MINUTES OF Ordinary Meeting
Held at Council Chambers, HORNSBY
on Wednesday, 21 July, 2010
at 6.38 pm
PRESENT
Councillors Berman (Chairman), Browne, Chopra, Evans,
Hutchence, Martin, McMurdo, Mills, Russell and Smart
NATIONAL ANTHEM
OPENING PRAYER
Rev. Karina Kreminski of the Community Life Church, Cherrybrook 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
Nil
presentations
Nil
declarations of interest
Nil
confirmation of minutes
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RESOLVED
ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Smart,
THAT
the Minutes of the Ordinary Council Meeting held on Wednesday 30 June 2010 be
confirmed, a copy having been distributed to all Councillors.
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petitionS
Nil
Mayoral Minutes
Nil
Notices of Motion
Nil
Rescission Motions
Nil
MATTERS OF URGENCY
Nil
ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA
ITEMS
THE MAYOR ANNOUNCED his intention
to deal with the balance of the Business Paper by the exception method and
announced the items.
Items 2, 3, 4, 8, 10, 12,
14, 15 and 17 were withdrawn for discussion.
RESOLVED ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Browne,
THAT the recommendations in
respect of items 1, 5, 6, 7, 9, 11 and 13 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
Nil
General Manager's Division
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1 GM15/10 Tax
Deductible Donations
(F2010/00069)
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RESOLVED
ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Browne,
THAT Council:
1. Establish a public fund whose principal purposes are the
protection and enhancement of the natural environment and the provision of
information or education, or the carrying on of research about the natural
environment and then seek registration on the Register of Environmental
Organisations.
2. Establish a public fund with the purpose of the promotion of
literature, music, performing arts, visual arts, craft, design, film, video,
television, radio, community arts, aboriginal arts and moveable cultural
heritage and seek registration on the Register of Cultural Organisations.
3. Make application to be endorsed as a Deductible Gift
Recipient or a fund, authority or institution within the categories of
environmental organisations as a public fund on the Register of Environmental
Organisations.
4. Make application to be endorsed as a Deductible Gift
Recipient as a public fund on the Register of Cultural Organisations, a
public library, a public museum, a public art gallery, or as an institution
consisting of a public library, public museum, public art gallery, or any two
of them.
5. Authorise the General Manager to execute any documents necessary
as may be recommended by Council’s Solicitors to implement this resolution.
6. Approve, in respect of any Trust Deeds required to be
executed, that the Council be appointed as Trustee.
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2 GM16/10 Deferred
Report - 30 June 2010 Ordinary Meeting - Code of Conduct Complaints
(F2005/00156)
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Mr Peter Waite, of Pennant Hills,
addressed Council regarding this item.
Mr Joe Nagy, of Wahroonga,
addressed Council regarding this item.
RESOLVED ON THE MOTION OF
COUNCILLOR Smart, seconded by
COUNCILLOR Evans,
THAT:
1. The contents of
General Manager’s Report No. GM16/10 be received and noted.
2. In respect of the code of conduct complaints referred to
in Report No. GM16/10, a further report be prepared for Council's
consideration outlining:
i) the costs incurred by Council in processing the
complaints
ii) any actions taken by Council as a result
of the complaints
iii) any policy change outcomes achieved as a result
of the complaints
iv) options available to Council to recover costs
associated with the processing of the complaints
v) options available to Council in respect of the
referral to other agencies of complaints from persistent or vexatious
complainants
vi) options available to Council in respect of
refusing to process complaints from persistent or vexatious complainants
3. In respect of the complainant who made 13 of the 19
complaints listed in General Manager’s Report No. GM16/10, the further report
referred to in 2. above is to also include the:
i) name of the complainant (if allowed by the
relevant legislation)
ii) costs incurred by Council in processing the
complaints
ii) options available to Council to recover costs
associated with the processing of the complaints
4. If the complainant who made 13 of the 19 complaints listed
in Report No. GM16/10 is the same person as the applicant referred to in
Report No. CC69/08 (which dealt with the estimated cost to Council of
processing document access, Freedom of Information and Privacy and Personal
Information Protection Act applications from that applicant in the period
January 2006 to June 2008), the further report referred to in 2. above is to
also include the cost to Council of processing document access, Freedom of
Information and Privacy and Personal Information Protection Act applications
from that applicant in the period January 2006 to June 2010.
