MINUTES OF ORDINARY MEETING
Held at COUNCIL CHAMBERS, HORNSBY
on Wednesday, 14 October, 2009
at 6.45 pm
Councillors Browne (Chairman), Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
NATIONAL ANTHEM
OPENING PRAYER
Father Robert Borg of St. Bernard’s Catholic Church, Berowra, 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."
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 to refrain from making personal comments or criticisms."
RESOLVED ON THE MOTION OF COUNCILLOR EVANS, seconded by COUNCILLOR HUTCHENCE,
THAT an apology be received and accepted for the non-attendance of COUNCILLORS BERMAN and CHOPRA.
presentations
Nil
declarations of interest
Nil
confirmation of minutes
petitionS
Nil
Mayoral Minutes
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NOTE: Item 23, Mayoral Minute No. MM14/09 - Progression of Legal Action Concerning Hornsby Quarry, was considered in Confidential Session. The Mayoral Minute is, therefore, shown in the Confidential Items section of these Minutes. |
Notices of Motion
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1 NOM8/09 Beecroft Road School Zones (F2004/09758) |
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RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Smart,
THAT Council write to the Roads and Traffic Authority requesting that the 40 km/h school zones along Beecroft Road between Mount St Benedict College and Cheltenham Girls High School be consolidated into one continuous zone between Pennant Hills Road and The Boulevarde, Cheltenham. |
MATTERS OF URGENCY
RESOLVED ON THE MOTION OF COUNCILLOR RUSSELL, seconded by COUNCILLOR SMART,
THAT COUNCILLOR RUSSELL be permitted to raise a Matter of Urgency regarding the recovery of administrative charges and fines imposed in respect of alleged offences under the POEO Act 1997 relating to Brooklyn sullage services.
RESOLVED ON THE MOTION OF COUNCILLOR RUSSELL, seconded by COUNCILLOR MCMURDO,
THAT Council defer consideration of this item until later in the meeting, such that it be discussed in Confidential Session. Refer to Confidential Items in these Minutes.
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, 5, 10, 13, 16, 17, 18, 22 and 23 were withdrawn for discussion.
RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT the recommendations in respect of items 2, 6, 7, 8, 9, 11, 12, 14, 15 and 21 be adopted.
For the sake of clarity, the above items are recorded in Agenda sequence.
Note: Persons wishing to address Council on matters which were on the Agenda were permitted to speak, prior to the item being discussed, and their names are recorded in the Minutes in respect of that particular item.
GENERAL BUSINESS
General Manager's Division
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2 GM15/09 Organisation Structure (F2005/00087) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT:
1. The Organisation Structure be determined to consist of five (5) Divisions being:
General Manager Corporate & Community Works Planning Environment
2. The General Manager’s Division include a Corporate Strategy Branch and a Human Resources Branch.
3. The Development Contribution Plan and Economic Development be transferred to the Planning Division under the management of the Executive Manager Planning.
4. The Manager, Corporate Strategy within the General Manager’s Division assume responsibility for the decentralised Customer Service function in accordance with the requirements set out in this Report. |
Corporate and Community Division
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3 CC76/09 History Cottage, Galston Recreation Reserve, 412X Galston Road, Galston - Proposed Lease to Dural and District Historical Society (F2004/08060) |
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Mr Ken Bradley, on behalf of the Dural and District Historical Society Inc., addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR Russell, seconded by COUNCILLOR Hutchence,
THAT consideration of Report No. CC76/09 be deferred to allow the matter to be further investigated by the Community, Cultural and Recreation Facilities Task Force in consultation with the Dural and District Historical Society Inc. |
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4 CC79/09 August 2009 Investment and Borrowing Report (F2004/06987) |
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Mr Joe Nagy, of Wahroonga, addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Evans,
THAT the contents of the Executive Manager’s Report No. CC79/09 be received and noted. |
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5 CC82/09 Presentation Of The 2008/09 Audited Financial Statements To The Public (F2009/00176) |
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NOTE: Council’s Auditor, Mr Dennis Banicevic, of PricewaterhouseCoopers, addressed Council regarding this item.
Mr Joe Nagy, of Wahroonga, addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Smart,
THAT:
1. The General Purpose and Special Purpose Financial Reports (including the Auditor's Report) for the year ended 30 June 2009, as presented to the public on 14 October 2009, be adopted.
