Agenda of Ordinary Council Meeting

Hornsby Shire Council	Agenda and Summary of Recommendations
Page 1

AGENDA AND SUMMARY OF RECOMMENDATIONS

PRESENT

NATIONAL ANTHEM

OPENING PRAYER/S

Rev. Geoff Collison from St. Johns Anglican Church, Beecroft will be opening the 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."

ABORIGINAL RECOGNITION

Statement by the Chairperson:

"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."

AUDIO RECORDING OF COUNCIL MEETING

Statement by the Chairperson:

"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

presentations

National Trust Energy Australia Heritage Awards 2009 – Bar Island Conservation Project.

declarations of interest

Clause 52 of Council’s Code of Meeting Practice (Section 451 of the Local Government Act, 1993) 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”).

The Councillor or member of a Council committee 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.

(b) at any time during which the Council or committee is voting on any question in relation to the matter.

Clause 51A of Council’s Code of Meeting Practice provides that a Councillor, Council officer, or a member of a Council committee who has a non 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. The disclosure is also to be submitted in writing (on the form titled “Declaration of Interest”).

If the non-pecuniary interest is significant, the Councillor must:

a) remove the source of conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another Council official.

b) have no involvement in the matter by absenting themself from and not taking part in any debate or voting on the issue as if the provisions of Section 451(2) of the Act apply.

If the non-pecuniary interest is less than significant, the Councillor must provide an explanation of why they consider that the interest does not require further action in the circumstances.

confirmation of minutes

THAT the Minutes of the Ordinary Council Meeting held on 10 June, 2009 be confirmed; a copy having been distributed to all Councillors.

Petitions

Mayoral Minutes

Notices of Motion

Rescission Motions

MATTERS OF URGENCY

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

General Manager's Division

Nil

Corporate and Community Division

Page Number

Item 1 CC50/09 May 2009 Investment and Borrowing Report

THAT the contents of Executive Manager’s Report No CC50/09 be received and noted.

Page Number

Item 2 CC51/09 Local Government Remuneration Tribunal - 2009 Report and Determinations

THAT:

1. Council note the Local Government Remuneration Tribunal's determination that Hornsby Shire Council be placed in the Metropolitan Centres Category (previously known as Category 1) of councils.

2. In accordance with Section 248 of the Local Government Act, and the 2009 determination of the Local Government Remuneration Tribunal, an annual fee of $19,730 be paid to each Councillor for the period 1 July 2009 to 30 June 2010.

3. In accordance with Section 249 of the Local Government Act, and the 2009 determination of the Local Government Remuneration Tribunal, an additional annual fee of $52,410 be paid to the Mayor for the period 1 July 2009 to 30 June 2010.

Environment Division

Page Number

Item 3 EN20/09 Tender T18/2009 Bushland Restoration and Manual Fire Hazard Reduction Services

THAT Council accept the tenders listed in this report as Hornsby Shire Council preferred suppliers for bushland management works for a three-year period, subject to annual performance review.

Page Number

Item 4 EN21/09 Tender T7/2009 - Cleaning and Repair of Stormwater Quality Improvement Devices (SQIDs) within Hornsby Shire

THAT Council accept the quotation of Envirocivil Pty Ltd for all work under Tender T7/2009 for ‘Cleaning and Repair of Stormwater Quality Improvement Devices (SQIDs) within Hornsby Shire’ for a three year period.

Page Number

Item 5 EN22/09 Tender T8/2009 - Landscape Maintenance and Bush Regeneration within Hornsby Shire

THAT Council accept the submissions of Dragonfly Environmental Pty Ltd, Australian Bushland Restoration Pty Ltd and Sydney Bush Regeneration Company Pty Ltd for all work under Tender T8/2009 for “Landscape Maintenance and Bush Regeneration within Hornsby Shire” for a three year period.

Planning Division

Nil

Strategy Division

Page Number

Item 6 ST7/09 Recission of Filming in the Shire Policy in accordance with NSW Filming Protocol

THAT

Council note the contents of this report and rescind the Filming in the Shire Policy.

Works Division

Page Number

Item 7 WK53/09 2009/2010 Improvements Program - Civil Works

THAT the Civil Works program for 2009/10 as shown in the attached Gantt Charts be adopted.

Page Number

Item 8 WK34/09 Cherrybrook - Traffic and Parking Issues Review

THAT

1. Council note the roundabout at the intersection of Shepherds Drive and Kenburn Avenue is operating satisfactorily and no further action be taken regarding changes to the roundabout.

2. The need for a second driveway access to Cherrybrook Village Shopping Centre be a matter for the shopping centre to further consider.

3. Council continue to liaise with Cherrybrook Village Shopping Centre management regarding improvements to traffic flow within the shopping centre carpark.

4. Additional parking restrictions in Shepherds Drive near Shepherds Lane not be considered at this stage, but monitoring of traffic flow and road safety continue.

5. Council note that on street parking is operating safely on Shepherds Drive and other local roads in Cherrybrook.

6. Council note that parking provided in Greenway Park is generally sufficient for users of the park and that during activity peaks additional parking is available on street within convenient walking distance.

7. Parks and Landscapes Team and Community Services liaise regarding bookings at the community centre and Greenway Park (including the proposed school oval) in a co-ordinated manner to ensure that, where possible, large events do not coincide.

8. Council note that pedestrian access to Greenway Park and Cherrybrook Village Shopping Centre via local roads is considered satisfactory.

9. Traffic and Road Safety Branch develop a “Parking restrictions near driveways” policy later this year, to be referred to the Local Traffic Committee for a recommendation prior to further consideration.

10. Council continue to liaise with the school principals and police regarding traffic and parking enforcement in Purchase Road near the schools.

11. Additional marked pedestrian crossings across Purchase Road or at the Kenburn Avenue roundabout are not considered appropriate.

12. Council continue to lobby the Minister for Roads and the Roads and Traffic Authority regarding pedestrian access across New Line Road between Boundary Road and Purchase Road, and the operation of New Line Road and Boundary Road generally.

Page Number

Item 9 WK41/09 Appointment of Local Controller, Hornsby State Emergency Service

THAT Council endorse Mr Robert Corbett’s re-appointment to the position of Hornsby State Emergency Service Local Controller for a further two year period.

Page Number

Item 10 WK42/09 Hornsby Aquatic Centre - Sunday Trading

THAT the Hornsby Aquatic Centre remain open on Sundays from 7.00 am to 4.00 pm during the months of July, August and September, with normal trading hours resuming from the October long weekend.

Page Number

Item 11 WK44/09 3rd International Swim Schools Conference

THAT Council approve the attendance of the Manager Aquatic and Recreation Facilities at the International Swim Schools Conference in Fiji 3 to 7 August 2009, and accept the reasonable cost incurred.

Page Number

Item 12 WK45/09 Wisemans Ferry Commercial Centre Masterplan - Street Refurbishment

THAT

1. Council support in principle the draft Wisemans Ferry Commercial Centre Masterplan dated March 2009.

2. Council endorse a 5-year implementation programme for the works identified in the draft Masterplan and consider future funding allocation of $32,000 per year commencing with the 2010/11 Budget.

3. Council approach the RTA for the upgrading of the roadside drainage along the section of Old Northern Road identified in the draft Masterplan.

Page Number

Item 13 WK46/09 "Wellum Bulla" - Hornsby Shire Council Materials Handling Facility Monitoring Committee

THAT:

1. Council note the attached Minutes of the Hornsby Shire Council Materials Handling Facility Monitoring Committee held on 18 June 2009.

2. Council appoint Ms Cathy Lancaster and Ms Verlaine Timms as community representatives to the Monitoring Committee.

3. Council seek expressions of interest for nomination of an environmental representative to the Monitoring Committee.

SUPPLEMENTARY AGENDA

PUBLIC FORUM – NON AGENDA ITEMS

Confidential Items

Item 14 WK49/09 Proposed Variation of Sale Agreements regarding the Sale of Land in Hornsby

This report should be dealt with in confidential session, under s10a (2) (c) of the Local Government Act, 1993. This report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

Mayor's Notes

Page Number

Item 15 MN7/09 Mayor's Notes from 1 to 31 May 2009

Questions of Which Notice Has Been Given

QUESTIONS WITHOUT NOTICE

Executive Manager's Report No. CC51/09

Corporate and Community Division

Date of Meeting: 8/07/2009

2 LOCAL GOVERNMENT REMUNERATION TRIBUNAL - 2009 REPORT AND DETERMINATIONS

EXECUTIVE SUMMARY

Sections 248(2) and 249(3) of the Local Government Act allow Council to fix the annual fee payable to Councillors and the additional annual fee payable to the Mayor. The annual fees must be fixed in accordance with the relevant annual determination of the Local Government Remuneration Tribunal. Should Council choose not to fix the annual fees, the Act requires that the minimum fees, as determined by the Tribunal, will be automatically applicable.

