MINUTES OF General Meeting

Held at Council Chambers, HORNSBY

on Wednesday 8 October 2025

at 6:30 PM

Welcome to country

A Welcome to Country was given by the Darug and GuriNgai Traditional Owner representative, Aunty Ross Fogg OAM.

PRESENT

Councillors Waddell (Chairman), Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Simons and Tilbury.

NATIONAL ANTHEM

OPENING PRAYER

Reverend Tim Kay from Thornleigh Baptist 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

RESOLVED ON THE MOTION OF COUNCILLOR mCiNTOSH seconded by COUNCILLOR McCLELLAND,

THAT an apology and request for leave of absence from Councillor Seaglove in respect of an inability to attend the Council Meeting on 8 October 2025 be accepted and leave of absence be granted.

FOR: Councillors Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Simons, 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 12 – NOM6/25 Wisemans Ferry River Crossing. Refer to that item for details.

confirmation of minutes

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

THAT the Minutes of the General Meeting held on Wednesday 10 September 2025 be confirmed, a copy having been distributed to all Councillors.

FOR: Councillors Conley, Greenwood, McClelland, McIntosh, McSweeney, Simons, Tilbury and Waddell

AGAINST: BALL

Note: Councillor Ball abstained from voting on confirmation of Minutes. Therefore, in accordance with Clause 11.5 of Council’s Code of Meeting Practice, Councillor Ball was taken to have voted against the Confirmation of Minutes .

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, 4, 5, 6 and 12 were withdrawn for discussion.

RESOLVED ON THE MOTION OF COUNCILLOR MCINTOSH seconded by COUNCILLOR GREENWOOD

THAT the recommendations in respect of items 3, 7, 8, 9 and 10 be adopted.

FOR: Councillors Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Simons, 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 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 or provide a submission to Council 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

1 CS51/25 Councillor Representation on External Committees and Working Parties - October 2025 to September 2026

(F2004/07056)

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

THAT Councillor representation on external Committees and Working Parties for the period October 2025 to September 2026 be as indicated in the table below:

Council Committee/Working Party	Councillor Representation
Hornsby Kuring-gai Bush Fire Management Committee	Delegates - Mayor, Clr McSweeney Alternates - Clr Ball, Clr Tilbury, Clr Seaglove
Hornsby Kuring-gai Rural Fire Service Liaison Committee	Delegate - Mayor Alternates - Clr Seaglove, Clr Ball, Clr Conley
Local Transport Forum (LTF)	Delegate - Clr McSweeney Alternate - Clr Greenwood
NSW Public Libraries Association	Delegate - Clr McIntosh Alternate - Clr McClelland, Clr Simons
Hornsby Shire Dementia Alliance	Delegates - Clr McIntosh, Clr Greenwood Alternate - Clr McClelland

FOR: Councillors Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Simons, Tilbury and Waddell

AGAINST: Nil

2 CS53/25 Review of Council's Code of Meeting Practice

(F2004/07032)

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

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 MCCLELLAND,

THAT:

1. Council adopt the draft Code of Meeting Practice attached to Director’s Report No. CS53/25 for the purpose of public exhibition.

2. The public exhibition be for a period of 28 days, with a period of 42 days allowed for the lodgement of submissions by members of the public.

3. Following the conclusion of the public exhibition period, a further report be submitted for Council’s consideration which details any submissions received and proposes the adoption of a final Code of Meeting Practice.

FOR: Councillors Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Simons, Tilbury and Waddell

AGAINST: Nil

3 CS54/25 Investments and Borrowings for 2025/2026 - Status for the Period Ending 31 August 2025

(F2004/06987-02)

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

THAT the contents of Director’s Report No. CS54/25 be received and noted.

FOR: Councillors Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Simons, Tilbury and Waddell

AGAINST: Nil

4 CS56/25 2024/25 Audited Financial Statements - Presentation to the Public

(F2023/00141)

Ms Cassie Malone, on behalf of the Audit Office of NSW made a presentation in respect of Council’s 2024/25 Audited Financial Statements.

Mr Roman Goydych, of Cherrybrook addressed Council regarding this item.

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

THAT the 2024/25 General Purpose Financial Statements and associated Auditor's Report, as presented to the public on 8 October 2025, be adopted.

