Agenda of General Meeting - Wednesday, 12 April 2023

Hornsby Shire Council Agenda and Summary of Recommendations

Page 0

AGENDA AND SUMMARY OF RECOMMENDATIONS

Acknowledgement of Country

Statement by the Chairperson:

"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."

PRESENT

NATIONAL ANTHEM

OPENING PRAYER/S

Acknowledgement of RELIGIOUS DIVERSITY

Statement by the Chairperson:

"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 Chairperson:

"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

political donations disclosure

Statement by the Chairperson:

“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

Councillors are reminded of their Oath or Affirmation of Office made under section 233A of the Act and their obligations under the Council’s Code of Conduct to disclose and appropriately manage conflicts of interest.

Clause 4.16 and 4.17 of Council’s Code of Conduct for Councillors requires that a councillor or a member of a Council committee who has a pecuniary interest in a matter which is before the Council or committee and who is present at a meeting of the Council or committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable. The disclosure is also to be submitted in writing (on the form titled “Declaration of Interest”).

4.16 A councillor who has a pecuniary interest in any matter with which the council is concerned, and who is present at a meeting of the council or committee at which the matter is being considered, must disclose the nature of the interest to the meeting as soon as practicable.

4.17 The councillor must not be present at, or in sight of, the meeting of the council or committee:

a) at any time during which the matter is being considered or discussed by the council or committee, or

b) at any time during which the council or committee is voting on any question in relation to the matter.

Clause 5.10 and 5.11 of Council’s Code of Conduct for Councillors requires that a councillor or a member of a Council committee who has a non pecuniary interest in a matter which is before the Council or committee and who is present at a meeting of the Council or committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable. The disclosure is also to be submitted in writing (on the form titled “Declaration of Interest”).

5.10 Significant non-pecuniary conflict of interests must be managed in one of two ways:

a) by not participating in consideration of, or decision making in relation to, the matter in which you have the significant non-pecuniary conflict of interest and the matter being allocated to another person for consideration or determination, or

b) if the significant non-pecuniary conflict of interest arises in relation to a matter under consideration at a council or committee meeting, by managing the conflict of interest as if you had a pecuniary interest in the matter by complying with clauses 4.16 and 4.17.

5.11 If you determine that you have a non-pecuniary conflict of interest in a matter that is not significant and does not require further action, when disclosing the interest you must also explain in writing why you consider that the non-pecuniary conflict of interest is not significant and does not require further action in the circumstances.

confirmation of minutes

THAT the Minutes of the General Meeting held on 8 March, 2023 be confirmed; a copy having been distributed to all Councillors.

Petitions

presentations

Rescission Motions

Mayoral Minutes

ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS

Note:

Persons wishing to address Council on matters which are on the Agenda are permitted to speak, prior to the item being discussed, and their names will be recorded in the Minutes in respect of that particular item.

Persons wishing to address Council on non agenda matters, are permitted to speak after all items on the agenda in respect of which there is a speaker from the public have been finalised by Council. Their names will be recorded in the Minutes under the heading "Public Forum for Non Agenda Items".

GENERAL BUSINESS

· Items for which there is a Public Forum Speaker

· Public Forum for non agenda items

· Balance of General Business items

Office of the General Manager

Page Number 1

Item 1 GM1/23 Brooklyn Car Parking Management - Feedback from Public Exhibition

RECOMMENDATION

THAT Council:

1. Acknowledge the efforts and contribution of community and stakeholders to this process, particularly in trying to seek a common understanding and way forward on a long-standing issue for the Brooklyn and River community.

2. Adopt the proposed car parking management staged, roll out schedule attached to General Manager’s Report No. GM1/23 implementing the roll out as part of future Delivery Programs.

3. Not proceed with the proposed leased car park in Upper McKell Park overflow area but continue to operate the car park as a free to use parking area in the short to medium term.

4. Note the proposed alternate leased parking locations nominated by the community and further address this matter in the place planning process.

5. Undertake further consultation with the community to determine the extent of need for residents who are not eligible for a Disability Parking Permit but may still require special parking arrangements.

6. Undertake further consultation on the introduction of paid parking in McKell Park and Parsley Bay to respond to community demand for flexible parking.

Page Number 11

Item 2 GM10/23 Draft 2023-2026 Delivery Program including the Operational Plan, Budget and Fees and Charges 2023/24 - Adoption for Public Exhibition

RECOMMENDATION

THAT:

1. Council adopt for public exhibition the draft 2023-2026 Delivery Program and Operational Plan 2023/24 which includes the draft Budget, Fees and Charges and Rating Structures for 2023/24 and make available for public comment from 13 April to 15 May 2023.

2. Council note that an Informal Councillor Workshop(s) be held during the exhibition period to discuss options for project substitution or reallocation of resources to progress Vegetation Mapping, the creation of a fixed term, identified Aboriginal or Torres Strait Islander position to facilitate the development and implementation of an Aboriginal Engagement Strategy/Reconciliation Action Plan and the Rural Lands Study in the final Delivery Program.

3. Council note the rating information contained in the draft 2023-2026 Delivery Program and Operational Plan 2023/24 that aligns with the Independent Pricing and Regulatory Tribunal’s (IPART’s) rate increase approval for NSW councils (i.e. a 3.7% rate increase for 2023/24).

4. Council note the alternative rating information contained in the draft 2023-2026 Delivery Program and Operational Plan 2023/24 based on an application to the Independent Pricing and Regulatory Tribunal (IPART) for a Special Rate Variation over four years (2023/24 to 2026/27) of 31.05% cumulative with an 8.5% increase (including rate peg) in the first year, 2023/24.

5. Following public exhibition, after consideration of all submissions and pending the decision by IPART on the application for a Special Rate Variation, the 2023-2026 Delivery Program and Operational Plan 2023/24, including Budget, Fees and Charges and Rating Structure, be referred to Council for further consideration and adoption before 30 June 2023.

Corporate Support Division

Page Number 21

Item 3 CS16/23 Investments and Borrowings for 2022/2023 - Status for Period Ending 28 February 2023

RECOMMENDATION

THAT the contents of Director’s Report No. CS16/23 be received and noted.

Community and Environment Division

Page Number 24

Item 4 CE1/23 Hornsby Aboriginal & Torres Strait Islander Consultative Committee Membership Update

RECOMMENDATION

THAT Council endorse Dr. Michael Bennett as a member of the Hornsby Aboriginal and Torres Strait Islander Consultative Committee representing Hornsby Area Residents for Reconciliation.

Planning and Compliance Division

Page Number 27

Item 5 PC7/23 Sydney North Planning Panel and Hornsby Local Planning Panel - Expert and Community Panel Members

RECOMMENDATION

THAT:

1. Council appoint Aiman Khan and Tony Jones as additional community representatives on the Hornsby Local Planning Panel for a period of up to 3 years to participate as part of a pool of community representatives to be rotated with one representative to attend each meeting.

2. Council appoint Marjorie Ferguson, Gregory Flynn, Elizabeth Kinkade, Anthony Hudson, Larissa Ozog, Stephen Leathley, Heather Warton, Michael Leavey and John Brockhoff as additional expert members on the Hornsby Local Planning Panel for a period of up to 3 years.

3. Council appoint David White as a local member on the Sydney North Planning Panel for a period of up to 3 years.

4. The Planning Panels Secretariat at the Department of Planning and Environment be advised of Council’s resolution.

Infrastructure and Major Projects Division

Nil

Confidential Items

Item 6 CS17/23 Proposed Licence of Crown Land - Beecroft

This report should be dealt with in confidential session, 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.

PUBLIC FORUM – NON AGENDA ITEMS

Questions with Notice

Mayor's Notes

Page Number 34

Item 7 MN3/23 Mayor's Notes 01 March 2023 to 31 March 2023

Notices of Motion

Page Number 36

Item 8 NOM3/23 Abandoned Vehicles from NorthConnex and the M1 Pacific Motorway

COUNCILLOR Tilbury To Move

THAT Council:

1. Write to the NSW Minister for Roads and local State Members of Parliament to seek their cooperation to cease the practice of dumping abandoned vehicles from NorthConnex and M1 Pacific Motorway in local streets and responsibly manage vehicles in a designed holding facility or depot.

2. Indicate its willingness to work with the relevant State agencies and their contractors to identify an appropriate process and/or locations for the storage of vehicles removed from roads under their responsibility.