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Corporate and Community Division
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3 CC38/10 Review of
Council, Workshop and Task Force Meeting Schedules
(F2004/07032)
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Mr Peter Waite, of Pennant Hills,
addressed Council regarding this item.
Mr Peter Frame, of Berowra,
addressed Council regarding this item.
RESOLVED ON THE MOTION OF
COUNCILLOR HUTCHENCE, seconded by COUNCILLOR RUSSELL,
THAT consideration of Executive
Manager’s Report No. CC38/10 be deferred until after the Councillors
Strategic Weekend in August.
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5 CC42/10 Declarations
of Pecuniary Interest and Other Matters Returns - Councillors and Designated
Persons
(F2009/00480)
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RESOLVED
ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Browne,
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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6 CC43/10 Community
Services Branch - Report on Achievements - 2009/2010
(F2009/00662)
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RESOLVED
ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Browne,
THAT the contents of Executive
Manager’s Report No. CC43/10 be received and noted.
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Environment Division
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7 EN38/10 Draft
Sustainability Waste Avoidance and Resource Recovery Strategy for the Shire
of Hornsby 2010 - 2015 update
(F2004/08803)
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RESOLVED
ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Browne,
THAT Council adopt the Sustainability
and Waste Avoidance Strategy for the Shire of Hornsby 2010 – 2015, as
provided in Attachment 1 to Executive Manager’s Report No. EN12/10.
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8 EN28/10 Review of
Protection of the Environmental Operations Act Enforcement in the Environment
Division
(F2004/09493-03)
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MOVED ON THE MOTION OF COUNCILLORS RUSSELL,
seconded by COUNCILLOR EVANS,
THAT:
1. Council note the amount of the subsidy and the potential
impact on future budgets.
2. Council continue not to charge private property owners an
administration fee associated with the Notice provisions under the Protection
of the Environment Operations Act 1997 along the lines outlined in Executive
Manager’s Report No. EN28/10.
3. Council confirm that businesses will be subject to an
administrative charge associated with Clean-Up and Prevention Notices
pursuant to the Protection of the Environment Operations Act 1997, irrespective
of whether they are first time offenders.
4. This matter be subject to three monthly review by the
Finance and Strategy Task Force.
A FORESHADOWED MOTION WAS MOVED
BY COUNCILLORS MILLS
THAT:
1.
Council authorise the imposition of an administration charge
associated with Clean-Up and Prevention Notices pursuant to the Protection of
the Environment Operations Act 1997.
THE MOTION MOVED BY COUNCILLOR
RUSSELL, seconded by COUNCILLOR EVANS WAS PUT AND CARRIED.
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9 EN29/10 Northern
Sydney Regional Organisation of Councils - Regional Sustainability Plan
(F2005/01154)
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RESOLVED
ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Browne,
THAT Council endorse the
Northern Sydney Regional Organisation of Councils’ Regional Sustainability
Plan 2009-2014.
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10 EN23/10 Arrangements
for Animal Impounding Service
(F2009/00798)
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RESOLVED ON THE MOTION OF COUNCILLOR Martin, seconded by COUNCILLOR Browne,
THAT:
1. Council continue with the current animal impounding service
arrangements, subject to the improvements outlined in Executive Manager’s
Report No. EN23/10.
2. Council enter into an agreement with Sydney Dogs and Cats Home
Inc to continue the current service until 30 June 2011.
3. Council enter into agreements with the current veterinary
surgeries to continue the current holding arrangements and payments until 30
June 2011.
4. The improvements to the current service arrangements outlined
in Executive Manager’s Report No. EN23/10 be evaluated prior to the end of
June 2011 and, if found to be operating satisfactorily, agreements with
Sydney Dogs and Cats Home Inc and the veterinary surgeries be extended for a
maximum period not exceeding five years.
