Minutes of Ordinary Council Meeting

MINUTES OF Ordinary Meeting

Held at Council Chambers, HORNSBY

on Wednesday, 11 November, 2009

at 6:41 pm

PRESENT

Councillors Berman (Chairman – for other than part of Item 8), Chopra, Evans (Chairman – for part of Item 8), Hutchence, McMurdo, Mills, Russell and Smart

NATIONAL ANTHEM

OPENING PRAYER

Rev. Neil Dawson of Thornleigh Community Baptist Church, Thornleigh, 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 refrain from making personal comments or criticisms."

APOLOGIES

RESOLVED ON THE MOTION OF COUNCILLOR RUSSELL, seconded by COUNCILLOR CHOPRA,

THAT an apology be received and accepted for the non-attendance of COUNCILLORS BROWNE and MARTIN.

presentations

The Mayor presented Mr Bob Stephens, Executive Manager Environment Division with a Keep Australia Beautiful Award - Runner Up in the category of ‘Overall Sustainable Council’ for Hornsby Shire 2020: A Framework for a Sustainable Future.

declarations of interest

COUNCILLOR MCMURDO declared a less than significant non-pecuniary interest in Item 8 - EN47/09 Generic Plan of Management for Planning Districts 5 & 7. Refer to that Item for details.

COUNCILLOR RUSSELL declared a less than significant non-pecuniary interest in Item 8 - EN47/09 Generic Plan of Management for Planning Districts 5 & 7. Refer to that Item for details.

confirmation of minutes

RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,

THAT the Minutes of the Ordinary Council Meeting held on Wednesday, 14 October, 2009 be confirmed, a copy having been distributed to all Councillors.

RESOLVED ON THE MOTION OF COUNCILLOR Smart, seconded by COUNCILLOR Evans,

THAT the Minutes of the Committee of the Whole Meeting held on Wednesday, 14 October, 2009 be confirmed, a copy having been distributed to all Councillors.

petitionS

Nil

Mayoral Minutes

Nil

Notices of Motion

1 NOM10/09 Tender Policy - Preference For Local Goods and Services

(F2009/00312)

RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR McMurdo,

THAT Council incorporate within its Tenders Policy the following addendum with respect to preference for local goods and services:

1. Council recognises the need to support local business and industry.

2. Where price, performance, quality, sustainability and other evaluation criteria are comparable the supplier who offers the best tender in support of local industry may be preferred.

3. Tenderers be requested to provide details on how the tender will stimulate the local economy.

4. The definition of "local" is a business or industry owned and operated within the Hornsby Shire.

FOR: Councillors Berman, Chopra, Evans, Hutchence, McMurdo, Mills, Russell and Smart

AGAINST: NIL

2 NOM11/09 Webcasting of Council Meetings

(F2009/00174)

MOVED ON THE MOTION OF COUNCILLOR Mills, seconded by COUNCILLOR Hutchence,

THAT a report be prepared for Council’s consideration about webcasting Ordinary and Planning Meetings of Council. The report is to include details of potential costs, benefits, implications, etc of webcasting and any changes that would be required to Council’s Code of Meeting Practice and other associated meeting protocols.

THE MOTION MOVED BY COUNCILLOR MILLS, seconded by COUNCILLOR HUTCHENCE WAS PUT AND LOST.

FOR: Councillors Berman, Hutchence, McMurdo and Mills

AGAINST: Councillors Chopra, Evans, Russell and Smart

NOTE: The Mayor used his casting vote to vote against the Motion.

3 NOM12/09 Establishing High-Impact 'Tree-Lined Boulevards' within Hornsby Shire

(F2009/00174)

Ms Marcia Horvai, representing the Pennant Hills District Civic Trust Inc, addressed Council regarding this item.

Ms Ilona Kernick, representing the Pennant Hills District Civic Trust Inc, addressed Council regarding this item.

MOVED ON THE MOTION OF COUNCILLOR Mills, seconded by COUNCILLOR Chopra,

THAT:

1. Council identify key streets and/or precincts within the Shire that are suitable for ‘tree-lined boulevard’ plantings of a minimum 100 litre pot (4.0 – 5.0m) trees and develop a Plan as part of the 2010/11 Management Plan to establish, after appropriate resident consultation, a number of high-impact ‘tree-lined boulevards’ within the Shire.

