MINUTES OF Ordinary Meeting
Held at Council Chambers, HORNSBY
on Wednesday, 19 May, 2010
at 6.35 pm
PRESENT
Councillors Berman (Chairman),
Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart.
NATIONAL ANTHEM
OPENING PRAYER
rev.
Ingrid Robertson from Berowra Uniting 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. Speakers are requested to ensure their comments are relevant
to the issue at hand and to refrain from making personal comments or criticisms."
APOLOGIES / leave of
absence
RESOLVED ON THE MOTION OF
COUNCILLOR EVANS, seconded by, COUNCILLOR HUTCHENCE,
THAT the apology and request for
leave of absence from Councillors Browne and Chopra in respect of an inability
to attend the Ordinary Meeting on 19 May, 2010 be accepted and leave of absence
be granted.
presentations
The Mayor presented the Manager,
Design and Construction (Rob Rajca) and the Manager, Children’s Services
(Narelle Misko) with a ‘Highly Commended Award’ from the Institute of Public Works Engineering Australia, New South Wales in the category of Innovation and/or new
Improved Techniques including Asset Management, for the recent upgrade of the
Cherrybrook Community Centre.
declarations of interest
COUNCILLOR HUTCHENCE declared a
less than significant non-pecuniary interest in Item 4 - GM9/10 Legal Services
Panel. Refer to that Item for details.
confirmation of minutes
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RESOLVED
ON THE MOTION OF COUNCILLOR Smart,
seconded by COUNCILLOR Martin,
THAT
the Minutes of the Ordinary Council Meeting held on Wednesday, 21 April, 2010
be confirmed, a copy having been distributed to all Councillors.
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petitionS
Nil
Mayoral Minutes
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20 MM8/10 Proposed
Infrastructure Levy
(F2008/00183)
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RESOLVED ON THE MOTION OF COUNCILLOR Berman, seconded by COUNCILLOR Evans,
THAT the following programme of
works for 2010/11 and 2011/12, to be funded from the proposed Infrastructure
Levy, be publicly advertised and subsequently advised to the Division of
Local Government.
A Ward
$ (‘000)
Hayes Park, Galston – Amenities Block 350
Hopeville Park, Hornsby – BMX Facility
50
Foxglove Oval - Drainage 70
Parklands Oval - New lights 130
Brooklyn Road, Brooklyn – Footpath, James to Government
24
Hakea Crescent, Galston – Footpath, Link to Mid Dural Road
14
Old Northern Road, Dural – Footpath, East Side 62
Fagan Park, Galston – Upgrade to Car Park 250
Stormwater Drainage Improvements – Galston 550
Total 1500
B Ward
Brickpit Park, Thornleigh – Cycleway and Adventure
Playground (Part C Ward) 250
Waitara Oval, Waitara – Improvements to amenities (50%
NDCC/NSWCA) 100
Westleigh – BMX Facility 200
Erlestoke Park, Castle Hill – Playground Refurbishment 100
Greenway Park, Cherrybrook – Car park and Sportsground John Purchase School 420
Cherrybrook - Shepherds Drive slip lane 400
Ruddock Park - New swing set 30
Total
1500
C Ward
Brickpit Park, Thornleigh – Cycleway and Adventure
Playground (Part B Ward) 100
Pennant Hills Community Centre, Pennant Hills – A/C &
Foyer 150
West Epping Oval - car park upgrade and entry statement 150
Cheltenham Oval, Cheltenham – Drainage and Lighting 400
Britannia Street, Pennant Hills – Footpath, Park to
Kurrajong 34
Hull Road, Beecroft – Footpath, Chapman to Albert
36
Grayson Road, North Epping – Footpath, Holland to Devon 14
Werona Road, Pennant Hills – Footpath, Stevens to Shields
16
Stormwater Drainage Improvements – Epping/Beecroft 600
Total 1500
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22 MM7/10 Proposed Change
of Meeting Date - June 2010 Ordinary Meeting
(F2004/07032)
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RESOLVED ON THE MOTION OF COUNCILLOR Berman, seconded by COUNCILLOR Evans,
THAT Council reschedule its
June 2010 Ordinary Meeting from Wednesday, 16 June, 2010 to Wednesday, 30
June, 2010 and appropriate advertising be undertaken to advise the public.