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11 EN34/10 Final
Native Vegetation Review on Completion of Public Exhibition Period
(F2004/06719)
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RESOLVED
ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Browne,
THAT Council:
1. Implement the recommendations of Option 2 as resolved in
Executive Manager’s Report No. EN11/10 for inclusion into the new Standard
LEP.
2. Prepare a new element/chapter ‘Preservation of Trees and
Native Vegetation’ within the new Comprehensive Development Control Plan as
resolved in Executive Manager’s Report No. EN11/10.
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12 EN35/10 Tree
Removal at 75 Manor Road, Hornsby
(TA/233/2010)
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Ms Amanda Lumley, of Hornsby, addressed
Council regarding this item.
MOVED ON THE MOTION OF
COUNCILLOR RUSSELL, seconded by COUNCILLOR EVANS
THAT:
1. Approval be granted to remove the Eucalyptus pilularis
(Blackbutt) located in the rear yard of 75 Manor Road, Hornsby.
2. The applicant negotiate with Council regarding the
planting of two suitable replacement trees in the front yard of 75 Manor Road , Hornsby.
A FORESHADOWED MOTION WAS MOVED BY COUNCILLOR MCMURDO,
THAT Council refuse consent to
remove the Eucalyptus pilularis (Blackbutt) located in the rear yard
of 75 Manor Road, Hornsby.
AN AMENDMENT WAS MOVED BY
COUNCILLOR BROWNE, seconded by COUNCILLOR HUTCHENCE PROFORMA
THAT consideration of Executive
Manager’s Report No. EN35/10 be deferred to allow the applicant to provide
their own professional advice in support of their case. The applicant should
also address the planting of replacement trees in the front yard of the
property.
THE AMENDMENT MOVED BY
COUNCILLOR BROWNE, seconded by COUNCILLOR HUTCHENCE WAS PUT AND LOST.
NOTE: The Mayor exercised
his casting vote to vote against the amendment.
THE MOTION
MOVED BY COUNCILLOR RUSSELL, seconded by COUNCILLOR EVANS WAS PUT AND CARRIED.
NOTE: The Mayor exercised his
casting vote to vote for the motion.
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13 EN36/10 Parks
Capital Works 2009-2010 March Quarter Progress Report
(F2004/06971)
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RESOLVED
ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Browne,
THAT the contents of Executive Manager's Report No. EN36/10 be received and
noted.
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Planning Division
Nil
Strategy Division
Nil
Works Division
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14 WK47/10 "Wellum
Bulla" - Hornsby Shire Council Materials Handling Facility Monitoring
Committee
(F2004/09261)
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RESOLVED ON THE MOTION OF COUNCILLOR Smart, seconded by COUNCILLOR Browne,
THAT:
1. The Minutes of “Wellum Bulla” – Hornsby Shire Council
Materials Handling Facility Monitoring Committee held on 17 June 2010,
attached to Executive Manager’s Report No. 47/10, be noted.
2. Mr Michael Barratt be appointed as the Environmental
Representative to “Wellum Bulla” – Hornsby Shire Council Materials Handling
Facility Monitoring Committee.
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15 WK48/10 Regional
and Local Community Infrastructure Program - RLCIP 3
(F2008/00661-02)
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MOVED ON THE MOTION OF COUNCILLOR
BROWNE, seconded by COUNCILLOR EVANS,
THAT Council endorse the
projects listed in Option 2 under RLCIP 3 as contained in the Attachment to
Executive Manager’s Report No. WK48/10.
A FORESHADOWED MOTION WAS MOVED
BY COUNCILLOR MILLS,
THAT Council endorse the
project listed in Option 1 under RLCIP 3 as contained in the Attachment to
Executive Manager’s Report No. WK48/10.
THE MOTION MOVED BY COUNCILLOR
BROWNE, seconded by COUNCILLOR EVANS WAS PUT AND CARRIED.
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Supplementary Reports
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17 CC44/10 Approval
to Attend 2010 Infor Public Sector User Forum
(F2004/07369-02)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,
THAT Council approve the
attendance of the Manager, Information Systems and Team Leader, Business
Systems at the Infor Public Sector User Forum to be held from 20 to 23
September, 2010 in Queenstown, New Zealand, as professional development under
their contracts of employment.