Section 239 of the Act requires the Tribunal to determine the categories of councils and mayoral offices at least once every three years. As the most recent review of categories had been undertaken in 2006, the Tribunal undertook a fundamental review of the categories as part of its 2009 review.

Based on the Tribunal’s 2009 Report and Determinations, it is recommended that Council note that it remains in the Metropolitan Centres Category (previously known as Category 1) of councils and approve an increase to Councillor and Mayoral fees for the 2009/10 financial year of 2.5%.

PURPOSE/OBJECTIVE

The purpose of this Report is to provide Council with the 2009 Report and Determinations of the Local Government Remuneration Tribunal to enable Council to determine the amount of the annual fee payable to each Councillor and the additional fee payable to the Mayor for the 2009/10 financial year.

DISCUSSION

Local Government Remuneration Tribunal – 2009 Report and Determinations

The Local Government Remuneration Tribunal is established under Chapter 9, Part 2, Division 4 of the Local Government Act. In this regard, Section 239 of the Act states:-

(1) The Remuneration Tribunal must, at least once every 3 years:

(a) determine categories for councils and mayoral offices, and

(b) place each council and mayoral office into one of the categories it has determined

(2) The determination of categories by the Remuneration Tribunal is for the purpose of enabling the Remuneration Tribunal to determine the maximum and minimum amounts of fees to be paid to mayors and councillors in each of the categories so determined.

Section 241 of the Act states:-

The Remuneration Tribunal must, not later than 1 May in each year, determine, in each

of the categories determined under section 239, the maximum and minimum amounts of fees to be paid during the following year to councillors (other than mayors) and mayors.

The Tribunal presented its 2009 Report and Determinations to the Minister for Local Government on 29 April 2009. The Report and Determinations were subsequently published in the Government Gazette. A copy of the Report and Determinations is attached.

As forecast in its 2008 Report and Determinations, the Tribunal undertook a fundamental review of the categories of Councillor and Mayoral offices for 2009 in accordance with Section 239 of the Act.

The Tribunal has advised that its 2009 review has had regard to issues raised in submissions received from the Local Government and Shires Associations and individual councils, as well as advice received from the Department of Local Government. The Tribunal also considered the findings of previous reviews and considered the relative merits of a number of alternate models.

After considering all these factors, the Tribunal found that there is no strong case to significantly alter the current categories of Councillor and Mayoral offices or to move individual councils between categories.

While the groupings of councils within categories is to remain unchanged, the Tribunal has applied descriptive titles for each of the categories. Those descriptive titles (shown as New Category) are as follows:

Previous Category New Category

4 Rural

3 Regional Rural

2 Metropolitan

1 Metropolitan Centres

1A Metropolitan Major

S2 Major City

S1 Principal City

S3 County Councils

S4 County Council - Water

The Tribunal has also reviewed the minimum and maximum fees applicable to Councillors and Mayors in each Category, having regard to the submissions received and comments made by the Associations and individual councils. The Tribunal considered broader issues facing local government, including the potential impact of State Government planning reforms and the challenges posed by the global economic downturn and its likely impact upon local communities.

Having regard to the above factors, and taking into account the views of their own assessors, the Tribunal considered that an increase of 2.5% in the fees for Councillors and Mayors was appropriate for the 2009/10 financial year.

Impact on Council

As a result of the Tribunal's determination, Hornsby remains placed in the Metropolitan Centres Category (previously known as Category 1) of councils together with Bankstown,

Baulkham Hills, Campbelltown, Fairfield, Gosford, Hurstville, Lake Macquarie, Liverpool, North Sydney, Randwick, Ryde, Sutherland, Warringah, Willoughby and Wyong Councils.

The fees determined by the Tribunal as being applicable to the Metropolitan Centres Category of councils are:

Councillor

Mayor

Annual Fee

Minimum - Maximum

Additional Fee

Minimum - Maximum

$10,560 - $19,730

$22,460 - $52,410

In 2008, when Council last determined the fees payable to Councillors and the Mayor, it resolved to pay fees at the maximum level which applied to Category 1 councils.

Having regard to the Remuneration Tribunal's statement in its 2002 Report that "Gosford, Hornsby, Liverpool, Sutherland and Randwick certainly warrant payment of the maximum fee for Category 1 and their activities have been taken into account in determining the maximum fee for Category 1", it is considered appropriate that the maximum fee for the Metropolitan Centres Category (previously known as Category 1) continue to be paid to Councillors and the Mayor for the period 1 July 2009 to 30 June 2010.

In this regard, each Councillor would receive an annual fee of $19,730 and the Mayor would receive an additional annual fee of $52,410 for the 2009/10 financial year.

BUDGET

An amount of $251,000 has been included in the 2009/10 Budget for the payment of fees to Councillors and the Mayor. On the basis that Council will continue to pay the maximum fees applicable to the Metropolitan Centres Category of councils for the 2009/10 financial year, the funds allocated in the Budget are sufficient to cover the cost of Councillor and Mayoral fees.

POLICY

This Report has been prepared having regard to the 2009 Report and Determinations of the Local Government Remuneration Tribunal.

CONSULTATION

The Local Government Remunerations Tribunal consulted with various organisations as part of their 2009 review.

TRIPLE BOTTOM LINE SUMMARY

Triple Bottom Line is a framework for improving Council decisions by ensuring accountability and transparency on social, environmental and economic factors. It does this by reporting upon Council’s strategic themes.

This Report simply provides Council with information and seeks endorsement of standard expenditure according to legislation and within current budgetary considerations. It does not

propose any actions which require a sustainability assessment and as such no Triple Bottom Line considerations apply.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Administration Services Branch - Mrs Robyn Abicair who can be contacted on 9847-6608.

RECOMMENDATION

THAT:

1. Council note the Local Government Remuneration Tribunal's determination that Hornsby Shire Council be placed in the Metropolitan Centres Category (previously known as Category 1) of councils.

Gary Bensley

Executive Manager

Corporate and Community Division

Robyn Abicair

Manager - Administration Services

Corporate and Community Division

Attachments:

1.View

Local Government Remuneration Tribunal - 2009 Report and Determinations

File Reference: F2004/06043

Document Number: D01184012

Executive Manager's Report No. EN20/09

Environment Division

Date of Meeting: 8/07/2009

3 TENDER T18/2009 BUSHLAND RESTORATION AND MANUAL FIRE HAZARD REDUCTION SERVICES

EXECUTIVE SUMMARY

A preferred supplier agreement for bushland management works is required to service the needs of Council in carrying out works for bushland restoration and manual fire hazard reduction services. Both services are grouped into the one tender, due to the similarity of worksite and skills required. Works are funded from several sources, totalling in excess of $500,000 for financial year 2009/10. The previous tender expired on 30 June 2009 and was a three year supplier agreement. It proved an efficient way of engaging and managing contract services for the above programs.

The proposed preferred supplier agreement is for up to three years, with annual review of contracts.

Tender T18/2009 is a Schedule of Rates tender.

PURPOSE/OBJECTIVE

This report provides a recommendation for the acceptance of a panel of preferred suppliers to Council as a result of Tender No.18/2009, Bushland Restoration and Manual Fire Hazard Reduction Services.

DISCUSSION

The objectives as listed in the contract are to:

· reduce major weed infestations and repair degraded bushland in designated areas

· control priority noxious weed and invasive plant species

· replant areas or species unable to regenerate

· create/maintain fuel reduced zones

· prepare sites for hazard reduction burning

· provide bushland condition mapping, periodical and final reports

· maintain and monitor sites

· improve aesthetic qualities and access into bushland reserves.

Under Council's business rules for purchasing, it is necessary to call public tenders where the estimated value of the works exceeds $135,000 (ex GST). A Public Tender Notice was advertised in The Sydney Morning Herald on Wednesday 20 May 2009 and The Hornsby Advocate on Thursday 21 May 2009 and tenders were opened on 10 June 2009.

Responses were received from the following companies. They had the opportunity within this tender to apply for either Bushland Restoration Services (BR) or Manual Fire Hazard Reduction Services (HR) or both. Those suppliers listed with the above abbreviations form the proposed panel of preferred suppliers:

· Total Earth Care BR and HR

· Australian Bushland Restoration BR

· The National Trust of NSW BR

· Sydney Bush Regeneration BR and HR

· Bushland & Rainforest Regeneration & Consulting BR

· Toolijooa BR and HR

· Bush Habitat Restoration Cooperative BR

· Bush-it BR

· Ecohort BR and HR

· Dragonfly Environmental BR

· Lane Cove Bush Regeneration Cooperative BR

· Environmental Land Contracting Not selected

· Warrigal Green Not selected

· Australian Areas Management and Repair Not selected

This panel of 11 proposed preferred suppliers in the top list covers all program areas. Past experience has shown the need for a large quantity of suppliers for this labour intensive work. It also provides a consistent level of service throughout the year that is necessary when managing natural systems.