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Notices of Motion
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1 NOM4/10 Protection
of Trees on Development Sites - Australian Standard AS4970-2009
(F2009/00174)
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RESOLVED
ON THE MOTION OF COUNCILLOR Hutchence,
seconded by COUNCILLOR Martin,
THAT Council:
1. Note the Australian
Standard AS4970-2009 Protection of Trees on Development Sites.
2. Have regard to the Standard in the assessment of the impact
of new development on existing trees.
3. Incorporate key guidelines of the Standard into its
Comprehensive Development Control Plan.
FOR:
Councillors Berman, EVANS, HUTCHENCE, MARTIN, MCMURDO, MILLS,
Russell and Smart
AGAINST: NIL
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2 NOM6/10 Review
of Council, Workshop and Task Force Meeting Schedules
(F2009/00174)
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RESOLVED ON
THE MOTION OF COUNCILLOR Hutchence,
seconded by COUNCILLOR Evans,
THAT the General Manager
arrange for a review to be undertaken of the scheduling of
Council, Workshop and Task Force meetings to achieve greater efficacy and
productivity. Such a review is to consider the consolidation of
meetings on the one date; the use of formal Workshop Meetings (with all
Councillors in attendance) to receive presentations and make decisions;
and the restructuring of Task Forces into formal Committees of
Council with delegation to make decisions or recommendations. The
outcomes of the review are to be reported to Council at the July 2010
Ordinary Meeting such that any changes necessary can
be adopted at the September 2010 Ordinary Meeting when Council
determines its schedule of meetings, order of business and appointments to
Committees, Working Parties and Task Forces for the period to September 2011.
FOR:
Councillors Berman, EVANS, HUTCHENCE, MARTIN, MCMURDO, MILLS,
Russell and Smart
AGAINST: NIL
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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.
Item 10 was withdrawn for
discussion.
RESOLVED ON THE MOTION OF COUNCILLOR Hutchence,
seconded by COUNCILLOR Evans,
THAT the recommendations in
respect of items 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17,18 and 19
be adopted.
For the sake of clarity, the
above items are recorded in Agenda sequence.
GENERAL
BUSINESS
General Manager's Division
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3 GM8/10 American
Society for Public Administration - 2010 Annual Conference
(F2004/05848-02)
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RESOLVED
ON THE MOTION OF COUNCILLOR Hutchence,
seconded by COUNCILLOR Evans,
THAT the contents of General
Manager’s Report No. GM8/10 be received and noted.
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4 GM9/10 Legal
Services Panel
(F2009/00825)
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NOTE: COUNCILLOR HUTCHENCE 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 HUTCHENCE, the
nature of the interest was “one of the respondents assisted me in a case”,
and the explanation of why the interest does not require further action in
the circumstances was “they did not represent me nor were the individuals the people who assisted only from the firm”.
RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Evans,
THAT Council:
1. Dissolve its existing
legal services panel, adopted on 9 August, 2006.
2. Invite the following firms to be members of its new legal
services panel in accordance with the terms and conditions of Tender
T14/2009:
a. Crawford
& Duncan Lawyers;
b. Marsdens
Law Group;
c. Matthews
Folbigg Lawyers;
d. Pikes
Lawyers; and
e. Storey
& Gough Lawyers.
3. Note that from time-to-time, it may be necessary for the
General Manager to engage the services of a legal firm, who is not on the
legal services panel, to provide specialist legal advice to Council.
4. Write to all
unsuccessful tenderers advising of Council’s decision.
