MINUTES OF General Meeting
Held at Council Chambers, HORNSBY
on Wednesday 10
April 2024
at 6:30PM

Welcome to Country
A
Welcome to Country was given by the Darug and GuriNgai Traditional Owner
representative, Uncle Neil Evers.
PRESENT
Councillors Ruddock (Chairman),
Ball, Greenwood, Heyde, McClelland, McIntosh (remote), Pillamarri, Salitra,
Tilbury and Waddell.
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 remote attendance
RESOLVED ON THE MOTION OF COUNCILLOR Tilbury seconded by COUNCILLOR mcclelland,
THAT the request to attend the General Meeting on 10 April
2024 remotely from Councillor McIntosh, be granted.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra,
Tilbury and Waddell
AGAINST: Nil
|
political donations disclosure
Statement
by the Chairman:
“In accordance with
Section 10.4 of the Environmental Planning and Assessment Act 1979, any person
or organisation who has made a relevant planning application or a submission in
respect of a relevant planning application which is on tonight’s agenda,
and who has made a reportable political donation or gift to a Councillor or
employee of the Council, must make a Political Donations Disclosure Statement.
If a
Councillor or employee has received a reportable political donation or
gift from a person or organisation who has made a relevant planning application
or a submission in respect of a relevant planning application which is on
tonight’s agenda, they must declare a non-pecuniary conflict of interests
to the meeting, disclose the nature of the interest and manage the conflict of
interests in accordance with Council’s Code of Conduct.”
declarations of interest
Nil
confirmation of minutes
RESOLVED ON THE MOTION OF COUNCILLOR
GREENWOOD, seconded by COUNCILLOR TILBURY,
THAT the Minutes of the General Meeting held on Wednesday
13 March 2024 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
8 MM2/24 Planning
Controls for Tobacconist and Vape Shops
(F2004/07218-006)
|
RESOLVED ON THE MOTION OF COUNCILLOR
RUDDOCK, seconded by COUNCILLOR PILLAMARRI,
THAT Council write to the Minister for
Planning and Public Spaces requesting changes to planning controls to require
the establishment of tobacconist and vape shops to require approval through
the development application process.
FOR: Councillors
Ball, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra
and Waddell
AGAINST: Councillor
Tilbury
|
9 MM1/24 Amendments
to Waste Tendering Requirements under the Local Government Regulation
(F2004/08805)
|
RESOLVED ON THE
MOTION OF COUNCILLOR RUDDOCK, seconded by COUNCILLOR TILBURY,
THAT Council writes to the Minister and Shadow Minister
for Industrial Relations (NSW), Minister and Shadow Minister for Local
Government (NSW), and local Members of Parliament (NSW):
1.
Expressing serious concerns about recent amendments to the Local
Government (General) Regulation 2021 made by the Local
Government (General) Amendment (Tendering) Regulation (No 2) 2023 (NSW) on 15
December 2023, as highlighted in a legal opinion by Arthur Moses (Senior
Council) dated 26 February 2024, and
2.
Calling on the NSW Government to reconsider the amendments as a matter
of urgency and to engage in proper consultation with all relevant
stakeholders on an appropriate way forward.
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.
Items 1, 4 and 6 was withdrawn for discussion.
RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR Pillamarri,
THAT the recommendations in respect of items 2, 3 and 5 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 7 was called over and
noted.
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 GM10/24 Draft
2024-2027 Delivery Program including the 2024/25 Operational Plan, Budget and
Fees and Charges - Adoption for Public Exhibition
(F2024/00060)
|
Mr Mark Anderson of
Normanhurst, addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR MCINTOSH,
THAT:
1. Council
adopt for public exhibition the draft 2024-2027 Delivery Program and 2024/25 Operational Plan which includes the draft
Budget, Fees and Charges and Rating Structures for 2024/25 and make available
for public comment from 11 April to 13 May 2024.
2. Council
note the rating information contained in the draft 2024-2027 Delivery Program
and 2024/25 Operational Plan that aligns
with Year 2 of the Independent Pricing and Regulatory Tribunal’s
(IPART’s) Special Rate Variation approval for Hornsby Shire Council
(i.e., a 7.5% rate increase for 2024/25).
3. Following
public exhibition, after consideration of all submissions, the 2024-2027
Delivery Program and 2024/25 Operational
Plan, including Budget, Fees and Charges and Rating Structure, be referred to
Council for further consideration and adoption before 30 June 2024.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra,
Tilbury and Waddell
AGAINST: Nil
|
Corporate Support Division
2 CS10/24 Investments
and Borrowings for 2023/2024 - Status for the Period Ending 29 February 2024
(F2004/06987-02)
|
RESOLVED ON THE
MOTION OF COUNCILLOR Tilbury,
seconded by COUNCILLOR Pillamarri,
THAT the contents of
Director’s Report No. CS10/24 be received and noted.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra,
Tilbury and Waddell
AGAINST: Nil
|
3 CS11/24 Classification
of Public Land at Gloria Close, Mount Colah
(F2021/00191)
|
RESOLVED ON THE
MOTION OF COUNCILLOR Tilbury,
seconded by COUNCILLOR Pillamarri,
THAT pursuant to Section 31
of the Local Government Act 1993, Lot 13 DP 259243 being 3 Gloria Close,
Mount Colah be classified as “Operational Land”.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra,
Tilbury and Waddell
AGAINST: Nil
|
4 CS12/24 Classification
of Public Land at Dural
(F2022/00043)
|
MOVED ON THE
MOTION OF COUNCILLOR SALITRA, seconded by COUNCILLOR HEYDE,
THAT pursuant to Section 31 of the Local Government Act
1993, Lot 51 DP 135610 being 529 Galston Road, Dural be classified as
“Community Land”.