FOR: Councillors Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Simons, Tilbury and Waddell

AGAINST: Nil

Community and Environment Division

5 CE9/25 Hornsby Aboriginal and Torres Strait Islander Consultative Committee

(F2005/01147-002)

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

THAT:

1. Council appoint Councillors Ball, Conley, Greenwood, McClelland and McIntosh as Council’s representatives on the Hornsby Aboriginal and Torres Strait Islander Consultative Committee.

2. Council appoint the voluntary community members identified in Table 1. of Director’s Report No. CE9/25 as members of the Hornsby Aboriginal and Torres Islander Consultative Committee for the current term of Council.

3. All applicants be advised of Council’s resolution.

FOR: Councillors Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Simons, Tilbury and Waddell

AGAINST: Nil

Planning and Compliance Division

6 PC17/25 Hornsby Heritage Advisory Committee Membership

(F2025/00218)

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

THAT:

1. Councillors Conley, Greenwood, McClelland and Simons be appointed as Council’s representatives on the Hornsby Heritage Advisory Committee and Councillor McIntosh be appointed as the Chairperson.

2. Council invite the following volunteers to participate on the Hornsby Heritage Advisory Committee for the current term of Council:

a) Mr David White, Ms Miriam Moloney, Ms Carol Liston, and Ms Elyssa Freame as technical specialists.

b) Ms Mari Metzke, Mr Brian Scarsbrick, Mr Ian Browning as community representatives.

3. All applicants be advised of Council’s resolution.

FOR: Councillors Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Simons, Tilbury and Waddell

AGAINST: Nil

Infrastructure and Major Projects Division

Nil

Confidential Items

7 CE11/25 Recycling Processing Services - Negotiation Report

This report was deemed confidential, under Section 10A (2) (c) (d) 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; AND 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. (This Report is considered confidential under Section 10A(2)(d)(i) of the Local Government Act as it contains information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. Discussion of the matter in an open Meeting would, on balance, be contrary to the public interest because the Report contains information provided by tenderers which includes sensitive information about their business operations, methodologies and costs. The publication of such information could result in the withholding of similar information by potential tenderers in future, therefore limiting Council’s ability to make an informed decision about future tenders. )

(F2024/00209-002)

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

THAT Council:

1. Receives and notes the contents of the Confidential Director’s Report No. CE11/25 and Attachments, regarding the Recycling Processing Services Contract negotiations process and the Negotiation Panel’s recommendations.

2. Accept the Negotiation Panel’s recommendations set out in Confidential Attachment 1., that Council enter into Contract C20/2024 - Waste Management Services - Part A – Recycling Processing Services for an initial term of 10 years with Cleanaway Pty Ltd (ACN 000 164 938), in the form negotiated in accordance with Confidential Attachment 1.

3. Delegate authority to the General Manager to finalise the contract for execution and, once finalised, execute the contract on behalf of Council.

FOR: Councillors Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Simons, Tilbury and Waddell

AGAINST: Nil

8 CS49/25 Acquisition by Agreement - Variation of Easement Galston

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.

(F2025/00107)

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

THAT Council authorise the General Manager to progress the matter in line with the next steps outlined in the Discussion Section of Confidential Director’s Report No. CS49/25.

FOR: Councillors Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Simons, Tilbury and Waddell

AGAINST: Nil

9 CS55/25 Acquisition by Agreement - Variation of Easement Galston

(F2025/00109)

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

THAT Council authorise the General Manager to progress the matter in line with the Next Steps outlined in the Discussion Section of Confidential Director’s Report No. CS55/25.

FOR: Councillors Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Simons, Tilbury and Waddell

AGAINST: Nil

10 IM5/25 Hornsby Park Embellishments (HPE) Services Enhancement

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.

(F2025/00182)

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

THAT Council:

1. Proceed under the provisions of clause 178(1)(b) and (3)(e) of the Local Government (General) Regulation 2021, and decline to accept any of the tender submissions received for RFT18/2025 – Hornsby Park Embellishments (HPE) Services Enhancement and enter into negotiations with Bedrule Pty Ltd T/A TOBCO for the following reasons:

· Council will not invite fresh tender submissions or applications as the RFT was advertised with sufficient time to allow any suitable supplier to respond.

· There would be a significant risk of missing grant funding timelines to re-run the RFT process.