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Corporate and Community Division
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5 CC24/10 Review
of Council's Code of Meeting Practice
(F2006/00032)
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RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Evans,
THAT:
1. The draft amended Code of Meeting Practice attached to Executive
Manager’s Report No. CC24/10 be adopted for the purpose of public exhibition
in accordance with the requirements of the Local Government Act.
2. Following the public exhibition period, a further report be
prepared for Council’s consideration such that a final Code can be adopted by
Council.
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6 CC25/10 Investment
and Borrowing Report - period ending March 2010
(F2004/06987)
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RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Evans,
THAT the contents of Executive
Manager’s Report No. CC25/10 be received and noted.
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7 CC26/10 March
2010 Quarter Review: 2009/10 - 2011/12 Management Plan and 2009/10 Budget
(F2008/00630)
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RESOLVED
ON THE MOTION OF COUNCILLOR Hutchence,
seconded by COUNCILLOR Evans,
THAT the March 2010 Quarter
Review of the Management Plan for 2009/10 – 2011/12
and the Budget for 2009/10 be received and noted.
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8 CC27/10 Dural
and District Historical Society - Proposed Lease of Cottage - Part of Galston
Recreation Area - Crown Reserve D500223 and R81698 - 412x Galston Road,
Galston
(F2004/08060)
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RESOLVED
ON THE MOTION OF COUNCILLOR Hutchence,
seconded by COUNCILLOR Evans,
THAT:
1. The contents of Executive Manager’s Report No. CC27/10 be
received and noted.
2. Council, as Reserve Trust Manager, enter into a further
five year lease with the Dural and District Historical Society Inc. in
respect of the existing cottage and surrounds at Galston Recreation
Reserve, 412x Galston Road Galston on the following basis:
a) Rental for the initial 12 months of tenure to be $500
per annum (inclusive of GST).
b) Rental to be subject to annual review in accordance with
the movement in the Consumer Price Index.
c) The lessee to be responsible
for the payment of all costs associated with services provided to the
property including but not limited to electricity, gas and water usage.
d) The lessee to maintain throughout the term of the lease
a public liability insurance policy for an amount of not less than $20
million for any one incident, with such policy noting Hornsby Shire
Council as an interested party.
e) The cottage to only be used
for the purpose as detailed in The Society’s 17 March, 2010
response to Tender No: T7/2010.
f) The lessee to be responsible
for the internal repairs, maintenance and decoration of the cottage only.
g) The lessee to acknowledge
Council’s support in the provision of the cottage in its annual reports and
publications, any advertising and community events.
h) The lessee to be responsible to ensure the security of
the cottage during the term of their occupation.
i) The lessee to bear 50% of costs incurred in
respect of the preparation of the necessary lease documentation.
3. The
lease will be subject to consent by the Minister administering the Crown
Lands Act.
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9 CC28/10 Declarations
of Pecuniary Interest and Other Matters Returns - Councillors and Designated
Persons
(F2009/00480)
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RESOLVED
ON THE MOTION OF COUNCILLOR Hutchence,
seconded by COUNCILLOR Evans,
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.
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Environment Division
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10 EN12/10 Draft
Sustainable Waste Avoidance and Resource Recovery Strategy for the Shire of
Hornsby 2010 - 2015
(F2004/08803)
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RESOLVED ON THE MOTION OF COUNCILLOR McMurdo, seconded by COUNCILLOR Martin,
THAT:
1. Council note the
Department of Environment, Climate Change and Water (DECCW) strategies
for waste avoidance and resource recovery, and their primary target of
achieving 66% diversion of domestic waste to landfill by 2014, together with
their Extended Producer Responsibility Priority Statement 2007, and ask that
the State Government, in conjunction with local government, develop
initiatives to address the issue of the waste stream created by packaging,
disposable items and the lack of a container deposit scheme.
2. The draft “Waste Avoidance and Resource Recovery Strategy
for the Hornsby Shire 2010 – 2015” be placed on public exhibition for a
period of four weeks.
3. A further report be prepared for Council’s consideration at
the conclusion of the public exhibition period.