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY

General Manager's Report No. GM1/23

Office of the General Manager

Date of Meeting: 12/04/2023

1 BROOKLYN CAR PARKING MANAGEMENT - FEEDBACK FROM PUBLIC EXHIBITION

EXECUTIVE SUMMARY

· Community consultation on proposed parking restrictions in Brooklyn was undertaken during September and October 2022. Feedback received was understandably split – with a small majority of survey respondents indicating a preference for some type of parking restrictions across the various precincts and the parking needs of stakeholders varying significantly.

· The location and design of a leased car parking area has been the subject of much community feedback. The proposed leased car park in Upper McKell Park received mixed feedback from the community and is not recommended to proceed at this time.

· To resolve an approach to managing car parking in Brooklyn, Council needs to determine if, how and where to allow water only access residents to park their cars on public land. This is particularly challenging given much of the land in Brooklyn village is Crown Reserve set aside for public recreation and there is high demand for car parking. This is not a simple process that can be determined through this exhibition period and though short term actions are recommended in this report more work is required to continually refine the approach and implement long term solutions.

· Together with the implementation plan in this report is a recommendation to undertake further consultation with the community during Stage 1 of the roll out plan to determine how to address parking needs for residents who are not eligible for a Disability Parking Permit yet but may require special consideration.

· Further consultation is also recommended on paid parking in additional locations to address the flexibility requirements raised during the exhibition period.

RECOMMENDATION

THAT Council:

2. Adopt the proposed car parking management staged, roll out schedule attached to General Manager’s Report No. GM1/23 implementing the roll out as part of future Delivery Programs.

3. Not proceed with the proposed leased car park in Upper McKell Park overflow area but continue to operate the car park as a free to use parking area in the short to medium term.

4. Note the proposed alternate leased parking locations nominated by the community and further address this matter in the place planning process.

6. Undertake further consultation on the introduction of paid parking in McKell Park and Parsley Bay to respond to community demand for flexible parking.

PURPOSE

The purpose of this Report is to provide Council with feedback from the Brooklyn Car Parking Management exhibition period and seek endorsement of a staged, roll out schedule for changes to car parking management within the Brooklyn village centre.

BACKGROUND

At the August 2022 General Meeting, Council considered General Manager’s Report No. GM28/22 and resolved that:

1. Council exhibit the draft Brooklyn Carparking Management Plan as outlined in General Manager’s Report No. GM24/22.

2. Council undertake consultation with the community, including businesses, in respect of the draft Brooklyn Carparking Management Plan outlined in General Manager’s Report No. GM24/22, for a period of eight weeks.

3. Council accept submissions already received associated with General Manager’s Report No. GM24/22 and General Manager’s Report No. GM28/22 and consider them along with all other submissions received during the exhibition period.

4. Council seek feedback from the community on a preferred potential location for a leased car parking area within Brooklyn.

5. Following the eight week exhibition period, and prior to reporting back to Council, an Informal Councillor Workshop be held to review and consider community and stakeholder feedback including any proposed changes and next steps.

6. The Informal Councillor Workshop is to also consider how Council can support community efforts to access other State Government owned land around Brooklyn to accommodate car parking, including for essential services to the river communities.

DISCUSSION

Engagement

Prior to Council resolving to put the proposed changes to car parking management in Brooklyn on exhibition at the August 2022 General Meeting, 201 written submissions were received by Council from the community. These submissions have been reviewed and considered in the preparation of this Report. It is noted that many of these pre-exhibition submissions sought to not have the exhibition period commence until such time as the community had been consulted on the contents of the proposed changes to car parking management in Brooklyn. At the time, the community contended that the proposed changes, especially in relation to a leased car park in Upper McKell Park, were unsuitable.

Once on exhibition, a further 504 submissions were received - 38 written submissions were received on the proposed changes and 466 online surveys were completed on Council’s Your Say Hornsby webpage. Staff also met with nine individuals at their request during the exhibition period and attended fortnightly meetings with the Brooklyn Hawkesbury Parking Collaboration – a newly formed group who represent the various community organisations in the Lower Hawkesbury area. The group formed itself to find common ground on which to progress an approach to car parking management. This was not achieved by the end of the exhibition period and the group’s submission on the proposed parking changes and alternate solutions did not receive the support of the Brooklyn Community Association.

The exhibition period lasted nine weeks throughout September and October 2022. It should be noted that the community dedicated significant time, effort and resources into preparing their submissions and in some cases conducted their own surveys and undertook consultation with their stakeholders. Council acknowledges this extensive body of work and thanks the community members involved and for sharing their results.

Council survey

The Your Say Hornsby survey sought to elicit feedback from the community on the proposed car parking management changes. Essentially, Council proposed to time restrict parking in all off street car parking areas in Brooklyn, east of the railway bridge and also in on street car parking spaces servicing Upper McKell Park.

Additionally, the survey sought feedback on the management of trailers in the village centre and a proposed leased car park for offshore residents in Upper McKell Park. Alternate locations for leased car parking were also consulted upon as were the options for car share and active transport.

It is noted that changes to car parking management in a precinct are typically dealt with at an officer level under delegation. Consultation of this magnitude and breadth has been undertaken in this circumstance due to the identified need to fundamentally alter the way that car parking is managed in Brooklyn.

The summary of Your Say Hornsby survey results is attached to this Report – Attachment 1.

Survey response – other

It is noted that a large percentage of survey respondents chose to respond to questions using the “other” option when being asked about what length of time restriction should be implemented in a precinct. These responses have been coded, generally into three groups 1. unrestricted parking 2. time restricted parking limits other than those proposed, or 3. an answer unrelated to the question asked.

Competing uses

The feedback received by Council suggests that Brooklyn village, as a local village centre, recreational destination, port and river hub has a large number of stakeholders with a significant diversity of parking needs. Stakeholders have used car parking in Brooklyn for many years - generally without parking restrictions in place - and this has led to low turnover of car parking and difficulty finding a car park close to desired destinations – especially for those arriving during peak periods. The majority of the “in demand” car parking spaces tend to be unrestricted and provide a flexible and desirable outcome for the parker – if they can secure a vacant car parking spot.

The challenge in managing car parking, especially in a complex, high demand destination like Brooklyn, is to be able to turn over car parking spaces to provide greater access to parking opportunities and also provide a length of stay that matches the requirements of users. Best practice in managing the turnover of existing car parking spaces is achieved through time restrictions and then instituting paid parking. These steps are typically taken before additional car parking is provided.

Permits

There was strong feedback during the exhibition period for Council to implement timed parking for visitors but to issue parking permits for residents of Brooklyn, the river community, sporting groups or clubs who use these precincts – thereby removing the requirement for these users to abide by sign posted time restrictions. Practically, taking this approach would do very little to change current parking turn over rates given the residential and long stay nature of parking users, nor would it remove long stay parking from the river front and other park areas – a key goal associated with the vision for Brooklyn. As such, a resident permit scheme is not recommended. Similarly, a resident permit is unlikely to meet Council’s land management requirements with regards to facilitating access to the reserves located in the village which are Crown land reserved for the people of NSW for the purposes of public recreation.

Survey summary

There was a small majority of respondents supportive of the implementation of some form of timed parking in all precincts consulted upon – noting that there was significant diversity in terms of the preferred length of parking stay – generally from three hours to three days.

Council’s legislated responsibility is to manage the land and parking in McKell Park to facilitate access by visitors wishing to use the land for the purposes of public recreation. Parking controls should service and prioritise visitor access to the Crown Reserve – rather than those not using the reserve for recreation. In Parsley Bay, where a permissive occupancy is also in place, parking should be managed in a way that facilitates public recreation and launching/access to the water. This approach is consistent with the State Strategic Plan – A Vision for Crown land 2020 which seeks to strengthen community connections with Crown land to ensure the assets are accessed, activated and sustained.

A staged roll out plan is attached to this Report (Attachment 2) which makes a number of changes to initial parking control recommendations put on exhibition due to the feedback received from the community. The plan also seeks to provide a gentler transition to a new approach to car parking management in Brooklyn village through a staged roll out of changes on current car parking footprints and to allow time for the place planning process to address the need for additional car parking. It also recommends increasing the flexibility of parking in Parsley Bay and undertaking consultation on additional paid parking in other locations within McKell Park in order to respond to the diversity of user needs articulated in terms of duration of stay. Lastly, the roll out plan recommends additional consultation with the community to determine the extent of needs for those residents without access to a Disability Parking Permit who may require special parking arrangements but whose needs may not fully meet the requirements for a full Disability Parking Permit.

