MINUTES OF General Meeting
Held at Council Chambers, HORNSBY
on Wednesday 12
June 2024
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
Reverend James McFarlane, from Hornsby
Presbyterian Church 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
Nil
confirmation of minutes
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RESOLVED
ON THE MOTION OF COUNCILLOR BALL, seconded by COUNCILLOR TILBURY,
THAT the Minutes of the General Meeting held on Wednesday
8 May 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
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petitionS
Nil
presentations
Nil
Rescission Motions
Nil
Mayoral Minutes
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1 MM4/24 The
Passing of Mr Frank Ifield
(F2004/05878)
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RESOLVED ON THE MOTION OF COUNCILLOR RUDDOCK,
seconded by COUNCILLOR TILBURY,
THAT on behalf of
Councillors and staff, Council offers sincere condolences to the family and
friends of Mr Frank Ifield whose
contribution to community was significant.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra,
Tilbury and Waddell
AGAINST: Nil
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15 MM5/24 Westleigh
Park Grant Funding
(F2016/00186-003)
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Mr Geoff Knowles,
on behalf of the Westleigh Water Board Alliance addressed Council regarding
this item.
Mr Mathew Geracitano, on behalf of North West Sydney
Football addressed Council regarding this item.
Mr Grahame Bateman, on behalf of Pennant Hills Football
Club addressed Council regarding this item.
Mr Angus Roughly, on behalf of Thornleigh Thunder Football
Club addressed Council regarding this item.
Mr Craig Styling, on behalf of Sydney North Off Road Club
addressed Council regarding this item.
Miss Annemarie Diepenbroek, on behalf of the Pennant Hills
Civic Trust addressed Council regarding this item.
Mr Ben Simmonds, of Thornleigh addressed Council regarding
this item.
Mr Mark Anderson, of Normanhurst addressed Council
regarding this item.
Mr Martin Dargan, on behalf of the Westleigh Water Board
Alliance provided a submission to Council regarding this item.
MOVED ON THE MOTION OF COUNCILLOR RUDDOCK, seconded by
COUNCILLOR TILBURY,
THAT Council:
1. Formally
express its disappointment.
2. Encourage
the community to voice their disappointment about the
government’s broken promise to our community by writing to the Premier
for New South Wales, the Minister for Sport, the Minister for Local
Government, the Minister for Planning and local members, state and federal.
3. Seek
the support of NSROC and other councils in the region to ensure the funds to
deliver this critically important infrastructure are retained and the project
delivered.
AN AMENDMENT WAS MOVED BY
COUNCILLOR SALITRA, seconded by COUNCILLOR BALL,
THAT Council:
1.
Formally express its disappointment
2.
Encourage the community to voice their opinion and request the State
Government provide a new and compliant grant that replaces the funding to
deliver these much-needed sporting facilities, in writing to the Premier for
New South Wales, the Minister for Sport, the Minister for Local Government,
the Minister for Planning and local members, state and federal.
3.
Seek the support of NSROC and other councils in the region to ensure
the State Government provides a new and compliant grant to deliver this
important infrastructure project.
THE AMENDMENT MOVED BY COUNCILLOR SALITRA, seconded by
COUNCILLOR 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 RUDDOCK, seconded by
COUNCILLOR TILBURY WAS PUT AND CARRIED.
FOR:
Councillors
Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Tilbury and
Waddell
AGAINST: COUNCILLORS
BALL and SALITRA
Note:
Councillors Ball and Salitra abstained from voting on this Motion. Therefore,
in accordance with Clause 11.5 of Council’s Code of Meeting Practice,
Councillors Ball and Salitra were taken to having voted against the Motion.
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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 2, 9 and 16 were withdrawn for discussion.
RESOLVED ON THE MOTION OF COUNCILLOR
mcintosh, seconded by COUNCILLOR pillamarri,
THAT the recommendations in respect of items 3, 4, 5, 6, 7,
8, 10, 11, 12 and 13 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 14 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.
GENERAL BUSINESS
Office of the General Manager
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2 GM16/24 Adoption
of Council's 2024-2027 Delivery Program and 2024/25 Operational Plan
(incorporating the Budget, Rating Structure and Fees and Charges)
(F2024/00060)
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Mr Martin Pluss, of
Pennant Hills addressed Council regarding this item.
Mr Ben Simmonds, of Thornleigh addressed Council regarding
this item.
Mr Mark Anderson, of Normanhurst addressed Council
regarding this item.
MOVED ON THE MOTION OF COUNCILLOR Tilbury,
seconded by COUNCILLOR McIntosh,
THAT:
1. Council notes the
responses provided in Table 1A to the public submissions received during the
exhibition of the draft 2024-2027 Delivery Program and 2024/25 Operational
Plan.
