MINUTES OF Ordinary Meeting
Held at Council Chambers, HORNSBY
on Wednesday, 11 February, 2009
at 6:35pm
PRESENT
Councillors Berman (Chairman),
Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart.
NOTE: Councillor Russell arrived
at the Meeting at 6.44 pm prior to Apologies.
NOTE: Councillor Browne arrived
at the Meeting at 6.48 pm during Presentations. He was not present for discussion
or voting on Apologies.
NATIONAL ANTHEM
OPENING PRAYER
Rev. Geoff Robson,
St John’s Anglican Church, Beecroft, 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."
ABORIGINAL RECOGNITION
Statement by the Chairman:
"We recognise the traditional inhabitants of the land
we are meeting on tonight, the Darug and Guringai Aboriginal people, and
respect is paid to their elders and their heritage."
NOTE: At this point in
the Meeting one minute's silence was observed in honour of those who have lost
their lives in the Victorian bushfires, as well as other members of the
community who are currently suffering hardship.
AUDIO RECORDING OF COUNCIL MEETING
Statement by the Chairman:
"I advise all present that
tonight's meeting is being audio recorded for the purpose of assisting in the
accuracy of the Minutes. The recordings may be accessed by members of the
public once the Minutes have been finalised and speakers are requested to
ensure their comments are relevant to the issue at hand and refrain from making
personal comments or criticisms."
APOLOGIES
Nil.
presentations
The Mayor and Councillor
McMurdo presented Mr Herb Smith, Council’s Aboriginal Community Facilitator and
members of the Hornsby Aboriginal Corporation with the Premier’s Excellence
Award, in the Strong Communities – Family Support and Assistance category.
The Mayor presented the Manager, Procurement – Ms
Robyn McKenzie and the Manager, Environmental Health and Sustainability – Ms
Julie Ryland with an award from ICLEI regarding Council's commitment to the
Cities for Climate Protection Australia Program - CCP Plus.
declarations of interest
COUNCILLOR
MILLS declared a non-significant non-pecuniary interest in Item 16 – Report No.
EN2/09 School Sportsground Extension,
Cherrybrook. Refer to that Item for details.
confirmation of minutes
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RESOLVED
ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Browne,
THAT
the Minutes of the Ordinary Council Meeting held on Wednesday 10 December
2008 be confirmed, a copy having been distributed to all Councillors.
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petitionS
Nil.
Mayoral Minutes
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27 MM2/09 CCTV
SPONSORSHIP PROPOSAL FOR THE HORNSBY MALL
(F2005/00389)
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RESOLVED ON THE MOTION OF COUNCILLOR Berman, seconded by COUNCILLOR Evans,
THAT:
1. Council note the CCTV sponsorship proposal that was tabled
at the Hornsby Mall Safety Committee Meeting on Tuesday, 10 February, 2009 by
ORION Integration Pty Ltd.
2. The Executive Manager, Corporate and Community and the
Executive Manager, Works present a joint report at the March Ordinary Meeting
providing:
a) An update on
the preparation of a Community Safety Plan.
b) An assessment of the proposal presented to the
Hornsby Mall Safety Committee on Tuesday, 10 February, 2009 by ORION
Integration Pty Ltd.
c) Details of any potential costs that may be
incurred by Council.
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28 MM1/09 VICTORIAN
BUSHFIRE APPEAL
(F2008/00105)
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RESOLVED
ON THE MOTION OF COUNCILLOR Berman, seconded by COUNCILLOR Hutchence,
THAT:
1. Council donate $10,000 from its
2008/09 Donations Programme to an appropriate Victorian bushfire appeal.
2. For the period to 30 June 2009, fees
for use of Council property for the purpose of a fundraising activity by a
charitable organisation to benefit a Victorian bushfire appeal be waived and
be met from the 2008/09 Donations Programme.
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Notices of Motion
Nil.
Rescission Motions
Nil.
MATTERS
OF URGENCY
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 3, 4, 6, 7, 8, 9, 15,
16, 17, 19, 20, 24 and 25 were withdrawn for discussion.
RESOLVED ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Mills,
THAT the recommendations in
respect of items 1, 2, 5, 10, 11, 12, 13, 14, 18, 21, 22 and 23 be adopted.
For the sake of clarity, the
above items are recorded in Agenda sequence.