Trailer parking

Trailers, primarily unattached boat trailers, but including other types of trailers, have been informally, but not illegally, parked in public reserves in Brooklyn for a number of years, noticeably increasing over the past decade. As competition for parking has increased, maximising the availability of car parking by removing the long-term storage of trailers in the village centre is seen as a logical first step in improving car parking capacity without building additional parking. Trailers can often sit unused for many months at a time. Council Rangers actively manage trailers where trailer registration has lapsed (or a complaint has been received) but other than this, trailers are currently able to park wherever a car would park – unless sign posted otherwise, as is currently the case in Parsley Bay where unattached trailers are not permitted to be parked.

Council consulted the community on the exclusion (or otherwise) of trailer parking in the area within the Brooklyn village – east of the railway bridge. 70% of survey respondents indicated a desire to exclude all trailer parking on street within the village – except in Parsley Bay. The attached summary of survey results (Attachment 1) indicates where respondents thought that on street trailer parking should be allowed. Council also consulted on whether parking for trailers should be offered elsewhere in Brooklyn – at a cost to trailer owners. Saltpan Reserve was the most highly favoured location for trailer storage nominated by the community.

Using public land and Crown Reserve to store private items is a challenging policy position – given that there is limited public land available and demand for its use is forever increasing. Concerns regarding turning public land over to private car parking under a lease arrangement in Brooklyn have been voiced during the exhibition period. In the circumstances of trailer parking (as with car parking), the cause of this outcome generally appears to be the inability or desire of owners to store this type of item on their own land, or privately elsewhere at a cost. It should be noted that private storage options for trailers is available on a commercial basis.

On balance, the need for Council to facilitate storage of infrequently used trailers on high demand public land is considered to be a low priority and as such it is not recommended that Council make public land available for the long-term storage of trailers. Instead, based on community feedback, it is recommended that Council work with trailer owners to remove trailers from McKell Park. Specifically, the following recommendations are made for trailer parking management –

Council exclude trailer parking from McKell Park using the appropriate signage – including within the overflow parking area.

1. Council work with trailer owners over a 3-6 month period to facilitate this change and to allow trailer owners the opportunity to make long term storage arrangements elsewhere.

2. Council sign post all car parks associated with public reserves outside of Brooklyn village (but within the suburb of Brooklyn) as “car only” parking to prioritise access for visitors to these reserves.

3. Council offer to remove unwanted trailers from Brooklyn, including McKell Park which may no longer be required by the owner. The unwanted trailers would be suitably disposed of by Council via auction, offering them to the community for “rehoming” or a metal recycling facility.

4. Offshore residents be encouraged to progress a trailer share scheme – as per their written submissions.

In the event that trailer parking continues to be an issue for on and off street parking locations within the village centre or elsewhere in Brooklyn, further consideration should be given to restricting parking in these areas – potentially by nominating them as car only parking locations. This matter should be assessed on a site by site basis with the community, using consistent criteria that considers safety, proximity to destinations, impacts on local residents and visitors, alternatives such as timed parking and impacts on surrounding streets of trailer relocation.

Leased car parking in Upper McKell Park

On advice from Crown Lands, Council proposed a leased resident parking area in Upper McKell Park overflow area and consulted the community about their interest in leasing a parking space in this location. No ongoing lease fee with Crown Lands was mentioned during the consultation period as no quote had been provided by Crown Lands at that stage. Crown Lands have a policy on how land is commercially valued which is understood to guide leasing costs for private uses.

The site in Upper McKell Park was selected as it was likely to be the most cost and time effective to construct and was in keeping with the vision for Brooklyn to remove parking from the river front. It also best addressed Council’s land management responsibilities of providing access to Crown Reserves for the purposes of public recreation.

The 201 submissions received prior to the exhibition period were predominately from water only access residents and it was strongly argued that the Upper McKell Park location for a leased car park was unacceptable and unworkable. However, once on exhibition, survey respondents indicated that there may be demand for 118 car parking spaces in this location – albeit with no financial commitment attached to providing that indication. Concerns were also raised during the exhibition period with regards to turning over prime public land in the village centre for long term private use.

Given this feedback, on balance, it is recommended that Council not progress a leased car park in Upper McKell Park overflow area. Instead, in the short term, it is recommended that trailers be excluded from parking within the space and that Council continue to operate the site as an informal, overflow car park. In the longer term, it is recommended that the site be formalised and sealed – along with a re-alignment of the car parking towards the picnic areas in Upper McKell Park where angled parking is proposed to maximise the efficiency of the use of the space for parking.

Council consulted the community on where else a leased resident car park might be located. This was an open question in the survey and no guidance was given on the feasibility of the various locations the community suggested. Suggestions included Transport for NSW land (railway land), the slip road/marina, Dangar Road, Bridge Street (behind the pub), Parsley Bay and Lower McKell Park. Most flat areas of land in Brooklyn village were listed as potential car park sites. Staff have met with Transport for NSW officials to advocate for the provision of parking that can meet the needs of commuters, visitors and longer stay parking needs. At the time of writing, Council staff are having ongoing conversations with Transport for NSW with regards to gaining access to their land for the purposes of resident/commuter parking. Whilst engagement has been productive with TfNSW it should be relayed that there is not a clear or straightforward pathway to accessing NSW State Government owned land for the purposes mentioned. The community is encouraged to also pursue discussion with local state members including the member of Hornsby and relevant members of parliament representing Central Coast residents regarding access to state owned lands.

A submission received from the aforementioned Brooklyn Hawkesbury Parking Collaboration short listed a location in Parsley Bay up against the southern side of the McKell Park headland, and also an area to the south of Hawkesbury River Marina on Crown and Council owned land located off the slip road leading to Upper McKell Park. Within the context of the place planning process, either of these two short listed sites may be appropriate to pursue further design development of a leased parking area but further concept development and community consultation is required.

It is recommended that the matter of additional car parking in Brooklyn be addressed within the place planning context – which is recommended to re-commence after initial changes to car parking management are made in Brooklyn village. Whilst the inclusion of such parking can be identified within the place plan for Brooklyn, feasibility, design, approvals and funding will be the remit of those who directly benefit from its provision.

General feedback on proposed car parking restrictions and proposed changes

High level feedback on proposed car parking restrictions per precinct has been included in Attachment 1. It is noted that Council has land management responsibilities under the Crown Land Management Act 2016 and other responsibilities for how Operational land and Community land is used under the Local Government Act 1993. As such, stakeholder feedback assists officers to make recommendations to Council on appropriate parking controls but the survey results do not, in themselves, make the recommendation.

The following key themes were derived from the survey and other written feedback and have driven a change in either a precinct recommendation or the roll out process:

· There is significant demand for both short and long stay parking throughout Brooklyn village in each precinct. Each user group is often seeking a bespoke solution that responds to their specific needs. Flexibility of parking controls will be key in addressing the majority of needs and managing demand for parking. This flexibility can be provided by smart parking solutions – linked to a user pays system. To achieve this flexibility, it is recommended that Council consult the community further on broadening the scope of paid parking – beyond Parsley Bay. Specifically, in key destinations in McKell Park.

· There is a need to align “car only” parking length of stay in Parsley Bay with “car with attached trailer” length of stay – that is, Council should not differentiate between car only and car with attached trailers in length of stay restrictions. Length of stay also needs to be extended beyond what was initially proposed to accommodate potential adverse weather conditions (consistent with community feedback) – or Council should use smart solutions to allow for paid parking to top up meters remotely. In the short term, due to the extended stay requirements of car park users and the difficulties with undertaking compliance over 12-24+ hours without smart technology, it is proposed that no timed parking restrictions are imposed in Parsley Bay until a smart/paid parking solution can be installed. It is also proposed that a greater percentage of the car park be given over to flexible parking whereby either a car or a car with attached trailer may park in a bay.

· There is a need to further investigate the parking requirements of residents with special parking needs who may not be eligible for a Disability Parking Permit and consider a policy position on how to address this situation.

· The need for the community to undertake further concept development work and consultation on alternate leased car parking locations. The need for this additional parking and the location and design should be considered within the place planning process.

Recommended changes to car parking management in Brooklyn village, along with a staged, roll out plan are attached to this Report in Attachment 2.

CONSULTATION

In the preparation of this Report there was consultation with the broader community of stakeholders in Brooklyn via the Your Say Hornsby survey, written submissions and in person meetings with both individuals and groups, including community associations over the last four years. Attachment 3 outlines a summary of feedback received from the various community groups and associations along with a Council response to the issues raised. Consultation has taken place with Crown Lands and Transport for NSW to determine the appropriateness of the recommended changes to car parking management and to advocate on behalf of the community for access to rail land.

