MINUTES OF General Meeting

Held at Council Chambers, HORNSBY

on Wednesday 14 June 2023

at 6:30PM

WELCOME TO Country

A Welcome to Country was given by the Darug and GuriNgai Traditional Owner representative, Uncle Laurie Bimson.

PRESENT

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

Note:  Councillor Heyde arrived at 6.46pm during discussion of Item 1, she was not present for Apologies/Leave of Absence and or Attend Remotely, Declarations of Interest, Confirmation of Minutes, Petitions and consideration of Items Passed by Exception/Call for Speakers on Agenda Items.

NATIONAL ANTHEM

OPENING PRAYER

The General Manager 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."

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 AND OR ATTEND REMOTELY

RESOLVED ON THE MOTION OF COUNCILLOR Pillamarri, seconded by COUNCILLOR McClelland,

THAT the request to attend the General Meeting on 14 June 2023 remotely from Councillor Greenwood due to travel commitments be granted.

FOR:                Councillors Ball, Greenwood, 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 2 – GM24/23 – Westleigh Park – Outcomes Report Revised Draft Master Plan and Draft Plan of Management/Results of Public Exhibition. Refer to that Item for details.

confirmation of minutes

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

THAT the Minutes of the General Meeting held on Wednesday 10 May 2023 be confirmed, a copy having been distributed to all Councillors.

FOR:                Councillors Ball, Greenwood, 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 1, 2, 7, 8, 9, 10 and 12 were withdrawn for discussion.

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

THAT the recommendations in respect of items 3, 4, 5 and 6 be adopted.

FOR:                Councillors Ball, Greenwood, 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 11 was called over and noted.

Note: Persons wishing to address Council on matters which were on the Agenda were permitted to address Council or provide a submission prior to the item being discussed. The names of all speakers are recorded in the Minutes in respect of the particular item.

Note: Persons wishing to address Council on Non Agenda items were permitted to speak after all items on the Agenda in respect of which there was a speaker from the public were finalised by Council. Their names are recorded in the Minutes under the heading “Public Forum – Non Agenda Items”.

GENERAL BUSINESS

Office of the General Manager

1                 GM22/23     1 and 3 Johnson Road, Galston - Development Feasibility Analysis

(F2022/00307)

Ms Jan Primrose, on behalf of Protecting Your Suburban Environment Inc. addressed Council regarding this item.

Mr John Inshaw, on behalf of Galston Area Residents’ Association Inc. addressed Council regarding this item.

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

THAT:

1.         Council receive and note the outcome of the feasibility analysis for 1 and 3 Johnson Road, Galston.

2.         Council prepare a Planning Proposal to rezone its land at 1 and 3 Johnson Road, Galston to E4 General Industrial Zone.

3.         Prior to lodgement, the draft Planning Proposal be circulated to Councillors and be the subject of a Councillor Briefing.

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

AGAINST:        Nil

2                 GM24/23     Westleigh Park - Outcomes Report Revised Draft Master Plan and Draft Plan of Management / Results of Public Exhibition

(F2016/00186-002)

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 “The Item includes consideration of Council sanctioned mountain bike tracks at Westleigh. I am a regular mountain biker.” And the explanation of why the interest does not require further action in the circumstances was “I do not ride the currently unsanctioned mountain bike tracks at Westleigh and nor am I a member of any mountain bike groups/associations. Being a mountain biker will not prevent me from considering Item 2 in a neutral and objective way”.

Mr Geoff Knowles, on behalf of Westleigh Waterboard Alliance addressed Council regarding this item.

Mr David Martin, on behalf of Hornsby Conversation Society addressed Council regarding this item.

Ms Melissa Sedgwick, of West Pennant Hills addressed Council regarding this item.

Ms Larissa Pasternatsky, of Westleigh addressed Council regarding this item.

Mrs Katrina Emmett, of Galston addressed Council regarding this item.

Mr Lance Callaghan, of Thornleigh addressed Council regarding this item.

Ms Jan Primrose, on behalf of Protecting Your Suburban Environment Inc. addressed Council regarding this item.

Mr Michael Gyler, of Westleigh addressed Council regarding this item.

Mr Dan Smith, on behalf of Sydney North Off Road MTB Club (SNORC) addressed Council regarding this item.

Mr Phil Newman, of Westleigh addressed Council regarding this item.

Mr John Inshaw, on behalf of Galston Area Residents’ Association Inc. addressed Council regarding this item.

Ms Karen Benhar, on behalf of Friends of Berowra Valley Inc. addressed Council regarding this item.

Ms Elayne Storc, of Roseville addressed Council regarding this item.

Mr Matthew Geracitano, on behalf of North West Sydney Football addressed Council regarding this item.

Mrs Robyn Walker, on behalf of Westleigh Mountain Bike Community addressed Council regarding this item.

Mr Michael Marr, of Berowra Heights addressed Council regarding this item.