GENERAL
BUSINESS
General Manager's Division
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1 GM1/09 CONTRACTUAL
CONDITIONS OF SENIOR STAFF
(F2009/00083)
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Mills,
THAT the contents of General Manager’s Report No. GM1/09
be received and noted.
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2 GM2/09 Review
of Internal Audit Plan 2008/2009 (as at 31/12/2008)
(F2004/06186)
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Mills,
THAT:
1. The contents of
General Manager’s Report No. GM2/09 be received and noted.
2. A review of the
Internal Audit Plan continue to be presented to Council on a half yearly
basis.
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Corporate and Community Division
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3 CC1/09 Proposed
formation of the Hornsby Arts Reference Committee
(F2004/06058)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Chopra,
THAT:
1. The contents
of Executive Manager’s Report No. CC1/09 be received and noted and the draft
Terms of Reference for the Hornsby Arts Reference Committee attached to the
Report be adopted subject to the following addition under the heading
Committee Makeup, at point 2:
xiv. Visual
or performing arts multicultural groups
2. Council call
for expressions of interest from the local community for the purpose of
forming the Hornsby Arts Reference Committee.
3. The Community,
Cultural and Recreation Facilities Task Force
assess the expressions of interest received from the community.
4. Following the Community, Cultural and
Recreation Facilities Task Force assessment, a further report be prepared for
Council’s consideration recommending the appointment of the inaugural members
of the Hornsby Arts Reference Committee.
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4 CC2/09 2008/09
Management Plan and Budget Review - December 2008 Quarter
(F2007/01487)
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RESOLVED ON THE MOTION OF COUNCILLOR MILLS, seconded by COUNCILLOR BROWNE,
THAT:
1. The contents of
Executive Manager’s Report No. CC2/09 be received and noted.
2. The December 2008 Review of the Management Plan, including
performance indicators, be received and noted.
3. The recommended changes to the 2008/09 Budget detailed in
the December Budget Review be adopted.
4. The Hornsby Quarry GST refund be allocated to a new
restricted asset titled “Hornsby Quarry and Environs Restricted Asset”.
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5 CC3/09 Draft
Disability Discrimination Act Action Plan
(F2009/00022)
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Mills,
THAT:
1. The
contents of Executive Manager’s Report No. CC3/09 be received and noted.
2. Council
endorse the draft DDA Action Plan attached to Report No. CC3/09 and place it
on public exhibition for a period of 28 days.
3. At the
completion of the public exhibition period, a further report be prepared for
Council's consideration which summarises the results of the exhibition period
and recommends the adoption of the DDA Action Plan.
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6 CC4/09 Social
Plan Report Card: October - December 2008
(F2004/06043)
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RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Browne,
THAT:
1. The Social Plan Report Card October 2008 - December 2008
be received and noted.
2. Taking into account
existing budgetary and staffing limitations, initial investigations be
made in relation to current local government responses to homelessness,
specifically those undertaken by Parramatta City Council, and that
a report be provided for Council's information once data has been collated.
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7 CC5/09 November/December
2008 Investment and Borrowing Report
(F2004/06987)
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RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Chopra,
THAT:
1. The contents of Executive
Manager's Report No. CC5/09 be received and noted.
2. Council
investigate the potential of renegotiating part or all of its existing loan
portfolio to take advantage of current low interest rates.
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8 CC6/09 Lease
of Archery Range located at Pennant Hills Park Reserve No. 45012 with
Northern Archers of Sydney Inc
(F2004/09485)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,
THAT Council, as Reserve Trust
Manager:
1. Note the contents of Executive Manager’s Report No. CC6/09.
2. Grant Northern Archers of Sydney Inc a further five year
lease of part of Crown Reserve No. 45012, Pennant Hills Park, (containing an
archery range) on the following basis:
a) The land shall only be used by the Lessee for activities
associated with archery.
b) Rental to be at the rate of $1,300 per annum + GST during the
initial 12 months of tenure.
c) The rental shall be subject to annual review in accordance with
the movement in the Consumer Price Index, with a market review to be undertaken
every five years.
d) The Lessee shall be responsible for the payment of all
water/sewerage rates assessed in respect of the site.
e) The Lessee shall be responsible for the payment of all costs
associated with services provided to the site including but not limited to
electricity, gas, telephone, water usage, etc.
