BUSINESS PAPER GENERAL MEETING - Wednesday 14 April 2021 at 6:30PM - NSW ...
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Hornsby Shire Council Table of Contents Page 1 TABLE OF CONTENTS AGENDA AND SUMMARY OF RECOMMENDATIONS RESCISSION MOTIONS MAYORAL MINUTES ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS GENERAL BUSINESS Office of the General Manager Item 1 GM16/21 Draft 2021-2022 Delivery Program including the Operational Plan, Budget and Fees and Charges 2021/22 - Adoption for public exhibition ............................ 1 Item 2 GM17/21 Draft Community Engagement Policy and Plan .................................................. 8 Corporate Support Division Item 3 CS19/21 Office of Local Government Consultation Paper - Remote Attendance by Councillors at Council Meetings ................................................................ 15 Item 4 CS15/21 Investments and Borrowings for 2020/2021 - Status for Period Ending 28 February 2021 .................................................................................................. 21 Item 5 CS16/21 Pecuniary Interest and Other Matters Returns - Disclosures by Councillors and Designated Persons ................................................................................ 24 Community and Environment Division Item 6 CE5/21 Renaming Of The Pennant Hills Community Nursery .......................................... 27 Item 7 CE6/21 Council Managed Crown Land - Land Categories ............................................... 30 Item 8 CE8/21 Mark Taylor Oval - Sub Funding Agreement between Council and the Northern District Cricket Club ...................................................................................... 36 Planning and Compliance Division Item 9 PC8/21 Standard Instrument Amendment - Size of Secondary Dwellings in Rural Zones ....................................................................................................................... 41 Infrastructure and Major Projects Division Item 10 IM2/21 Draft Master Plans for Hornsby and Westleigh Parks ........................................... 47 PUBLIC FORUM – NON AGENDA ITEMS QUESTIONS ON NOTICE MAYOR'S NOTES General Meeting 14 April 2021
Hornsby Shire Council Table of Contents Page 2 Item 11 MN3/21 Mayors Notes from 01 March to 31 March 2021 ................................................. 56 NOTICES OF MOTION Item 12 NOM1/21 Hornsby Shire's Native Wildlife ......................................................................... 57 SUPPLEMENTARY AGENDA MATTERS OF URGENCY General Meeting 14 April 2021
Hornsby Shire Council Agenda and Summary of Recommendations Page 1 AGENDA AND SUMMARY OF RECOMMENDATIONS PRESENT NATIONAL ANTHEM OPENING PRAYER/S Pastor David Nathan from The Hive Church , Hornsby will open tonights meeting in prayer. ACKNOWLEDGEMENT OF RELIGIOUS DIVERSITY Statement by the Chairperson: "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." ACKNOWLEDGEMENT OF COUNTRY Statement by the Chairperson: "Council recognises the Traditional Owners of the lands of Hornsby Shire, the Darug and Guringai peoples, and pays respect to their Ancestors and Elders past and present and to their Heritage. We acknowledge and uphold their intrinsic connections and continuing relationships to Country." VIDEO AND AUDIO RECORDING OF COUNCIL MEETING Statement by the Chairperson: "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 POLITICAL DONATIONS DISCLOSURE Statement by the Chairperson: “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 General Meeting 14 April 2021
Hornsby Shire Council Agenda and Summary of Recommendations Page 2 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 Clause 4.16 and 4.17 of Council’s Code of Conduct for Councillors requires that a councillor or a member of a Council committee who has a pecuniary interest in a matter which is before the Council or committee and who is present at a meeting of the Council or committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable. The disclosure is also to be submitted in writing (on the form titled “Declaration of Interest”). 4.16 A councillor who has a pecuniary interest in any matter with which the council is concerned, and who is present at a meeting of the council or committee at which the matter is being considered, must disclose the nature of the interest to the meeting as soon as practicable. 4.17 The councillor must not be present at, or in sight of, the meeting of the council or committee: a) at any time during which the matter is being considered or discussed by the council or committee, or b) at any time during which the council or committee is voting on any question in relation to the matter. Clause 5.10 and 5.11 of Council’s Code of Conduct for Councillors requires that a councillor or a member of a Council committee who has a non pecuniary interest in a matter which is before the Council or committee and who is present at a meeting of the Council or committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable. The disclosure is also to be submitted in writing (on the form titled “Declaration of Interest”). 5.10 Significant non-pecuniary conflict of interests must be managed in one of two ways: a) by not participating in consideration of, or decision making in relation to, the matter in which you have the significant non-pecuniary conflict of interest and the matter being allocated to another person for consideration or determination, or b) if the significant non-pecuniary conflict of interest arises in relation to a matter under consideration at a council or committee meeting, by managing the conflict of interest as if you had a pecuniary interest in the matter by complying with clauses 4.16 and 4.17. 5.11 If you determine that you have a non-pecuniary conflict of interest in a matter that is not significant and does not require further action, when disclosing the interest you must also explain in writing why you consider that the non-pecuniary conflict of interest is not significant and does not require further action in the circumstances. General Meeting 14 April 2021
Hornsby Shire Council Agenda and Summary of Recommendations Page 3 CONFIRMATION OF MINUTES THAT the Minutes of the General Meeting held on 10 March, 2021 be confirmed; a copy having been distributed to all Councillors. PETITIONS PRESENTATIONS RESCISSION MOTIONS MAYORAL MINUTES ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS Note: Persons wishing to address Council on matters which are on the Agenda are permitted to speak, prior to the item being discussed, and their names will be recorded in the Minutes in respect of that particular item. Persons wishing to address Council on non agenda matters, are permitted to speak after all items on the agenda in respect of which there is a speaker from the public have been finalised by Council. Their names will be recorded in the Minutes under the heading "Public Forum for Non Agenda Items". GENERAL BUSINESS • Items for which there is a Public Forum Speaker • Public Forum for non agenda items • Balance of General Business items OFFICE OF THE GENERAL MANAGER Page Number 1 Item 1 GM16/21 DRAFT 2021-2022 DELIVERY PROGRAM INCLUDING THE OPERATIONAL PLAN, BUDGET AND FEES AND CHARGES 2021/22 - ADOPTION FOR PUBLIC EXHIBITION RECOMMENDATION THAT Council: 1. Adopt for public exhibition the draft 2021-2022 Delivery Program and Operational Plan 2021/22 which includes the draft Budget, Fees and Charges and Rating Structure for 2021/22 and make available for public comment from 15 April to 17 May 2021. General Meeting 14 April 2021