2. Council promote to the community that the residents of any street in the Shire may collectively nominate to be part of Council’s ‘Tree-Lined Boulevard’ plantings with Council supplying and planting appropriate trees in consultation with interested residents, subject to traffic line-of-site, overhead power line, budgetary and other relevant considerations under the Plan identified in Part 1, above.

3. Call for a report in relation to the value of the tree asset within Hornsby Shire seeking a quantified triple bottom line approach to understanding the social, environmental and economic value of trees in the Shire, with this information applied to better promoting the value of street tree planting to the Shire’s residents.

AN AMENDMENT WAS MOVED BY COUNCILLOR HUTCHENCE, seconded by COUNCILLOR BERMAN,

THAT consideration of NOM12/09 be deferred to the 9 December, 2009 Ordinary Meeting to allow the Executive Manager, Environment Division to provide information to Council about the options and costs related to various pot sizes.

THE AMENDMENT, MOVED BY COUNCILLOR HUTCHENCE, seconded by COUNCILLOR BERMAN, WAS PUT AND CARRIED, THEREBY BECOMING THE MOTION WHICH WAS PUT AND CARRIED.

FOR: COUNCILLORS BERMAN, CHOPRA, EVANS, HUTCHENCE, MCMURDO, MILLS, RUSSELL AND SMART

AGAINST: NIL

Rescission Motions

Nil

MATTERS OF URGENCY

Nil

ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS

THE MAYOR ANNOUNCED his intention to deal with the balance of the Business Paper by the exception method and announced the items.

Items 5, 7, 8, 14, 20, 21, 23 and 24 were withdrawn for discussion.

RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Hutchence,

THAT the recommendations in respect of items 4, 6, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19 and 22 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

Nil

Corporate and Community Division

4 CC87/09 September 2009 Investment and Borrowing Report

(F2004/06987)

RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Hutchence,

THAT the contents of the Executive Manager’s Report No. CC87/09 be received and noted.

5 CC88/09 Community and Cultural Facilities Strategic Plan - Feedback from Public Exhibition

(F2009/00391)

RESOLVED ON THE MOTION OF COUNCILLOR Chopra, seconded by COUNCILLOR Evans,

THAT:

1. The contents of Executive Manager’s Report No. CC88/09 be received and noted.

2. Council note the feedback received during the public exhibition period and thank the volunteer Section 377 Management Committees for their contribution to the creation of the Community and Cultural Facilities Strategic Plan.

3. Council adopt the Community and Cultural Facilities Strategic Plan, incorporating the amendments recommended within Executive Manager’s Report No. CC88/09.

4. The Community and Cultural Facilities Strategic Plan form part of Council’s suite of strategic planning documents and that it be used, where appropriate, as part of Council’s comprehensive Community Strategic Plan.

6 CC89/09 September 2009 Quarter Review - Management Plan for 2009/10 - 2011/12 and Budget for 2009/10

(F2008/00630)

RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Hutchence,

THAT the September 2009 Quarter Review of the Management Plan for 2009/10 – 2011/12 and the Budget for 2009/10 be received and noted.

7 CC91/09 Hornsby Shire Social Plan 2010-2014 - Feedback from Public Exhibition

(F2004/06043)

MOVED ON THE MOTION OF COUNCILLORS MILLS, seconded by COUNCILLOR BERMAN PRO-FORMA,

THAT:

1. The contents of Executive Manager’s Report No. CC91/09 be received and noted.

2. Council adopt the Hornsby Shire Social Plan 2010-2014, incorporating the amendments recommended within Executive Manager’s Report No. CC91/09.

3. Council adopt the Social Plan Service Plan for January 2010 until June 2010 with the inclusion of the following:

a. A report be prepared for Council’s consideration which outlines investigations into appropriate local government responses to domestic violence given that this issue was identified as a priority during recent community consultations regarding community safety. This report should include recommendations relating to an appropriate Council commitment to addressing the issue of domestic violence, the costs incurred in undertaking the same, and should be provided to Council for consideration no later than the June 2010 Ordinary Meeting.

b. A report be prepared for Council’s consideration which outlines investigations into the feasibility of Council leading a community partnerships programme that is designed to support and enhance community volunteering. This report should take into account the needs of key stakeholders in the Shire. A report on the issue, including a recommended course of action, should be provided to Council for consideration no later than the June 2010 Ordinary Meeting

4. The contents of the Social Plan 2010-2014 contribute to the production of the Hornsby Shire Community Strategic Plan and, within budgetary constraints, resources be allocated to implement the priority society and cultural issues identified in these documents.