THE MOTION 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
___________________________
RESOLVED ON THE MOTION OF COUNCILLOR RUDDOCK, seconded by
COUNCILLOR TILBURY,
THAT Item 4 be recommitted.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra,
Tilbury and Waddell
AGAINST: Nil
___________________________
RESOLVED ON THE MOTION OF COUNCILLOR HEYDE seconded by
COUNCILLOR WADDELL
THAT:
1.
Pursuant to Section 31 of the Local Government Act 1993, Lot 51 DP
135610 being 529 Galston Road, Dural be classified as “Operational Land”.
2.
The wishes of the Late Melvin Richard MacNutt be considered when
decisions are taken in regards to the property at 529 Galston Road, Dural
which was left as a bequest to Hornsby Shire Council by Mr MacNutt, and any
proceeds resulting from use or sale of that land by Hornsby Shire
Council.
FOR:
Councillors
Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Tilbury and
Waddell
AGAINST: Councillors
Ball and Salitra
|
Community and Environment Division
Nil
Planning and Compliance Division
5 PC5/24 Draft
Planning Agreements Policy 2024
(F2023/00172)
|
RESOLVED ON THE
MOTION OF COUNCILLOR Tilbury,
seconded by COUNCILLOR Pillamarri,
THAT:
1. The
draft Planning Agreements Policy 2024 and supporting documents attached to Director’s
Report No. PC5/24 be placed on public exhibition for a period of at least 28
days in accordance with Council’s Community Engagement Plan.
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
|
6 PC6/24 Hornsby
Development Control Plan Amendments - All Electric Residential Buildings
(F2021/00318)
|
RESOLVED ON THE
MOTION OF COUNCILLOR HEYDE, seconded by COUNCILLOR MCINTOSH,
THAT:
1. The
draft all electric residential buildings amendments to the Hornsby
Development Control Plan 2013 attached to Director’s Report No. PC6/24
be placed on public exhibition for a period of 28 days.
2. Following
exhibition, a report on submissions be presented to Council for
consideration.
3. Further
research be undertaken on the use of gas in commercial buildings and outdoor
residential water heaters for presentation to an Informal Councillor
Briefing.
4. Educational material on the health effects of gas
emissions be developed for distribution to residents and Council continue its
transition from use of gas in Council-owned buildings.
5. A
submission be sent to the NSW Government requesting a State-wide ban on new
gas connections.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra
and Tilbury
AGAINST: Councillor
Waddell
|
Infrastructure and Major Projects Division
Nil
PUBLIC FORUM – NON AGENDA ITEMS
Mr David Martin, on behalf of Hornsby Conservation
Society addressed Council regarding the proposed off-leash dog park at Fagan
Park.
Ms Katrina Emmett, of Galston
addressed Council regarding the proposed off-leash dog park at Fagan Park.
Mr Martin Mansfield ,on behalf of Cumberland Bird Observers
Club addressed Council regarding the proposed off-leash dog park at Fagan Park.
Ms Jan Primrose, on behalf of Protecting Your Suburban
Environment Inc addressed Council regarding the proposed off-leash dog park at
Fagan Park.
Mr John Inshaw, on behalf of Galston Area Residents
Association addressed Council regarding the proposed off-leash dog park at
Fagan Park.
Questions with Notice
Nil
Mayor's Notes
7 MN3/24 Mayor's
Notes 01 March 2024 to 31 March 2024
(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.
Friday 1st March
2024 – The Mayor attended the International Women's Day Lunch with
Hornsby Ku-ring-gai Women's Shelter at Roseville Golf Club.
Friday 1st March
2024 – The Mayor attended the Food Truck Friday Event at Pennant
Hills Library.
Saturday 2nd
March 2024 – The Mayor attended the opening event of Art North at
Grace Cossington Smith Gallery Wahroonga.
Saturday 2nd
March 2024 – The Mayor attended the Tiny Home Solutions Grand
Opening at Waitara.
Wednesday 6 March 2024 -
The Mayor hosted two Citizenship Ceremonies in the Council Chambers at
Hornsby Shire Council in Hornsby.
Thursday 7th March 2024 – On
behalf of the Mayor, Councillor Waddell attended the Art Exhibition Inside/Out:
Maide and Chris Welch, at Wallarobba Arts and Cultural Centre.
Friday 8th March 2024 – The Mayor
attended the Asquith Girls high School – International Women’s
Day Breakfast in Asquith.
Sunday 10th March 2024 – The Mayor
attended the Yarra Foundation fundraiser event in the Hornsby Mall.
Wednesday 13th March 2024 – The
Mayor attended the International Women's Day hosted by “Women’s
Shed Hornsby Ku-ring-gai” (WSHK) at the PCYC, Waitara.
Wednesday 14th March 2024 – The
Mayor attended the Hello Hornsby Seniors Week Concert at Magpies, Waitara.
Thursday 15th March 2024 – The
Mayor attended the Bishop's Breakfast with the Most Reverand Anthony Randazzo
DD JDL at the Epping Club, Epping.
Saturday 23rd March 2024 – The
Mayor attended the Hornsby Shire Cub at Asquith Recreation and Bowling club.
Sunday 24th March 2024 – The Mayor
attended the Bobbin Head Cycle Classic Event at Karuah Oval Turramurra.
Sunday 24th March 2024 – The Mayor
attended the Beecroft Youth Awards at Beecroft Community Centre, Beecroft.
CALLED OVER AND NOTED
|
Notices of Motion
Nil
Supplementary Reports
Nil
MATTERS OF URGENCY
Nil
THE MEETING concluded at 7.30 pm.
These Minutes were confirmed at the meeting held on Wednesday
8 May 2024, at which meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
______________________________________________________________________________