Hornsby Shire Council Agenda and Summary of Recommendations Page 4 2. Note the rating information contained in the draft 2021-2022 Delivery Program and Operational Plan 2021/22 is in line with the Independent Pricing and Regulatory Tribunal’s rate increase approval for NSW councils (i.e. a 2% rate increase for 2021/22). 3. Following public exhibition, and before 30 June 2021, a report be prepared which outlines any submissions received and recommends the adoption of the 2021-2022 Delivery Program and Operational Plan 2021/22, including Budget, Fees and Charges and Rating Structure. Page Number 8 Item 2 GM17/21 DRAFT COMMUNITY ENGAGEMENT POLICY AND PLAN RECOMMENDATION THAT: 1. Council endorse the exhibition of the draft Community Engagement Policy attached to General Manager’s Report No. GM17/21. 2. Council endorse the exhibition of the draft Community Engagement Plan attached to General Manager’s Report No. GM17/21. 3. A further report be brought to Council following the conclusion of the exhibition and submission period. CORPORATE SUPPORT DIVISION Page Number 15 Item 3 CS19/21 OFFICE OF LOCAL GOVERNMENT CONSULTATION PAPER - REMOTE ATTENDANCE BY COUNCILLORS AT COUNCIL MEETINGS RECOMMENDATION THAT: 1. The contents of Director’s Report No. CS19/21 be received and noted. 2. Council authorise the General Manager to make a submission in response to the consultation paper - Remote Attendance by Councillors at Council Meetings - in line with the matters raised in Director’s Report No. CS19/21. 3. Noting the NSW Government’s foreshadowed temporary amendment to the Local Government (General) Regulation, Council continue its research and costings in respect of remote attendance at Council meetings prior to considering and deciding on any amendments to its own Code of Meeting Practice or in response to the foreshadowed amendment to the Regulation. Page Number 21 General Meeting 14 April 2021
Hornsby Shire Council Agenda and Summary of Recommendations Page 5 Item 4 CS15/21 INVESTMENTS AND BORROWINGS FOR 2020/2021 - STATUS FOR PERIOD ENDING 28 FEBRUARY 2021 RECOMMENDATION THAT the contents of Director’s Report No. CS15/21 be received and noted. Page Number 24 Item 5 CS16/21 PECUNIARY INTEREST AND OTHER MATTERS RETURNS - DISCLOSURES BY COUNCILLORS AND DESIGNATED PERSONS RECOMMENDATION THAT Council note the Disclosure of Pecuniary Interests and Other Matters Returns recently lodged with the General Manager have been tabled as required by the Local Government Act. COMMUNITY AND ENVIRONMENT DIVISION Page Number 27 Item 6 CE5/21 RENAMING OF THE PENNANT HILLS COMMUNITY NURSERY RECOMMENDATION THAT Council: 1. Receive and note the contents of Director’s Report No. CE5/21. 2. Adopt Warada Ngurang Community Nursery as the community nursery’s official name. 3. Mark the renaming with a Welcome to Country and Smoking Ceremony. 4. Update signage to reflect the newly renamed Warada Ngurang Community Nursery. Page Number 30 Item 7 CE6/21 COUNCIL MANAGED CROWN LAND - LAND CATEGORIES RECOMMENDATION THAT Council: 1. Request approval from the Minister administering the Crown Land Management Act to accept the land categories assigned for the 90 Crown Reserves for which Council is the Crown Land Manager, as shown in Attachment A to Director’s Report No. CE6/21. 2. Request approval from the Minister administering the Crown Land Management Act to accept the proposed classification of operational land for the Beecroft Village Carpark, Beecroft and Wharf Reserve Carpark, Brooklyn as shown in Attachment B to Director’s Report No. CE6/21. General Meeting 14 April 2021
Hornsby Shire Council Agenda and Summary of Recommendations Page 6 3. Request approval from the Minister administering the Crown Land Management Act to accept Council’s resignation as Crown Land Manager for the Berowra Station Carpark and bushland reserve in Dural currently occupied by the Kangaroo Protection Cooperative. 4. Authorise the General Manager to approve the provision of any documentation required to support Council’s proposed land categories, proposed operational land classification and resignation as Crown Land Manager. Page Number 36 Item 8 CE8/21 MARK TAYLOR OVAL - SUB FUNDING AGREEMENT BETWEEN COUNCIL AND THE NORTHERN DISTRICT CRICKET CLUB RECOMMENDATION THAT: 1. The contents of Director’s Report No. CE8/21 be received and noted. 2. Council confirm its support to enter into arrangements with Northern District Cricket Club to deliver components of the upgrade of Mark Taylor Oval. 3. Subject to point 2, Council endorse the sub funding agreement and tripartite agreement attached to Director’s Report No. CE8/21. 4. Subject to the terms generally outlined in Director’s Report No. CE8/21 and any changes recommended by Council’s legal advisers, Council delegate authority to the General Manager to sign the agreements attached to Director’s Report No. CE8/21. PLANNING AND COMPLIANCE DIVISION Page Number 41 Item 9 PC8/21 STANDARD INSTRUMENT AMENDMENT - SIZE OF SECONDARY DWELLINGS IN RURAL ZONES RECOMMENDATION THAT: 1. Council endorse an amendment to the Hornsby Local Environmental Plan 2013 to include a new Clause 5.5 to reinstate a maximum size for secondary dwellings in Rural Zones. 2. The Department of Planning, Industry and Environment be advised that Council’s nominated size is 120sqm or 10% in accordance with Option 3 as detailed in Director’s Report No. PC8/21. INFRASTRUCTURE AND MAJOR PROJECTS DIVISION Page Number 47 General Meeting 14 April 2021