2. Subject to incorporation of the
recommendations detailed in the Budget section, Table 1A and Table 1B
attachments, Council adopt the 2024-2027 Delivery Program and 2024/25 Operational
Plan including the Budget and 2024/25 Fees and Charges.
3. Council
make and levy the 2024/25 Ordinary Rates on all rateable land in the Shire
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) and in
accordance with Table 2 of General Manager’s Report No. GM16/24.
4. Council
make and levy the 2024/25 Catchment Remediation Rate on all rateable land in
the Shire 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)
and in accordance with Table 3 of General Manager’s Report No. GM16/24.
5. Council
write to submitters thanking them for their feedback.
AN AMENDMENT WAS MOVED BY COUNCILLOR BALL, seconded by
COUNCILLOR SALITRA,
THAT:
1.
Council notes the responses
provided in Table 1A to the public submissions received during the exhibition
of the draft 2024-2027 Delivery Program and 2024/25 Operational Plan.
2.
Subject to incorporation of the
recommendations detailed in the Budget section, Table 1A and Table 1B
attachments, and removal of funds for Mountain bike trail upgrades
within Westleigh Park; Council adopt the
2024-2027 Delivery Program and 2024/25 Operational Plan including the Budget
and 2024/25 Fees and Charges.
3.
Council make and levy the 2024/25
Ordinary Rates on all rateable land in the Shire 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) and in accordance with Table 2 of General
Manager’s Report No. GM16/24.
4.
Council make and levy the 2024/25
Catchment Remediation Rate on all rateable land in the Shire 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) and in accordance with Table 3 of
General Manager’s Report No. GM16/24.
5.
Council write to submitters
thanking them for their feedback.
THE AMENDMENT 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
THE MOTION MOVED BY COUNCILLOR TILBURY, seconded by
COUNCILLOR MCINTOSH WAS PUT AND CARRIED
FOR:
Councillors
Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Tilbury and Waddell
AGAINST: COUNCILLORS
BALL and SALITRA
Note:
Councillors Ball and Salitra abstained from voting on this Motion. Therefore,
in accordance with Clause 11.5 of Council’s Code of Meeting Practice,
Councillors Ball and Salitra were taken to having voted against the Motion.
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3 GM30/24 Audit,
Risk and Improvement Committee - Terms of Reference and Internal Audit
Charter
(F2019/00136)
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RESOLVED ON THE
MOTION OF COUNCILLOR MCINTOSH, seconded by COUNCILLOR PILLAMARRI,
THAT the Terms of
Reference and Internal Audit Charter for the Audit, Risk and Improvement
Committee be adopted.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra,
Tilbury and Waddell
AGAINST: Nil
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4 GM32/24 Hornsby
Town Centre - Implementation of Council's Masterplan
(F2018/00321-003)
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RESOLVED ON THE
MOTION OF COUNCILLOR MCINTOSH, seconded by COUNCILLOR PILLAMARRI,
THAT:
1. Council receive and note the General Manager’s Report No.
GM32/24 outlining the development of an Implementation Plan for the Hornsby
Town Centre Masterplan that incorporates Hornsby Park and the preparation of
a Probity Plan to guide the interactions of Council and staff.
2. Council endorse the General Manager commencing informal
discussions with key stakeholders to the Town Centre including significant
property owners to determine opportunities to progress development as
envisaged under the Masterplan.
3. A further workshop with Councillors be held to discuss and review
the progression of tasks under the Implementation Plan.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra,
Tilbury and Waddell
AGAINST: Nil
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Corporate Support Division
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5 CS19/24 Debts
to be Written Off - 2023/24 Financial Year
(F2004/06978-02)
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RESOLVED ON THE
MOTION OF COUNCILLOR MCINTOSH, seconded by COUNCILLOR PILLAMARRI,
THAT for 2023/24,
and in accordance with Clause 213 of the Local Government (General)
Regulation, Council:
1. Write
off debts considered bad totalling $47,711 (as detailed in Schedule A
attached to Director’s Report No. CS19/24).
2. Note
debts considered bad totalling $2,883 written off under the General
Manager’s delegated authority (as detailed in Schedule B attached to Director’s
Report No. CS19/24).