Tender Evaluation

Apart from the mandatory requirements for tender returns (see TRIM folder F2009/00342), the evaluation of the tender was based on the specific selection criteria below:

Specific criteria for bushland restoration

· Experience and qualifications in bush restoration

· Experience with local vegetation communities

· Knowledge & experience in noxious weed control

· Capability to provide continuous service

· Experience in weed mapping

· Information or innovation

Specific criteria for manual fire hazard reduction works:

· Ability to complete manual bushfire fuel reduction works

· Understanding of bushfire fuel and hazard mitigation principles

· Ability to undertake scheduled for maintenance works

· Qualifications, training and experience with manual fuel reduction works

· Experience and qualifications in plant identification, weed and erosion control

· Provision of suitable supervision of equipment operators

Council will allocate specific locations / individual contracts to each of the preferred suppliers in accordance with their expertise and resources.

The selection details are contained in Attachment 1 to this Report.

BUDGET

The schedule of rates contained within this tender has been allowed for within the 2009/10 approved budget.

POLICY

The tender process has been undertaken in accordance with Council Policy - Tenders and Council's business rules for purchasing.

CONSULTATION

The assessment of this tender was completed within Council's Bushland and Biodiversity Branch using a panel of three staff and using guidelines from Council’s procurement team. Referee checks were undertaken by Council's Coordinator of Bushland Management Operations.

TRIPLE BOTTOM LINE SUMMARY

Working with our community

Many of the sites named in this bush regeneration tender occur in the same location or adjacent to community bushcare sites. Bush regeneration contractors work closely with these groups to encourage and add value to their efforts.

Letters are sent to residents who live adjacent to selected bushland reserves within this contract program. These letters inform about the Council works and request residents to remove noxious weeds from their own properties.

Conserving our natural environment

As part of this contract, native revegetation and regeneration in turn contribute to a net reduction in greenhouse gas generation. The method of bushland regeneration is employed to make the sites “self sustaining” and hence reduce the hours spent by contractors on maintenance, thus increasing the overall sustainability of the projects.

All plants that are used in revegetation programs have their trays and tubes returned to the Council nursery for reuse on other programs. Sites that are mulched most often use waste from local tree removal firms that could potentially be transported to landfill.

By revegetating both within creeks and wetlands and along the creek edges, the current contract aids in reducing erosion and slump of creek banks and the reduction of sediment travelling downstream. Aquatic plants also take up nutrients and other pollutants from the water column and reduce degradation downstream.

The vast majority of native tubestock used are sourced from Council’s nursery. These tubestock are grown from native seed collected in the area they are to be planted which maintains the genetics of the stock in that region. By the addition of native plants where weeds had previously dominated we can assist native pollinators and invertebrates who are specifically adapted for these native species. With native vegetation established once more the surrounding area will receive native seed in place of weed seed.

Regenerating bushland reserves conserves and repairs ecologically endangered vegetation communities and threatened flora and fauna species.

Contributing to community development through sustainable facilities and services

The project contributes to community development by providing improved condition and scenic amenity of bushland areas for residents and visitors. Better facilities including improved walking tracks and accessibility will lead to reduction of soil erosion and

compaction, improved water quality and protection of natural fauna and flora. The bushland regeneration method is the most cost effective tool for reducing long-term financial burden of these assets.

Fulfilling our community’s vision in planning for the future of the Shire

The project provides enhanced and improved opportunities for passive recreation and plays a significant role in achieving our Shire's vision of "creating a living environment." By maintaining the integrity of Hornsby’s bushland Council is reflecting the increasingly important issue of environmental protection as demonstrated by local residents. This will in term preserve these important areas for future generations.

Supporting our diverse economy

The maintenance of the natural environment is part of the wider vision of Council to maintain and improve aesthetic amenity of creeks, estuary and bushland, and thereby attract investors and tourists. Improvements to the condition of open space supports this destination as a popular place in which to live and work. This tender has offered employment to over fifty staff from eleven different suppliers, with some of these being local residents.

Maintaining sound corporate and financial management

The protection, repair and maintenance of these assets will ensure that lifecycle costs are minimised and attempts to mitigate the exponential increase in natural asset degradation and subsequent repair costs. Contracted bushland management works aim to conserve and repair council managed bushland assets in a strategic and efficient manner.

Preventing the spread of gazetted noxious weeds from council land and attempting to conserve high priority bushland areas are two examples of sound corporate management in terms of council meeting their legal obligations.

Other Sustainability Considerations

This program is implementing several objectives of Council's Biodiversity Conservation Strategy, including:

‘To conserve species, populations and communities of native plants and animals, and allow for their continued evolution and survival in the Hornsby Shire in context of the region.’

RESPONSIBLE OFFICER

For further information, please contact Anthony Newling, Coordinator - Bushland Management Operations, on 9847 6839, Monday to Friday, 8.30am to 5pm.

RECOMMENDATION

THAT Council accept the tenders listed in this report as Hornsby Shire Council preferred suppliers for bushland management works for a three-year period, subject to annual performance review.

Robert Stephens

Executive Manager

Environment Division

Attachments:

Tender Evaluation Report - This attachment should be dealt with in confidential session, under s10a (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

File Reference: F2009/00342

Document Number: D01180756

Executive Manager's Report No. EN21/09

Environment Division

Date of Meeting: 8/07/2009

4 TENDER T7/2009 - CLEANING AND REPAIR OF STORMWATER QUALITY IMPROVEMENT DEVICES (SQIDS) WITHIN HORNSBY SHIRE

EXECUTIVE SUMMARY

Hornsby Shire Council has consistently endeavoured to improve the quality of stormwater reaching our local creeks and waterways. As a result of this, and with the support of local residents, the Catchments Remediation Rate was established in 1994 and increased to a 5% levy on ordinary rates in 1997 to fund the further installation of stormwater quality improvement devices (SQIDs) in an effort to remove sediment, litter and organic matter from urban runoff which would ordinarily pollute our creek lines and estuaries. The cleaning and repair of these devices is highly specialised and for this reason the Water Catchments Team engages a qualified contractor on a three year rolling contract. This contract expires on 30 June 2009 and, as a result, tender documentation was prepared according to Council’s tendering requirements. The proposed contract will run for the 2009/2010 – 2011/2012 financial years.

PURPOSE/OBJECTIVE

The purpose of this report is to provide details of the tenders received and a recommendation for acceptance of Tender T7/2009 by a suitably qualified contractor to carry out the cleaning and repair of SQIDs within Hornsby Shire.

DISCUSSION

Six quotations were received under T7/2009 – The Cleaning and Repair of Stormwater Quality Improvement Devices (SQIDs) within Hornsby Shire (Trim File F2009/00265) from the following tenderers:

· A&L Pipe Eye Pty Ltd

· Bell Environmental

· Envirocivil Pty Ltd

· Mistral Plumbing

· Total Drain Cleaning Services Pty Ltd

· Veolia Water Network Services

The tenders were evaluated based on the tenderers’ responses to specifications:

· Staff experience and qualifications

· Company experience in maintaining and repairing SQIDs

· Company capacity and experience in undertaking similar size jobs

· Occupational Health and Safety (OH&S) System.

The attached confidential Tender Evaluation Report provides a summary of the evaluation process and the total cost and weighted score of each tender. Full details of the tenders and evaluation are in F2009/00265.

The cleaning and maintenance work required under this contract are most suitable for one contractor only. The submission of each contractor was evaluated by assessing the response to the specifications and the submitted schedule of rates. These costs were multiplied by the number of devices emptied during a representative year to give a proposed annual expenditure for each tenderer.

The results of the evaluation indicate that the preferred tenderer, based on both price and response to selection criteria, is Envirocivil Pty Ltd. This organisation has demonstrated proficiency in completing this work in the current and past contracts, has described similar work it undertake with other councils and its references have been highly complementary.

BUDGET

The Water Catchments Team has allocated $160,000 from the Catchment Remediation Rate for the cleaning and repair of SQIDs for the 2009-2010 budget.

POLICY

This report has been written in accordance with Council’s tendering policy and procedures.

CONSULTATION

Tender documentation was prepared in consultation with Robyn McKenzie, Procurement Manager and David Beharrell, Team Leader Catchment Remediation.