Offers were extended to meet with community associations post the exhibition period of the proposed changes in order to unpack the survey results attached to this Report and to gain further feedback.

BUDGET

Stage 1 - Signage updates related to this staged roll out in the various precincts in Brooklyn will be included in recurrent budgets within upcoming Delivery Programs. Budgetary impacts of future implementation stages will be considered following future consultation and evaluation.

POLICY

There are no policy implications associated with this Report. Recommendations in this Report are based on the adopted Car Parking Management Study. Some feedback has suggested that Council has breached its own policy statements and principles of the Local Government Act 1993. These matters have been addressed in Attachment 3.

CONCLUSION

Previous reports to Council on this matter have outlined a 30-year history of studies, reports, consultations and surveys seeking to resolve an approach to car parking in Brooklyn resulting in little change on the ground.

Following extensive community consultation on the proposed car parking changes, the staged roll out plan and its recommendations in Attachment 2 have been developed to respond to the survey and other written feedback Council received from the community during the exhibition period. The community have invested significant time, effort and resources into participating in this process. Council seeks to find an appropriate balance between all competing users and their unique requirements in addition to Council’s land management responsibilities, parking data, the adopted place planning guiding principles, working vision and the Car Parking Management Study.

This current series of reports has asserted that it is inappropriate for other Shire residents to fund private car parking arrangements for offshore residents (on public land) and so any leased offshore resident parking solution should be funded by those seeking to benefit from its use. The approach taken has been to attempt to locate an appropriate parcel of public land upon which a user funded and developed car park may be built within the village centre. Achieving this outcome is a challenge given the finite nature and purpose of public land. This matter has not been resolved through this exhibition period and should be further dealt with within the context of the place planning process - should the community wish to progress this option. The provision of any additional car parking needs to be underpinned by demand identification and conform to the adopted Brooklyn place planning guiding principles and working vision.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager Strategy and Place – Julie Ryland - who can be contacted on 9847 6773.

Julie Ryland

Strategy Manager - Strategy and Place

Office of the General Manager

Steven Head

General Manager

Office of the General Manager

Attachments:

1.	Attachment 1 - Brooklyn Car Parking Management Survey
2.	Attachment 2 - Staged Roll Out Plan
3.	Attachment 3 - Response to Community Group Submissions

File Reference: F2019/00117

Document Number: D08547400

General Manager's Report No. GM10/23

Office of the General Manager

Date of Meeting: 12/04/2023

2 DRAFT 2023-2026 DELIVERY PROGRAM INCLUDING THE OPERATIONAL PLAN, BUDGET AND FEES AND CHARGES 2023/24 - ADOPTION FOR PUBLIC EXHIBITION

EXECUTIVE SUMMARY

· Draft 2023-2026 Delivery Program including the Operational Plan 2023/24 has been developed and includes budget information, the rates proposed to be charged to ratepayers and the fees to be charged for the domestic waste service. Other fees and charges proposed for 2023/24 are included in a separate document.

· The draft documents are predicated on Council maintaining current levels of service in 2023/24 as well as capital expenditure of $80 million. Also included are 167 key initiatives in total, which includes 103 actions identified through the adoption of strategy and technical documents.

· Two budgets for 2023/24 have been prepared, one reflecting the Baseline Budget excluding the SRV, and a Special Rate Variation Budget that reflects additional revenue forecast from the SRV and expenditure to be funded by the SRV, which includes the Strategic Initiatives within Council’s application to IPART. A budget surplus of $1.1 million is forecast in the Baseline Budget, whereas the Special Rate Variation Budget forecasts a budget surplus of $40K at 30 June 2024.

RECOMMENDATION

THAT:

PURPOSE

The purpose of this Report is to present to Council for adoption the draft 2023-2026 Delivery Program and Operational Plan 2023/24 (incorporating the Budget, Fees and Charges and Rating Structure for 2023/24), such that the draft documents can be publicly exhibited from Thursday 13 April to Monday 15 May prior to being reconsidered for final adoption by Council in June 2023. The Delivery Program and Operational Plan also includes detail regarding Council’s application for a Special Rate Variation to general income (a rate increase) in accordance with Section 508A of the Local Government Act 1993.

BACKGROUND

By 30 June in the year following local government elections, all councils are required to develop a ten-year Community Strategic Plan (CSP), a four-year Delivery Program and a one-year Operational Plan, as well as a Resourcing Strategy aligned to an integrated planning and reporting framework mandated by the Office of Local Government. The framework requires that the community is engaged to identify the main priorities and aspirations for the future of the area and the key issues and challenges facing the Shire so they can have deliberative input into how Council, other government agencies and the community themselves will respond to those issues and challenges. The planning process should also consider the level of resources that will realistically be available to achieve the community’s aspirations and priorities. Council’s Community Strategic Plan, Your vision | Your future 2032, was endorsed by Council in June 2022 (GM20/22 – 8 June 2022).

DISCUSSION

Draft 2023-2026 Delivery Program including the Operational Plan 2023/24 (Attachment 1)

The draft 2023-2026 Delivery Program, Council’s response to the draft Community Strategic Plan, Your vision | Your future 2032 and its commitment to the community for its term of office, outlines Council’s plan of action to address the community’s long-term goals. It outlines the principal activities to be undertaken, known as Focus Areas which are broad groupings that cover Council operations. The 16 Focus Areas are aligned to the Strategic Directions and Goals in Your vision | Your future 2032 and bring together a program of Key Initiatives, Ongoing Activities and Capital Projects which will be reviewed yearly against the annual budget.

The draft Operational Plan for 2023/24 is encapsulated within the Delivery Program. As well as outlining the Key Initiatives, Ongoing Activities and Capital Projects that will be undertaken during 2023/24, it includes Council’s detailed annual budget and Statement of Revenue Policy which includes the proposed rates, fees and charges. It also includes information regarding Council’s application for a Special Rate Variation (SRV), the rationale for the application, the areas of works to be funded by the proposed SRV and the alternative proposed rates applicable in 2023/24 if the SRV application is approved in full.

Council undertook significant community engagement over the three-year period 2018-2021 which involved over 15,000 stakeholders across a wide range of demographics. Much of the engagement was to gain community feedback to allow Council to develop strategies and technical documents for the long-term future of the Shire. Information about what is important to the community has also been gathered and analysed through the Community Strategic Plan Review online survey (October 2021), a Community Satisfaction telephone survey (April 2021), three Asset Management workshops (November 2020) and a Quality of Life and Asset Management telephone survey (March 2020). These consultation activities alone involved 3,072 participants or respondents. A further Community Satisfaction telephone survey of 300 residents was undertaken in February 2023.

Key initiatives outlined in the draft 2023-2026 Delivery Program including the Operational Plan 2023/24 are in response to the findings and priorities voiced by the community. Across the four Themes of Liveable, Sustainable, Productive and Collaborative there are 167 Key Initiatives, 103 of which are actions identified through the adoption of strategies and technical documents. These Key Initiatives include:

LIVEABLE

· Hornsby Park redevelopment

· Development of Westleigh Park

· Develop an Arts and Cultural Plan

· Develop a Social Plan for the Shire

· Galston Aquatic Centre – complete the roof replacement and associated works

· Implement master plan for Beecroft Village Green

· Prepare a Heritage Interpretation Strategy

· Complete construction of agreed solution to protect mangroves in the vicinity of Wisemans Ferry Boat ramp

SUSTAINABLE

· Incorporate carbon zero processes into the design, development and ongoing use of town centres (i.e., Hornsby Town Centre), e.g., building materials, waste generation and disposal, energy production on scale

· Finalise Hornsby Floodplain Risk Management Study and Plan

· Develop species planting guidelines – Identify species for private landscaping with consideration for public/private habitat and amenity linkages, locational characteristics, tree growth and canopy spread and maintenance

PRODUCTIVE

· Hornsby Town Centre review

· Public Domain - Review and adopt Galston Village concept design following community engagement

· Develop a Destination Management Plan for rural and river communities with industry partners

· Finalise urban design footprint for Brooklyn

· Establish night-time economy strategy in Hornsby

COLLABORATIVE

· Implement a continuous improvement program for Council’s services

· Prepare and conduct a Library customer service survey

· Prepare a Natural Areas Recreational Strategy

· Prepare a Coastal Management Program

· Assess the financial position on Council owned commercial holdings and implement outcomes

· Establish and embed an Application and Data Governance Program

Research undertaken in 2020 found that 96% of residents believe they have a good to excellent quality of life. In essence, Hornsby Shire is a community that has high expectations for the quality of life and services enjoyed by residents, businesses and visitors. These expectations can best be met by Council if it continues to provide services at the levels provided in the past, including a strong focus on capital projects.