Hornsby Shire Council Agenda and Summary of Recommendations Page 7 Item 10 IM2/21 DRAFT MASTER PLANS FOR HORNSBY AND WESTLEIGH PARKS RECOMMENDATION THAT Council: 1. Endorse the public exhibition of the Draft Master Plans for Hornsby and Westleigh Parks for a period of 42 days. 2. Acknowledge that a financially responsible approach requires that the projects be staged commensurate with available funding. 3. Acknowledge that the estimated cost of both projects and more importantly Council’s ability to cover operational, maintenance and renewal costs means that there will be a need to focus on the delivery of one project. 4. Confirm that it wishes to focus on the delivery of Hornsby Park and for this to be expressed in the messaging associated with the public exhibition. 5. Require the results of the public exhibition to be reported to the July General Meeting of Council. PUBLIC FORUM – NON AGENDA ITEMS QUESTIONS ON NOTICE MAYOR'S NOTES Page Number 56 Item 11 MN3/21 MAYORS NOTES FROM 01 MARCH TO 31 MARCH 2021 NOTICES OF MOTION Page Number 57 Item 12 NOM1/21 HORNSBY SHIRE'S NATIVE WILDLIFE COUNCILLOR HEYDE TO MOVE That Council: 1. Note that Hornsby Shire is characterised by its unique bushland and diverse range of native wildlife. 2. Note that thirty-one Wildlife Protection Areas have been designated by Council to help preserve our region's unique biodiversity. 3. Note that residents can help our wildlife thrive by keeping cats contained within their own property and by keeping them inside at night. General Meeting 14 April 2021
Hornsby Shire Council Agenda and Summary of Recommendations Page 8 4. Recognise the essential role that volunteer wildlife rescuers and carers play in treating, rehabilitating, rehoming and advocating for our local wildlife. 5. Council formally thank our volunteer wildlife rescuers for their work within Hornsby and across the state acknowledging their ongoing commitment and expertise. SUPPLEMENTARY AGENDA MATTERS OF URGENCY General Meeting 14 April 2021
General Manager's Report No. GM16/21 ITEM 1 Office of the General Manager Date of Meeting: 14/04/2021 1 DRAFT 2021-2022 DELIVERY PROGRAM INCLUDING THE OPERATIONAL PLAN, BUDGET AND FEES AND CHARGES 2021/22 - ADOPTION FOR PUBLIC EXHIBITION EXECUTIVE SUMMARY • A draft 2021-2022 Delivery Program including the Operational Plan 2021/22 has been developed and includes budget information at the service and organisational levels, the rates proposed to be charged to ratepayers and the fees to be charged for the domestic waste service. Other fees and charges proposed for 2021/22 are included in a separate document. • The draft documents are predicated on Council maintaining current levels of service in 2021/22 as well as capital expenditure of $56.36 million. Also included are 186 key initiatives in total, which includes 125 actions identified through the recent adoption of strategy and technical documents and internal planning processes. • The draft Operational Plan 2021/22 is based on the 2% rate increase approved by IPART for the 2021/22 financial year and provides for a budget surplus of $1.4 million based on a Net Operating and Capital Result after Funding. This result is $100K below that forecasted in the revised LTFP of $1.5 million. • The surplus forecasted for 2021/22 is satisfactory in providing Council with financial capacity to respond to potential budget shocks that may occur over the financial year. RECOMMENDATION THAT Council: 1. Adopt for public exhibition the draft 2021-2022 Delivery Program and Operational Plan 2021/22 which includes the draft Budget, Fees and Charges and Rating Structure for 2021/22 and make available for public comment from 15 April to 17 May 2021. 2. Note the rating information contained in the draft 2021-2022 Delivery Program and Operational Plan 2021/22 is in line with the Independent Pricing and Regulatory Tribunal’s rate increase approval for NSW councils (i.e. a 2% rate increase for 2021/22). 3. Following public exhibition, and before 30 June 2021, a report be prepared which outlines any submissions received and recommends the adoption of the 2021-2022 Delivery Program and Operational Plan 2021/22, including Budget, Fees and Charges and Rating Structure. General Meeting 14 April 2021 Business Paper Page 1
Hornsby Shire Council Report No. GM16/21 Page 2 PURPOSE The purpose of this Report is to present to Council for adoption the draft 2021-2022 Delivery Program ITEM 1 including the Operational Plan 2021/22 (incorporating the Budget, Fees and Charges and Rating Structure for 2021/22), such that the draft documents can be publicly exhibited from Thursday 15 April to Monday 17 May prior to being reconsidered for final adoption by Council in June 2021. BACKGROUND By 30 June in the year following local government elections, all councils are required to develop a 10- year community strategic plan, supported by a four-year delivery program and a one-year operational plan as well as a resourcing strategy. The purpose is to identify the main priorities and aspirations for the future of the local government area and the resources required to move to that preferred future. The Office of Local Government has mandated an integrated planning and reporting framework which approaches business planning based on community aspirations and preferences. It requires that the community be presented with the key issues and challenges facing the Shire in order that they can have deliberative input into how Council, other government agencies and the community will respond to those issues and challenges. Council’s Community Strategic Plan, Your Vision | Your Future 2028, was adopted on 13 June 2018. Council’s original term of office was for three years, September 2017 to September 2020. To address the risks posed by the COVID-19 pandemic, NSW Council elections proposed for September 2020 were postponed by 12 months (OLG Circular No. 20-10 / 25 March 2020), thereby extending the current term of office for Council to four years. The integrated planning and reporting framework also require that the four-year delivery program and one-year operational plan be reviewed annually. This review process has now occurred for the 2021/22 financial year. DISCUSSION Draft 2021-2022 Delivery Program including the Operational Plan 2021/22 The draft 2021-2022 Delivery Program is Council’s response to the aspirations in Council’s Community Strategic Plan, Your Vision | Your Future 2028. The Delivery Program describes Council’s commitment to the community during its term of office and contains the principal activities to be undertaken. Those principal activities are aligned to the Services that Council carries out with the required funding allocated. The draft Operational Plan for 2021/22 is encapsulated within the Delivery Program. It outlines the individual key initiatives, ongoing activities and capital works that will be undertaken and includes Council’s detailed annual budget and Statement of Council’s Revenue Policy which includes the proposed rates, fees and charges. Council has undertaken significant community engagement throughout 2020/21, to inform the preparation of numerous strategic studies. A number of these studies have been adopted by Council, i.e. Sustainable Hornsby 2040, Biodiversity Conservation Strategy, Urban Forest Strategy, Water Sensitive Hornsby Strategy and Climate Wise Hornsby Plan, with further strategies, i.e. Play Plan, Economic Development and Tourism, Employment Lands, Walking and Cycling Strategy, to be considered by Council for adoption this financial year. The draft 2021-2022 Delivery Program and draft 2021/22 Operational Plan includes 125 high priority actions which are identified in these strategies. Key initiatives outlined in the draft 2021-2022 Delivery Program including the draft Operational Plan 2021/22 include: General Meeting 14 April 2021 Business Paper Page 2