Mr Peter Hitchiner, of Westleigh addressed Council regarding this item.

Mrs Dana Logiudice, on behalf of Westleigh Progress Association addressed Council regarding this item.

Mr Matthew Garnon, on behalf of Northern Sydney Cycling Club addressed Council regarding this item.

Mr Peter Beaumont, on behalf of AusCycling’s NSW State Advisory Committee addressed Council regarding this item.

Mr Rod Rusten, of Westleigh addressed Council regarding this item.

Ms Lucy Bal, of Hornsby addressed Council regarding this item.

Mr Martin Dargan, on behalf of Westleigh Waterboard Alliance provided a submission to Council regarding this item.

Mrs Kathryn Herbert, of Westleigh provided a submission to Council regarding this item.

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

THAT Council:

1.         Adopt the draft Westleigh Park Master Plan included at Attachment 1 to General Manager’s Report No. GM24/23.

2.         Adopt the draft Westleigh Park Plan of Management included at Attachment 2 to General Manager’s Report No. GM24/23.

3.         Note work to prepare a development application for Westleigh Park continues to progress with an anticipated lodgement prior to the end of 2023.

4.         Write to the Office of Local Government to inform of the adoption of the Master Plan and Plan of Management.

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

THAT:

1. Subject to:

a) The removal of all mountain bike trails from the Sydney Turpentine Ironbark Forest and Duffy’s Forest areas of the site.

b) The retention of the Scar Tree in its current location on the northern platform.

c) The use of natural turf only on sports fields.

Council adopt the draft Westleigh Park Master Plan included at Attachment 1 to General Manager’s Report No. GM24/23.

2. Subject to the items identified in Point 1 above, Council adopt the draft Westleigh Park Plan of Management included at Attachment 2 to General Manager’s Report No. GM24/23.

3. Council note work to prepare a development application for Westleigh Park continues to progress with an anticipated lodgement prior to the end of 2023.

4. Council write to the Office of Local Government to inform of the adoption of the Master Plan and Plan of Management.

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

FOR:                Councillors Ball, Heyde and Salitra

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

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

FOR:                Councillors Greenwood, McClelland, McIntosh, Pillamarri, Ruddock, Tilbury and Waddell

AGAINST:        Councillors Ball, Heyde and Salitra

Corporate Support Division

3                 CS26/23      Investments and Borrowings for 2022/23 - Status for Period Ending 30 April 2023

(F2004/06987-02)

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

THAT the contents of Director’s Report No. CS26/23 be received and noted.

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

AGAINST:        Nil

4                 CS30/23      Local Government Remuneration Tribunal - 2023 Report and Determination - Mayor and Councillor Fees - 2023/24 Financial Year

(F2004/09552-02)

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

THAT:

1.         As a consequence of the 2023 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 2023 to 30 June 2024.

2.         In accordance with Sections 248 and 249 of the Local Government Act and having considered the 2023 Report and Determination of the Local Government Remuneration Tribunal, an annual fee of $27,650 be paid to each Councillor and an additional annual fee of $73,440 be paid to the Mayor for the period 1 July 2023 to 30 June 2024.

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

AGAINST:        Nil

5                 CS33/23      Debts to be Written Off - 2022/23 Financial Year

(F2004/06978-02)

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

THAT for 2022/23, and in accordance with Clause 213 of the Local Government (General) Regulation, Council:

1.         Write off debts considered bad totalling $27,408 (as detailed in Schedule A attached to Director’s Report No. CS40/22).

2.         Note debts considered bad totalling $4,708 written off under the General Manager’s delegated authority (as detailed in Schedule B attached to Director’s Report No. CS40/22).

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

AGAINST:        Nil

Community and Environment Division

6                 CE2/23        NSROC - Northern Sydney Regional Waste Strategy

(F2018/00082)

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

THAT Council receive and note the Northern Sydney Regional Waste Strategy 2022 included at Attachment 1 to Director’s Report No. CE2/23.

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

AGAINST:        Nil

7                 CE3/23        Beecroft Village Green Master Plan

(F2022/00306)

Ms Jan Primrose, on behalf of Protecting Your Suburban Environment Inc. addressed Council regarding this item.

Mrs Trish Brown, on behalf of Byles Creek Valley Union Inc. addressed Council regarding this item.

RESOLVED ON THE MOTION OF COUNCILLOR GREENWOOD, seconded by COUNCILLOR PILLAMARRI,

THAT:

1          Council adopt the Beecroft Village Green Master Plan included as Attachment 2 to Director’s Report No. CE3/23.

2          Submitters be advised of Council’s decision.

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

AGAINST:        Councillor Salitra

Planning and Compliance Division

8                 PC11/23      Aboriginal Heritage Study

(F2020/00185#02)

Ms Karen Benhar, on behalf of Friends of Berowra Valley Inc. addressed Council regarding this item.