There are currently four large scale projects underway which will transform the Hornsby CBD, the economy, sporting and recreation facilities and quality of life for residents of our area. These projects are:

· Hornsby Park redevelopment – with $35 million allocated for 2023/24

· Westleigh Park redevelopment – with $1.8 million allocated for 2023/24

· Public Domain, Asquith to Mount Colah – with $3.8 million allocated for 2023/24

· Galston Aquatic and Leisure Centre refurbishment – with $1.6 million allocated for 2023/24

· Hornsby Town Centre Review – to meet the future housing and employment needs of Hornsby Town Centre

In total, there are $80 million worth of capital projects proposed in the draft Operational Plan 2023/24, of which $6 million is funded by grants, $30 million is funded by Restricted Assets and $29 million is funded by section 7.11 / section 7.12 development contributions. As well as the five transformational projects mentioned above, other capital projects proposed for 2023/24 include:

· Local road improvements worth more than $5.4 million

· $12.4 million to improve various parks and sporting facilities including Mark Taylor Oval, Waitara; Brickpit Park, Thornleigh; Edward Bennett Park, Cherrybrook and Greenway Park, Cherrybrook

· Over $1 million on bushland recreational improvements, including walking track upgrades to the New Farm Road bushland at West Pennant Hills; Wareemba Avenue, Thornleigh and Devlins Creek Track to Lyne Road at Cheltenham

· Over $1 million on Catchment Remediation Rate projects including installation of gross pollutant traps at Larool Crescent, Thornleigh and Tallowwood Avenue, Cherrybrook and a trash rack at Derribong Place, Thornleigh

The Draft 2023/24 Budget

It is noted in General Manager’s Report No. GM34/22 – Adoption of a draft Long Term Financial Plan for 2023/24 – 2032/33 and Progression of a Special Rate Variation Application (SRV) For 2023/24 (considered at the 23 November 2022 General Meeting), Council resolved to:

Council advise the Independent Pricing and Regulatory Tribunal (IPART) by 25 November 2022 of its intention to make application for an SRV in respect of the 2023/24 financial year. The SRV would be spread across the first four years of the LTFP for 2023/24 to 2032/33 in the following manner:

· An 8.5% increase for 2023/24 (inclusive of the 3.7% rate peg determined by IPART for that year)

· An 7.5% increase for 2024/25 (inclusive of the forecast rate peg of 3.5% for that year)

· An 6.5% increase for 2025/26 (inclusive of the forecast rate peg of 3.0% for that year)

· An 5.5% increase for 2026/27 (inclusive of the forecast rate peg of 2.5% for that year)

Council note the purpose of the SRV is to address the ongoing resilience of Council’s capacity to support its community through the continuation of current services (financial sustainability), long term sustainable management of community assets and the implementation of several strategic initiatives.

Having regard to the above, the budget commentary in this section refers to either a Baseline Budget (a budget prepared based on the rate peg approved for 2023/24 of 3.7%) and a Special Rate Variation Budget (a budget based on a proposed Special Rate Variation applied to IPART with a rate peg being sought in 2023/24 of 8.5%).

Draft 2023/24 Budget – Baseline Budget

Council staff commenced the preparation of the draft 2023/24 Budget in December 2022. To minimise some of the financial constraints and considerations impacting local government generally and Council specifically, and to avoid excessive bids for funding which could not be met, the draft 2023/24 budget parameters included:

· Alignment with the parameters and projects identified within the baseline scenario in the Long-Term Financial Plan (LTFP) adopted by Council at the 23 November 2022 General Meeting.

· Initiatives agreed to in successive versions of the LTFP for inclusion in the 2023/24 budget include Galston Public Domain of $1 million (part of a total available allocation of $7.1 million) funded from budget surpluses set aside in previous years, new footpath construction of $500K and $250K (part of a total allocation of $1 million) for improvements at Wallarobba Arts and Cultural Centre funded from general funds and an internal restricted asset set aside for this purpose.

· A general rate peg increase of 3.7% for 2023/24 – i.e., the allowable percentage approved by the IPART that a Council can increase its rate revenue.

· Additional funding for the renewal and maintenance of Council’s asset base of $2.35 million as identified during the revision of asset management plans for each of Council’s major asset classes and as noted in the Asset Management Strategy at the 28 September 2022 General Meeting of Council.

· Zero external loan borrowing and the continuation of prudent financial management.

· A nil increase to non-contractual Divisional expenditure (net of direct labour) – price increases for non-contractual expenditure have been required to be offset by productivity improvements or reviewing service provision.

· Contractual cost increases that have risen at a greater rate than forecast CPI including the renewal of workers compensation insurance (58% increase), the renewal of other required insurances such as for motor vehicles and public liabilities (14% average increase), software licence price increases between 10% and 25%, and a 44% price increase for grass cutting services.

· Direct salaries and wages for an estimated Local Government (State) Award increase of 3.8% based on the forecast Wages Price Index from the Reserve Bank of Australia and calculated on a 50 pay week year. The increase agreed in the Award will be determined during the exhibition period. The two-week reduction from a full year represents organisational savings which occur because of the average delay in replacing staff members who retire/resign/etc. and/or productivity improvements that are required.

· The use of Council staff where possible to undertake grant funded projects and Section 7.11 and 7.12 Development Contributions projects.

· An increase in superannuation from 10.5% to 11% in line with statutory requirements, estimated at $268K in the LTFP.

The draft 2023/24 cash surplus in the Baseline Budget after applying the parameters above is a cash surplus of $1.1 million, which is less than the surplus forecast in the LTFP of $2 million. The difference is due to contractual cost increases outlined above that have increased greater than forecast CPI of 3.5% including the renewal of workers compensation insurance (58% increase), the renewal of other required insurances such as for motor vehicles and public liabilities (14% increase), software licence price increases of 10% to 25% and a 44% price increase for grass cutting services.

Whilst a surplus is forecast in the Baseline Budget for 2023/24, it is noted that future operating capacity in the LTFP under this scenario is below the level required to provide for the normal continuance of services and maintain Council’s extensive infrastructure asset base to the level of condition required by the community. The baseline LTFP forecasts operating budget deficits in eight out of ten years, commencing in 2025/26 and increasing in size over the life of The Plan.

Draft 2023/24 Budget – Special Rate Variation Budget

This version of the draft 2023/24 Budget includes all the parameters from the Baseline Budget as well as the following adjustments:

· Additional income from the proposed special rate variation of 8.5% in 2023/24, inclusive of the 3.7% rate peg set by IPART.

· A $50 increase in the pensioner rate concession from $250 to $300 for eligible pensioners, subject to approval in full of the SRV application by IPART.

· Expenditure of $6.4 million to fund the first year of allocations for Strategic Initiatives included within the LTFP and SRV application.

The cash result in the Special Rate Variation Budget after applying the parameters above is a deficit of $2 million, which is greater than the deficit forecast in the LTFP of $0.9 million, attributable to contractual cost increase as discussed in the Baseline Budget section of this report. It should be noted that a deficit was forecast in the first year of the Special Rate Variation Budget because of the temporary cashflow timing of SRV income compared to projected expenditure in the first year of the SRV.

To address this cashflow timing in the first year under a Special Rate Variation Budget a transfer of $2.1 million from Council’s Debt Retirement & Capital Projects Restricted Asset account has been allocated to balance the budget to a forecast surplus of $40K at 30 June 2024. The amount borrowed will be repaid from cash surpluses forecast in 2024/25 and 2025/26 in the SRV scenario of Council’s LTFP, noting that this scenario in the LTFP is forecast to provide sufficient operating capacity into the future.

IPART will make its determination in respect to Council’s Special Rate Variation in May 2023 while the draft Budget (under two scenarios) are on public exhibition. The adoption of the final 2023-2026 Delivery Program including the Operational Plan 2023/24 (Budget), and the Rating Structure, will be reported to Council in June 2023.

Councillor Initiatives

Following discussions with Councillors during an informal workshop in March 2023 several initiatives were identified that are currently unfunded in the budget. Options for project substitution or a reallocation of resources to progress these initiatives will be reviewed during the exhibition period. Any changes to the Budget from these initiatives will be considered by Council at the June 2023 General Meeting. This approach is considered financially prudent whilst the outcome of Council’s application for a Special Rate Variation is still pending. The Councillor identified initiatives are outlined below:

· $200K - Vegetation Mapping – Councillors have indicated a preference for the mapping to be updated requiring a one-off allocation of funding in 2023/24.