· As Bedrule Pty Ltd T/A TOBCO provided the tender response which is close to meeting all the requirements set out in the RFT and estimated budget they are deemed the most relevant party to enter into negotiations.

2. Provide the General Manager delegated authority to complete negotiations and enter into contract for RFT18/2025 – Hornsby Park Embellishments (HPE) Services Enhancement.

FOR: Councillors Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Simons, Tilbury and Waddell

AGAINST: Nil

PUBLIC FORUM – NON AGENDA ITEMS

Mr Ryan Fehon, of Galston addressed Council regarding the Draft Planning Proposal, 1-3 Johnson Road, Galston.

Ms Katrina Emmett, of Galston addressed Council regarding the Draft Planning Proposal, 1-3 Johnson Road, Galston.

Ms Jan Primrose, on behalf of Protecting Your Suburban Environment Inc. addressed Council regarding the Draft Planning Proposal, 1-3 Johnson Road, Galston.

Mr John Inshaw, of Galston addressed Council regarding the Draft Planning Proposal, 1-3 Johnson Road, Galston.

Mr Ed Harrison, of Galston addressed Council regarding the proposed changes to the Code of Meeting Practice and the Draft Planning Proposal, 1-3 Johnson Road, Galston.

Mrs Pauline Tondl, of Galston addressed Council regarding the Draft Planning Proposal, 1-3 Johnson Road, Galston.

Mr Babubhai Patel, of Hornsby addressed Council regarding local infrastructure within the Hornsby Shire Council area.

Questions with Notice

Nil

Mayor's Notes

11 MN9/25 Mayor's Notes 01 September 2025 to 30 September 2025

(F2004/07053-002)

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.

Thursday 4^th September 2025 – The Mayor attended Asquith Boys High School’s Creative and Performing Arts night.

Saturday 6^th September 2025 – The Mayor attended Hornsby Multicultural Sangam Australia’s Multicultural Festival at Beatrice Taylor Hall, Hornsby.

Saturday 6^th September 2025 – The Mayor attended Woodchop, hosted by Berowra Apex, Berowra.

Saturday 6^th September 2025 – The Mayor attended 1^st Hornsby Heights Scouts Group’s 60^th Birthday at the Powell Scout Activity Centre, Pennant Hills.

Saturday 6^th September 2025 – The Mayor attended the Netball Grand Finals hosted by Ku-ring-gai Netball Association, Turramurra.

Saturday 6^th September 2025 – The Mayor attended Northern District Cricket Club’s Centenary Dinner at Hornsby RSL, Hornsby.

Sunday 7^th September 2025 – The Mayor attended the 38-year celebration of Indo-Aust Bal Bharathi Vidyalaya-Hindi School, at Thornleigh West Public School.

Tuesday 9^th September 2025 – The Mayor attended the 2025 NAIDOC School Initiatives Presentation at Galston High School.

Friday 12^th September 2025 – On behalf of the Mayor, Councillor McIntosh attended the Hornsby Art Prize Award Ceremony and Opening Night event at Wallarobba Arts and Cultural Centre, Hornsby.

Saturday 13^thSeptember 2025 – On behalf of the Mayor, Councillor McIntosh attended the Hills District Netball Association Grand Final day and Awards Presentation at Pennant Hills Park.

Monday 15^th September 2025 – The Mayor attended the Pride of Workmanship Awards Night, hosted by Rotary Club of Hornsby District at Magpies, Waitara.

Wednesday 17^th September 2025 – The Mayor hosted three Citizenship Ceremonies in the Council Administration Building, Hornsby.

Thursday 18^th September 2025 – The Mayor attended a Civic Reception hosted by Hornsby Shire Council at Wallarobba Arts and Cultural Centre.

Friday 19^th September 2025 – The Mayor attended the 2025 NSW Volunteer of the Year Awards Regional Ceremony - Upper North Shore at Hornsby RSL.

Friday 19^th September 2025 – The Mayor attended Hornsby Ku-ring-gai Women's Shelter’s 10 year Anniversary Gala Dinner.

Saturday 20^th September 2025 – The Mayor attended Lifeline’s Charity Bike Ride event held by Go for Broke at Pacific Berowra Public School.

Saturday 20^th September 2025 – The Mayor attended Beecroft Wombats Football Club’s award night, at The Verandah, Beecroft.