2. a) Mr Nagy’s Submission, distributed to Councillors at the Ordinary Meeting of 14 October 2009, be received and noted.
b) A report, covering the issues raised in the submission, be prepared for Council’s consideration at the next available Ordinary Meeting. |
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6 CC83/09 Computer Equipment Operating Lease (F2004/07422) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT:
1. Council approve the proposal to seek quotations from those on the new Local Government Procurement contract and other interested parties in respect of an operating lease for computer equipment as detailed in Report No CC83/09.
2. Upon receipt and evaluation of the quotes, the General Manager be authorised to accept the lowest recommended quote for the lease and complete the necessary documentation. |
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7 CC84/09 Document Access Applications 21 July 2009 - 23 September 2009 (F2006/00479-02) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT the documents outlined in Attachment 2 of Report No. CC84/09 remain exempt from release under Council's Document Access Policy. |
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8 CC85/09 Declarations of Pecuniary Interest and Other Matters (F2009/00480) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT Council note that the Disclosure of Pecuniary Interests and Other Matters Returns recently lodged with the General Manager have been tabled as required by the Local Government Act. |
Environment Division
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9 EN36/09 Analysis - Hornsby Local Government Area Potable Water Consumption Data (1998-2008) (F2008/00519) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT the contents of Executive Manager’s Report No. EN36/09 be received and noted. |
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10 EN39/09 Tree Removal at 34 Dean Street, West Pennant Hills (TA/1413/2007) |
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RESOLVED ON THE MOTION OF COUNCILLOR EVANS, seconded by COUNCILLOR HUTCHENCE, THAT consideration of Executive Manager’s Report No. EN39/09 be deferred to enable the Applicant time to submit further information. |
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11 EN41/09 Removal of Abandoned and Unattended Shopping Trolleys in the Hornsby Shire (F2004/08769) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT the contents of Executive Manager’s Report No. EN41/09 be received and noted. |
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12 EN42/09 Adoption of the 2008-2009 Estuary Management Program Annual Report (F2004/06902) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT the 2008/09 Estuary Management Program Annual Report be adopted. |
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13 EN44/09 Waste and Sustainability Improvement Payments Program (F2004/08801) |
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RESOLVED ON THE MOTION OF COUNCILLOR McMurdo, seconded by COUNCILLOR Russell, THAT a further report be prepared for Council’s consideration prior to the end of April 2010, providing a schedule of programs recommended for inclusion in the WSIP program. |
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14 EN45/09 Game and Feral Animal Control Amendment Bill 2009 (F2004/09257) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT Council forward letters of objection to the Game and Feral Animal Control Amendment Bill 2009 to the NSW Premier, the Minister for the Environment, Climate Change and Water, the Minister for Primary Industries and the local State Members of Parliament. |
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15 EN46/09 Tender T25/2009 Derelict Boat Removal from Sandbrook Inlet, Brooklyn. (F2009/00473) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT Council accept the tender of Antoun Civil Engineering (Aust) Pty Ltd, Gilford, for all work under Tender T25/2009, Derelict boat removal from Sandbrook Inlet, Brooklyn. |
Nil
Nil
Works Division
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16 WK74/09 Hornsby Quarry and Adjoining Lands (F2004/08984-06) |
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Ms Jacs Betlem, of Hornsby, addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR Mills, seconded by COUNCILLOR Evans,
THAT:
1. The contents of Executive Manager’s Report No. WK74/09 be received and noted.
2. Council proceed to invite Expressions of Interest from Consultants for the preparation of the planning and environmental approvals necessary to facilitate the filling of the Quarry pit with VENM.
3. The necessary funding as outlined in the Report be funded from the current restricted asset account for the site. |
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17 WK75/09 Cherrybrook - Traffic and Parking Management (F2004/09848) |
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MOVED ON THE MOTION OF COUNCILLOR Mills, seconded by COUNCILLOR Hutchence,
THAT: 1. Council note:
a) The time line for the construction of a new rail line from Epping to Castle Hill past Cherrybrook is now indeterminate and possibly a number of years into the future.
b) There is no pedestrian crossing facility across New Line Road at Shepherds Drive on the walking route to the Cherrybrook district centre, community, recreational, child care and open space precincts, and major shopping precinct, and there is no safe crossing over New Line Road at County Drive at the multi-lane roundabout which cyclists can use.