· $390K – Creation of a fixed term, identified Aboriginal or Torres Strait Islander position to facilitate the development and implementation of an Aboriginal Engagement Strategy/Reconciliation Action Plan and support HATSICC with broader Aboriginal policy issues. Initial estimates suggest that $150K in year one and $120K in years two and three will be required. HATSICC have discussed and support the allocation of resources for these purposes.

· Rural Lands Study - A workshop be held with Councillors in May to discuss the scope, timing and resource implications of progressing the Long Term Actions and options for project substitution should any actions be brought forward in the draft Delivery Program and Operational Plan.

Fees and Charges

The proposed Fees and Charges for 2023/24 (Attachment 2) have been reviewed and increased by CPI or by an amount which has regard to market conditions and the appropriate cost recovery level. Opportunities to recover administrative and overhead costs in respect of business activities have also been investigated and implemented where appropriate. Where applicable, the final price includes GST which does not contribute revenue to Council but is forwarded to the Federal Government. For 2023/24, most fees and charges have been increased by the rate of CPI forecast by the Reserve Bank of Australia of 3.5%.

In respect to the Domestic Waste Management charge, no increase (0%) has been applied to the draft 2023/24 Fees and Charges and draft 2023/24 Annual Budget, with all fees remaining the same as in 2022/23. This approach is proposed as a method of lessening the impact of the 8.5% Special Rate Variation (subject to approval by IPART and adoption by Council in June 2023) on the 2023/24 Rates Notices.

Rating Structure

Council reviewed its rating structure at the April 2006 Ordinary Meeting when it considered Executive Manager’s Report No. CC20/06. That structure has applied in respect of the calculation of the rates since that time and it is recommended that the same rating structure continue in 2023/24. Details of the rate types and yields, rating categories, base amounts, minimum rates for business properties, ad valorem amounts, and other statutory rating information are set out in the draft Operational Plan document.

The Valuer General supplied Council with new land values for properties across the Shire as at 1 July 2022. These values have been used for the 2023/24 financial year and will continue to be used for the 2024/2025 and 2025/26 financial years.

Two sets of rating information have been disclosed within the Operational Plan to provide for the 3.7% rate peg increase approved by IPART for 2023/24 and for a total increase of 8.5% (inclusive of the 3.7% rate peg) should Councils application to IPART for a Special Rate Variation be successful. The base amount for ordinary, residential and farmland rates will increase from $595 in 2022/23 to $617 in 2023/24 if a 3.7% increase is applied. The base amounts will increase to $646 in 2023/24 if an 8.5% increase is applied.

In line with statutory requirements that entitle eligible pensioners across NSW to a reduction of up to $250 in the ordinary rates and domestic waste management services that are payable to their councils in respect of their properties, Hornsby Shire Council currently provides a rebate of $250 per annum to its eligible pensioners. As resolved at the 23 November 2022 General Meeting the rebate will be increased by a further $50 per annum voluntary rate concession to pensioners from the 2023/24 financial year, subject to the SRV being approved in full by IPART. This would increase the rebate to $300 per annum.

CONSULTATION

The exhibition of the draft 2023-2026 Delivery Program including the Operational Plan 2023/24 and draft Fees and Charges 2023/24 falls into the Inform and Consult engagement levels, as outlined in Council’s Community Engagement Plan. The formal exhibition period for these draft documents is scheduled from Thursday 13 April to Monday 15 May 2023.

The community will be informed about the draft 2023-2026 Delivery Program including the Operational Plan 2023/24, and draft Fees and Charges 2023/24 through the following channels:

· Advertisement on Council’s website – Your Say Hornsby

· Council’s eNews – May edition

· Social Media (Facebook)

· Advertising and Mayor’s message – Bush Telegraph, Galston Glenorie Hills District Rural News, Dural Roundup, Hornsby-Kuringai Post and Living Heritage

· Digital footbridge (Hornsby Station)

· Media release

Comments received during the formal exhibition period will be considered and reported to Council prior to adoption of the final 2023-2026 Delivery Program including the Operational Plan 2023/24 and Fees and Charges 2023/24 in June 2023.

BUDGET

Any budget implications have been included in the Discussion section of this Report.

POLICY

The draft 2023-2026 Delivery Program including the Operational Plan 2023/24 is Council’s principal instruction to the organisation and describes Council’s commitment to the community during its term of office and beyond.

CONCLUSION

The draft 2023-2026 Delivery Program including Operational Plan 2023/24 (including the Budget, Fees and Charges and Rating Structure) encompasses Council’s prudent and financially viable response to the community’s priorities and expected levels of service. Public exhibition of these documents provides an opportunity for the community to give feedback on any proposed initiative or activity over the next few years. That feedback will be considered by Council prior to final adoption of the documents in June 2023.

RESPONSIBLE OFFICER

The officers responsible for the preparation of this Report are the Chief Financial Officer – Duncan Chell and the Manager, Strategy and Place Unit – Julie Ryland, who can be contacted on 9847 6822 and 9847 6773 respectively.

Glen Magus

Director - Corporate Support

Corporate Support Division

Steven Head

General Manager

Office of the General Manager

Attachments:

1.	Draft Delivery Program and Operational Plan 2023 - 2026
2.	Draft Fees & Charges 2023/24

File Reference: F2023/00012

Document Number: D08612658

Director's Report No. CS16/23

Corporate Support Division

Date of Meeting: 12/04/2023

3 INVESTMENTS AND BORROWINGS FOR 2022/2023 - STATUS FOR PERIOD ENDING 28 FEBRUARY 2023

EXECUTIVE SUMMARY

· This Report provides details of Council’s investment performance for the period ending 28 February 2023 as well as the extent of its borrowings at the end of the same period.

· Council invests funds that are not, for the time being, required for any other purpose. The investments must be made in accordance with relevant legislative requirements and Council’s policies and the Chief Financial Officer must report monthly to Council on the details of funds invested.

· All of Council’s investments have been made in accordance with the requirements of the Local Government Act, the Local Government (General) Regulation and Council's Investment of Surplus Funds Policy and Investment Strategy.

· In respect of Council’s cash and term deposit investments, the portfolio achieved an annualised return for February 2023 of 2.53% which includes a negative yield of -9.69% from TCorp Managed Funds. On a financial year to date basis the portfolio achieved an annualised return of 3.00% which includes a yield of 5.88% from TCorp Managed Funds.

RECOMMENDATION

THAT the contents of Director’s Report No. CS16/23 be received and noted.

PURPOSE

The purpose of this Report is to advise Council of funds invested in accordance with Section 625 of the Local Government Act; to provide details as required by Clause 212(1) of the Local Government (General) Regulation and Council's Investment of Surplus Funds Policy; and to advise on the extent of Council’s current borrowings.

BACKGROUND

Legislation requires that a report be submitted for Council’s consideration each month detailing Council's investments and borrowings and highlighting the monthly and year to date performance of the investments. Initial investments and reallocation of funds are made, where appropriate, after consultation with Council's financial investment adviser and fund managers.

DISCUSSION

Council invests funds which are not, for the time being, required for any other purpose. Such investment must be in accordance with relevant legislative requirements and Council Policies, and the Chief Financial Officer must report monthly to Council on the details of the funds invested.

Council’s investment performance for the month ending 28 February 2023 is detailed in the attached document. In summary, the portfolio achieved an annualised return for February 2023 of 2.53%. On a financial year to date basis the portfolio achieved an annualised return of 3.00% which includes a yield of 5.88% from TCorp Managed Funds.

In respect of Council borrowings, the interest rate payable on the outstanding loan taken out in June 2013 (the last time that Council borrowed), based on the principal balances outstanding, is 5.89%. The Borrowings Schedule as at 28 February 2023 is also attached for Council’s information.

BUDGET

Budgeted investment income for the year is $4,788,420 with an average budgeted monthly income of $399,035. Net investment income for the month ended 28 February was $691,664, which includes an unrealised loss of -$171,373 from TCorp Managed Funds.

Budgeted investment income year to date at 28 February 2023 was $3,192,280. Total investment income year to date at 28 February 2023 was $6,134,485 which includes a year-to-date unrealised net gain $814,707 TCorp Managed Funds.

Approximately 49.93% of the investment income received by Council relates to externally restricted funds (e.g., Stronger Communities Grant funding and Section 7.11 and Section 7.12 development contribution funds) and is required to be allocated to those funds. All investments have been made in accordance with the Local Government Act, the Local Government (General) Regulation and Council's Investment of Surplus Funds Policy and Investment Strategy.