Hornsby Shire Council Report No. GM16/21 Page 3 • Progressing Hornsby Park and Westleigh Park • Completing the refurbishment of Hornsby Library ITEM 1 • A new roof for Galston Aquatic and Leisure Centre • Construction of a new boat ramp at Wisemans Ferry, with financial assistance from The Hills Shire Council and NSW Government • An investigation into options for electric vehicle charging stations on public land • Installation of a range of energy efficient measures such as LED lighting and the investigation of solar panels • Completion of the Hornsby Town Centre Review • Confirmation of a vision for rural lands, with the exhibition and adoption of the Rural Lands Study • Preparation of a new Community Strategic Plan and Delivery Program • Establishment of an Audit, Risk and Improvement Committee • Development of a digital strategy, outlining how Council will use technology to transform the digital customer experience. Research undertaken in 2017 for the development of the Community Strategic Plan, Your Vision | Your Future 2028 found that 99% of residents believe they have a good to excellent quality of life. This was reaffirmed in a later survey carried out in March 2020 where 96% of residents believe they have a good to excellent quality of life due to a wide combination of factors. In essence, Hornsby Shire is a community that has high expectations for the quality of life and services enjoyed by residents, businesses and visitors. These expectations can best be met by Council if it continues to provide services at the levels provided in the past, including a strong focus on capital works. Capital works which are detailed in the Operational Plan 2021/22 total $56.36 million, of which $22.8 million is funded by grants and $16.1 million is funded by section 7.11 / section 7.12 development contributions. The capital projects proposed for 2021/22 include: • $21 million on progressing the Hornsby Park and Westleigh Park major projects • $2 million to embellish existing community centres • Various drainage improvements worth more than $1 million • Local footpath improvements worth almost $1 million • Local road improvements worth more than $3 million • $8.2 million to improve various parks and sporting facilities including Warrina Street Oval, Berowra; Brickpit Park, Thornleigh; Hunt Reserve, Mount Colah; Erlestoke Park, Castle Hill; Ruddock Park, Westleigh; Lisgar Gardens, Hornsby; Pennant Hills Park and Mark Taylor Oval, Waitara • Over $1.9 million on bushland recreational improvements, including walking track upgrades to the Great North Walk and links in the Berowra to Cowan area, and Stages 2 and 3 of Hornsby Heritage steps trail and restoration General Meeting 14 April 2021 Business Paper Page 3
Hornsby Shire Council Report No. GM16/21 Page 4 • Over $1 million on Catchment Remediation Rate projects including installation of gross pollutant traps, biofiltration basins and stormwater harvesting at Ron Payne Park, and Edward ITEM 1 Bennett Park. The draft 2021/22 Budget Council staff commenced the preparation of the draft 2021/22 Budget in December 2020. To minimise some of the financial constraints and considerations impacting local government generally and Council specifically, and to avoid excessive bids for funding which could not be met, the draft 2021/22 budget parameters included: • Alignment with the parameters and projects identified in the Long-Term Financial Plan (LTFP), adopted by Councillors at the 13 March 2019 General Meeting and endorsed by Councillors at various briefing workshops held during November 2020 and February 2021. These briefing workshops were held to consider revised economic conditions impacting Council’s financial position and plan for any necessary budget adjustments as required in future annual budgets. • The main LTFP projects for inclusion in the annual 2021/22 budget include: Asquith to Mount Colah public domain of $2 million (part allocation), Footpath budget increased to $1 million, Heritage Planning Study $425K, and major project budget allocation for 2021/22 (part allocation) of Hornsby Park Redevelopment of $18 million and Westleigh Park Redevelopment at $3 million. • A general rate increase of 2% for 2021/22 – i.e. the percentage increase approved by IPART. • Zero external loan borrowing and the continuation of prudent financial management. • A nil increase to Divisional expenditure (net of direct labour) for material and contract expenditure – this is despite substantial price increases, particularly for construction materials. Any increase has been required to be offset by productivity improvements or reviewing service provision. • Direct salaries and wages to include provision for the Local Government (State) Award increase of 2% calculated on 50 pay weeks. The two-week reduction from a full year represents organisational savings which occur as a result of the average delay in replacing staff members who retire/resign/etc. and/or productivity improvements that are required. • The use of Council staff where possible to undertake grant funded projects and Section 7.11 and 7.12 Development Contributions projects. • Increase superannuation from 9.5% to 10% in line with statutory requirements. • Allowable insurance premium increase ranging from 10% to 20% based on quotes received. • Office relocation and other alternative site costs required due to the closure of the Administration Centre building. The draft 2021/22 budgeted cash surplus after applying the parameters above and priorities identified in the revised LTFP is $1.4 million. Whilst this budgeted cash surplus is $100K below what was forecasted in the revised LTFP, it is a satisfactory amount that will enable Council to respond to budget shocks that may occur over the financial year. This often includes natural disasters such as storm events, infrastructure failure and/or capital project increases. General Meeting 14 April 2021 Business Paper Page 4