AN AMENDMENT WAS MOVED BY COUNCILLOR EVANS, seconded by COUNCILLOR HUTCHENCE,

THAT:

1. The contents of Executive Manager’s Report No. CC91/09 be received and noted.

2. Council adopt the Hornsby Shire Social Plan 2010-2014, incorporating the amendments recommended within Executive Manager’s Report No. CC91/09.

3. Council adopt the Social Plan Service Plan for January 2010 until June 2010.

THE AMENDMENT, MOVED BY COUNCILLOR EVANS, seconded by COUNCILLOR HUTCHENCE, WAS PUT AND CARRIED, THEREBY BECOMING THE MOTION WHICH WAS PUT AND CARRIED.

Environment Division

8 EN47/09 Generic Plan of Management for Planning Districts 5 & 7

(F2004/07806)

NOTE: COUNCILLOR MCMURDO declared a less than significant non-pecuniary interest in this item under Clause 51A of Council's Code of Meeting Practice (see Declarations of Interest in these Minutes). As stated on the Declaration of Interest form by COUNCILLOR MCMURDO, the nature of the interest was “Resident in the area covered”, and the explanation of why the interest does not require further action in the circumstances was “There is no undue influence over my judgement in relation to this matter”. COUNCILLOR MCMURDO remained present for discussion and voting on the item.

NOTE: COUNCILLOR RUSSELL declared a less than significant non-pecuniary interest in this item under Clause 51A of Council's Code of Meeting Practice (see Declarations of Interest in these Minutes). As stated on the Declaration of Interest form by COUNCILLOR RUSSELL, the nature of the interest was “I live on the river and commute by boat to my home”, and the explanation of why the interest does not require further action in the circumstances was “I do not use the facility at Kangaroo Point other than to pick up visitors from the public jetty. I use and will continue to use a private marina”. COUNCILLOR RUSSELL remained present for discussion and voting on the item.

________________________

NOTE: During consideration of this Item the Mayor left the meeting at 8:40pm and returned at 8:45pm.

RESOLVED ON THE MOTION OF COUNCILLOR HUTCHENCE, seconded by COUNCILLOR RUSSELL,

THAT Councillor Evans act as Chairman during the Mayor’s absence from the Meeting.

________________________

MOVED ON THE MOTION OF COUNCILLOR Russell, seconded by COUNCILLOR Evans,

THAT:

1. Council adopt the draft Generic Plan of Management for Planning Districts 5 and 7 as exhibited, with amendments that are not substantial.

2. The Hornsby Shire LEP 1994 be amended and the land be reclassified to facilitate a permissible development application for the construction of a commuter berth facility at Kangaroo Point.

3. Subject to Point 2 above, the Generic Plan of Management be subsequently amended to accord with the amendment to the Hornsby Shire LEP 1994.

AN AMENDMENT WAS MOVED BY COUNCILLOR MCMURDO, seconded by COUNCILLOR BERMAN PRO-FORMA,

THAT Council adopt the draft Generic Plan of Management for Planning Districts 5 and 7 as exhibited, with amendments that are not substantial.

THE AMENDMENT, MOVED BY COUNCILLOR MCMURDO, seconded by COUNCILLOR BERMAN, WAS PUT AND LOST.

THE MOTION MOVED BY COUNCILLOR RUSSELL, seconded by COUNCILLOR EVANS, PUT AND CARRIED.

FOR: COUNCILLORS BERMAN, CHOPRA, EVANS HUTCHENCE, MILLS, RUSSELL AND SMART

AGAINST: COUNCILLOR MCMURDO

9 EN48/09 Catchments Remediation Rate (CRR) Annual Expenditure Report 2008/2009

(F2005/00829-02)

RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Hutchence,

THAT the contents of Executive Manager’s Report No. EN48/09 be received and noted.

10 EN49/09 Catchments Remediation Rate Capital Works Program - Annual Report 2008-2009

(F2005/00829-02)

RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Hutchence,

THAT the contents of Executive Manager’s Report No. EN49/09 be received and noted.