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PUBLIC FORUM – NON AGENDA ITEMS
Nil
Mayor's Notes
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18 Mayors
Notes From 1 to 30 June 2010
(F2004/07053)
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Thursday
3 June – The Mayor attended the Epping Chamber of Commerce and North
Epping Bendigo Bank Business After Hours Function at North Epping.
Friday
4 June – The Mayor officially opened the Returned to Glory Recycled
Art Exhibition at Hornsby Art Gallery.
Saturday
5 June – The Mayor attended an afternoon tea to celebrate June Rabb’s
involvement in Lilian Fraser Garden at Pennant Hills.
Wednesday
9 June – The Mayor attended the Legacy 2010 Corporate Appeal Launch
at The Westin, Sydney.
Thursday
10 June – The Mayor attended the official opening of the new
St George Bank Branch at Pennant Hills.
Friday
11 June – The Mayor attended the launch of “Growing Up Strong”, an
Aboriginal parenting booklet for the Guringai and Darug areas, by The Hon
Linda Burney MP at Hornsby Library.
Saturday
12 June – The Mayor officially opened the Epping Model Railway Club’s
2010 Model Railway Exhibition at the Brickpit Stadium, Thornleigh.
Monday
14 June to Thursday 17 June – The Mayor, Councillor Mills and the
General Manager attended the 2010 National General Assembly of Local
Government in Canberra.
Wednesday
16 June – The Mayor attended the Moscow Circus Charity Fundraiser at Rofe Park, Hornsby.
Thursday
17 June – The Mayor attended the Australian Council of Local
Government Plenary Meeting Welcome Dinner in Canberra.
Saturday
19 June – The Mayor attended the launch of the Multicultural Health
Communication Services Healthy and Tasty Recipe Competition Cookbook at the
Blue Elephant, Pennant Hills.
Saturday
19 June – The Mayor and Mrs Berman attended the Grand Opening and
Dedication of The Uniting Church in Australia Hornsby and Sydney Senal
Congregations’ Worship and Activity Centre at Hornsby.
Sunday
20 June – The Mayor and Mrs Berman attended the Hornsby and District
Division of Sydney Legacy Changeover Luncheon at Asquith Golf Club.
Tuesday
22 June – The Mayor gave a welcome speech at the “Family Harmony and
the Law” Event at the Council Chambers.
Wednesday
23 June – The Mayor officially opened the new Vegetable Garden as part of World Environment Day at Waitara Public School.
Thursday
24 June – The Mayor attended a celebration to welcome the one
millionth customer at Hornsby Library.
Thursday
24 June – The Mayor officiated at the Hornsby Shire Council
Photography Awards Presentation at Hornsby Library.
Friday
25 June – The Mayor officially opened the Upgrade of Terrys Creek
Track at Epping.
Monday
28 June – The Mayor attended The Grange’s Annual Fundraising Morning
Tea and Fete at Waitara.
Tuesday
29 June – The Mayor attended the Blessing and Opening of the New School Facilities at St Bernard’s Catholic Primary School at Berowra Heights.
Note: Please note that these are the functions that the Mayor,
or his representative, has attended in addition to the normal Council
Meetings, Workshops, Mayoral Interviews and other Council Committee Meetings.
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Questions of Which Notice Has Been Given
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16 QWNHBG1/10 Commercial
Development in National Parks
(F2006/00180)
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ASKED BY COUNCILLOR
Martin
TO COUNCILLOR BERMAN:
Mayor Berman has expressed an
opinion that he approves of the new State law that permits commercial development
in National Parks (see Hornsby Advocate 30/06/2010).
Can Mayor Berman please declare
any information that he has of any possible planned developments that he is
aware?
If so, what are they and at
what location?
Answer:
There are none that I am aware
of.
CALLED OVER AND NOTED
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CONFIDENTIAL
ITEMS
Nil
QUESTIONS WITHOUT NOTICE
Nil
THE MEETING terminated at 8.57 pm.
These Minutes were confirmed at the meeting held on Wednesday,
18 August, 2010, at which meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
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