Hornsby Shire Council Report No. GM16/21 Page 5 It is noted that two expenditure requests have been considered by Councillors for inclusion into the 2021/22 Annual Budget subject to the results of several service reviews that are being undertaken. ITEM 1 The results of these service reviews will be known during the exhibition period with an update being provided as part of the final adoption of the Delivery Program at the General Meeting of Council in June 2021. These two expenditure requests are: • A net recurrent budget of $72K representing Council’s share of the expenditure is required to implement and maintain newly identified bushfire asset protection zones within the Shire. It is anticipated that the Rural Fire Service will provide funding for 90% of this initiative with Council’s ability to undertake the work is predicated on these funds being received. • A recurrent budget of $15K is required to implement initiatives recommended by the Hornsby Aboriginal and Torres Strait Islander Consultative Committee such as cultural awareness training and an increased number of Welcome to Country and Smoking Ceremonies at the beginning of Council Meetings and Citizenship Ceremonies. Fees and Charges The proposed Fees and Charges for 2021/22 have been reviewed and increased by the CPI or by an amount which has regard to market conditions and the appropriate cost recovery level. Opportunities to recover administrative and overhead costs in respect of business activities have also been investigated and implemented where appropriate. Where applicable, the final price includes GST which does not contribute revenue to Council but is forwarded to the Federal Government. For 2021/22, most fees and charges have been increased by a CPI forecast of 1.4%. In respect to the Domestic Waste Management charge, increases in line with CPI have also been required due to the need to fund future waste management initiatives under Council’s waste management strategy. Rating Structure Council reviewed its rating structure at the April 2006 Ordinary Meeting when it considered Executive Manager’s Report No. CC20/06. That structure has applied in respect of the calculation of the rates since that time and it is recommended that the same rating structure continue in 2021/22. Details of the rates types and yields, rating categories, base amounts, minimum rates for business properties, ad valorem amounts, and other statutory rating information are set out in the draft Operational Plan document. The Valuer General supplied Council with new land values for properties across the Shire as at 1 July 2019. These values have been used for the 2021/22 financial year and will continue to be used for the 2022/23 financial year. The rating information is in line with the 2% increase approved by IPART for 2021/22. The base amount for ordinary, residential and farmland rates will increase from $570 in 2020/21 to $582 in 2021/22. CONSULTATION The exhibition of the draft 2021-2022 Delivery Program including the Operational Plan 2021/22, and draft Fees and Charges 2021/22 falls into the inform and consult engagement levels, as outlined in Council’s draft Community Engagement Plan. The formal public exhibition period for these draft documents is from Thursday 15 April to Monday 17 May 2021. The community will be informed about the draft 2021-2022 Delivery Program including the Operational Plan 2021/22, and draft Fees and Charges 2021/22 through the following channels: • Advertisement on Council’s website – Have Your Say General Meeting 14 April 2021 Business Paper Page 5
Hornsby Shire Council Report No. GM16/21 Page 6 • Council’s eNews – April edition • Social Media (Facebook) ITEM 1 • Advertising and Mayor’s message – Bush Telegraph, Galston & Glenorie News, Dural Roundup, Hornsby Ku-ing-gai Post and Living Heritage • Council Advisory Committees During the exhibition period the community will be invited to provide feedback on the draft documents. A summary of this feedback will be provided to Council for consideration at the 9 June 2021 Council general meeting, along with any recommended amendments to the draft 2021-2022 Delivery Program, the draft Operational Plan 2021/22 and draft Fees and Charges 2021/22 as a result of public input. BUDGET Any budget implications have been included in the Discussion section of this Report. POLICY The draft 2021-2022 Delivery Program including the Operational Plan 2021/22 is Council’s principal instruction to the organisation and describes Council’s commitment to the community during its remaining term of office and beyond. CONCLUSION The draft 2021-2022 Delivery Program including Operational Plan 2021/22 (including the Budget, Fees and Charges and Rating Structure) encompasses Council’s prudent and financially viable response to the community’s priorities and expected levels of service. Public exhibition of these documents provides an opportunity for the community to give feedback on any proposed initiative or activity for 2021/22. That feedback will be considered by Council prior to final adoption of the documents in June 2021. RESPONSIBLE OFFICER The officers responsible for the preparation of this Report are the Chief Financial Officer – Duncan Chell and the Manager, Strategy and Place Unit – Louise Gee, who can be contacted on 9847 6822 and 9847 6531 respectively. GLEN MAGUS STEVEN HEAD Director - Corporate Support General Manager Corporate Support Division Office of the General Manager General Meeting 14 April 2021 Business Paper Page 6
Hornsby Shire Council Report No. GM16/21 Page 7 Attachments: 1. Draft 2021-2022 Delivery Program including the Operational Plan 2021/22 ITEM 1 2. Draft Fees and Charges 2021/22 File Reference: F2020/00348 Document Number: D08126019 General Meeting 14 April 2021 Business Paper Page 7
General Manager's Report No. GM17/21 ITEM 2 Office of the General Manager Date of Meeting: 14/04/2021 2 DRAFT COMMUNITY ENGAGEMENT POLICY AND PLAN EXECUTIVE SUMMARY • In February 2020, Council completed a Communications and Engagement Strategy, including four associated policies, to guide all communication and engagement activities. • One of these policies is the draft Community Engagement Policy, which outlines Council’s commitment to building open, transparent and active relationships with the community. • The draft Community Engagement Plan supports the draft Policy and provides a guide for staff and consultants in the deliverance of best-practice community and stakeholder engagement with high-quality outcomes. • It is recommended that Council adopt the draft Community Engagement Policy and the draft Community Engagement Plan for the purpose of placing both documents on exhibition for a period of 42 days. RECOMMENDATION THAT: 1. Council endorse the exhibition of the draft Community Engagement Policy attached to General Manager’s Report No. GM17/21. 2. Council endorse the exhibition of the draft Community Engagement Plan attached to General Manager’s Report No. GM17/21. 3. A further report be brought to Council following the conclusion of the exhibition and submission period. General Meeting 14 April 2021 Business Paper Page 8