The tender submissions have been evaluated on both price and expertise. The Tender Evaluation Committee included Ross McPherson (Manager, Water Catchments), David Beharrell (Team Leader, Catchment Remediation) and Elizabeth Bulley (Environmental Scientist, Water Quality Assets).

TRIPLE BOTTOM LINE SUMMARY

Working with our community

The total volumes of litter, organic matter and sediment collected from Council’s stormwater quality improvement devices (SQIDs) are reported annually in the Catchments Remediation Rate Capital Works Program Annual Report. These results are also available upon enquiry. Community members interested in the operation of SQIDs are openly invited to participate in educations forums such as water catchment tours.

Conserving our natural environment

Recyclable material is retrieved from SQIDs and is recycled through Hornsby Council’s facility at Mount Kuring-gai, where the material is reused in Council projects. Additionally, by preventing litter, sediment and organic matter from entering creeks and waterways, reduces the downstream degradation, stops the infilling of naturally occurring ponds (important habitat) and reduces water velocity, and hence erosion of creeks.

By maintaining the integrity of downstream waterways and reducing erosion, SQIDs aid the retention of important edge habitats for macro-invertebrates and other fauna. The reduction of smothering effects on native aquatic plants and reeds downstream also maintains habitat for aquatic organisms. Also, many of the SQIDs reduce litter, organic matter and sediment from entering important native habitat such as national parks and bushland reserves.

Contributing to community development through sustainable facilities and services

SQIDs reduce litter input from the urban environment and hence maintain the aesthetics of public spaces. The reduction of water velocity as a result of SQID installation reduces creek erosion and slumping. This type of erosion can often result in steep sided channels, with little edge vegetation that can propose a risk to public safety.

Fulfilling our community’s vision in planning for the future of the Shire

Maintaining the integrity of Hornsby’s creeks and waterways is becoming an increasingly important issue for local residents. These areas should be available to future generations for their aesthetic, recreational and intrinsic environmental value.

Supporting our diverse economy

By reducing the impact that highly urbanised and industrial centres have on the environment through the installation of SQIDs, Council will instil environmental values into company ethics and promote environmental health to the wider community.

Maintaining sound corporate and financial management

The regular removal of refuse from the head waters of creeks and waterways through the use of SQIDs reduces the need for costly cleanup operations further downstream in the future.

Other Sustainability Considerations

N/A

RESPONSIBLE OFFICER

The responsible officer is Elizabeth Bulley, Environmental Scientist – Water Quality Assets, Water Catchments Team, telephone 9847 6965, Monday to Friday, 8am to 4pm.

RECOMMENDATION

Robert Stephens

Executive Manager

Environment Division

Attachments:

Confidential Memo - Evaluation Report - T7 2009 - This attachment should be dealt with in confidential session, under s10a (2) (c) of the Local Government Act, 1993. This report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

File Reference: F2009/00265

Document Number: D01184216

Executive Manager's Report No. EN22/09

Environment Division

Date of Meeting: 8/07/2009

5 TENDER T8/2009 - LANDSCAPE MAINTENANCE AND BUSH REGENERATION WITHIN HORNSBY SHIRE

EXECUTIVE SUMMARY

Hornsby Shire Council has consistently endeavoured to improve the quality of stormwater reaching our local creeks and waterways. As a result of this, and with the support of local residents, the Catchments Remediation Rate (“CRR”) was established in 1994 and increased to a 5% levy on ordinary rates in 1997 to fund the further installation of stormwater quality improvement devices (SQIDs). The aim of this capital works program is to remove sediment, litter and organic matter from urban runoff which would ordinarily pollute our creek lines and estuaries. As this work is primarily in areas that are highly degraded and there is a certain amount of disturbance inherent with undertaking capital works the CRR also covers the maintenance of vegetation surrounding and within these devices for an extended period after installation. This involves highly specialised landscaping and bush regeneration activities for which the Water Catchments Team engages three qualified contractors on a three year rolling contract. This contract was due to expire on the 30 June 2009 and, as a result, tender documentation was prepared according to Council’s tendering requirements. The proposed contract will run for the 2009/2010 – 2011/2012 financial years.

PURPOSE/OBJECTIVE

The purpose of this report is to provide details of the tenders received and a recommendation for acceptance of Tender T8/2009 by three suitably qualified contractors to carry out the landscape maintenance and bush regeneration at selected SQIDs within Hornsby Shire.

DISCUSSION

Thirteen quotations were received under T8/2009 – ‘Landscape Maintenance and Bush Regeneration within Hornsby Shire’ (Tender File F2009/00266) from the following tenderers:

· Australian Areas Management and Repair

· Australian Bushland Restoration Pty Ltd

· Bush-it Pty Ltd

· Dragonfly Environmental Pty Ltd

· Ecohort Pty Ltd

· Hills Bushcare

· Hunter Land Management

· Microclimate

· National Trust of Australia (NSW)

· Sydney Bush Regeneration Company Pty Ltd

· Toolijooa Environmental Restoration Pty Ltd

· Total Earth Care Pty Ltd

· Warrigal Green Pty Ltd

The tenders were evaluated based on the tenderer’s response to specifications:

· Staff experience and qualifications;

· Past company experience (considering the following):

o Local experience with Hornsby or bordering councils

o Organisational structure and capacity to undertake the work

o Experience with SQID devices and degraded environments

o Variability and scope of previous experience.

The attached confidential Tender Evaluation Report provides a summary of the evaluation process and the total cost and weighted score for each tender. Full details of the tenders and evaluation are on F2009/00266.

The landscape maintenance and bush regeneration work required under this contract are most suitable for three separate contractors. This is due to the requirement for a wetland specialist and for two separate contractors to cover the northern and southern sector of Hornsby Local Government Area (LGA). The submissions by each contractor were evaluated by assessing their response to the specifications and their submitted Schedule of Rates. The main activities used to assess costs under the schedule of rates were “Bush Regeneration / Weeding / Landscaping” and “Hand Spraying”.

The results of the evaluation indicate that the preferred tenderers based on price and responses to selection criteria are Dragonfly Environmental Pty Ltd for all wetland assets, Australian Bushland Restoration Pty Ltd for the northern sector and Sydney Bush Regeneration Company Pty Ltd for the southern sector of Hornsby LGA. All three tenderers submitted highly professional and impressive submissions, supported by a competitive hourly rate for the work required. Additionally, all three tenderers received highly complementary references.

BUDGET

Sufficient funds have been set aside from the 2009/2010 budget for the cleaning and repair of SQIDs.

POLICY

This report has been written in accordance with Council’s tendering policy and procedures.

CONSULTATION

Tender documentation was prepared in consultation with Robyn McKenzie, Procurement Manager and David Beharrell, Team Leader Catchment Remediation.

The tender submissions have been evaluated on both price and expertise. The Tender Evaluation Committee comprised Anthony Newling (Coordinator, Bushland Operations), Sean Allison (Environmental Scientist, Bushland Projects) and Elizabeth Bulley (Environmental Scientist, Water Quality Assets).

TRIPLE BOTTOM LINE SUMMARY

Working with our community

Details of capital works and bush regeneration activities surrounding these works are reported annually in the Catchments Remediation Rate Capital Works Program Annual Report and available by enquiry.

Many of the sites which will be listed under this bush regeneration contract are in the same location or adjacent to community bushcare sites. Bush regeneration contractors work closely with these groups to reduce overlap and double handling.

Conserving our natural environment

As part of this contract, native revegetation of recently installed capital works is carried out. This includes the planting of sometimes thousands of plants, which will in turn contribute to a net reduction in greenhouse gas generation. This method of revegetation is employed to make the sites self sustaining and hence reduce the hours spent by contractors on maintenance, thus increasing the overall sustainability of the projects.

All native tubestock used in the revegetation surrounding SQIDs are sourced from Council’s nursery. These tubestock are grown from native seed collected in the area they are to be planted which maintains the genetics of the stock in that region. By the addition of native plants where weeds had previously dominated we can assist native pollinators and invertebrates who are specifically adapted for these native species. With native vegetation established once more the surrounding area will receive native seed in place of weed seed.

Establishing native vegetation around SQIDs will result in the surrounding and downstream bushland having an input of native seed rather than detrimental weed seed.

Contributing to community development through sustainable facilities and services

By reducing weed dominance and establishing native vegetation, Council will maintain the aesthetics of public spaces.

The stabilising of creek banks through extensive planting and regeneration of native stock will reduce bank collapse and provide a safer environment for the public. This planting will also create a barrier to the public entering or falling down steep creek edges.

Fulfilling our community’s vision in planning for the future of the Shire

By maintaining the integrity of Hornsby’s creeks and bushland Council is reflecting the increasingly important issue of environmental protection as demonstrated by local residents. This will in term preserve these important areas for future generations.