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11 EN18/10 Catchments
Remediation Rate (CRR) Expenditure Progress Report 2009/2010
(F2005/00829-02)
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RESOLVED
ON THE MOTION OF COUNCILLOR Hutchence,
seconded by COUNCILLOR Evans,
THAT the contents of Executive
Manager’s Report No. EN18/10 be received and noted.
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12 EN19/10 Final Bush Fire
Risk Management Plan for Hornsby/Ku-ring-gai
(F2004/06591)
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RESOLVED
ON THE MOTION OF COUNCILLOR Hutchence,
seconded by COUNCILLOR Evans,
THAT Council endorse the
Hornsby/Ku-ring-gai Bush Fire Risk Management Plan prepared by the Hornsby/Ku-ring-gai
Bush Fire Risk Management Committee.
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13 EN20/10 Service
Level Agreement with the Rural Fire Service
(F2004/06305)
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RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Evans,
THAT:
1. Council endorse the
new Rural Fire District Service Level Agreement for Hornsby Ku-ring-gai and
the Hornsby/Ku-ring-gai District Rural Fire Service Zoning Agreement.
2. The General
Manager be given delegated authority to sign the Rural Fire District Service
Level Agreement for Hornsby Ku-ring-gai and the Hornsby/Ku-ring-gai District
Rural Fire Service Zoning Agreement.
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Planning Division
Nil
Works Division
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14 WK32/10 2010/14
4-Year Rolling Works Improvement Programs
(F2004/05959-02)
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RESOLVED
ON THE MOTION OF COUNCILLOR Hutchence,
seconded by COUNCILLOR Evans,
THAT:
1. Council adopt the 2010/14 4-Year Rolling Local Road and
Footpath Improvement Programs presented at Appendix A and Appendix B
respectively in Executive Manager’s Report No. WK32/10, subject to the
adoption of the Council’s 2010/11 Budget.
2. An amount of $25,000 be allocated in the 2010/11 Budget for
the Local Road Improvement Program Rural Component to implement the Rural
Road Management Plan Long Term Recommendations, Year 7 of 10.
3. An amount of $200,000 be allocated in the 2010/11 Budget for
the Local Road Improvement Program Rural Component for the Sealing Unsealed
Roads Implementation Program, Year 6 of 10.
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15 WK34/10 Works
Progress Report - March 2010 Quarter - Assets Branch
(F2004/05959-02)
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RESOLVED
ON THE MOTION OF COUNCILLOR Hutchence,
seconded by COUNCILLOR Evans,
THAT the
contents of Executive Manager’s Report No. WK34/10 be received and the
progress of the 2009/10 Assets Branch Programmes for the March 2010 Quarter
be noted.
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16 WK36/10 Hornsby
Shire Floodplain Risk Management Committee - Appointment of Community
Representatives
(F2006/00094)
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RESOLVED
ON THE MOTION OF COUNCILLOR Hutchence,
seconded by COUNCILLOR Evans,
THAT Council:
1. Appoint Mr Chris Taylor, Mr Colin Morrison and Ms Vanessa
D’Emanuele as local community representatives of the Hornsby Shire Floodplain
Risk Management Committee.
2. Appoint Mr Brian Pearson of A Ward as a Reserve for the
Hornsby Shire Floodplain Risk Management Committee in the event that any of
the applicants recommended for appointment decline to accept their
appointment as local community representative or resigns from the Committee at
some stage in the future.
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17 WK37/10 Works Progress
Report - March Quarter 2010 - Design and Construction Branch
(F2004/05959-02)
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RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Evans,
THAT the
contents of Executive Manager’s Report No. WK37/10 be received and noted.
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18 WK38/10 Hornsby
CBD Drainage Project - Current Status
(F2004/05959-02)
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RESOLVED
ON THE MOTION OF COUNCILLOR Hutchence,
seconded by COUNCILLOR Evans,
THAT:
1. Council note the
current status of the Hornsby CBD Drainage Project.