Hornsby Shire Council Report No. GM17/21 Page 2 PURPOSE The purpose of this Report is to seek Council’s approval to place the draft Community Engagement ITEM 2 Policy and the draft Community Engagement Plan on public exhibition for a period of 42 days. BACKGROUND In June 2019, Council engaged an external consultant to develop a Communications and Engagement Strategy, and supporting policies, to guide all communication and engagement activities. The supporting policies are as follows: - 1. Media Policy 2. Social Media Policy for Councillors 3. Crisis Communication Policy 4. Community Engagement Policy In February 2020, the Communications and Engagement Strategy was completed, including four associated policies, to guide all communication and engagement activities. At the 8 July 2020 General Meeting, two draft policies were adopted by Council – the Media Policy and Social Media Policy for Councillors. The 8 July 2020 report to Council also advised that a draft Community Engagement Policy had been developed and would be presented to Council when the draft Community Engagement Plan was finalised. The draft Community Engagement Policy and the draft Community Engagement Plan were presented to an informal workshop in March 2021. DISCUSSION In developing these documents, we have adopted the following approach: 1. Draft Community Engagement Policy – our commitment to the community. 2. Draft Community Engagement Plan – how Council will implement the draft Policy (incorporates and replaces the current Community Participation Plan (CPP). Draft Community Engagement Policy The purpose of this Policy is to outline Council’s commitment to building open, transparent and active relationships with the community. The Policy articulates the standards and principles that underpin all engagement practice within Council and outlines the high-level process by which engagement is planned and implemented. It includes: • Policy purpose • Policy statement • Policy standards • Policy principles • Policy application • Policy Implementation Seven core principles drive Council’s approach to engaging the public. The principles are: General Meeting 14 April 2021 Business Paper Page 9
Hornsby Shire Council Report No. GM17/21 Page 3 1. Strategy-led Our engagement activities are informed, intentional and led by a strategy that supports the vision and ITEM 2 purposes of Council. We want to find better, smarter ways and our growth mindset means we’re always looking to see how we can improve. 2. Proactive Our engagement activities are rigorous and comprehensive. We engage so we can make decisions with the community, rather than for the community. Engagement helps us look to the future to anticipate needs. 3. Open and inclusive Our engagement is strategic and captures accurate information that represents our community as a whole. We exist to serve the residents of Hornsby Shire – we’re here for every person in every suburb. We provide a safe environment, so stakeholders feel comfortable and confident to be part of the decision-making process. We welcome respectful discussion and engagement. 4. Easy Our engagement activities are easily accessible for our diverse community. We will present easy-to- understand information that is written in plain English, with simple but memorable visuals and opportunities for feedback. We’re committed to two-way conversations where we lean in, listen carefully and speak clearly. 5. Relevant Our engagement activities are purposeful and can be adapted to suit the context, nature, scale and levels of community interest in a project, plan or issue. We will capture our learnings from each engagement to continuously improve our engagement activities. 6. Timely Our engagement activities will meet the required minimum legislated exhibition timeframes (where applicable). Depending on the nature of the project, plan or issue, we will set stakeholder feedback timeframes. 7. Meaningful Our engagement activities are designed to help stakeholders become aware, informed and meaningfully involved in all of Council’s decisions. Council will advise stakeholders how their input has influenced decisions. We will clearly articulate our vision for Hornsby Shire and explain reasons behind decisions Draft Community Engagement Plan The purpose of the draft Plan is to explain our commitment to our community in how we approach all engagement at Council and how they can be involved in making Hornsby Shire an even better place to live. It includes: • Seven core principles on how we will engage with the community • An Engagement Framework that responds to the needs of different stakeholders and incorporates aspects of the International Association for Public Participation’s (iap2) spectrum • Our approach to public engagement at each participation level in the iap2 spectrum • How to have your say General Meeting 14 April 2021 Business Paper Page 10
Hornsby Shire Council Report No. GM17/21 Page 4 • How we will monitor and evaluate feedback As with the draft Policy, there are seven core principles guiding our approach to public engagement. ITEM 2 The principles are: 1. Community engagement is strategy-led We will: • Work with you to make better decisions • Ensure public contributions influence decision making • Value the feedback you provide on how we can improve We will do this by: • Building open, transparent and active relationships with you • Continuously exploring better, smarter ways that we engage with you 2. Community engagement is proactive We will: • Actively provide opportunities for you to be involved in decisions that you are interested in • Seek input from you in designing how you can participate We will do this by: • Ensuring we know why and who we are engaging • Being upfront about which decisions you can influence and those which are non-negotiable 3. Community engagement is open and inclusive We will: • Keep you informed about project and planning matters • Provide a safe environment so you feel comfortable and confident to be part of the decision- making process • Engage our community strategically to ensure the information we capture is accurate and represents our community as a whole We will do this by: • Using a variety of engagement methods so everyone can participate, no matter their group or age • Hosting a range of information and engagement events at venues throughout Hornsby that are easy for you to access. 4. Community engagement is easy We will: • Present you with information that is written in plain English and easy to understand • Provide a content translation conversion service General Meeting 14 April 2021 Business Paper Page 11