f) The Lessee shall indemnify Council against all claims in
respect of Public Liability to an amount not less than $20 million, with such
Policy to note Council as an interested party.
g) The Lessee will bear 50% of costs incurred in respect of the
preparation of the necessary lease documentation.
h) The Lessee shall be responsible for, and bear all costs
incurred in, the maintenance and repair of the site.
i) The Lessee shall be responsible for all capital improvements
on the site including maintenance and repair.
j) The Lessee shall maintain an active risk management program in
accordance with the risk management recommendations of Archery Australia.
k) The Lessee’s Safety Management Plan shall be reviewed annually
and attached to the lease.
l) The Lessee shall maintain the area behind the targets as a
safety area.
m) The Lessee shall install and maintain appropriately worded signs
at all likely access points to the range.
n) If not already undertaken, the Lessee shall extend the catch
mound as outlined in the 1995 Northern Archers’ Safety Proposals document.
3. Note that the granting of the further lease to Northern Archers
of Sydney Inc shall be subject to the approval of the Minister administering
the Crown Lands Act, 1989.
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9 CC7/09 Review
of the Hornsby Shire Home Library Service
(F2004/05990-02)
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RESOLVED ON THE MOTION OF COUNCILLOR Mills, seconded by COUNCILLOR Browne,
THAT:
1. The contents of
Executive Manager’s Report No. CC7/09 be received and noted.
2. Training for Home
Library staff be maintained, and increased where required.
3. A review of the
staff working area be undertaken.
4. Consideration be given to utilising volunteers to
undertake non-professional tasks within the Home Library Service Team.
5. Promotion of the
Home Library Service be increased.
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10 CC8/09 Declarations
of Pecuniary Interest and Other Matters
(F2008/00326)
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Mills,
THAT
Council note that the Disclosure of Pecuniary Interest and Other Matters
Returns recently lodged with the General Manager have been tabled as required
by the Local Government Act.
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11 CC9/09 Councillor
Attendance at Information Seminars Following Local Government Elections in
September 2008
(F2004/07061)
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Mills,
THAT the contents of Executive
Manager’s Report No. CC9/09 be received and noted.
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12 CC11/09 Document
Access Applications 26 November 2008 - 25 January 2009
(F2006/00479-02)
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Mills,
THAT the
documents outlined in Attachment 2 of Executive Manager’s Report No. CC11/09
remain exempt from release under Council's Document Access Policy.
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13 CC13/09 Quarterly
Review - Operational Plan associated with the Hornsby Mall Strategic
Management Plan
(F2005/00923)
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Mills,
THAT the
contents of Executive Manager's Report No. CC13/09 be received and noted.
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14 CC14/09 Request
for Legal Assistance - Gosford City Council
(F2004/10147)
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Mills,
THAT Council not make a contribution towards legal costs
incurred by Gosford City Council in the matter of Gosford City Council v Tauszik [2006] NSWCCA 193.
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Environment Division
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15 EN1/09 Environmental
Health - Food Safety Program 1 July 2008 to 31 December 2008
(F2004/08373-03)
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RESOLVED ON THE MOTION OF COUNCILLOR Martin, seconded by COUNCILLOR Browne,
THAT the contents of Executive
Manager's Report No. EN1/09 be received and noted.
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16 EN2/09 School
Sportsground Extension, Cherrybrook
(F2008/00341)
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NOTE:
COUNCILLOR MILLS declared a non-significant non-pecuniary interest in this
item under Clause 51A of Council's Code of Meeting Practice (see Declarations
of Interest in these Minutes). As stated on the Declaration of Interest form
by COUNCILLOR MILLS, the nature of the interest was “my son attends John
Purchase Primary School”, and the explanation of why the interest does not
require further action in the circumstances was “my decision is swayed by the
known and documented shortage of playing field space in Cherrybrook/West
Pennant Hills and the needs of the circa 2200 students at John Purchase
Primary and Cherrybrook Tech”. COUNCILLOR MILLS remained present for
discussion and voting on the item
RESOLVED ON THE MOTION OF COUNCILLOR Mills, seconded by COUNCILLOR Evans,
THAT Council provide
in-principle support for the extension of the existing sportsground and
associated works within the grounds of John Purchase Public Primary School, Cherrybrook and agree to proceed to the preparation of a development
application for the project.
