MINUTES OF General Meeting

Held at Council Chambers, HORNSBY

on Wednesday 11 October 2023

at 6:30PM

Acknowledgement of Country

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

PRESENT

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

NATIONAL ANTHEM

OPENING PRAYER

Pastor Andrew Starr from Viva Church, Hornsby 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

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 WADDELL declared a Less Than Significant Non-Pecuniary Interest in relation to Item 8 – PC24/23 Report on Submissions - Agritourism Development Control Plan Amendments. Refer to that item for details.

confirmation of minutes

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

THAT the Minutes of the General Meeting held on Wednesday 13 September 2023 be confirmed, a copy having been distributed to all Councillors.

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

AGAINST:        Nil

petitionS

Nil

presentations

Nil

Rescission Motions

1                 RM1/23       Motion to Alter a Resolution – 13 September 2023 General Meeting – Director's Report No. CS50/23 - Local Government NSW - 2023 Annual Conference - Submission of Motions and Determination of Voting Delegates

(F2023/00175)

Mrs Penny Graham, of Hornsby provided a submission to Council regarding this item.

MOVED ON THE MOTION OF COUNCILLOR BALL, seconded by COUNCILLOR SALITRA,

THAT point 1. of the resolution adopted at the General Meeting held on 13 September 2023 in respect of Item 4. - CS50/23 - Local Government NSW - 2023 Annual Conference - Submission of Motions and Determination of Voting Delegates namely: 

"THAT:

1.         No motions be submitted for consideration at the 2023 Local Government NSW (LGNSW) Annual Conference."

be, and is hereby altered.

THE MOTION MOVED BY COUNCILLOR BALL seconded by COUNCILLOR SALITRA WAS PUT AND LOST.

FOR:                Councillors Ball, Heyde and Salitra

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

Mayoral Minutes

2                 MM9/23       The Passing of Cate Newman

(F2004/05878)

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

THAT Council offer its sincere condolences to the family and friends of Ms Cate Newman whose contribution to the community was significant.

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

AGAINST:        Nil

3                 MM10/23     The Passing of Jenifer Lewis

(F2004/05878)

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

THAT Council offer its sincere condolences to family and friends of Ms Jenifer Lewis whose contribution to the community was significant.

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

AGAINST:        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.

Item 8 was withdrawn for discussion.

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

THAT the recommendations in respect of items 4, 5, 6, 7, 9 and 10 be adopted.

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

AGAINST:        Nil

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

Note: Item 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 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

Nil

Corporate Support Division

4                 CS55/23      Pecuniary Interest and Other Matters Returns - Disclosures by Councillors and Designated Persons

(F2022/00265)

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

THAT Council note the Written Returns of Interest recently lodged with the General Manager by Councillors and Designated Staff have been tabled as required by the Local Government Act and Councils Code of Conduct.

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

AGAINST:        Nil

5                 CS66/23      Investments and Borrowings For 2023/2024 - Status for the Period Ending 31 August 2023

(F2004/06987-02)

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

THAT the contents of Director’s Report No. CS66/23 be received and noted.

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

AGAINST:        Nil

6                 CS68/23      Councillor Numbers - Section 224 of the Local Government Act

(F2023/00011)

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

THAT in accordance with Section 224 of the Local Government Act, Council determine that the number of Councillors for the next term of office remain at 10 (one of whom is the Mayor).

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

AGAINST:        Nil

Community and Environment Division

7                 CE12/23      Council Managed Crown Land - Operational Land

(F2020/00240)

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

THAT Council:

1.         Endorse the Operational Land classification for the six sites, as shown in Attachment 1 of Late Item Memo No. LM9/23.

2.         Request approval from the Minister administering the Crown Land Management Act to accept the proposed classification of operational land for the six sites, as shown in Attachment 1 of Late Item Memo No. LM9/23.

3.         Authorise the General Manager to approve the provision of any documentation required to support Council’s proposed operational land classification.

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

AGAINST:        Nil

Planning and Compliance Division

8                 PC24/23      Report on Submissions - Agritourism Development Control Plan Amendments

(F2018/00162#04-002)

Note: COUNCILLOR WADDELL declared a Less Than Significant Non-Pecuniary Interest in this item under Clause 5.11 of Council’s Code of Conduct for Councillors (see Declarations of Interest in these Minutes). The nature of interest was stated by COUNCILLOR WADDELL on the Declaration of Interest form as: “I am a resident of Galston and trading in Agri-business/tourism sector”. and the explanation of why the interest does not require further action in the circumstances was “The proposed changes are state initiated controls with Local DLP consequences that do not uniquely benefit my business”.

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

THAT:

1.         Council approve the draft Agritourism amendments to the Hornsby Development Control Plan 2013, as attached to Director’s Report No. PC24/23.

2.         Notification of the approval of the amendments be published on Council’s website.

3.         Submitters be advise of Council’s decision.

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

AGAINST:        Nil

9                 PC25/23      Electric Vehicle Charging - Draft Development Control Plan Amendments

(F2021/00318)

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

THAT:

1.         The draft Electric Vehicle Charging Hornsby Development Control Plan amendments attached to Director’s Report No. PC25/23 be placed on public exhibition for a period for 28 days in accordance with Council’s Community Engagement Plan.