Hornsby Shire Council Report No. GM17/21 Page 5 • Clearly show you the purpose of any engagement activity and how and when you can be involved ITEM 2 • Use visual aids when it’s appropriate We will do this by: • Advertising opportunities for you to participate as widely as possible through channels like email, newspaper, media releases, social media, our website and direct mail • Giving you multiple ways to give us feedback like email, through the post or speaking to us • Making it easy for you to visualise a proposed project or plan by using interactive maps or 3D representations 5. Community engagement is relevant We will: • Define the purpose of our engagement activities and adapt them to suit the context, nature, scale and the level of community interest in the project, plan or issue We will do this by: • Targeting our engagement campaigns, surveys or information available on social media to specific community groups • Sending you information relevant to a project or planning matter you tell us you’re interested in • Reviewing the outcomes of previous consultations so we can learn how we can do it better next time 6. Community engagement is timely We will: • Involve you as early as possible in planning processes for plans and projects • Meet the required minimum exhibition timeframes • Give you plenty of time to give us feedback We will do this by: • Notifying you early in the exhibition timeframe on how you can be part of making decisions via our website, local print publications and media releases • The timeframe for you to give us feedback will depend on the nature of the proposed plan or project 7. Community engagement is meaningful We will: • Keep giving you meaningful opportunities to be part of council decisions that affect you • Thoughtfully consider your feedback • Report back to you about the reasoning behind our decisions We will do this by: General Meeting 14 April 2021 Business Paper Page 12
Hornsby Shire Council Report No. GM17/21 Page 6 • Amending our plans or giving you more information as a result of your feedback The draft Plan also incorporates the current Community Participation Plan (CPP). Revisions have ITEM 2 been made to the CPP content to reflect the changes from print advertising to digital/website, and the move to development applications being lodged via the NSW Government ePlanning Portal. CONSULTATION The draft Community Engagement Policy and Community Engagement Plan falls into the inform and consult engagement levels outlined in Council’s draft Community Engagement Plan. The draft documents will be publicly exhibited for a period of 42 days to enable the community and key stakeholders to provide feedback. The community will be informed about the draft Community Engagement Policy and Community Engagement Plan through the following channels: - • Advertisement on Council’s website – Have Your Say • Council’s eNews – April edition • Social Media (Facebook) • Advertising and Mayor’s message – Bush Telegraph, Galston & Glenorie News, Dural Roundup, Hornsby Ku-ing-gai Post and Living Heritage • Council Advisory Committees During the exhibition period the community will be invited to provide feedback on the draft documents. A summary of this feedback will be provided to Council for consideration at a future Council meeting, along with any recommended amendments to the draft Community Engagement Policy and/or Plan as a result of public input. BUDGET There are no budgetary implications associated with this Report. POLICY The draft Community Engagement Policy acts as a guide for Council staff and representatives who engage in public consultation with the Hornsby Shire community. It articulates the standards and principles that underpin all engagement practice within Council and outlines the high-level process by which engagement is planned and implemented. CONCLUSION The draft Community Engagement Policy and draft Community Engagement Plan act as a guide for Council staff and representatives who communicate and engage with our community on behalf of Council. RESPONSIBLE OFFICER The officer responsible for the preparation of this Report is the Communications and Engagement Manager – Tracy Bass - who can be contacted on 9847 6790. General Meeting 14 April 2021 Business Paper Page 13
Hornsby Shire Council Report No. GM17/21 Page 7 ITEM 2 LOUISE GEE STEVEN HEAD Manager - Strategy and Place General Manager Office of the General Manager Office of the General Manager Attachments: 1. Draft Community Engagement Policy 2. Draft Community Engagement Plan File Reference: F2018/00308 Document Number: D08128316 General Meeting 14 April 2021 Business Paper Page 14
Director's Report No. CS19/21 ITEM 3 Corporate Support Division Date of Meeting: 14/04/2021 3 OFFICE OF LOCAL GOVERNMENT CONSULTATION PAPER - REMOTE ATTENDANCE BY COUNCILLORS AT COUNCIL MEETINGS EXECUTIVE SUMMARY • The “prescribed period” for the purposes of section 747A - COVID-19 Council Meetings of the Local Government Act, during which period the requirement for councillors and members of the public to attend meetings was satisfied if the meeting was held using audio-visual links, expired on 25 March 2021. The Government has recognised that most councils successfully implemented remote attendance by councillors at meetings by audio-visual link during the “prescribed period” and that some councils have consequently called for the option of remote attendance to be made available to them on an ongoing basis. • The Office of Local Government has issued a consultation paper - Remote Attendance by Councillors at Council Meetings - to seek the views of councils and others on proposed amendments to the Model Code of Meeting Practice aimed at allowing councils to permit individual councillors to attend meetings remotely by audio-visual link in certain circumstances. Whilst the OLG is consulting on the proposed amendments to the Model Meeting Code, the Government intends to make a temporary amendment to the Local Government (General) Regulation which will allow councils to permit individual (but not all) councillors to attend meetings by audio-visual link in defined circumstances until the end of December 2021. • Although staff are generally supportive of the proposed non-mandatory amendments to the Model Code, it is appropriate for Council to undertake appropriate research and costings in respect of remote attendance at Meetings during the current consultation period and prior to considering and deciding on any amendments to its own Code of Meeting Practice. RECOMMENDATION THAT: 1. The contents of Director’s Report No. CS19/21 be received and noted. 2. Council authorise the General Manager to make a submission in response to the consultation paper - Remote Attendance by Councillors at Council Meetings - in line with the matters raised in Director’s Report No. CS19/21. 3. Noting the NSW Government’s foreshadowed temporary amendment to the Local Government (General) Regulation, Council continue its research and costings in respect of remote attendance at Council meetings prior to considering and deciding on any amendments to its own Code of Meeting Practice or in response to the foreshadowed amendment to the Regulation. General Meeting 14 April 2021 Business Paper Page 15