The returns from TCorp Managed Funds are presently experiencing significant market volatility due to external economic conditions caused by the recovery from the COVID-19 Pandemic. It is noted that this product has a 7-year investment horizon and will, therefore, reflect marked to market valuations monthly. Advice provided by Council’s independent investment advisor, Prudential Investment Services, is to hold this investment for the 7-year timeframe originally planned. This is due to the anticipated net positive performance returns that will be gained over the long term for this investment.

CONCLUSION

The investment of Council funds and the extent of its borrowings as of 28 February 2023 is detailed in the documents attached to this Report. Council’s consideration of the Report and its attachments

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Chief Financial Officer – Duncan Chell - who can be contacted on 9847 6822.

Duncan Chell

Chief Financial Officer

Corporate Support Division

Glen Magus

Director - Corporate Support

Corporate Support Division

Attachments:

1.	HSC Investments Summary Report February 2023
2.	HSC Borrowings Schedule February 2023

File Reference: F2004/06987-02

Document Number: D08602004

Director's Report No. CE1/23

Community and Environment Division

Date of Meeting: 12/04/2023

4 HORNSBY ABORIGINAL & TORRES STRAIT ISLANDER CONSULTATIVE COMMITTEE MEMBERSHIP UPDATE

EXECUTIVE SUMMARY

· The Hornsby Aboriginal and Torres Strait Islander Consultative Committee (HATSICC) was established to provide a vital link between Council and the Aboriginal & Torres Strait Islander peoples; to ensure community empowerment; to provide advice; feedback and to increase knowledge and understanding of Aboriginal & Torres Strait Islander culture and society.

· At the Council meeting on 10August 2022 Council endorsed the recommendation of Director’s Report No. CE13/22, Hornsby Aboriginal & Torres Strait Islander Consultative Committee Membership that Council appoint 14 voluntary community members of the Hornsby Aboriginal & Torres Strait Islander Consultative Committee for the current term of Council.

· Since the inception of the current committee Council has received the resignation of 3 (three) community members, Dr. Annette Salt, Dorothy Babb and Francis Cappellazzo.

· At an informal councillor workshop in March 2023, Councillors considered the vacancies that have arisen on HATSICC and options to address these vacancies. This included Dr. Michael Bennett who had been nominated by Hornsby Area Residents for Reconciliation (HARR) to replace Dr. Annette Salt as their representative on HATSICC.

· Councillor feedback was generally supportive of only filling the HARR vacancy on HATSICC at this point in time.

· It is recommended that Council endorse Dr. Michael Bennett as the HARR representative to HATSICC.

RECOMMENDATION

THAT Council endorse Dr. Michael Bennett as a member of the Hornsby Aboriginal and Torres Strait Islander Consultative Committee representing Hornsby Area Residents for Reconciliation.

PURPOSE

The purpose of this Report is to enable Council to note a number of resignations from the Hornsby Aboriginal and Torres Strait Island Consultative Committee and to consider options for replacement members to the Committee.

BACKGROUND

At the 10 August 2022 Ordinary Council considered Executive Manager’s Report No. CE13/22 Hornsby Aboriginal & Torres Strait Islander Consultative Committee Membership and resolved that:

1. Council appoints 14 voluntary community members of the Hornsby Aboriginal & Torres Strait Islander Consultative Committee for the current term of Council.

2. The 14 (fourteen) community members includes representatives of Hornsby’s Traditional Custodians, the Darug and GuriNgai peoples, Aboriginal & Torres Strait Islander peoples who live work, study, or have a strong commitment to the LGA or individuals or representatives of local community organisations with demonstrated commitment of issues relating to the local Aboriginal & Torres Islander peoples. This included 1 (one) nominated representative from the Hornsby Area Residents for Reconciliation as per the committee’s charter.

3. Since the inception of the current committee Council has received the resignation of 3 (three) community members, Dr. Annette Salt, Dorothy Babb and Francis Cappellazzo.

DISCUSSION

Expressions of interest for community members to HATSICC were originally placed during May/June 2022 in local newspapers and Council’s website, Facebook page and news. Emails were also sent to the recent past community members of HATSICC inviting them to renominate for the Committee.

At the conclusion of the advertising period, Council received a very strong response with 21 community nominations for the Committee.

In August 2022 Council agreed to appoint 14 community representatives from the 21 who applied. Since August, three (3) community members Dr. Annette Salt, Dorothy Babb and Francis Cappellazzo.

At an informal councillor workshop in March 2023, Councillor views were sought regarding the vacancies and various options to fill such were canvassed. This included Dr. Michael Bennett as HARR’s nominee to replace Dr. Annette Salt. A copy of Dr. Bennett’s CV is provided at Attachment 1.

Councillor feedback was generally supportive of only filling the HARR vacancy on HATSICC at this point in time.

It is recommended that Council endorse Dr. Bennett as a member of HATSICC representing HARR.

CONSULTATION

In the preparation of this Report an informal councillor workshop was conducted.

BUDGET

There are no budgetary implications associated with this Report.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

Three (3) vacancies for community representatives, inclusive of the designated HARR representative, have arisen on HATSICC.

HARR have nominated Dr. Michael Bennett to replace Dr. Annette Salt as their representative on HATSICC.

It is recommended that endorse Dr. Michael Bennett as a member of the Hornsby Aboriginal and Torres Strait Islander Consultative Committee.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager Community & Cultural Development – Neil Chippendale - who can be contacted on 9847 6523.

Cheryl Etheridge

Manager - Library and Community Services

Community and Environment Division

Stephen Fedorow

Director - Community and Environment

Community and Environment Division

Attachments:

Dr. Michael Bennett CV

File

Reference: F2005/01147-002

Document Number: D08586143

Director's Report No. PC7/23

Planning and Compliance Division

Date of Meeting: 12/04/2023

5 SYDNEY NORTH PLANNING PANEL AND HORNSBY LOCAL PLANNING PANEL - EXPERT AND COMMUNITY PANEL MEMBERS

EXECUTIVE SUMMARY

· Planning Panels were introduced by the State Government with the aim of ensuring the process for the assessment and determination of development applications (DAs) with a high corruption risk, sensitivity or strategic importance is transparent and accountable.

· Council has a role in determining the appointment of the expert and community representatives on the Hornsby Local Planning Panel (HLPP) and local members on the Sydney North Planning Panel (SNPP).

· In December 2022, changes to LPP Ministerial Directions and RPP Operational Procedures mandated Planning Panels be increased in size to a minimum of 15 experts and 4 community representatives in LPP pools and a minimum of 4 alternate council members on Regional Panels to be implemented by the end of April 2023.

RECOMMENDATION

THAT:

1. Council appoint Aiman Khan and Tony Jones as additional community representatives on the Hornsby Local Planning Panel for a period of up to three years to participate as part of a pool of community representatives to be rotated with one representative to attend each meeting.

3. Council appoint David White as a local member on the Sydney North Planning Panel for a period of up to three years.

4. The Planning Panels Secretariat at the Department of Planning and Environment be advised of Council’s resolution.

PURPOSE

The purpose of this report is to seek Council’s endorsement to appoint additional community and expert members on the Hornsby Local Planning Panel (HLPP) and the Sydney North Planning Panel (SNPP).

BACKGROUND

Under the Environmental Planning and Assessment Act 1979, local planning panels are mandatory for all councils in Sydney, Wollongong City, Central Coast Council and Wingecarribee Shire. The Hornsby Local Planning Panel was constituted by the then Planning Minister on 1 March 2018.

In December 2022, the Department of Planning and Environment announced a number of changes to the operation of Regional Planning Panels and Local Planning Panels. The changes are intended to reduce corruption risks and improve the decision making of the 36 LPPs and 9 Regional Planning Panels in New South Wales.

Changes to the operation of Regional Planning Panels include:

· Requiring RPP members to be rotated regularly so that there is randomisation of Panel membership.

· Requiring probity checks, including police checks, for community representatives on RPPs, and a statutory declaration that representatives are not property developers or real estate agents.

· Encouraging councils to appoint a minimum of 4 alternate council members that can sit on their relevant RPP.

· Appointing a minimum number of 60 experts in the pool for Sydney District and Regional Planning Panels.

Changes to the operation of Local Planning Panels include:

· Mandating a minimum number of experts in pools for LPPs (15).

· Mandating a minimum number of community representatives in LPP pools (4).

· Requiring LPP members to be rotated regularly so that there is randomisation of panel membership.

· Requiring probity checks, including police checks, for community representatives in LPPs, and a statutory declaration that representatives are not property developers or real estate agents.

