Supplementary Agenda of General Meeting

Infrastructure and Recreation Division

Date of Meeting: 10/08/2016

ITEM 12

IR22/16 - Request to Prune Tree - 1/40 Dean Street, West Pennant Hills

Additional information with NO CHANGE to Recommendation

The owners of 1/40 Dean Street, West Pennant Hills have sought Council approval for the pruning or, if possible, removal of two Eucalyptus saligna (Sydney Blue Gum) located at the front of the property. This request is the subject of Deputy General Manager’s Report No. IR22/16 being presented for Council’s consideration.

The owner’s application included supporting photographs and comments which illustrate branches that fell during a storm event experienced in January 2016.

These photographs are provided as supplementary information (Attachment 3) to the report prepared by the Deputy General Manager, Infrastructure and Recreation with no change to the recommendation.

RECOMMENDATION

THAT Council refuse consent to prune two Eucalyptus saligna (Sydney Blue Gum) located at the front of the property at 1/40 Dean Street, West Pennant Hills.

Robert Stephens

Deputy General Manager

Infrastructure and Recreation Division

Attachments:

1.View

Attachment 3 - Photos Provided by Owner in Tree Application Appeal - 1/40 Dean Street, West Pennant Hills

File Reference: TA/702/2015

Document Number: D07021304

Mayoral Minute No. MM4/16

Date of Meeting: 10/08/2016

15 APPOINTMENT OF AN ACTING GENERAL MANAGER - DELEGATION AND POWER OF ATTORNEY

At the 8 July 2015 General Meeting, Council considered Mayoral Minute No. MM5/15 – Resignation of General Manager and Appointment of an Acting General Manager – Delegation and Power of Attorney – and appointed the Deputy General Manager, Corporate Support – Mr Gary Bensley to be the Acting General Manager of Hornsby Shire Council from 26 August 2015 to 1 April 2016. Council also granted Mr Bensley a Delegation of Authority and a Power of Attorney to assist him in carrying out the duties of General Manager. In making its decision, Council’s expectation was that the NSW Government would be releasing its Fit for the Future council merger program by the end of 2015 and that a review of the Acting General Manager arrangements could be made at some stage following those announcements.

At the 10 February 2016 General Meeting, following the NSW Government’s announcement on 18 December 2015 that it was referring 34 individual council merger proposals (including one for the merger of Hornsby and Ku-ring-gai Councils) to delegates for examination and report on whether the mergers should go ahead, Council considered Mayoral Minute No. MM1/16 – Extension of Acting General Manager Appointment – and decided that it was appropriate for Mr Bensley’s acting arrangements to remain in place for a further period after 1 April 2016 whilst the merger proposals were being reviewed. Council resolved that if a decision was made by the Government for the Hornsby/Ku-ring-gai Council merger proposal to proceed, then Mr Bensley’s acting arrangements would continue for the period until the Government appointed an interim General Manager for the merged Council; or if the Government decided that Hornsby Shire Council was to remain as a standalone entity, then Mr Bensley’s acting arrangements would continue for the period until Council undertook a recruitment process and appointed a new General Manager. Council also resolved that Mr Bensley’s Delegation of Authority and Power of Attorney should continue in line with the above.

The delay in the Government’s decision on the Hornsby/Ku-ring-gai Council merger proposal until Ku-ring-gai Council’s legal action on this matter in the Courts is finalised (which potentially may include an appeal), has raised a matter that needs to be considered in respect of the Acting General Manager arrangements – i.e. Section 351 of the Local Government Act states that a person who is temporarily appointed to a position of General Manager may not continue in that position for a period of more than 12 months. As a consequence, if there is no decision on the merger of Hornsby and Ku-ring-gai Councils prior to 26 August 2016, Mr Bensley will no longer be able to act in the position of General Manager and another person will need to be appointed by Council to act as General Manager from that date.

Based on the above, and if no final decision on the merger of Hornsby and Ku-ring-gai Councils is forthcoming by 26 August 2016, I propose that the Deputy General Manager, Infrastructure and Recreation – Mr Bob Stephens be appointed as Council’s Acting General Manager from 26 August 2016. That appointment would be similar to what currently exists for Mr Bensley i.e. if the Hornsby/Ku-ring-gai Council merger is to proceed, Mr Stephens’ acting arrangements would remain in place until the Government proclaims the merger and appoints an interim General Manager for the merged Council; and if the merger is not to proceed, Mr Stephens’ acting arrangements would remain in place until Hornsby Shire Council undertakes a recruitment process and appoints a new General Manager. In line with the above, it would also be necessary for the Delegation of Authority and Power of Attorney currently provided to Mr Bensley to be transferred to Mr Stephens from 26 August 2016. In accordance with Council’s Higher Duties Determination and the arrangements that have applied to Mr Bensley since 26 August 2015, it is appropriate that whilst acting in the role of Acting General Manager, Mr Stephens’ Total Remuneration Package (TRP) should sit at 90% of the TRP for the position of General Manager.