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17 EN3/09 Parks
Capital Works 2008-2009 December Quarter Progress Report
(F2004/06971)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,
THAT the contents of Executive Manager's Report No. EN3/09 be
received and noted.
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Planning Division
Nil.
Strategy Division
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18 ST1/09 Draft
Outdoor Dining Code
(F2004/10055)
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Mills,
THAT:
1. The Draft Outdoor
Dining Code be placed on exhibition for a period of 28 days, with a
further report back to Council at the conclusion of the exhibition period.
2. Outdoor dining be considered for inclusion as exempt and
complying development and that the Exempt and Complying Development
Control Plan be amended to include this provision.
3. The related fees as
proposed for outdoor dining be included in the 2009/10 Draft Fees and
Charges.
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Works Division
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19 WK7/09 Works
Progress Report - December 2008 Quarterly - Traffic and Road Safety Branch
(F2004/05959)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,
THAT Council
endorse the activities undertaken by the Traffic and Road Safety Branch for
the period 1 October 2008 to 31 December 2008.
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20 WK2/09 Shepherds
Drive - Cherrybrook. Pedestrian and bicycle access to Cherrybrook Village Shopping Centre
(F2004/09848)
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RESOLVED ON THE MOTION OF COUNCILLOR Mills, seconded by COUNCILLOR Browne,
THAT:
1. Council note the requirements for public consultation,
reclassification of land and rezoning if a vehicle access is provided to
Cherrybrook Village Shopping Centre across Greenway Park.
2. The investigation and estimate for the
pedestrian/cycleway link between Cherrybrook Village Shopping Centre and the
eastern end of Greenway Park be provided to the shopping centre manager for
their consideration.
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21 WK3/09 Building
Capital Works Program 2008/2009 - December 2008 Quarterly Report
(F2004/05958)
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Mills,
THAT the contents of Executive
Manager’s Report No. WK3/09 be received and noted.
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22 WK4/09 Works Building Services - Graffiti and Vandalism December 2008 Half Yearly Report
(F2004/00728)
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Mills,
THAT the contents of Executive
Manager’s Report No. WK4/09 be received and noted.
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23 WK5/09 Works
Progress Report - December 2008 Quarter - Assets Branch
(F2004/05959)
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Mills,
THAT the contents of Executive Manager’s Report No. WK5/09 be
received and the progress of the 2008/09 Assets Branch Programmes be noted.
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24 WK6/09 Works
Progress Report - December Quarter 2008 - Design and Construction Branch
(F2004/05959)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,
THAT
1. The contents of
Executive Manager’s Report No. WK6/09 be received and noted.
2. Council make representations, through the Local
Member, to the Minister for Roads requesting that a Route
Development Strategy be
undertaken for the length of Boundary Road paying particular attention to pedestrian safety
in the section between Cedarwood Drive and Nyrippin Creek.
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25 WK8/09 Revised
2008/2009 Bus Shelter Construction Programme
(F2004/08617)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,
THAT Council adopt the revised
2008/2009 Bus Shelter Construction Programme for the construction of new bus
shelters at the following locations:
· Rembrandt Street,
Carlingford
· Ray Road and Mountain Street, Epping
· Duffy Avenue and Eucalyptus Drive, Westleigh
· Duffy Avenue and Quarter Sessions Road, Westleigh
· Arcadia Road and Cobah Road, Arcadia
· 7 Jubilee Street,
Wahroonga
· Waterloo Road and Devon Street, North Epping
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Supplementary Reports
Nil.
PUBLIC
FORUM – NON AGENDA ITEMS
Nil.
Mayor's Notes
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26 MN1/09 Mayor's
Notes from 1 to 31 December 2008
(F2004/07053)
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Monday 1 December – The
Mayor attended The Grange Village Fete at Waitara.
Tuesday
2 December – The Mayor attended Barker College Junior School Presentation Evening at Sydney Convention and Exhibition Centre, Darling Harbour.
Wednesday
3 December – Councillor Chopra, on behalf of the Mayor, attended
Epping Leisure & Learning Centre’s Morning Tea to celebrate the renovations of the facility’s 30 year old kitchen at the Centre at Epping.