Supporting our diverse economy

Maintaining sound corporate and financial management

The removal of weeds and associated weed seed at the head waters of creeks which are easily transported in aquatic environments will save extensive cleanup costs downstream in the future.

SQID devices are considered a Council Asset and therefore the reduction of weeds choking these devices will aid in their aesthetic appeal. This contract is also considered to be financially sustainable because regular maintenance alleviates the need for expensive weed control in the future.

Other Sustainability Considerations

N/A

RESPONSIBLE OFFICER

The responsible officer is Elizabeth Bulley, Environmental Scientist – Water Quality Assets, Water Catchments Team, 9847 6965, 8:00am to 4:00pm, Monday to Friday.

RECOMMENDATION

Robert Stephens

Executive Manager

Environment Division

Attachments:

Confidential Memo - Evaluation Report - T8 2009 - This attachment should be dealt with in confidential session, under s10a (2) (c) of the Local Government Act, 1993. This report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

File Reference: F2009/00266

Document Number: D01185458

Executive Manager's Report No. WK34/09

Works Division

Date of Meeting: 8/07/2009

8 CHERRYBROOK - TRAFFIC AND PARKING ISSUES REVIEW

EXECUTIVE SUMMARY

Council has received a number of requests for changes to traffic and parking management in the area broadly defined by Greenway Park, the Cherrybrook Village Shopping Centre Purchase Road and Shepherds Drive. Forty-one requests for improvements to the operation of the roundabout at the entry to Cherrybrook Village Shopping Centre have been received by way of submissions to the draft Management Plan 2009/10 – 2011/12.

Recent developments have increased parking utilization and traffic generation, and future development is expected to further increase activity and demand. However, the planning of the road and parking network in Cherrybrook is essentially sound with recent surveys confirming prescribed traffic management standards are being met. Relatively minor changes are required to ensure road safety and traffic flow standards continue to be met, and that equitable access to parking continues.

PURPOSE/OBJECTIVE

This report has been prepared to review the operation of traffic and parking facilities in the area broadly defined by Greenway Park, the Cherrybrook Village Shopping Centre, Purchase Road and Shepherds Drive. Issues considered in this report are:

· The operation of the roundabout at the intersection of Shepherds Drive and Kenburn Avenue.

· Cherrybrook Shopping Village access and parking.

· Parking in Shepherds Drive on the approach to the roundabout.

· Parking within Greenway Park.

· Parking displaced onto local streets.

· Pedestrian access to shops.

· Parking near The Manor.

· Traffic at schools on Purchase Road.

· Intersection of New Line Road and Shepherds Drive/County Drive.

DISCUSSION

The area of Cherrybrook referred to in this report was identified as the service centre for the precinct when it was planned and subdivided over thirty years ago. Since then Cherrybrook has been subject to steady increases in activity as infill development has increased the population to levels able to sustain locally based services. Until recently Cherrybrook residents have experienced the benefit of forward planning where roads, parks and other facilities have operated at reduced capacity. Now that the population and traffic are reaching ultimate planned levels, some residents are concerned that Cherrybrook is being over developed. However, ongoing monitoring has verified that the road and parking networks are operating within prescribed standards. Traffic flow on local roads during peak periods meets traffic management performance standards for the Sydney metropolitan area. Parking is

available within the range considered desirable by pedestrian planning guidelines during parking peaks.

· Roundabout at the intersection of Shepherds Drive and Kenburn Avenue.

The redevelopment of Cherrybrook Village Shopping Centre in 2005 resulted in increased traffic delays in Shepherds Drive. Traffic attempting to enter Cherrybrook Shopping Village from the direction of New Line Road is now delayed by vehicles slowing to access parking spaces within the centre. However, while queuing did occur during traffic peaks, the extent and duration of the queuing fell below the level justifying major reconstruction according to prescribed traffic management standards. Despite site observations and traffic modelling confirming that Shepherds Drive was operating satisfactorily, Council, at the Ordinary Meeting of 8 August 2007 (WK49/07), resolved to investigate improvements to the roundabout.

The Local Traffic Committee considered two proposals to provide a left turn slip lane from Shepherds Drive into the shopping centre in May 2008 (LTC Item 12/2008) and recommended that the low cost left turn lane proposal using minimum design standards was acceptable and should be provided. A full report on the roundabout design options and related issues are included in Attachment 1.

The approved design was developed using Australian Standard vehicle templates and allows two cars to enter the roundabout at slow speed. The additional left turn lane was provided to store vehicles waiting to enter the shopping centre car park without obstructing through movements during traffic peaks. The lane widths in and approaching the roundabout are sufficient to allow through vehicles to slowly pass stopped vehicles. Where the left turning vehicle does not keep left, or either vehicle is larger than the design vehicle, the other vehicle has the option of using the mountable portion of the roundabout which is designed specifically to allow vehicles to cross at slow speed. This creates a low speed environment which is appropriate for the level of traffic congestion and pedestrian conflict occurring during peak periods. Whether or not the queue forms is dependant on motorists behaviour within the car park. Observation of the roundabout operation also shows through traffic is delayed by vehicles queuing in the roundabout when queues in the shopping centre car park limit entry opportunities. This in turn delays south bound vehicles. There is not a design solution possible on Shepherds Drive or the roundabout which can influence queuing within the car park.

There are two identified options to increase the road width. Firstly, further widening of the roadway (refer to Attachment 2) and secondly, narrowing of the roundabout island (refer to Attachment 3), have been investigated. However, neither option is considered suitable as such work would decrease the deflection path of the kerbside lane to the point where through vehicles may travel at an unrestricted speed through the roundabout, thus negating the road safety benefits of the roundabout when traffic is light. In addition, through vehicle speeds in the area of the pedestrian refuges at the roundabout would increase during peak periods if the lanes are wider. Such action cannot be supported on road safety grounds.

A comparison of typical queue lengths before and after the roundabout improvements completed in August 2008 are shown in Attachment 4. Further details of traffic count data are provided in Attachment 1. The lines shown in Attachment 4 represent the end of queues resulting from traffic travelling at less than 10 km/h, not necessarily stopped. The longer queue represents Level of Service C and the shorter Level of Service B. Level of Service C is considered acceptable for new traffic facilities in the Sydney Region. Observations of

queuing at this roundabout consistently show that queues form readily at times of high activity in the car park, but also dissipate relatively quickly.

Other options would be to signalise the intersection, either by signalising the roundabout or removing the roundabout and reconstructing the intersection. The cost of either option would exceed $200,000. Neither option is recommended as queues entering the car park would continue to form back into the intersection, preventing vehicles from entering the intersection. In addition, signals would result in vehicle delays occurring outside of peak periods as well as during peak periods. Signals may however, improve pedestrian access during peak periods. As the roundabout does not have an established crash history and the Level of Service is better than F, the site does not meet the RTA threshold for traffic signals. Consequently, the RTA would not contribute towards the work.

The Traffic Officer, Eastwood Police advises that the Police would not support providing a wider circulating roadway as it would result in higher speeds through the roundabout. Other sections of Shepherds Drive have a history of after hours speeding complaints and the roundabout in its current form has proven to be an effective speed management device with only one significant collision reported in the last 12 months.

Cherrybrook Village Shopping Centre management has advised that it is currently unable to consider financially contributing to further roadworks as it considers the left turn slip lane has reduced delays and complaints significantly. However, centre management will consider further changes to the internal layout of the car park to improve circulation and further reduce queuing into Shepherds Drive, as detailed later in this report. Council staff will continue to work with centre management on this issue.

Changes to the roundabout or approach lanes are not recommended as the roundabout is operating in accordance with the design brief and meets prescribed traffic flow and road safety standards. Widening the roadway at the roundabout would decrease road safety without improving access to the shopping centre and is also not supported.

· Cherrybrook Shopping Village access and parking.

As stated above, the key to improving traffic operation at Kenburn Avenue roundabout relies on preventing queuing in the car park extending back into Shepherds Drive. To manage the problem, Cherrybrook Village Shopping Centre has retained a traffic consultant to investigate and recommend changes to the layout of the car park to reduce delays and queuing. As a result, a number of changes have been made in consultation with Council since late 2005. Angle parking at the shopping centre car park entry was removed and replaced with a community bus stop. Later, diverging aisles near the entry were blocked off. Parking restrictions introduced earlier this year created more on site parking by removing commuters. Staff parking has been consolidated in specific areas. The traffic consultant is continuing to develop proposals involving low cost changes to pavement marking and pedestrian access to improve traffic flow within the car park.

Centre management has also attempted to influence driver behaviour by giving away shopping vouchers to attract customers into the underutilized multi-deck section of the car park. However, the initiative has only had moderate success as many motorists appear to prefer to wait for a space to be vacated near the main entry rather than drive further into the car park to access a vacant space.