c) Approximately 50% of vehicle trips in Cherrybrook are under 5km (i.e. local trips). It is possible within a short to medium time frame to address some of these traffic factors locally. For longer distance trips out of Cherrybrook, possible strategies relate to broader structural sub-regional problems resulting from the road-based transport strategies pursued.
d) Previous representations from representatives of Cherrybrook Technology High School indicate that the provision of the pedestrian routes is of prime importance to the school community.
e) Cherrybrook is served by bus services to Castle Hill, Pennant Hills, Parramatta, Macquarie Park and the CBD, and the closest rail station is Pennant Hills Station. No integrated local transport planning information exists for residents looking to integrate pedestrian or cycle access to local destinations, or local public transport, or to link with rail transport at Pennant Hills station.
f) The Cherrybrook Local Transport Plan recommended a number of initiatives for both short and long term implementation, including review of internal Council policy, lobbying of government instrumentalities, engineering works, education of the community, and promotional initiatives. The plan involved close coordination within Council and partnership with other relevant authorities. The key objective of the plan was to reduce the proportion of trips made by car travel by promoting other modes of transport. Strategies were to target specific groups such as seniors, families and commuters.
2. Council note that the “Police and RTA representatives are aware that queuing occurs sporadically through peak periods” (LTC25/2009) and “further reductions in traffic delays experienced on Shepherds Drive will depend on improvements to traffic flow within the Cherrybrook Village shopping centre car park.” (WK75/09).
3. Council note that Cherrybrook Village Shopping Centre management will continue to monitor and take action to improve traffic flow within its car park which in turn is expected to reduce delays at the roundabout at the intersection of Shepherds Drive and Kenburn Avenue.
4. Council staff continue to liaise with Cherrybrook Village Shopping Centre management regarding improvements to traffic flow within the shopping centre carpark.
5. Council note the investigatory and pre-planning work undertaken by Council for a shared pedestrian/bicycle walkway between the Cherrybrook Village shopping centre car park and Greenway Park, and a second vehicle entry point at the same location.
6. Council note that the need for further improvements to pedestrian, cycle and vehicle access to Cherrybrook Village Shopping Centre, including secondary access points, is a matter for the centre management to consider in the first instance, in liaison with Council.
7. The proposed construction of a footpath in Shepherds Drive between the service station and the pedestrian refuge opposite No 68, under the 2009/10 Footpath Improvement Program be noted.
8. A bus shelter be provided in Shepherds Drive adjacent to the Rural Fire Service facility, funded from the Restricted Asset as outlined above.
9. Use of the lower car park in Greenway park for commuter parking on a trial basis be noted, with a report provided at the end of the trial period providing details of the use and impact on the adjoining open space facilities, identifying additional works such as lighting and policy amendments that may be required if this initiative is to be made permanent.
10. a) The Executive Manager Works prepare a report for Council consideration by the March Ordinary Meeting on the remaining steps required to implement the recommended strategies and actions of the Cherrybrook Local Transport Plan (the 'Plan') and the initiatives in Executive Manager's Report No. WK70/01, and provide a recommendation as to revising that Plan with up-to-date initiatives based on community consultation and input as part of Council’s 2010/11 Management Plan.
b) Prior to the March Ordinary Meeting, the Executive Manager Works arrange a stakeholder meeting with the Executive Managers of Environment and Works, the Managers of the Parks and Landscapes and Traffic and Road Safety Branches, the Mayor, B Ward Councillors, other interested Councillors and representatives from the Department of Transport, Roads and Traffic Authority, and representatives of the schools and Bike North.
c) Council prepare a community guide/map which facilitates pedestrian and bicycle access and use within Cherrybrook, and encourage the use of public transport to destinations outside of Cherrybrook.
11. Information and signage to encourage use of the lower car park in Greenway Park, and the resource identified in 10(c) above, be developed in consultation with the centre management.
12. Two car parking spaces in Shepherds Drive between Shepherds Lane and Kenburn Road (closest to Kenburn Road) be removed.
13. Parking restrictions be placed in Shepherds Drive either side of the driveway entrance to The Manor as considered appropriate by the Manager, Traffic and Road Safety, consistent with the restrictions currently in place in Shepherds Drive at Shepherds Lane.
14 Council note the inaction by the State Government regarding the North West Metro/Rail Link and State road network including Boundary Road and New Line Road is compounding the transport problems experienced by local residents, public transport providers and road haulage companies.