Wednesday 24^th September 2025 – The Mayor attended a site visit at the Hornsby Woodworking Men's Shed, Thornleigh.

Thursday 25^th September 2025 – The Mayor attended Asquith Girls High School’s Year 12 Graduation.

Saturday 27^th September 2025 – The Mayor attended Wisemans Ferry Bowling Club Hornsby Cup Presentation, Wisemans Ferry.

Sunday 28^th September 2025 – The Mayor attended Hornsby, Berowra and Dural Men’s Shed’s Bush Bash at Thornleigh Community Centre.

Sunday 28^th September 2025 – The Mayor attended the official opening and ribbon cutting at Rosedale Medical Practice, Pennant Hills.

Sunday 28^th September 2025 – The Mayor attended the 2025 Annual Concert of the Ku-ring-gai Male Choir at Hornsby RSL.

Tuesday 30^th September 2025 – The Mayor attended the Australian Institute of Horticulture Environmental Award presentation at Salt Pan Reserve, Brooklyn.

called over and noted

Notices of Motion

12 NOM6/25 Wisemans Ferry River Crossing

(F2011/00836)

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 “I have been invited to join the Wisemans Ferry Bicentenary Committee. I have not accepted yet and will speak with the General Manager when he returns from leave. I am vice president of the Hornsby Shire Historical Society (HSHS) who have written in support of the Notice of Motion”. and the explanation of why the interest does not require further action in the circumstances was “I have not accepted the invitation to join the Wisemans Ferry Bicentenary Committee. I was not involved in any discussion with the HSHS executive on this issue. (I excused myself from the discussion).”

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

THAT:

1. Council note, in 2027 it will be the bicentenary of the operation of the Wisemans Ferry river crossing, established in 1827.

2. Council contact the Wisemans Ferry Bicentennial Committee to investigate ways to support a commemorative bicentenary event in 2027.

3. Council’s Heritage Advisory Committee (once established) be advised of the upcoming bicentenary of the Wiseman Ferry river crossing and be provided information about any bicentenary commemorative event.

4. Council investigate the feasibility of creating public pedestrian links between Old Northern Road, Singletons Road, and the existing pathway network in recently upgraded Wisemans Ferry Recreation Reserve.

5. Council staff present the details of points 2. and 3. to an Informal Councillor Briefing including potential support for a commemorative event, as well as connecting path route(s), costs, funding opportunities, and community benefits.

AN AMENDMENT WAS MOVED BY COUNCILLOR MCINTOSH seconded by COUNCILLOR MCCLELLAND,

THAT:

1. Council note, in 2027 it will be the bicentenary of the operation of the Wisemans Ferry River crossing, established in 1827.

2. Council contact the Wisemans Ferry Bicentennial Committee to investigate ways to support a commemorative bicentenary event in 2027.

3. Council’s Heritage Advisory Committee (once established) be advised of the upcoming bicentenary of the Wiseman Ferry River crossing and be provided information about any bicentenary commemorative event.

4. The Mayor write to the respective Mayors of the three other surrounding Councils, namely The Hills, Hawkesbury and Central Coast Councils to gauge interest in and capacity to support a suitable multi-Council Bicentennial Project that reflects the importance of Wiseman’s Ferry to the four Councils and the district.

5. Council support the Bicentennial Committee in developing projects and events that are community-led and Council supported to appropriately acknowledge this landmark bicentennial anniversary.

6. Council staff present further details and possible options following further discussions with both the Bicentennial Committee and the surrounding Councils.

THE AMENDMENT MOVED BY COUNCILLOR MCINTOSH, seconded by COUNCILLOR MCCLELLAND, WAS PUT AND CARRIED,

FOR: Councillors Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Simons and Waddell

AGAINST: Councillor Tilbury

THE AMENDMENT THEREBY BECAME THE MOTION WHICH WAS PUT AND CARRIED

FOR: Councillors Ball, Conley, Greenwood, McClelland, McIntosh, McSweeney, Simons, Tilbury and Waddell

AGAINST: Nil

MATTERS OF URGENCY

Nil

THE MEETING concluded at 8.07pm.

These Minutes were confirmed at the meeting held on Wednesday 12 November 2025, at which meeting the signature hereunder was subscribed.

CONFIRMED CHAIRMAN

______________________________________________________________________________