Having regard to the abovementioned information, the matter is submitted to Council for consideration. The proposed wordings of the Delegation of Authority and Power of Attorney set out in the recommendation below have been reviewed by Council’s legal representative, Mr Ian Woodward at Woodward Legal.

RECOMMENDATION

THAT:

A. Council note that as at 26 August 2016, Mr Gary Bensley will have acted as General Manager for the maximum period of 12 months allowed under Section 351 of the Local Government Act.

B. If no decision is made by the NSW Government to merge Hornsby and Ku-ring-gai Councils by 26 August 2016, Council appoint the Deputy General Manager, Infrastructure and Recreation – Mr Robert Benjiman Stephens to be the Acting General Manager of Hornsby Shire Council from 26 August 2016.

C. In respect of B. above:

1. If, after 26 August 2016, the NSW Government decides that a merger of Hornsby and Ku-ring-gai Councils is to proceed, Mr Stephens act as Council’s General Manager until the Government proclaims the merger and appoints an interim General Manager for the merged Hornsby/Ku-ring-gai Council.

2. If, after 26 August 2016, the NSW Government decides that a merger of Hornsby and Ku-ring-gai Councils is not to proceed, Mr Stephens act as Council’s General Manager until Hornsby Shire Council undertakes a recruitment process for a General Manager and the new General Manager takes up that role.

D. On 26 August 2016, the Power of Attorney currently granted to Mr Gary Robert Bensley as Acting General Manager be revoked.

E. The following Delegation of Authority be granted to the Acting General Manager – Mr Robert Benjiman Stephens, from 26 August 2016:

Delegation of Authority

Pursuant to the powers of delegation conferred on Council by Sections 377 and 381 of the Local Government Act 1993, HORNSBY SHIRE COUNCIL delegates to ROBERT BENJIMAN STEPHENS, Acting General Manager of the Council, the power to exercise all the functions, powers, duties and authorities conferred upon Council pursuant to:

1. The Local Government Act 1993; and

2. The Environmental Planning and Assessment Act 1979; and

3. All other Acts whatsoever under which Council has functions, powers, duties and authorities; and

4. All regulations, by-laws, rules and the like made by or under any of the Acts referred to in 1, 2 or 3 above; and

Subject to any resolution made from time to time by the said Council and provided always that such delegation of powers shall not and shall not be deemed to extend to:

1. Any of the matters expressly reserved to the Council in Section 377 of the Local Government Act 1993;

2. The alteration of the meeting cycle of Council;

3. The overview and direction of business activities;

4. The role of the Mayor as provided for in and determined under Section 226 of the Local Government Act 1993;

5. Major unique items where no policy, practice or code of the Council exists;

6. Adoption of Local Environmental Plans, Development Control Plans and Section 94 Contribution Plans pursuant to the Environmental Planning and Assessment Act 1979;

7. Adoption of Council policies and codes;

8. Items in respect of which the Mayor or a Councillor has specifically requested the Acting General Manager to place before Council for determination by Council;

and that subject to the provisions of the Local Government Act 1993 and the other Acts referred to above the functions, powers, duties and authorities hereby delegated by Council to the General Manager pursuant to this resolution be unlimited as to the period during which they may be exercised.

F. The following Power of Attorney be granted to the Acting General Manager – Mr Robert Benjiman Stephens from 26 August 2016:

Power of Attorney

1. The Council appoints Mr Robert Benjiman Stephens, Acting General Manager of the Hornsby Shire Council, to be its Attorney. Council’s Attorney may exercise authority conferred on him by Part 2 of the Powers of Attorney Act 2003 to do on Council’s behalf anything Council may lawfully authorise an Attorney to do. Council’s Attorney’s authority is subject to any additional powers and restrictions specified in Part 2 of this document.

2. This Power of Attorney operates from 26 August 2016.

Part 2 – Additional Powers and Restrictions

This Power of Attorney is subject to the following conditions and limitations:

· This Power of Attorney authorises the Attorney to execute documents, dealings and instruments relating to the matter detailed in the Schedule and for the purpose of giving effect to resolutions of the Council where resolutions are required relating to the matters, including those detailed in the Schedule:

SCHEDULE

1. The creation (whether by acquisition or other means), disposal or extinguishment of an interest in land;

2. The creation, disposal, variation or extinguishment of a right, obligation, easement or other interest in land;

3. Contracts, and all other necessary documents, for the purchase and sale of land;

4. Licences and leases; and

5. Contracts for works, services and supply of goods.

G. Details of Mr Bensley’s period as Acting General Manager be included on the General Manager honour board in the Council Chambers.