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra,
Tilbury and Waddell
AGAINST: Nil
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6 CS22/24 Investments
and Borrowings for 2023/2024 - Status For The Period Ending 30 April 2024
(F2004/06987-02)
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RESOLVED ON THE
MOTION OF COUNCILLOR MCINTOSH, seconded by COUNCILLOR PILLAMARRI,
THAT the contents of
Director’s Report No. CS22/24 be received and noted.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra,
Tilbury and Waddell
AGAINST: Nil
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7 CS25/24 Draft
Long Term Financial Plan 2024/25 to 2033/34 - Adoption for Public Exhibition
(F2024/00060)
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RESOLVED ON THE
MOTION OF COUNCILLOR MCINTOSH, seconded by COUNCILLOR PILLAMARRI,
THAT:
1. Council
adopt the draft 2024/25 – 2033/34 Long Term Financial Plan attached to
Director’s Report No. CS25/24 and place the document on public
exhibition from 13 June 2024 to 11 July 2024.
2. Following public exhibition, a further report be
prepared for Council’s consideration at the 14 August 2024 General
Meeting that outlines and responds to any submissions received during the
exhibition period and recommends the adoption of Council’s 2024/25
– 2033/34 Long Term Financial Plan.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra, Tilbury
and Waddell
AGAINST: Nil
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8 CS26/24 Local
Government Remuneration Tribunal - 2024 Report and Determination - Mayor and
Councillor Fees - 2024/25 Financial Year
(F2004/09552-02)
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RESOLVED ON THE
MOTION OF COUNCILLOR MCINTOSH, seconded by COUNCILLOR PILLAMARRI,
THAT:
1. As
a consequence of the 2024 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 2024 to 30 June 2025.
2. In
accordance with Sections 248 and 249 of the Local Government Act and having
considered the 2024 Report and Determination of the Local Government
Remuneration Tribunal, an annual fee of $28,690 be paid to each Councillor
and an additional annual fee of $76,190 be paid to the Mayor for the period 1
July 2024 to 30 June 2025.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra,
Tilbury and Waddell
AGAINST: Nil
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Community and Environment Division
Nil
Planning and Compliance Division
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9 PC10/24 Report
on Submissions - Aboriginal Heritage Study
(F2020/00185#02-002)
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Mr Martin Pluss, of Pennant Hills addressed Council
regarding this item.
Mr Jayson Cooke, of
Brooklyn provided a submission to Council regarding this item.
RESOLVED ON THE MOTION OF
COUNCILLOR MCINTOSH, seconded by COUNCILLOR TILBURY,
THAT:
1. Council
endorse the Aboriginal Heritage Study and Implementation Action Plan
attached to Director’s Report No. PC10/24.
2. Submitters
be advised of Council’s decision.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra,
Tilbury and Waddell
AGAINST: NiL
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10 PC11/24 Report
on Submissions - Draft Planning Agreements Policy 2024
(F2023/00172)
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RESOLVED ON THE
MOTION OF COUNCILLOR MCINTOSH, seconded by COUNCILLOR PILLAMARRI,
THAT Council adopt
the Planning Agreements Policy 2024 and supporting documents as attached to
Director’s Report No. PC11/24 to supersede the Policy on Planning
Agreements 2007.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra,
Tilbury and Waddell
AGAINST: Nil
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Infrastructure and Major Projects Division
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11 IM5/24 Galston
Aquatic and Leisure Centre Lockers
(F2021/00287)
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RESOLVED ON THE
MOTION OF COUNCILLOR MCINTOSH, seconded by COUNCILLOR PILLAMARRI,
THAT:
1. Following
an investigation into the benchmarking and assessment of lockers, Council
supply and install 12 keyless lockers at Galston Aquatic and Leisure Centre
in line with Option 2 of this report at a cost of $4,888 with budget
identified in Council’s Delivery Program/Operation Plan 2024/25.
2. Council
provides these lockers as a free service for our community and pool users to
securely store their belongings on the pool deck during their visit to the
Galston Aquatic and Leisure Centre.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra,
Tilbury and Waddell
AGAINST: Nil
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Confidential Items
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12 CS23/24 Renewal
of Lease - Brooklyn Community Health Centre
This report was deemed confidential, 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.
(F2004/09433)
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RESOLVED ON THE
MOTION OF COUNCILLOR MCINTOSH, seconded by COUNCILLOR PILLAMARRI,
THAT the General Manager be
authorised to renew the Lease with Northern Sydney Local Health District for
Brooklyn Community Health Centre and Licence for use of Brooklyn Community
Centre subject to the terms & conditions contained in Confidential
Director’s Report No. CS23/24.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra,
Tilbury and Waddell
AGAINST: Nil
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13 CS24/24 Lease
of Operational Land, Hornsby
This report was deemed confidential, under
Section 10A (2) (d) of the Local Government Act, 1993. This report contains
commercial information of a confidential nature that would, if disclosed (i)
prejudice the commercial position of the person who supplied it; or (ii)
confer a commercial advantage on a competitor of the council; or (iii) reveal
a trade secret.
