Minutes of General Meeting - Wednesday, 8 November 2023

MINUTES OF General Meeting

Held at Council Chambers, HORNSBY

on Wednesday 8 November 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, Heyde, McClelland, McIntosh, Pillamarri, Salitra, Tilbury and Waddell.

NATIONAL ANTHEM

OPENING PRAYER

Father Wayoyi of St Agatha’s Catholic Church, Pennant Hills 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 5 – CS72/23 - 2023/24 Budget - September 2023 Quarter Review. Refer to that item for details.

confirmation of minutes

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

THAT the Minutes of the General Meeting held on Wednesday 11 October 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

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 4, 5, 6, 8 and 9 were withdrawn for discussion.

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

THAT the recommendations in respect of items 1, 2, 3, 7 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

1 GM44/23 Hornsby Shire Council 2022-2023 Annual Report

(F2022/00059)

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

THAT the:

1. Hornsby Shire Council 2022-2023 Annual Report be endorsed.

2. Annual Report be supplemented by Council’s 2022/23 Audited Financial Statements once they are “presented to the public” at the 8 November 2023 General Meeting (Director’s Report No. CS71/23).

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

AGAINST: Nil

2 GM52/23 Temporary Suspension of Alcohol Free Zone in Coronation Street Carparks

(F2021/00008)

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

THAT Council:

1. Temporarily suspend the Alcohol-Free Zone in the Coronation Street Carparks (1-3 Coronation Street, Beattie Lane and rear of 1-5 Jersey Street Hornsby) within the Hornsby Town Centre Alcohol Free Zone from 12:00pm to 10pm on 1 December 2023 to accommodate a licensed bar as part of the Coronation StrEat! opening event pursuant to the Ministerial Guidelines on Alcohol-Free Zones.

2. Publish a notice of suspension and temporarily remove signage as required under section 645 (1) and (3) of the Ministerial Guidelines on Alcohol-Free Zones.

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

AGAINST: Nil

Corporate Support Division

3 CS69/23 Investments and Borrowings for 2023/2024 - Status for the Period Ending 30 September 2023

(F2004/06987-02)

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

THAT the contents of Director’s Report No. CS69/23 be received and noted.

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

AGAINST: Nil

4 CS71/23 2022/23 Audited Financial Statements - Presentation to the Public

(F2023/00141)

Ms Karen Taylor, on behalf of the Audit Office of NSW made a presentation in respect of Council’s 2022/23 Audited Financial Statements.

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

THAT the 2022/23 General Purpose Financial Statements and associated Auditor's Report, as presented to the public on 8 November 2023, be adopted.

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

AGAINST: Nil

5 CS72/23 2023/24 Budget - September 2023 Quarter Review

(F2023/00012)

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: “Resident and business owner in Galston, part of the rural area” and the explanation of why the interest does not require further action in the circumstances was “The item is a study with no defined detail that would impact either way”.

Dr Mariko Smith, on behalf of Hornsby Aboriginal and Torres Strait Islander Consultative Committee (HATSIC) addressed Council regarding this item.

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

THAT:

1. The September 2023 Quarter Review of the Operational Plan (Budget) for 2023/24 be received and noted.

2. Council allocate funds in the 2023/24 Budget to progress Vegetation Mapping; Aboriginal Engagement Strategy/Reconciliation Action Plan including a fixed term, identified Aboriginal or Torres Strait Islander position; and Rural Lands Study as outlined in the Discussion Section of Director’s Report No. CS72/23.

3. Council progress the preparation of Plans (Drawings) for Toilets and Amenities at Tom Richmond Oval, Brooklyn, and note that preparing Plans would enable Council and user groups to seek new external grants in the future to assist in the delivery of these facilities.

4. As part of developing a prioritisation framework to inform public amenity renewals and upgrades, officers be requested to assess strategic locations that currently do not have permanent facilities where the provision of such facilities would demonstrably support increased community use.

5. Council respond to the various sporting and community groups that have recently written to Council regarding Tom Richmond Oval informing them of Points 3 and 4 above.

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

THAT:

1. The September 2023 Quarter Review of the Operational Plan (Budget) for 2023/24 be received and noted.

5. Council respond to the various sporting and community groups that have recently written to Council regarding Tom Richmond Oval informing them of Points 3 and 4 above.

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

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

AGAINST: Councillors Heyde and Salitra

Community and Environment Division

6 CE14/23 Community Event Grants Program

(F2010/00630)

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

THAT Council:

1. Allocate funding from its Community Events Grants Program as follows:

a) $3,000 to the Russian Community Group for a Christmas Celebration.

b) $3,000 to the Hornsby Swim Club for a 60^th Anniversary Meet.

2. Advertise an additional Place Activation funding round.

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

AGAINST: Nil

7 CE15/23 Provision of Owners Consent - Mark Taylor Oval Pavilion Development Application

(F2020/00320)

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

THAT:

1. Council provide owner’s consent for the Northern District Cricket Club to lodge a Development Application for the demolition and reconstruction of the 1990’s pavilion addition.

2. Pending receipt of development approval and prior to the commencement of construction work, an informal workshop be held confirming scope of work and budget availability to ensure works are able to be delivered within the remaining grant funding, and progress regarding the development of a new licence agreement for the Northern District Cricket Club for use of the pavilion facilities.

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

AGAINST: Nil

Planning and Compliance Division

8 PC23/23 Draft Hornsby Town Centre Masterplan - Report on Submissions

(F2018/00321-003)

Mr Murray Byrnes, of Hornsby addressed Council regarding this item.

Mr Janesh Senaderra, of Thornleigh addressed Council regarding this item.