STEVE RUSSELL

Mayor

Attachments:

There are no attachments for this report.

File Reference: F2004/09419-12

Document Number: D07022002

Mayoral Minute No. MM5/16

Date of Meeting: 10/08/2016

16 WEST SIDE HORNSBY URBAN BEAUTIFICATION PROJECT

The West Side is the historic heart of Hornsby and Council has placed a focus on its renewal recently completing a tree planting scheme along Peats Ferry Road designed to beautify the area and encourage patronage to the shops and restaurants in the precinct.

I consider that it would be appropriate for Council to undertake further beautification work in the form of a public mural to sustain the precinct until such time as redevelopment commences – public art has often been used to support urban renewal and beautification processes in metropolitan areas.

Dural Lane functions as an important link between the main public carparks and the shops on Peats Ferry Road, however is currently run down and is often the subject of graffiti and vandalism. As such it provides an ideal location for a new public mural. The proposed mural provides references to Hornsby’s history and in particular the iconic cartoon character, Ginger Meggs, who was “born” in the same location. The proposed mural would honour the heritage of the West Side by replicating and reinterpreting it in the form of public art.

The installation of a public mural in Dural Lane would also add to the annual West Side Vibe event and enable the positive environment created during the West Side Vibe to continue throughout the year.

Sufficient funds are available in a restricted account set aside for public art murals, such that the installation of the mural will not impact on Council’s overall operational budget.

RECOMMENDATION

THAT Council endorse the commissioning of a mural in Dural Lane, Hornsby as part of an ongoing urban beautification process on the West Side of Hornsby.

STEVE RUSSELL

Mayor

Attachments:

1.View	Dural Lane - Current Facade
2.View	Dural Lane - Proposed Mural

File Reference: F2009/00319

Document Number: D07022959

Mayoral Minute No. MM6/16

Date of Meeting: 10/08/2016

17 ACKNOWLEDGEMENT OF THE RETIREMENT OF MEMBERS OF HORNSBY ABORIGINAL AND TORRES STRAIT ISLANDER CONSULTATIVE COMMITTEE

Since 2006, Aunty Edna Watson, Allan Watson and Uncle Wes Marne have been members of Council’s Hornsby Aboriginal and Torres Strait Islander Consultative Committee (HATSICC). At the most recent meeting of HATSICC, the trio tendered their resignations from the Committee due to personal reasons.

It is appropriate that Council formally recognise the significant contribution that the group have made to the local Aboriginal community and the value that they have added to Council operations during that time.

HATSICC was established as a means for Council to consult with traditional owners of the lands that currently comprise the Hornsby Shire. They have served on this committee representing the Darug Custodians, in conjunction with representatives of the Shire's other Traditional Owner group, Guringai Tribal Link.

HATSICC was the first of its kind in Northern Sydney when it was established. It provides a direct connection to traditional owners of the land and local Aboriginal people and is unique in this respect.

Through HATSICC, Council has gratefully had the benefit of the input of Aunty Edna, Uncle Wes and Allan. They have graciously, generously, wisely and proudly represented and upheld the interests of Darug and Aboriginal history, culture and custodianship. They have worked tirelessly with Council and other key local organisations such as Hornsby Area Residents for Reconciliation to undertake projects like Children’s Voices for Reconciliation and the entry signage that recognises the traditional inhabitants that you still see on entry to the Shire today.

I am advised that HATSICC was held in such esteem by Aunty Edna that, on the occasion that the then Prime Minister Kevin Rudd delivered the National Apology in 2008, Aunty Edna declined other invitations, including invitations to Canberra, and chose to watch the Apology on television at a Hornsby Council event with her friends and supporters in the Hornsby area.

On behalf of Hornsby Council I would like to thank Aunty Edna, Uncle Wes and Allan Watson for their contribution to the Shire of Hornsby.

RECOMMENDATION

THAT Council recognise and formally thank Aunty Edna Watson, Allan Watson and Uncle Wes Marne for their significant contributions to the Hornsby Aboriginal and Torres Strait Islander Consultative Committee.

STEVE RUSSELL

Mayor

Attachments:

There are no attachments for this report.

File Reference: F2005/01147

Document Number: D07024284