2. A further report be prepared for Council’s consideration which
has regard to the strategy for funding the works required on completion of
the current study on possible lower cost alternatives.
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19 WK39/10 Works
Progress Report - March 2010 Quarterly - Traffic And Road Safety Branch
(F2004/05959-02)
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RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Evans,
THAT Council endorse
the activities undertaken by the Traffic and Road Safety Branch for the
period 1 January, 2010 to 31 March, 2010.
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PUBLIC FORUM – NON AGENDA
ITEMS
Nil
Mayor's Notes
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21 MN5/10 Mayor's
Notes 1 to 30 April 2010
(F2004/07053)
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Wednesday 7 April – The
Mayor officially opened the new Cherrybrook Chinese Community Association
Office at Greenway Park, Cherrybrook.
Friday
9 April – The Mayor attended the Lars Emmerson Retrospective Art Show
at Gallery ARTES, Hornsby.
Sunday
11 April – The Mayor attended the PCYC Time 4 Kids Fundraiser at
Hornsby Mall.
Sunday
11 April – The Mayor and Mrs Berman attended the Brooklyn RSL
Sub-Branch Commemoration of Anzac Service at Brooklyn War Memorial, followed
by Dinner at Mooney Mooney Workers Club.
Monday
12 April – The Mayor officiated at the launch of Council’s Youth
Website and the opening of Youth Week 2010 at the Council Chambers.
Thursday
15 April – The Mayor attended the Australian Government Community
Forum at Epping Boys High School.
Friday
16 April – The Mayor attended the Youth Services Forum Theatre Final
Performance “Dangers of Alcohol” at Cherrybrook Community Centre.
Sunday
18 April – The Mayor, Mrs Berman and Councillor Chopra attended the
Hornsby RSL Sub-Branch Anzac Sunday March and Service at Hornsby Cenotaph.
Sunday
18 April – The Mayor, Mrs Berman and Councillor Smart attended the
Berowra RSL Sub-Branch Anzac Sunday March and Service at Berowra.
Sunday
18 April – The Mayor attended The Hills District RSL Sub-Branch Anzac
Day Commemoration Service at Galston Cenotaph.
Thursday
22 April – The Mayor attended Waitara Public School’s Anzac Day
Ceremony at the School in Wahroonga.
Friday
23 April – The Mayor attended Normanhurst Boys High School Anzac Day
Ceremony at the School in Normanhurst.
Saturday
24 April – The Mayor attended Asquith Golf Club’s Annual “Diggers
Day” Golf at the Club in Asquith.
Sunday
25 April – The Mayor and Councillor Chopra attended the Hornsby RSL
Sub-Branch Anzac Day Dawn Service at Hornsby Cenotaph.
Sunday
25 April – The Mayor attended the Berowra RSL Sub-Branch Anzac Day
Dawn Service at Berowra War Memorial.
Tuesday
27 April – The Mayor attended the Eastwood Local Area Command
Community Safety Precinct Meeting at Eastwood Police Station.
Tuesday
27 April – The Mayor attended Centacare Broken Bay’s celebration of
30 Years of Quality Early Childhood Education and Care provided in the
Hornsby Ku-ring-gai Community at Waitara.
Friday
30 April – The Mayor attended the official opening of the new Science
Facility at Normanhurst Boys High School.
Friday
30 April – The Mayor attended Studio ARTES Mad Hatter’s Tea Party at
Hornsby RSL Club.
NOTE: These are the functions that the Mayor, or his
representative, has attended in addition to the normal Council Meetings,
Workshops, Mayoral Interviews and other Council Committee Meetings.
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Questions of Which Notice Has Been Given
Nil
CONFIDENTIAL
ITEMS
Nil
QUESTIONS WITHOUT NOTICE
Nil
THE MEETING closed at 7.00
pm.
These Minutes were confirmed at
the meeting held on Wednesday, 30 June, 2010, at which meeting the signature
hereunder was subscribed.
CONFIRMED CHAIRMAN
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