· Clarifying that applicants can request to formally meet with LPPs to brief them on any project.

· Implementing a framework for the Department to induct LPP members.

Changes to the operation of the LPPs will come into effect on 24 April 2023.

To meet the operational requirements for Planning Panels, a minimum 1 additional community representative is required to be selected by Council from applicants through an expression of interest process and a minimum 8 additional expert members are required for the Hornsby Local Planning Panel. Experts are to be selected from a pool of more than 200 experts approved by the Minister Planning.

In addition, Council is required to appoint 1 additional alternate council member on the Sydney North Planning Panel.

DISCUSSION

This report recommends appointment of additional members on the HLPP and SNPP to meet the new operating requirements for the Panels.

Hornsby Local Planning Panel

Community Members

At the beginning of 2022, Council undertook an expression of interest process for the current community members on the Panels. In May 2022, interviews of a short list of preferred candidates were conducted by a working group of Councillors and Council officers with the current community representatives endorsed by Council at its meeting on 13 July 2022.

Additional community members may be selected from the previous list or by undertaking a further expression of interest process. The commencement of a new process to seek expressions of interest for community members raises difficulties in complying with the timeframe for new members to be nominated by the end of April 2023. Accordingly, it is appropriate that consideration be given to the selection of additional community representatives from those applicants who nominated through the expression of interest process in 2022.

At a workshop with Councillors on 15 February 2023, the advantages and disadvantages were outlined of appointing nominees as a pool of candidates to be rotated each meeting or, using the current Ward based approach with an alternative to attend in the circumstances a Ward representative cannot attend a meeting.

Councillors present at the workshop indicated a range of views and the majority of Councillors indicated their preference for a pool-based approach and to appoint Tony Jones and Aiman Khan as additional community panel members.

A summary of the recommended additional members and their background is provided below.

Tony Jones

· Resident of Galston for 30 years

· Treasurer, Galston Community Centre (26 years)

· Chairman and Founder - Hornsby Rural Areas Association (membership in excess of 200)

Aiman Khan

· Graphic Designer, photographer and local business owner

· Member of Hornsby Dawah Community Centre

· Resident of Normanhurst

Expert Panel Members

Council is required to select a minimum 8 additional expert members from a pool of over 200 experts approved by the Minister. A short list of potential technical representatives was selected from the list of candidates approved by the Minister. The short-listing process included consideration of candidates that have indicated an interest in the Hornsby Panel specifically and have planning experience including involvement in the development application process. Contact had also been made with candidates to confirm their availability however, in some instances, responses had not been received at the time of discussions with Councillors concerning the selection process.

Consultation has been undertaken with the current Panel Chairs and expert Panel members who generally agreed on recommended experts for the Hornsby Local Planning Panel as being Marjorie Ferguson, Gregory Flynn, Elizabeth Kinkade, Anthony Hudson, Larissa Ozog, Stephen Leathley, Heather Warton, Michael Leavey and John Brockhoff.

At a Councillor Workshop on 15 March 2023, Councillors were provided with an update on the process for the selection of additional candidates for expert and community member positions on the HLPP.

After discussion, Councillors generally agreed that, given the time constraints imposed by the Department of Planning to increase the size of Panels by the end of April 2023, there is limited opportunity for Councillors to interview the short-listed candidates. Accordingly, there was general agreement that the short list of candidates should be reported to Council to seek formal endorsement of the preferred list of expert panel members.

A summary of the recommended members and their background is provided below.

John Brockhoff	· Registered planner with 30 years’ experience · Bachelor of Science (Honours) (University of Sydney), Master of Environmental Planning · Planning Institute of Australia National Policy Manager (NSW & National) · Georges River Council Expert Panellist, Local Planning Panel · DPIE Alt. State Rep on Regional Panels across NSW
Marjorie Ferguson	· Fellow of the Planning Institute of Australia · Post Graduate Diploma in Urban & Regional · Expert member on the following Local Planning Panels, Burwood, Cumberland and Liverpool Councils · Greater Sydney Commission - Planning Advisor, October 2019 – April 2020 · Previous planning roles at Drummoyne, Holroyde and Canada Bay Councils
Gregory Flynn	· Grad. Dip. Environmental Studies – Macq.; B.Arts (Geography and Urb. and Regional Planning) – UNE · November 2018 - Present \| IDEP Consulting \| Principal Planner · Expert Panel Member – Central Coast Council LPP · Previous roles at the then RMS and numerous Councils
Anthony Hudson	· BSc in Applied Geography (Hons) 980 (UNSW); Bachelor of Law 1986 (UTS) · 34 years’ experience in local government, planning and environmental law · Chair of Canterbury Bankstown LPP 2018-current
Elizabeth Kinkade	· Planner with over 26 years’ experience · Bachelor of Town Planning UNSW; Current LLM student UNSW · Previous roles at the Department of Planning, Greater Sydney Commission (Acting CEO) · Chair of Hawkesbury, Cumberland and Hills LPPs
Stephen Leathley	· Planner with over 30 years’ experience · Bachelor of Urban and Regional Planning UNE; Master of Business Administration UNE · Panel member Gunnedah, Cessnock and Central Coast Regional Planning Panels · Current expert - Blue Mountains and Central Coast Councils Local Planning Panels
Michael Leavey	· Planner with over 30 years’ experience · Bachelor Town Planning (Hons) UNSW · Expert Panel Member Georges River Council, Ku-ring-gai and Ryde Council Local Planning Panels · 2016 - 2019 State Panel Member and Alternate Chair Hunter & Central Coast Regional Planning Panel · Previous roles at Department of Planning and Gosford, Leichhardt, Ryde and Penrith Councils
Larissa Ozog	· Bachelor of Town Planning UNSW; Master Project Management UNSW · Expert Panel Member – Cumberland, Canada Bay, Wingecarribee, Bayside & Wollongong City Councils Local Planning Panels · Previous roles at the Department of Planning and South Sydney and Randwick Councils
Heather Warton	· Bachelor of Town Planning (Hons) UNSW · Community Member, Inner West Planning Panel · Expert Member, The Hills and Randwick Local Planning Panels · State Appointed Member, Sydney South Regional Planning Panel Alternative for Western Regional Panel from January 2021 · Previous roles as Planning Director at Botany Council and various positions at the Department of Planning

It is recommended that the Planning Panels Secretariat at the Department of Planning and Environment be advised of all appointments to the Hornsby Local Planning Panel.

Sydney North Planning Panel

Council is required to appoint 1 additional member on the SNPP to provide a minimum of 4 alternate council members.

At a workshop on 15 February 2023, Councillors discussed additional community representatives based upon those applicants who nominated through the expression of interest conducted by Council in 2022.

It is recommended that David White be nominated as the additional community panel member. A summary of the background and relevant experience of the recommended member is provided below.

David White

· Registered Architect since 1981

· Resident of Hornsby Shire since 1985

· Technical Representative on the Hornsby Council Heritage Advisory Committee

· Previous member of the Sydney North Joint Regional Planning Panel

· Current member of the Hornsby Local Planning Panel

It is recommended that the Planning Panels Secretariat at the Department of Planning and Environment be advised of the additional appointment to the Regional Planning Panel.

PROBITY CHECKS

Probity checks are required for all panel members. Council must arrange probity checks for community representatives. These checks should include at a minimum:

· Public register of real estate agents check.

· Bankruptcy record check.

· National Police check (ACIC).

Council has engaged The PRM Group & PharmacyID to undertake probity checks on all community nominees. The appointment of the nominees to the Planning Panels will be subject to applicants satisfying the criteria of the probity check. It is anticipated that the probity checks will be completed prior to the Council meeting.

BUDGET

There are no additional budgetary implications. The Minister has made a remuneration determination setting minimum per meeting rates for panel members. The cost of the operation of the Panels is covered by the Planning and Compliance Division Budget.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

To meet the new operational requirements for Planning Panels to increase the size of community and expert pools, it is recommended that Council endorse 2 additional community members and 9 additional experts to the Hornsby Shire LPP for up to 3 years. It is also recommended that Council endorse an additional local member for appointment to the SNPP.

Council should write to the Minister of Planning advising of the appointment of new local members on the Sydney North Planning Panel and community and expert members of the Hornsby Council Local Planning Panel.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager Development Assessments Team - Rod Pickles who can be contacted on 9847 6731.

James Farrington

Director - Planning and Compliance

Planning and Compliance Division

Attachments:

There are no attachments for this report.

File Reference: F2017/00294#003

Document Number: D08612906