Ms Jan Primrose, on behalf of Protecting Your Suburban Environment Inc. addressed Council regarding this item.

Mr Martin Pluss, of Pennant Hills addressed Council regarding this item.

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

THAT:

1.         The draft Aboriginal Heritage Study attached to Director’s Report No. PC11/23 be placed on public exhibition for a period of at least 28 days.

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

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

AGAINST:        Nil

9                 PC12/23      Heritage Interpretation Strategy and Action Plan

(F2020/00185#010)

Ms Jan Primrose, on behalf of Protecting Your Suburban Environment Inc. addressed Council regarding this item.

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

THAT:

1.         The draft Heritage Interpretation Strategy and Action Plan attached to Director’s Report No. PC12/23 be placed on public exhibition for a period of at least 28 days.

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

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

AGAINST:        Nil

10               PC13/23      Draft Agritourism Development Control Plan Amendments

(F2018/00162#04-002)

Ms Jan Primrose, on behalf of Protecting Your Suburban Environment Inc. addressed Council regarding this item.

Mr John Inshaw, on behalf of Galston Area Residents’ Association Inc. addressed Council regarding this item.

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

THAT:

1.           Amendments to the Hornsby Development Control Plan 2013 attached to Director’s Report No. PC13/23 be placed on public exhibition for a period of 28 days.

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

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

AGAINST:        Nil

Infrastructure and Major Projects Division

Nil

PUBLIC FORUM – NON AGENDA ITEMS

Mr IIan (Alan) Weihart, of Hornsby addressed Council regarding the Hornsby Town Centre Masterplan.

Ms Jan Primrose, on behalf of Protecting Your Suburban Environment Inc. addressed Council regarding a Natural Turf Alliance (NTA) report on synthetic turf and the health and environmental impacts.

Mayor's Notes

11               MN7/23       Mayor's Notes 01 May 2023 to 31 May 2023

(F2004/07053)

Note:  These are the functions that the Mayor, or his representative, has attended in addition to the normal Council Meetings, Workshops, Mayoral Interviews and other Council Committee Meetings.

Wednesday 3^rd May 2023 – The Mayor hosted four Citizenship Ceremonies in the Council Chambers at Hornsby Shire Council in Hornsby.

Thursday 4^th May 2023 - The Mayor attended Pacific Hills Christian School Musical – “The Sound of Music” at Pacific Hills Christian School, Dural.

Saturday 6^th May 2023 – The Mayor attended Community Planting Event at Reddy Park, Hornsby.

Saturday 6^th May 2023 – The Mayor attended the Kings Coronation Lunch at Fagan Park, Galston.

Monday 8^th May 2023 – The Mayor attended the Hornsby Multicultural Expo (CASS) at The Gallery, Hornsby TAFE, Hornsby.

Wednesday 10^th May 2023 – The Mayor attended the NSW Rural Fire Service (RFS) Risk Management Briefing in the Federation Room Hornsby Shire Council, Hornsby.

Saturday 13^th May 2023 – The Mayor attended Mother’s Day Celebration at Cherrybrook Community and Cultural Centre, Cherrybrook.

Saturday 13^th May 2023 – The Mayor attended Northholm Grammar’s 40^th Birthday Celebration at The Epping Club, Epping.

Tuesday 16^th May 2023 – The Mayor attended a ‘Working Lunch’ for National Volunteer Week at Hornsby RSL Club, Hornsby.

Wednesday 17^th May 2023 – The Mayor hosted four Citizenship Ceremonies in the Council Chambers at Hornsby Shire Council, Hornsby.

Thursday 18^th May 2023 – The Mayor attended Australia’s Biggest Morning Tea at The Roseville Club.

Friday 19^th May 2023 – The Mayor attended a photo opportunity with the Member for Bennelong, Mr Jerome Laxale MP, for North Epping Community Battery at North Epping Oval, North Epping.

Friday 19^th May 2023 – The Mayor attended Remagine Art Prize Opening Night at Wallarobba Arts and Cultural Centre, Hornsby.

Sunday 21^st May 2023 – The Mayor attended Charlie Chech’s Ratpack Revival, at Hornsby RSL Club, Hornsby.

Thursday 25^th May 2023 – The Mayor attended a Bishop’s Breakfast, Most Rev Anthony Randazzo DD JCL Bishop of Broken Bay at The Epping Club, Epping. 

CALLED OVER AND NOTED

Notices of Motion

12               NOM5/23    Community Input into Council Decision Making

(F2018/00308)

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

THAT Notice of Motion No. NOM5/23 – Community Input into Council Decision Making be withdrawn and not be further considered by Council.

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

AGAINST:        Nil

MATTERS OF URGENCY

Nil

THE MEETING concluded at 9.26pm.

These Minutes were confirmed at the meeting held on Wednesday 12 July 2023, at which meeting the signature hereunder was subscribed.

CONFIRMED                   CHAIRMAN

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