15. Council also write to the State Minister for Roads, urging action to improve traffic flow and pedestrian access on Boundary Road and New Line Road between Pennant Hills Road and Old Northern Road, Dural.
AN AMENDMENT WAS MOVED BY COUNCILLOR MCMURDO, seconded by COUNCILLOR RUSSELL,
THAT consideration of this matter be deferred to enable a workshop to take place to further discuss the issues.
THE AMENDMENT, MOVED BY COUNCILLOR MCMURDO, seconded by COUNCILLOR RUSSELL, WAS PUT AND LOST.
THE MOTION, MOVED BY COUNCILLOR MILLS, seconded by COUNCILLOR HUTCHENCE, WAS PUT AND CARRIED. |
Supplementary Reports
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21 EN30/09 Hornsby Shire 2020: Framework for a Sustainable Future (F2004/06556-02) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT:
1. Hornsby 2020: A Framework for a Sustainable Future be adopted by Council.
2. An action plan be developed for the roll out of the Framework including staff education workshops on the use of the Framework and the integration with the Community Strategic Plan. |
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22 EN40/09 Review of the Operation of the Protection of the Environment Operations Act 1997 (F2004/09493-03) |
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RESOLVED ON THE MOTION OF COUNCILLOR Russell, seconded by COUNCILLOR Smart,
THAT consideration of Executive Manager’s Report No. EN40/09 be deferred to the next Ordinary Meeting to allow further discussion and clarification. |
PUBLIC FORUM – NON AGENDA ITEMS
Nil
CONFIDENTIAL ITEMS
NOTE: The Deputy Mayor adjourned the meeting at 9.03 pm and resumed the meeting at 9.08 pm.
THE TIME BEING 9.08pm IT WAS RESOLVED ON THE MOTION OF COUNCILLOR EVANS, seconded by COUNCILLOR RUSSELL,
THAT Council adjourn the Ordinary Meeting and consider Items 18, 23 (Mayoral Minute No. MM14/09) and 24 (Matter of Urgency No. MOU10/09) in Confidential Session of Committee of the Whole, for the reasons given below the items.
THE TIME BEING 10.41pm IT WAS RESOLVED ON THE MOTION OF COUNCILLOR EVANS, seconded by COUNCILLOR RUSSELL,
THAT Council reconvene the Ordinary Meeting.
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18 WK76/09 Tender T27/2008 - Tender for Lease of Land for Construction and Operation of a Golf Driving Range Facility This report was dealt with in Confidential Session, under Section 10A (2) (c) of the Local Government Act, 1993. This report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business. (F2009/00063) |
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Russell,
THAT the Recommendation contained in the Minutes of the Committee of the Whole No. 01/09 of 14 October, 2009 in respect of this item be adopted. |
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23 MM14/09 Progression of Legal Action Concerning Hornsby Quarry This Mayoral Minute was dealt with in Confidential Session under section 10A (2) (g) of the Local Government Act, 1993. The Mayoral Minute contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. (F2007/01279-03) |
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,
THAT the Recommendation contained in the Minutes of the Committee of the Whole No. 01/09 of 14 October, 2009 in respect of this item, as shown below, be adopted and be made publicly available.
THAT:
1. Storey and Gough Solicitors be instructed to pursue, in consultation with Counsel, an application in the Federal Court of NSW to seek to recover the interest on the delayed issue of an input tax credit for the acquisition of Hornsby Quarry.
2. Funds be allocated from the Hornsby Quarry restricted assets account to cover the legal costs associated with the litigation. |
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24 MOU10/09 - Outstanding Sullage Issues
Discussion of this item was considered confidential under s10a (2) (g) of the Local Government Act, 1993. It relates to current and pending litigation and is considered to be privileged from production in legal proceedings on the ground of legal professional privilege.
(F2004/06279) |
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RESOLVED ON THE MOTION OF COUNCILLOR RUSSELL, seconded by COUNCILLOR EVANS,
THAT the Recommendation contained in the Minutes of the Committee of the Whole No. 01/09 of 14 October, 2009 in respect of this item be adopted. |
Tuesday 1 September – The Mayor attended the Hornsby and Upper North Shore Advocate 2009 Business Achiever Awards Presentation Dinner at Asquith Leagues Club.
Friday 4 September – The Mayor and Councillor Chopra attended the Opening Ceremony of Free Seniors Yoga by Spirit of India Inc at Pennant Hills.