(F2014/00118)
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RESOLVED ON THE
MOTION OF COUNCILLOR MCINTOSH, seconded by COUNCILLOR PILLAMARRI,
THAT Council authorise
the General Manager to progress the matter in line with the proposed next
steps outlined in the Discussion Section of Confidential Director’s
Report No. CS24/24.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra,
Tilbury and Waddell
AGAINST: Nil
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RESOLVED ON THE MOTION OF COUNCILLOR MCINTOSH, seconded by
COUNCILLOR WADDELL,
THAT Council move in to Confidential Session to consider Item
16 - GM34/24 – Legal Advice - for the reason given below the item.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra,
Tilbury and Waddell
AGAINST: Nil
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16 GM34/24 Legal
Advice
This report was delt with in Confidential session
under Section 10A(2)(g) of the Local Government Act as it contains advice
concerning litigation, or advice that would otherwise be privileged from
production in legal proceedings on the ground of legal professional
privilege.
(F2016/00186-003)
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RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR McIntosh,
THAT Council:
1. Note
the contents of Confidential General Manager’s Report No. GM34/24.
2. Authorise
the General Manager to progress the matter in line with the steps outlined in
the Conclusion Section of Confidential General Manager’s Report No.
GM34/24.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra,
Tilbury and Waddell
AGAINST: NiL
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RESOLVED ON THE MOTION OF COUNCILLOR MCINTOSH, seconded by
COUNCILLOR TILBURY
THAT Council move out of Confidential Session.
FOR:
Councillors
Ball, Greenwood, Heyde, McClelland, McIntosh, Pillamarri, Ruddock, Salitra,
Tilbury and Waddell
AGAINST: Nil
PUBLIC FORUM – NON AGENDA ITEMS
Nil
Questions with Notice
Nil
Mayor's Notes
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14 MN5/24 Mayors
Notes 01 May 2024 to 31 May 2024
(F2004/07053)
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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
1st May 2024 – The Mayor hosted two Citizenship
Ceremonies in the Council Chambers at Hornsby Shire Council in Hornsby.
Friday 3rd May 2024
– The Mayor attended Galston High School's ANZAC Day ceremony, in
Galston.
Friday 3rd May
2024 – The Mayor attended North West Schools Rugby Championship
Invitation at Redfield College, in Dural.
Saturday 4th May
2024 – The Mayor attended the Ron Payne Park amenities opening at
Ron Payne Park, North Epping.
Sunday 5th May
2024 – The Mayor attended the Jekyll & Hyde production presented
by Hornsby Musical Society, Hornsby.
Friday 10th May
2024 – The Mayor attended the 2024 Remagine Art Prize Wallarobba
Arts and Cultural Centre, Hornsby.
Sunday 12th May 2024
– The Mayor attended Australia's Biggest Morning Tea - Epping Public
School, Epping.
Saturday 18th May
2024 – The Mayor attended the Pennant Hills Park Netball Courts 1 and
2 upgrade at Pennant Hills Park.
Saturday 18th May
2024 – The Mayor attended the opening of the North Epping Community
Battery, North Epping.
Sunday 19th May
2024 – The Mayor attended the ANZAC Memorial Service Knox Grammer,
in Wahroonga.
Tuesday 21st May
2024 – The Mayor attended the Unveiling Ceremony of the Lynn
McCrindle Multi-Purpose Centre, in Dural.
Thursday 23rd May
2024 – The Mayor attended the Bobbo Presentation Night at Magpies
Waitara.
Friday 24th May
2024 – The Mayor attended Delhi Heights Indian Restaurant Dural for
the Cancer Council Australia's Biggest Morning Tea Project, in Dural.
Saturday 25th May
2024 – On behalf of the Mayor, Councillor Greenwood attended the Oakhill
College Gala Day at Oakhill College in Castle Hill.
Wednesday 29th
May 2024 – The Mayor attended a photo shoot to mark the Lisgar
Gardens upgrades at Lisgar Gardens.
Friday 31st May
2024 – The Mayor attended the Hello Hornsby - Coffee and Chat at
Berowra.
Friday 31st May
2024 – The Mayor attended the Reconciliation Concert in the Hornsby
Mall.
Friday 31st May
2024 – The Mayor attended the Hornsby Area Residents for
Reconciliation event at Hornsby Library.
CALLED OVER and NOTED
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Notices of Motion
Nil
Supplementary Reports
Nil
MATTERS OF URGENCY
Nil
THE MEETING concluded at 8.00pm
These Minutes were confirmed at the meeting held on Wednesday
10 July 2024, at which meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
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