Wednesday
3 December – The Mayor attended the International Day of People with
a Disability Expo at Hornsby Mall.
Thursday
4 December – The Mayor attended Mount St Benedict College’s
Presentation Day at Hornsby RSL Club.
Thursday
4 December – The Mayor attended Loreto Normanhurst Years 7-11 Awards
Ceremony at the School.
Friday
5 December – The Mayor attended Epping Seniors Christmas Lunch at
Epping Senior Citizens Club.
Friday
5 December – The Mayor unveiled a Plaque commemorating the signing of
the Universal Declaration of Human Rights in December 1948, organised by
Amnesty International Hornsby Group, at Waitara Oval.
Saturday
6 December – The Mayor attended Waitara Public School’s Christmas
Carnival at the School.
Sunday
7 December – Councillor Chopra, on behalf of the Mayor, attended
Epping RSL Golden Kangaroos final Concert for 2008 at The Epping Club.
Monday
8 December to Thursday 11 December – The Mayor attended the National
General Assembly of Local Government at Melbourne Convention and Exhibition
Centre.
Tuesday
9 December – The Mayor attended the ICLEI Oceania recognition and
briefing breakfast event at the Australian Local Government Association
National General Assembly in Melbourne.
Tuesday
9 December – Councillor Smart, on behalf of the Mayor, attended Berowra Public School’s Presentation Day at Berowra Community Centre.
Tuesday
9 December – The Deputy Mayor, on behalf of the Mayor, attended Galston High School’s Annual Presentation Evening at the School.
Tuesday
9 December – Councillor Mills, on behalf of the Mayor, attended Cherrybrook Technology High School’s Presentation Evening at the School.
Wednesday
10 December – The Deputy Mayor, on behalf of the Mayor, launched the
Hornsby Mall Protocols and Art Work Display at Hornsby Mall.
Thursday
11 December – The Mayor attended Wideview Public School’s
Presentation Day at the School.
Thursday
11 December – The Mayor attended Ku-ring-gai Creative Arts High School ’s Presentation Day at the School.
Thursday
11 December – The Mayor attended the Shop Front Display Awards
Cocktail Function at Toscani’s Restaurant, Hornsby.
Thursday
11 December – The Mayor hosted the Mayor’s Christmas Reception for
representatives of Community Groups at Asquith Golf Club.
Friday
12 December – The Mayor attended Hornsby Girls’ High School’s Annual
Speech Day at Hornsby RSL Club.
Friday
12 December – The Mayor attended the Aboriginal Child, Youth and Family
Function and Lunch at the Council Chambers.
Friday
12 December – The Mayor attended St Leo’s Catholic College’s Presentation Evening at The Hills Centre, Castle Hill.
Saturday
13 December – The Mayor officially opened “Carols in the Park” at Hornsby Park .
Sunday
14 December – Councillor Chopra, on behalf of the Mayor, attended the
Vishva Hindu Parishad of Australia Inc Prayer Meeting at Epping.
Monday
15 December – The Deputy Mayor, on behalf of the Mayor, attended
Asquith Boys’ High School’s Presentation Evening at the School.
Monday
15 December – The Mayor attended Fusion Sydney North’s End of Year
Celebration Dinner at Asquith Rugby Leagues Club.
Monday
15 December – The Mayor attended the HK & HDCA Christmas Bash at
Asquith Bowling & Recreation Club.
Tuesday
16 December – The Mayor attended Ms Maxine McKew MP’s Festive Seas on Drinks at Gladesville.
Tuesday
16 December – The Deputy Mayor, on behalf of the Mayor, attended
Asquith Girls’ High School’s Presentation Evening at the School.
Friday
19 December – The Mayor and Mrs Berman attended Hornsby/Ku-ring-gai
PCYC Anniversary Dinner Dance at Asquith Leagues Club.
Sunday
21 December – The Deputy Mayor, on behalf of the Mayor, attended the Indian Seniors Group Hornsby Christmas Celebration at Asquith Community Centre.
Please note that
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.
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Question of Which Notice Has Been Given
Nil.
CONFIDENTIAL ITEMS
Nil.
QUESTIONS
WITHOUT NOTICE
Nil.
THE
MEETING terminated at 8.34 pm.
These Minutes
were confirmed at the meeting held on Wednesday, 11 March, 2009, at which
meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
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