Hornsby Shire Council Report No. CS19/21 Page 2 PURPOSE The purpose of this Report is to: ITEM 3 • Advise Council that the “prescribed period” for the purposes of section 747A of the Local Government Act, during which period the requirement for councillors and members of the public to attend meetings was satisfied if the meeting was held using audio-visual links, expired on 25 March 2021. • Advise Council that the Office of Local Government (OLG) has issued a consultation paper - Remote Attendance by Councillors at Council Meetings - to seek the views of councils and others on proposed amendments to the Model Code of Meeting Practice for Local Councils in NSW which would allow councils to permit (some but not all) councillors to attend meetings remotely by audio-visual link in certain circumstances commencing in 2022. • Provide Council with information to assist in determining if it wishes, if and when foreshadowed temporary amendments are made to the Local Government (General) Regulation, to allow Councillors to attend meetings remotely by audio-visual link in defined exceptional circumstances until the end of December 2021. BACKGROUND Temporary amendments were made to the Local Government Act in March 2020 in response to the COVID-19 pandemic allowing councillors to participate in meetings remotely by audio-visual link. Most councils have successfully implemented remote attendance by councillors at meetings by audio-visual link during the pandemic. From 26 March 2021, councils are once again required under section 10 of the Act to permit members of the public to attend meetings in person, subject to the requirements of any Public Health Order in force at the time and social distancing requirements. Some councils have called for the option of remote attendance by councillors to be made available to them on an ongoing basis from 26 March 2021 to encourage greater diversity of representation. The NSW Government has agreed that allowing remote attendance may serve to remove some of the impediments that currently prevent underrepresented groups from serving on their local councils. The Government is, therefore, proposing to amend the Model Code of Meeting Practice for Local Councils in NSW to include non-mandatory provisions which would allow councils to permit councillors to attend council and committee meetings remotely by audio-visual link in certain circumstances. While councils are required to resume meeting in person from 26 March 2021, the NSW Government has foreshadowed an intention to make interim amendments to the Local Government (General) Regulation which would allow councils to permit individual (but not all) councillors to attend meetings remotely until 31 December 2021. While the Government strongly supports the objective of encouraging greater diversity of representation on councils, their view is that this should be counterbalanced by the need to ensure communities are effectively represented by their elected councillors. The Government believes that to be effective local elected representatives, councillors need to live or work in the area and should exercise their duties diligently. Councillors should not, for example, be permitted to move interstate or overseas and attend every third meeting remotely to collect their fees. Councillors should also not be permitted to attend meetings while at work where their attention may be focused on matters other than council business. To ensure this does not occur, the grounds on which councillors will be permitted to attend meetings by audio-visual link will be limited by the NSW Government. General Meeting 14 April 2021 Business Paper Page 16
Hornsby Shire Council Report No. CS19/21 Page 3 Under the proposed new provisions, councils will only be able to give approval for individual councillors to attend meetings remotely by audio-visual link where the councillor is prevented from ITEM 3 attending the meeting because of ill health, disability, carer responsibilities, natural disaster or, on a limited number of occasions in each year, because they are absent from the local area due to a prior work commitment. The Government recognises that remote attendance by councillors at meetings by audio-visual link may not be supported by all councils or may pose insurmountable logistical and technological challenges for some councils. For this reason, the proposed new provisions will not be mandatory, and councils will be able to choose whether to include them in their adopted codes of meeting practice. DISCUSSION The following is a summary, as it would apply to Hornsby Shire Council, of what the OLG is proposing in its consultation paper - Remote Attendance by Councillors at Council Meetings: • “Audio-visual” link will be defined as “a facility that enables audio and visual communication between persons at different places”. • Councillors will be permitted to attend a Meeting by audio-visual link with the prior approval of Council, or approval granted by the Council at the Meeting concerned, where they are prevented from attending the Meeting in person because of ill health, disability, carer responsibilities or natural disaster. • Councillors will also be permitted to attend a Meeting by audio-visual link with the prior approval of the Council, or approval granted by Council at the Meeting concerned, where they are prevented from attending the Meeting because they are absent from the local area due to a prior work commitment. (N.B. Councillors will not be permitted to attend Meetings by audio- visual link on these grounds on any more than three occasions in each year). • If a Councillor is proposing to seek the Council’s approval to attend a Meeting by audio-visual link at the Meeting concerned, they must first give the General Manager at least five (5) working days’ notice that they will be seeking the Council’s approval, to allow sufficient time for the necessary arrangements to be made for them to attend the Meeting remotely, should the Council give its approval. • If attending a Meeting by audio-visual link, Councillors will be required to do so from a location within NSW or within 100 kilometres of the NSW border. • Council will be required to act reasonably when considering whether to grant a Councillor’s request to attend a Meeting by audio-visual link. • Council will be permitted, however, to refuse a Councillor’s request to attend a Meeting by audio-visual link where that Councillor has failed to appropriately declare and manage conflicts of interest, observe confidentiality or comply with the Council’s Code of Meeting Practice on one or more previous occasions when they have attended a Meeting by audio- visual link. • The Code of Meeting Practice will apply to a Councillor attending a Meeting by audio-visual link in the same way it would if they attended the Meeting in person. • Councillors will be required to give their full attention to the business and proceedings of the Meeting when attending a Meeting by audio-visual link. General Meeting 14 April 2021 Business Paper Page 17
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