While the changes to the car park have collectively provided useful improvements, many residents writing to Council have suggested a second entry via Greenway Park, near the Caltex Service station. Centre management has stated they will consider a second access over the longer term, however, recognize that it will be an extremely expensive project involving a long time frame to deliver. This matter was considered in more detail in Report WK2/09 considered by Council at the Ordinary Meeting of 11 February 2009. In that report Council’s Manager Parks and Landscapes Team supported a shared pedestrian bicycle link however was unable to support a vehicle link due to its greater adverse impact on the operation of Greenway Park. Those comments highlighted concerns regarding the loss of community open space and lack of alternative sites available to relocate affected sport facilities.

In addition to considerable construction costs, a second entry proposal would require extensive public consultation to determine whether the community would support changing the Plan of Management, reclassifying Community Land and subsequently rezoning the land. Council could fast track the process by initiating public consultation and reclassification, however, this would involve considerable Council resources. As the Centre management has stated that it is unable to consider funding a second entry in the short term, Council would have to bear the full cost of consultation and reclassification with no guarantee that current or future property owners would complete the process. A second access driveway would follow a similar alignment to the proposed pedestrian cycleway as shown in Attachment 5, however, due to the greater width, it would have a greater impact on Greenway Park.

A review of the traffic data indicates that a second entry/exit to Cherrybrook Village Shopping Centre may not completely solve nor sufficiently improve the queuing problem occurring at the Kenburn Avenue roundabout. Of particular concern is the volume of traffic entering the shopping village from the direction of the County Drive roundabout (300 vehicles per hour), and returning the same way (242 vph) during peak periods. Furthermore, substantial promotion and financial inducements by shopping centre management failed to attract motorists to use the underutilized multideck car park. Therefore the likelihood of motorists entering the area from the County Drive roundabout changing their behaviour to use the second entry to access the multideck car park area is unknown and cannot be reliably estimated. Committing Council to a relatively expensive course of action of a second car park entry, that involves rezoning and the loss of public open space and sports facilities, cannot be recommended where the benefit or outcome is uncertain.

The relatively minor changes to the operation of the car park made by Cherrybrook Village Shopping Centre have resulted in significant reductions to delays. Additional proposed internal works also appear feasible. While a second vehicle entry via Greenway Park may be seen as an improvement, it could be difficult to justify given current traffic volumes and the loss of open space and recreational facilities. Due to the costs of public consultation and reclassification of land, the need to plan for a second entry is effectively a decision for the Centre management unless Council is prepared to fund advance planning consultation and rezoning, which would in turn require Council to consider the budget implications. This work is currently unfunded.

· Parking in Shepherds Drive on the approach to the roundabout.

Some residents have requested that parking restrictions in Shepherds Drive on the approach to the Kenburn Avenue roundabout be extended to allow more queuing during peak periods. When the Local Traffic Committee (LTC) considered the roundabout design in 2008, the extent of parking restrictions required to allow the roundabout to operate properly was assessed using traffic data. The LTC was concerned that excessive removal of parking would

result in higher speeds in the vicinity of Shepherds Lane, the main access to Greenway Park. Therefore, peak period parking restrictions were only provided for approximately 60 metres between Shepherds Lane and the roundabout and about five vehicle parking spaces now remain during peaks. With parking removed all the way to Shepherds Lane, two lanes may queue across this intersection, making ingress and egress from Greenway Park more difficult as turning traffic would be required to judge the intentions of two lanes of moving traffic. Removing more parking from Shepherds Drive will also result in those vehicles relocating elsewhere in other sections of Shepherds Drive, Kenburn Avenue or Greenway Park and should only be implemented after assessment of these implications. This is discussed elsewhere in this report.

Site observations confirm that the duration of queuing falls short of the warrant required to provide an “It is Illegal to Queue Across Intersections” pavement marking, which cannot be installed without RTA and Police approval. As queues across Shepherds Lane are almost constantly moving such a facility would be unworkable and unenforceable.

The extent of queuing in Shepherds Drive will continue to be monitored and if queues increase to levels experienced prior to the changes to the roundabout in August 2008, changes to traffic or parking management will be further considered and proposals referred to the Local Traffic Committee for consideration.

Given the volumes of traffic accessing Shepherds Drive during peak periods, and the relatively infrequent queuing past this point, it is recommended that the current parking restrictions be maintained. The current delays in Shepherds Drive meet prescribed performance standards and removing parking to achieve a slight reduction in delay does not justify the increased road safety risk of having two lanes queuing across Shepherds Lane.

· Parking within Greenway Park.

The Manager Parks and Landscapes Team, is responsible for the outdoor facilities in Greenway Park and has provided the following comments.

“Greenway Park is a large park with a number of facilities each capable of drawing high levels of visitors. Facilities and activities occurring in the park include a community centre and a soon to open attached child care centre, an aquatic centre, sportsgrounds for AFL/baseball, and rugby league/cricket/athletics, netball courts, a tennis court, a skate facility, a dog off leash area and a surrounding path for cycling and walking. Greenway Park is, however, better provided with off-street parking than any other park in Hornsby Shire. There are times when this parking capacity is exceeded but this appears to occur on only about 12 days each year and then for only a part of these days.

In other words, the parking capacity at Greenway Park is adequate more than 95% of the time, which is likely to be better than the performance of most busy car parks whether in public reserves or elsewhere. The problem is that, as at most car parks, drivers seeking parking feel inconvenienced if they cannot find a parking spot very close to the particular facility that they wish to use. Most of the users of Greenway Park co-exist well despite times when parking demand stretches the park’s capacity.

The parking is divided between unlinked upper and lower sections accessible by separate entrances to the park off Shepherds Drive. The most sought after area for parking spots is the car park in the upper section to the east of the community centre

and to the south of the AFL/Baseball field known as Greenway number 1 oval. (‘the middle car park’) Even so, most of the time this car park has the capacity to cope with the demand. This middle car park reaches capacity when:

· AFL has a home game on Sundays (up to 12 per year)

· AFL weekday evening training coincides with heavy use of Cherrybrook Aquatic Centre and Cherrybrook Community Centre (up to three evenings a week from March to August)

· Cherrybrook Probus Club’s Thursday morning meetings attract large numbers (several Thursdays per year).

Observations by the Parks and Landscape Team show that this middle car park is also used by various groups using the community centre (but particularly the Anglican Church congregation), overflow parking for the aquatic centre, and some parking probably associated with the shopping centre. Most of the time when this middle car park is full, there is still capacity in the lower car parks accessed by a second (northern) entrance to Greenway Park off Shepherds Drive. The problem for drivers seeking parking is that in order to access this parking, drivers are required to exit the park via the same southern entrance that they used and re-enter the park after travelling along Shepherds Drive.

It would be possible to link the upper and lower car parks to allow movement between them at times of high parking demand but this would be undesirable from the viewpoint of preserving the amenity of the park. A road would need to pass through a pinch point that already contains a popular pathway for walking and cycling and also contains the surrounds to the skate facility. A road here would create user conflicts and result in more hard surfaces in this already highly-developed park.

Alternatively it may be possible to install advisory signage at the southern entrance to the park advising motorists of the capacity of the car parks however this would be expensive to install and maintain.

The lower car parks are mainly for the use of visitors to the lower Number Two Oval – cricket, athletics and rugby league and the adjoining netball and tennis courts and skate facility This oval generates lower peak traffic demand than the much larger Number One Oval. The parking patterns for the users of the two ovals seems to indicate that users of Number One Oval use the middle car park accessed from the southern park entrance and the Number Two Oval visitors use the northern park entrance and associated car parks. These car parks reach capacity less often than the upper car parks though it does occur for part of the day when both AFL and rugby league host home games on a Sunday. This occurs only about five days per year. They may become close to capacity when both rugby league and netball training is on during midweek evenings between March and August.

Another problem that has been brought to Council’s attention is the difficulty posed for some community centre users when they cannot find parking close to the community centre at busy times i.e. during Sunday church services that coincide with AFL home matches and during Probus Club meetings. Many of these visitors are elderly and some also frail. Due to repeated representations made by the church congregations and supported by former Councillor Horne, in 2008 the church was given informal

permission to reserve up to 30 car spaces near the community centre by placing witches hats and providing a parking marshal to oversee the use of these spaces. Such reservation does not and cannot have any official status as the parking in Greenway Park and other reserves should be equally available to all members of the public. The procedure is an imperfect solution and has led to:

· occasional objections by AFL visitors in which case the church representatives do not resist parking in the reserved space by the objecting AFL visitor

· unconfirmed reports of AFL protecting or attempting to reserve its own parking spaces at the expense of other visitors such as aquatic centre visitors

This demonstrates that any steps to reserve spaces for a particular class of visitor to the park is likely to lead to resentment and an expectation from other classes of visitors that they too should have reserved parking. Any trend towards more widespread reserved parking would be likely to cause very inefficient use of parking capacity in the park and a breakdown of regard for the reserved parking. Already there is an issue of parking contrary to ‘no parking’ notices around the internal roads in the park and this can impede traffic movement and pedestrian safety in the park.