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               PC26/23      Draft Seniors Housing Development Control Plan Amendments

(F2004/09011)

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

THAT:

1.         The draft Development Control Plan amendments for Seniors Housing in Heritage Conservation Areas attached to Director’s Report No. PC26/23 be exhibited for a period of 28 days and in accordance with Council’s Community Engagement Plan.

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

3.         Council write to the Minister for Planning and Public Spaces reiterating its request for a permanent exclusion from the application of the seniors housing provision of the Housing SEPP in Heritage Conservation Areas.

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 Martin Pluss, of Pennant Hills addressed Council to offer his thanks in relation to Hornsby Shire Council facilities such as the Aquatic Centre.

Questions with Notice

Nil

Mayor's Notes

11               MN11/23     Mayor's Notes 01 September 2023 to 30 September 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.

Saturday 2^nd September 2023 – The Mayor attended the 2023 Ku-ring-gai Netball Association Grand Finals, South Turramurra.

Tuesday 5^th September 2023 – The Mayor attended Pacific Hills Christian School, Dural.

Wednesday 6^th September 2023 - The Mayor hosted four Citizenship Ceremonies in the Council Chambers at Hornsby Shire Council, Hornsby.

Friday 8^th September 2023 – The Mayor attended the new Probus Club meeting, Beecroft.

Saturday 9^th September 2023 – The Mayor attended the 2023 Hills District Netball Association Grand Final, Pennant Hills.

Saturday 9^th September 2023 – The Mayor attended the Northholm Evening Fundraiser, at Northholm Grammar School, Fiddletown.

Monday 11^th September 2023 – The Mayor attended the Catholic Schools of Broken Bay Public Speaking Competition, at St Patrick’s School hall, Asquith.

Tuesday 12th September 2023 – The Mayor attended a Community Pitch evening, at Magpies, Waitara.

Wednesday 13^th September 2023 – The Mayor attended a LinC Church Services Network morning tea, at St Johns Anglican Church, Asquith.

Thursday 14^th September 2023 – The Mayor attended a RUOK stall run by Mens Shed, at Westleigh Village.

Thursday 14^th September 2023 – The Mayor attended CASS Hornsby Activity Group Moon Festival Celebration at the Hornsby Youth and Family Community Centre, Hornsby.

Thursday 14^th September 2023 – The Mayor attended Hornsby North Public School Parents and Citizens’ event to Farewell Maree Sumpton, at Hornsby North Public School, Hornsby North.

Friday 15^th September 2023 – The Mayor attended the Lions Club Charter 65^th Anniversary, at Hornsby RSL, Hornsby.

Friday 15^th September 2023 – The Mayor attended the general meeting of the Hornsby-Berowra YL Branch, at Blue Gum Hotel, Waitara.

Saturday 16^th September 2023 – On behalf of the Mayor, Deputy Mayor, Councillor Waddell attended Go for Broke – Ride to beat depression, at Berowra Christian School, Berowra.

Sunday 17^th September 2023 – The Mayor attended Castle Hill RSL Dolphins Swimming Club Presentation, at the Hornsby RSL, Hornsby.

Monday 18^th September 2023 – The Mayor attended Live Well and Learn Hornsby Region Dementia Community Forum, at Hornsby Central Library, Hornsby.

Tuesday 19^th September 2023 – The Mayor attended a Dementia Week 2023 Riverboat Postman Cruise with Hello Hornsby, Brooklyn.

Wednesday 20^th September 2023 - The Mayor hosted four Citizenship Ceremonies in the Council Chambers at Hornsby Shire Council, Hornsby.

Thursday 21^st September 2023 – The Mayor attended a photo opportunity to celebrate community connections in partnership with Lifeline, at Hornsby Library, Hornsby.

Thursday 21^st September 2023 – The Mayor attended Asquith Girls High School year 12 Graduation 2023, at Asquith Girls High School, Asquith.

Friday 22^nd September 2023 – The Mayor attended the 16^th Annual Hornsby Ku-ring-gai Community College Art Exhibition, Hornsby.

Saturday 23^rd September 2023 – The Mayor attended Berowra Royal Fire Brigade’s 80^th Anniversary, at Club Berowra, Berowra.

Sunday 24^th September 2023 – The Mayor attended the Mateship Fair, at Castle Hill Showground, Castle Hill.

Tuesday 26^th September 2023 – The Mayor attended Ku-Ring-Gai Police Area Command Awards Ceremony, at Asquith Rugby Leagues Club, Waitara.

Friday 29^th September 2023 – The Mayor attended the Commonwealth Home Support Programme Thornleigh group at Thornleigh Hillcrest Uniting Church Hall, Thornleigh.

Saturday 30^th September 2023 – The Mayor attended a Sustainable Futures Day at St Ives Village Green, St Ives.

Saturday 30^th September 2023 – The Mayor attended HSC High Achievers Awards and Luncheon for Senior Citizens, located at Thornleigh Community Centre, Thornleigh.

CALLED OVER AND NOTED

Notices of Motion

Nil

MATTERS OF URGENCY

Nil

THE MEETING concluded at 7.02pm.

These Minutes were confirmed at the meeting held on Wednesday 8 November 2023, at which meeting the signature hereunder was subscribed.

CONFIRMED                   CHAIRMAN

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