11 EN50/09 Parks Capital Works 2009-2010 September Quarter Progress Report

(F2004/06971)

RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Hutchence,

THAT the contents of Executive Manager's Report No. EN50/09 be received and noted.

12 EN51/09 2008/09 NSROC State of the Environment Report

(F2005/01154)

RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Hutchence,

THAT Council endorse the text in the DISCUSSION Section of Executive Manager’s Report No. EN51/09 for inclusion in the NSROC State of Environment Report 2008/09.

13 EN52/09 Hayes Oval amenities building replacement

(F2004/07888-02)

RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Hutchence,

THAT Council:

1. Authorise the General Manager to enter into an agreement with the Hills Hawks Soccer Club to contribute in the order of $200,000 towards the cost of the building works and to proceed to modify the design to accommodate its requirements, including an exchange of letters to provide security to the club for its contribution.

2. Provide in-principle endorsement to the identification of additional funds to enable the project to be constructed by 2012.

14 EN54/09 Deferred Item - Review of the Operation of the Protection of the Environment Operations Act 1997

(F2004/09493-03)

RESOLVED ON THE MOTION OF COUNCILLOR Russell, seconded by COUNCILLOR Hutchence,

THAT:

1. Subject to Point 3 below, Council confirm its acceptance of the adopted procedures for investigating and dealing with pollution incidents pursuant to the Protection of the Environment Operations Act 1997.

2. Council agree to the lifting of the moratorium placed on the recovery of administration charges and fines imposed in respect of alleged offences under the Protection of the Environment Operations Act 1997.

3. a. Council agree to trial the introduction of a policy that would result in the waiving of the administration fee (currently $433) associated with Clean-Up and Prevention Notices where the offences are first time offences and the offender completes actions specified in a Notice within the agreed timeframe and to the satisfaction of the Council.

b. The waiving of the administration fee will not apply to repeat offenders or circumstances where the actions specified in the Notice(s) have not been complied with in the agreed timeframe.

c. A report be prepared for Council’s consideration by June 2010, which advises the results of the trial.

Planning Division

Nil

Strategy Division

Nil

Works Division

15 WK77/09 Works Progress Report - September 2009 Quarter - Assets Branch

(F2004/05959-02)

RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Hutchence,

THAT the contents of Executive Manager’s Report No. WK77/09 be received and the progress of the 2009/10 Assets Branch Programmes for the September 2009 quarter be noted.

16 WK78/09 Works Building Services - Graffiti and Vandalism September 2009 Quarterly Report

(F2004/00728)

RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Hutchence,

THAT the contents of Executive Manager’s Report No. WK78/09 be received and noted.

17 WK79/09 Engineering Services - Building Capital Works Program 2009/2010 - September 2009 Quarterly Report

(F2004/05958)

RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Hutchence,

THAT the contents of Executive Manager’s Report No. WK79/09 be received and noted.

18 WK80/09 Works Progress Report - September Quarter 2009 - Design and Construction Branch

(F2004/05959-02)

RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Hutchence,

THAT the contents of Executive Manager’s Report No. WK80/09 be received and noted.

19 WK81/09 Works Progress Report - September 2009 Quarterly - Traffic and Road Safety Branch

(F2004/05959-02)

RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Hutchence,

THAT Council endorse the activities undertaken by the Traffic and Road Safety Branch for the period 1 July, 2009 to 30 September, 2009.

20 WK82/09 Works Progress Report - September 2009 - Regional and Local Community Infrastructure Program

(F2008/00661)

RESOLVED ON THE MOTION OF COUNCILLOR Chopra, seconded by COUNCILLOR Evans,

THAT the contents of Executive Manager’s Report No.WK82/09 be received and noted.

21 WK83/09 Regional and Local Community Infrastructure Program - RLCIP(2)

(F2009/00781)

MOVED ON THE MOTION OF COUNCILLOR CHOPRA, seconded by COUNCILLOR BERMAN PRO-FORMA,

THAT Council explore the opportunity of allocating further expenditure under the RLCIP(2) to parks, libraries and walking tracks.

AN AMENDMENT WAS MOVED BY COUNCILLOR EVANS, seconded by COUNCILLOR MCMURDO,

THAT Council:

1. Endorse the list of projects proposed to be constructed under RLCIP(2) as listed in Executive Manager’s Report No. WK83/09.