Friday 4 September – The Mayor attended a lunch with Mr Brad Hazzard MP, State Shadow Planning Minister, at The Epping Club.
Saturday 5 September – The Mayor officially launched the Galston Springfest Parade at Galston.
Saturday 5 September – The Mayor attended the HDNA Grand Final Junior Presentation at Pennant Hills Netball Courts.
Saturday 5 September – Councillor Chopra, on behalf of the Mayor, attended the HDNA Grand Final Senior Presentation at Pennant Hills Netball Courts.
Friday 11 September – The Mayor, Councillor Smart, Councillor Russell and Councillor Browne attended the Rural Fire Service Annual Dinner at Hornsby RSL Club.
Saturday 12 September – The Mayor and Mrs Berman attended the Sri Lankan Food Fair at Roselea Community Centre.
Saturday 12 September – The Mayor officially launched the Federal Funded Lighting Upgrade at North Epping Oval.
Monday 14 September – The Mayor attended the Rotary Club of Beecroft Seniors and Retirees Luncheon at Pennant Hills Golf Club.
Wednesday 16 September – The Mayor attended an afternoon tea to celebrate 40 years of Pennant Hills Neighbour Aid at West Pennant Hills Sports Club.
Wednesday 16 September – The Mayor and Mrs Berman attended Mount Colah Public School’s Variety Night performance at Asquith Boys High School Hall.
Tuesday 22 September – The Mayor attended the Lorna Hodgkinson Sunshine Home Board Meeting at Parliament House.
Friday 25 September – The Mayor attended the Sydney Symphony Orchestra Recital at Bupa Dural.
Friday 25 September – The Mayor met Ms Jayme Paris, Bronze Medallist from the 2008 Beijing Paralympics games, in Hornsby during her ride from Sydney to Newcastle to raise money for Northcott Disability Services.
Friday 25 September – The Mayor attended a Retirement Dinner for Mr Colin May, Principal of Arden Anglican School, at The Epping Club.
Saturday 26 September – Mrs Berman, on behalf of the Mayor, drew the major prizewinner at St Patrick’s Catholic School Fete at Asquith.
Saturday 26 September – The Mayor attended Beecroft Rugby Club’s Annual Presentation Night at The Epping Club.
Sunday 27 September – The Mayor, Deputy Mayor and Councillors Chopra and Hutchence attended the Chinese Moon Festival Concert and Social Dance at Hornsby RSL Club.
Sunday 27 September – The Mayor attended Council’s Music in the Park Event at Forest Park, Epping.
Sunday 27 September – The Mayor presented the Hornsby Cup Bowling Trophy at North Epping Bowling & Community Club.
Monday 28 September – The Mayor hosted a Citizenship Ceremony at Pennant Hills Community Centre.
Tuesday 29 September – The Mayor attended the 2009 Australian Junior Squash Championship Finals at Thornleigh.
Wednesday 30 September – The Mayor and Councillor Chopra attended the Opening of the Over 55 Expo at Epping Leisure & Learning 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.
Questions of Which Notice Has Been Given
20 Bush Pathway in Hornsby
ASKED BY COUNCILLOR Mills
TO THE EXECUTIVE MANAGER, ENVIRONMENT DIVISION:
Drawing attention to a recent press article regarding a bush pathway in Hornsby, please advise of the status of this path and a recommended course of action for its ongoing use.
Answer
The land these steps are on is an unmade road. The steps were constructed by the local bush care group to facilitate entry to a bush regeneration site. It was not constructed to facilitate use by the surrounding residents who may use it as a short cut. Use of the track and steps for increased pedestrian use would require the steps and access track to be reconstructed to a much higher standard and should only be contemplated if it could be established that there was a pressing need for such a facility.
Notwithstanding, the Bushland and Biodiversity Team is examining whether the track and steps should be upgraded to cater for use by the local bush care group. Building the steps and track to a basic bush care standard (as opposed to a high pedestrian access route standard) has been estimated at approximately $30k. This work would only take place if the safety of the bush carers’ was compromised and there was a budget for the work.
CALLED OVER AND NOTED
QUESTIONS WITHOUT NOTICE
Nil
THE MEETING terminated at 10.42 pm
These Minutes were confirmed at the meeting held on Wednesday, 11 November, 2009, at which meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
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