Mr Carlo Di Giulio, on behalf of GYDE Consulting addressed Council regarding this item.

Ms Jenny Ross, on behalf of the Sydney Alliance, Hornsby Local Team addressed Council regarding this item.

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

THAT:

1. Council adopt the Hornsby Town Centre Masterplan attached to Late Item Information Memo No. LM12/23 incorporating the following amendments:

· A lower non-residential floor space requirement of 0.5:1 on all sites within the Central North and Central Heart Precincts.

· A maximum building height of up to 36 storeys for the western portions on the Westfield Hornsby site, with a tapering of building heights of between 12-15 storeys in the eastern portions of the Retail Core Precinct.

· Maximum building heights along the rail corridor from 21 to 18, and 16 storeys north of Burdett Street.

· Minimum podium level setbacks of 9 metres for any proposed redevelopment along Hunter Street.

· Minor changes to precinct boundaries and the Hornsby RSL site for clarity and accuracy.

2. Council write to the Minister for Planning and Public Spaces seeking a commitment to assist the implementation, funding and delivery of the Masterplan, noting coordination of State services is required to accommodate the anticipated growth.

3. Supporting documentation, including Development Controls, Infrastructure Funding Strategy, Local Contribution Plan, and a Public Domain Plan be prepared and reported to Council at a future meeting.

4. Submitters be advised of Council’s decision.

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

AGAINST: Nil

9 PC27/23 Report on Submissions - Byles Creek Planning Proposal

(PP/4/2022)

Mr David Jarred, of Beecroft addressed Council regarding this item.

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

Mr Joel Pennington, of Beecroft addressed Council regarding this item.

Ms Isabella Nimmo, on behalf of the Beecroft Football Club addressed Council regarding this item.

Mr Ross Walker, on behalf of Beecroft Cheltenham Civic Trust provided a submission to Council regarding this item.

Ms Robyn Smith, of Beecroft provided a submission to Council regarding this item.

Mrs Ana Warnecke, of Cheltenham provided a submission to Council regarding this item.

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

THAT:

1. Council endorse the Byles Creek Planning Proposal as exhibited (attached to Director’s Report No. PC27/23) and submit it to the Department of Planning and Environment for finalisation to amend the Hornsby Local Environmental Plan 2013.

2. Council approve the Hornsby Development Control Plan 2013 amendments (attached to Director’s Report No. PC27/23) to come into force upon finalisation of the Planning Proposal.

3. Submitters be advised of Council’s decision.

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

AGAINST: Nil

10 PC28/23 Report on Submissions - Heritage Interpretation Strategy

(F2020/00185)

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

THAT:

1. Council endorse the Heritage Interpretation Strategy attached to Director’s Report No. PC28/23.

2. Submitters be advised of Council’s decision.

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

Mrs Susan Owen of Wahroonga addressed Council regarding nature strip maintenance and drainage in Ingalara Avenue, Wahroonga.

Questions with Notice

Nil

Mayor's Notes

11 MN12/23 Mayors Notes 01 October 2023 to 31 October 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 4^th October 2023 - The Mayor hosted four Citizenship Ceremonies in the Council Chambers at Hornsby Shire Council, Hornsby.

Thursday 5^th October 2023 – The Mayor attended a photo shoot to celebrate the Thornleigh Brickpit’s 20^th Birthday, at Thornleigh Brickpit Stadium, Thornleigh.

Saturday 7^th October 2023 – The Mayor attended the Centenary Celebration of Superb Tennis, at Mills Park Tennis Centre, Asquith.

Saturday 7^th October 2023 – The Mayor attended the 100^th Anniversary of Northwest Sydney Tennis and Eastwood Thornleigh District Tennis Association, at The Epping Club, Epping.

Monday 9^th October 2023 – The Mayor attended Upper North Shore Reginal Volunteer of the Year Award Ceremony, at Hornsby RSL Club, Hornsby.

Wednesday 11^th October 2023 – The Mayor attended the 2023 Hornsby Ku-ring-gai Local Business Awards, at Hornsby RSL, Hornsby.

Friday 13^th October 2023 – The Mayor attended Studio Artes Charlie and the Chocolate Factory Ball, at Hornsby RSL, Hornsby.

Tuesday 17^th October 2023 – The Mayor attended the Upper North Shore Volunteer Forum, at Hornsby RSL, Hornsby.

Tuesday 17^th October 2023 - The Mayor attended Carer’s Week Comedy Show and Lunch, at Hornsby RSL, Hornsby.

Friday 20^th October 2023 – The Mayor attended Hornsby Art Prize 2023 Award Ceremony, at Wallarobba Arts and Cultural Centre, Hornsby.

Saturday 21^st October 2023 – The Mayor attended the LinC Annual General Meeting, at LinC Catholic Church, Asquith.

Sunday 22^nd October 2023 – The Mayor attended the opening of Inala Fair, at Inala, Cherrybrook.

Sunday 22^nd October 2023 – The Mayor attended a fundraising event for Cancer Council Australia by UDOY Inc., at Epping Public School, Epping.

Sunday 22^nd October 2023 – The Mayor attended Diwali Festival of Lights, at The Epping Club, Epping.

Saturday 28^th October 2023 – The Mayor attended Grease the Musical – Dural Musical Society, at Dural Soldiers Memorial Hall, Dural.

CALLED OVER AND NOTED

Notices of Motion

Nil

MATTERS OF URGENCY

Nil

THE MEETING concluded at 7.58pm.

These Minutes were confirmed at the meeting held on Wednesday 13 December 2023, at which meeting the signature hereunder was subscribed.

CONFIRMED CHAIRMAN

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