Investigations together with the Traffic Branch during 2007 showed that there is capacity to increase the number of parking spaces within Greenway Park by 15 spaces in the area between the community centre and aquatic centre. This would come at a cost both financially and to the amenity of the park. Because the additional spaces would be in an area of high demand they would be likely to be well utilised however most of the time this would result in less utilisation of existing spaces elsewhere in the park. The marginal benefit of the additional spaces would not justify the expense estimated at over $80,000 and amenity impact.

Regarding the proposal to develop a school sportsground for community use, Council has commissioned a traffic and parking consultant who investigated the capacity of the school car parks to meet sportsground parking needs. The report found that despite existing regular after hours use of various school facilities there would be sufficient capacity in the car parks and in the bus bays on Purchase Rd to meet sportsground needs, except on about 20 weeknights per annum when training would not be possible because larger school events would require all the parking. The schools would advise Council of these dates early each year and the sportsground would be unavailable to sports clubs on those occasions. Apart from that, it is expected that all parking needs can be accommodated without the need for additional parking spaces at Greenway Park.

In conclusion, while parking at Greenway Park is such that not all users can always find the parking space most convenient to their particular needs, it is nevertheless adequate for all users to find a space within the park almost all the time, and allowing for a little inconvenience. To overcome this inconvenience would impact on the budget available for Parks capital works, the amenity of Greenway Park, and equity among visitors to the park. Therefore, the Parks and Landscape Team does not support measures to provide greater parking convenience for visitors to Greenway Park that would involve creating more parking spaces, linking upper and lower car parks, creating reserved parking or providing technology to advise of parking capacity.

There may be potential to reduce some of the congestion with better coordination of scheduling at the various sportsgrounds, aquatic centre and community centre but the reality is that for the most part, each has the same or similar period of peak demand on weekday evenings and weekends.”

Following comments from the public that commuters are parking near the community centre in Greenway Park, surveys were undertaken during May 2009, comparing vehicles parked prior to 9.00am with those vehicles parked after 3.00pm. The number plate surveys indicate that commuter parking is insignificant with fewer than seven vehicles (other than construction workers engaged with the child care centre) parking all day out of the 113 spaces. The survey confirmed that the number of vacant spaces is more than adequate to service the proposed child care centre at the times they will be required by parents, which is before 9.00am and after 4.00pm.

On one Thursday a month, the Probus Club almost completely fills the carpark between 9.00am and 12.00pm. Buses parking illegally across parking bays have on occasion reduced parking availability in that car park, however, other parking is available within 400 metres. Disabled community centre patrons have access to disabled parking spaces or a parking exemption permit issued by the community centre enabling patrons to use the “No Parking” Zone adjacent to the centre. Council’s Traffic Rangers regularly patrol the car park to ensure that vehicles park in marked spaces and buses do not park on site.

Before bookings at the community centre are taken it would be appropriate for community centre management to liaise with Council’s Parks and Landscapes Team to ensure that large groups that are seeking to use the community centre are aware of other activities. Advice regarding such likelihood can be readily provided if required.

· Parking displaced onto local streets.

Residents in Shepherds Drive, Kenburn Avenue and Tallowwood Avenue have contacted Council concerned by the number of vehicles parked in their streets. It appears that within the last twelve months bus patronage has increased, particularly on the Citybus service, resulting in commuters parking near the bus stops. To deter commuters from parking within Cherrybrook Village, Council commenced enforcement of 3P restrictions, displacing commuters and workers without dedicated parking spaces on to local streets.

Roads throughout Cherrybrook are designed to allow the safe movement of traffic concurrently with on street parking in accordance with their status in the road hierarchy. For example, Shepherds Drive, Purchase Road and other collector roads allow two directions of traffic to travel unconstrained with both parking lanes occupied. Minor roads such as Kenburn Avenue require reduced speeds when both sides of the road contain parked vehicles. Therefore, given that planning requirements do not generally provide for all parking to occur on site, it is appropriate that visitors have the option of on street parking near schools, recreation facilities and shops.

Local streets are regularly patrolled to ensure parking regulations are obeyed to maintain the safe movement of traffic. In addition, when bus companies experience running problems with traffic or parking, Council is contacted and requested to take action. Currently there are no outstanding issues regarding bus access in Cherrybrook.

Regarding commuters using Greenway Park, the Manager Parks and Landscapes Team comments that:

“Greenway Park would appear to have some capacity to receive commuter parking on most Mondays, Tuesdays, Wednesdays and Fridays. The Probus Club make heavy use of the carpark on Thursdays at present. This appears to have been a recent development and a rise in parking demand from other activities on other weekdays cannot be ruled out. The users of the facilities of Greenway Park should have first call on parking without the need to compete for parking with non-visitors to the Park.

There is nothing preventing non-visitors to Greenway Park using car park spaces at present. However, anecdotally, such use appears to be low, indicating a lack of demand from commuters and others probably because of the ready availability of more convenient alternative car parking capacity.

I would be concerned if a measure was introduced to encourage the use of Greenway Park for parking for non-visitors. This would tend to reduce the parking available to genuine park visitors. It would require a change to the Plan of Management for Greenway Park to allow the facilities to be used for off-park purposes. This may be in contravention of the legislated core objectives for the relevant categories of community land in the Local Government Act 1993. These core objectives strictly prescribe the uses to which community land may be put.”

While there is some evidence that commuters are using Greenway Park, to promote or otherwise manage commuter parking within the park will require a review of the Plan of Management. In any event, it is unlikely to resolve the operation of the Kenburn Ave roundabout. As the road network is designed to allow safe on street parking there will be no net benefit for residents, motorists or commuters if commuter parking is relocated.

In summary, the local road network was designed to provide on street parking concurrently with anticipated traffic volumes, and recent investigations have confirmed no specific road safety problems. Although Greenway Park appears to have excess capacity suitable for commuter parking, encouraging certain categories of users to park in set locations would be difficult to manage as regulations used to enforce parking on road and in public areas do not distinguish between categories of users. Currently, parking appears to be managing itself, even during peak periods, and further management by way of parking restrictions or information signage is not appropriate as it would benefit one group over another.

· Pedestrian access to shops.

Report WK02/09 considered by Council on 11 February 2009 dealt with issues relating to providing a shared pedestrian bicycle access from Greenway Park near the Caltex service station. Council resolved not to contribute to this facility and it remains a matter for Cherrybrook Village Shopping Centre management to consider. The same report considered a direct connection between the bus stop on Shepherds Drive and the shopping centre, however, due to the level difference and requirement to provide disabled access a direct connection would not be any shorter than the current arrangement via the shopping centre driveway.

Pedestrian refuges have been provided to cross Shepherds Drive at the Kenburn Avenue roundabout, and about 150 metres east of Kenburn Avenue. Pedestrian volumes currently do not meet the RTA requirement for the safe operation of marked foot crossings, therefore zebra crossings cannot be provided as the RTA is the consent authority for these facilities. The relatively low speed environment and congestion during peak periods creates opportunities for pedestrians to cross using the median islands on the roundabout.

Pedestrian access could be improved by signalising the intersection of Shepherds Drive and Kenburn Avenue. However, as stated above, the cost would exceed $200,000 and would have adverse impacts on traffic flow and residential amenity outside of peak periods. Currently, signalising the intersection is not justified given the relatively low demand pedestrian demand, number of alternative pedestrian crossings and the overall expense.

A direct shared pedestrian/bicycle connection through Greenway Park is feasible. This matter was considered in more detail in Report WK2/09 considered by Council at the Ordinary Meeting of 11 February 2009. Council resolved that should this project proceed, it should be fully funded by the shopping centre. The concept design report prepared for Council has been referred to Cherrybrook Village Shopping Centre management for their consideration as per Council’s resolution.

· Parking near The Manor

On 18 June 2009 Council, received a petition organised by the Strata Manager of The Manor, signed by residents representing fifty households, requesting that Council provide parking restrictions near the driveway to The Manor similar to that provided at intersections. The petitioners appear unaware that Glamorgan Way is a private driveway and not a public road. As such, the operation of the driveway cannot be compared with a public road as different design guidelines and traffic regulations apply. Generally, Councils do not provide parking restrictions at private driveways unless there is a documented crash history or the site characteristics indicate the location is a high risk.