2. Nominate the two court extension to the Brickpit Sports Stadium as its candidate project under the RLCIP Round 2 Program – Strategic Projects.

THE AMENDMENT, MOVED BY COUNCILLOR EVANS, seconded by COUNCILLOR MCMURDO, WAS PUT AND CARRIED, THEREBY BECOMING THE MOTION WHICH WAS PUT AND CARRIED.

22 WK84/09 "Wellum Bulla" - Hornsby Shire Council Materials Handling Facility Monitoring Committee

(F2004/09261)

RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Hutchence,

THAT the minutes of the Hornsby Shire Council Materials Handling Facility Monitoring Committee held on 15 October 2009, attached to Executive Manager’s Report No. WK84/09, be noted.

SUPPLEMENTARY ITEM

24 EN43/09 Expressions of Interest for Companion Animal Pound

(F2009/00541)

Dr Chris Meany, of Thornleigh, addressed Council regarding this item.

RESOLVED ON THE MOTION OF COUNCILLOR McMurdo, seconded by COUNCILLOR Russell,

THAT:

1. Council undertake a six month trial using the Pound service provided by Sydney Dogs and Cats Home Inc at 77 Edward Street, Carlton.

2. A further report be presented to Council outlining the results of the trial.

3. Council adopt a policy in relation to the management of feral cats as set out in Executive Manager’s Report No. WK43/09.

4. A letter be sent to Dr Chris Meany expressing Council’s gratitude and appreciation of the pound services he has provided on behalf of Council.

PUBLIC FORUM – NON AGENDA ITEMS

Nil

Confidential Items

RESOLVED ON THE MOTION OF COUNCILLOR EVANS, seconded by COUNCILLOR MCMURDO,

THAT Council move into Confidential Session to discuss Item 23, for the reason given below the item.

RESOLVED ON THE MOTION OF COUNCILLOR EVANS, seconded by COUNCILLOR MCMURDO,

THAT Council move out of Confidential Session.

23 WK85/09 Tender 27/2008 - Tender for Lease of Land for Construction and Operation of a Golf Driving Range Facility - Further Report

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)

NOTE: Prior to Council moving into Confidential Session, Mr Greg Bepper, of Hornsby, addressed Council regarding this item.

NOTE: At the request of Council, Mr Steve Aisbett from Orana Discount Golf Pty Ltd and Mr Paul Selig from Caxton Pty Ltd attended the Confidential Session to provide an opportunity for Councillors to ask questions regarding the tender. Mr Aisbett and Mr Selig left the meeting prior to Council discussing and voting on the Item.

MOVED ON THE MOTION OF COUNCILLOR HUTCHENCE, seconded by COUNCILLOR RUSSELL

THAT:

1. Consideration of Executive Manager’s Report No. WK85/09 be deferred to the December 2009 Ordinary Meeting to allow a presentation of Orana Discount Golf Pty Ltd’s proposal to the next Community, Cultural and Recreation Facilities Task Force Meeting on Tuesday 24 November 2009.

2. Council invite past tenderers and other known interested parties to present their proposals to the same Task Force meeting and for the Community, Cultural and Recreation Facilities Task Force to provide Council with a recommendation at the December 2009 Ordinary Meeting.

AN AMENDMENT WAS MOVED BY COUNCILLOR SMART, seconded by COUNCILLOR BERMAN PRO-FORMA,

THAT confidential Executive Managers Report No. WK85/09 be received and noted and the offer from Orana Discount Golf Pty Ltd be rejected.

THE AMENDMENT, MOVED BY COUNCILLOR SMART, seconded by COUNCILLOR BERMAN, WAS PUT AND LOST.

THE MOTION, MOVED BY COUNCILLOR HUTCHENCE, seconded by COUNCILLOR RUSSELL, WAS PUT AND CARRIED.

Mayor's Notes

Nil

Questions of Which Notice Has Been Given

Nil

QUESTIONS WITHOUT NOTICE

Nil

THE MEETING terminated at 10.10 pm.

These Minutes were confirmed at the meeting held on Wednesday, 9 December, 2009, at which meeting the signature hereunder was subscribed.

CONFIRMED CHAIRMAN

___________________________________________________________________________