Under traffic regulations, the driveway crossing is effectively a ’Stop‘ facility, requiring motorists entering and leaving driveways to stop and give way to all road traffic, as well as pedestrians on the footway. In recognition of the driveway’s status in the traffic regulations, the developer has provided a gutter crossing and footpath crossing to reinforce the need for motorists to give way to pedestrians as well as traffic on Shepherds Drive. The need to stop to check for approaching traffic is an integral part of managing speeds across a footway area. Council has investigated the location a number of times in recent months and determined that parking near The Manor occurs sporadically and when it occurs, sight distance remains satisfactory. This has been checked by reversing into the exit driveway when large vehicles have been parked nearby. Sight distance at driveways cannot be compared with intersections, which unless signposted otherwise are considered to be ‘Give Way’ facilities.

Nevertheless the driveway to The Manor is exceptionally wide, over 15 metres at the kerb, with separate carriageways. Sight distance at this driveway without parking restrictions is superior to most in the Shire, and easily exceeds that of a typical 6 or 7 metre driveway serving a medium density development with one adjacent parking space restricted. At 12 metres width, Shepherds Drive allows over a metre clear space between a parked car and a travelling vehicle, which again provides additional sight distance. Random surveys at various times, including weekends and after hours, has confirmed that parking near The Manor occurs sporadically and when it does sight distance is satisfactory for the speeds encountered on Shepherds Drive. Overall, the driveway at The Manor poses a relatively low risk compared to other driveways serving medium or high density developments in the Shire which experience almost constant on street parking.

This year, Council’s Traffic and Road Safety Branch will develop a draft policy regarding parking restrictions at driveways. If adopted, this will be a new policy which will require liaison with other councils, the Police and the RTA, review of driveway related crash data across the Shire, the development of a risk assessment matrix, consideration of benefits and

disbenefits including costs. The policy will provide guidelines on whether Council should provide parking restrictions at private driveways, and if so, how to rank priorities given the large number of driveways involved. On adoption, this access will be assessed and any action considered appropriate in terms of the policy will be further considered.

· Traffic near schools on Purchase Road.

Council has received requests from residents concerned about traffic congestion in Purchase Road outside the schools. Requests include additional pedestrian crossings near Hancock Drive roundabout and more parking enforcement.

Each year Council writes to all school principals in the Shire with road safety information for distribution and provides the contact numbers for Council’s Traffic Rangers and the Road Safety Officer. Each school principal is the responsible contact for road safety matters around their school and Council refers all school related road safety requests to principals for comment.

Following a request from the Cherrybrook Technology High School Principal about four years ago, Council met on site with the principal, the RTA, the Police and the bus operator to discuss the operation of the roundabout and parking management. All at the meeting agreed that providing pedestrian crossings at the roundabout (including the school driveway) would lead to Purchase Road grid-locking during school peaks and as a result cause other problems further reducing pedestrian safety. Council’s Manager Traffic and Road Safety telephoned the Principal in May 2009 to discuss this issue. While road safety outside the school is a concern, it was agreed that the traffic congestion is typical of schools and there are no specific issues with either traffic or parking management that require further consideration by Council.

As of May 2009, Council's Traffic Rangers have attended Purchase Road thirteen times this year and issued a moderate amount of infringements compared to other schools. The Police have also attended a number of times and state that driver behaviour and congestion is typical of a school environment. Both Council Rangers and Police need to balance their limited resources across the Shire to ensure all areas are treated equitably and neither agency considers that the problem in Purchase Road is significant enough to withdraw patrols at other schools to resource extra patrols at this school as this time.

Purchase Road is one of the busier school precincts in the Shire. However, the available crash data, regular enforcement patrols and monitoring indicate no unusual problems compared to other schools. Council will continue to monitor the location and provide the school with parking and road safety information.

· Intersection of New Line Road and Shepherds Drive/County Drive

Requests continue to be received regarding pedestrian access across New Line Road near the Shepherds Drive/County Drive roundabout. New Line Road is a State Classified Road and therefore operation of the road and its intersections is the responsibility of the RTA. Council has written to the RTA on a number of occasions in recent years requesting that pedestrian access near the roundabout be improved. In addition, on 3 May, 2006, a delegation from Hornsby Shire Council and The Hills Shire Council, together with the Member for Hawkesbury, met with the (then) Minister for Roads, the Hon Eric Roosendaal MP, to urge progress implementing the recommendations of a Route Development Strategy for Old Northern Road and New Line Road, completed in 1998.

Council wrote to the Regional Manager of the RTA again in 2007, urging progress on the matter, and continues to refer letters from the public to the RTA endorsing the requests. In addition, Council wrote to the Local Member for Hornsby in April 2009 requesting representations to the Minster for Roads regarding the status of the Route Development Strategy. Council received a response from the Local Member in June 2009, enclosing an acknowledgement letter from the Office of the Minister for Roads. To date, no substantive response has been received from the Minister or the RTA.

CONCLUSION

Ongoing monitoring and data collection indicate that generally traffic flow, road safety and parking provision in Cherrybrook meets the required standards for local road management used throughout the Sydney metropolitan area. A summary of the outcome of the investigations into the issues follows.

Operation of the roundabout at the intersection of Shepherds Drive and Kenburn Avenue

Changes to the roundabout completed in August 2008 improved operation from Level of Service C to Level of Service B, and there are no design deficiencies requiring further attention. Council will continue to review the traffic flow and crash data in consultation with the RTA and Police.

Cherrybrook Shopping Village access and parking

A second entry cannot be justified at this stage but should be considered with any major refurbishment in the future. The need to rezone part of Greenway Park may need to be considered however this may not be required if the refurbishment involves significant changes to the car park layout. Council staff will continue to work with the Shopping Village management to further improve traffic flow within the car park.

Parking in Shepherds Drive on the approach to the roundabout

Complete removal of parking between Shepherds Lane and the roundabout will have an adverse impact on the operation of the driveway to Greenway Park. Given that delays are currently of short duration, removal of parking during peak periods cannot be justified.

Parking within Greenway Park

Sufficient parking is available within Greenway Park to cater for other than infrequent instances of heavy multiple usage, in which case additional parking is available within convenient walking distance. Recent parking surveys confirm that parking is available during the times required by the Child Care Centre. Additional parking management is not considered necessary, however co-ordination between Branches when taking bookings for activities in the community centre and the park (including the proposed use of the school ovals) will ensure major events are staggered to ensure access to parking on site where possible.

Parking displaced onto local streets

Shepherds Drive, Kenburn Avenue and other local roads are designed to allow safe parking on street and the amount of parking now occurring reflects the range of services and facilities

attracting patronage. Council will continue to monitor on street parking to ensure traffic flow and road safety remains at acceptable levels.

Pedestrian access to shops

Crossing facilities and paved paths provide a variety of pedestrian routes to local schools, Greenway Park, bus services and Cherrybrook Village Shopping Centre. A direct pedestrian/bicycle connection through Greenway Park into the multideck area of the shopping centre is feasible and the concept report prepared for Council in February 2009 has been referred to Cherrybrook Village Shopping Centre management for their consideration.

Parking near The Manor

The matter of whether it is appropriate to provide parking restrictions at private driveways, and what factors should be considered, will be the subject of a new “Parking near driveways” policy to be prepared later this year in consultation with the RTA and Police. The issues raised by the residents of The Manor will be considered when preparing and/or implementing the policy.

Traffic near schools on Purchase Road

Additional marked foot crossings near Cherrybrook Technology High are not considered appropriate. Council will continue to maintain contact with the principals of John Purchase Public School and Cherrybrook Technology High School to ensure road safety matters are dealt with and Traffic Rangers will continue to visit this school in accordance with the school patrol roster.

Intersection of New Line Road and Shepherds Drive/County Drive

The operation of this intersection is the responsibility of the RTA however Council will continue to lobby for improved pedestrian access.

BUDGET

There are no budget implications if the recommendations are adopted.

POLICY

A new policy for the management of parking at private driveways will be developed by Traffic and Road Safety Branch. There are no other policy implications in this report.

CONSULTATION

The Executive team, Manager Design and Construction, Manager Parks and Landscapes Team, Traffic Officer Eastwood Police, Principal Cherrybrook Technology High School and Cherrybrook Village Shopping Centre management were consulted in the preparation of this report.

TRIPLE BOTTOM LINE SUMMARY

As this report simply provides Council with information and does not propose any actions which require a sustainability assessment, no Triple Bottom Line considerations apply.

RESPONSIBLE OFFICER

This report was prepared by Council’s Manager Traffic and Road Safety, Mr Lawrence Nagy telephone 9847 6524.