MINUTES OF Ordinary Meeting
Held at Council Chambers, HORNSBY
on Wednesday, 18 August, 2010
at 6.34 pm
Councillors Berman (Chairman), Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart.
NATIONAL ANTHEM
OPENING PRAYER
Rev. Dick Udy of Dural Anglican Church, Dural 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 RUSSELL,
THAT the apology and request for leave of absence from Councillors McMurdo and Browne in respect of an inability to attend the Ordinary Meeting on 18 August, 2010 be accepted and leave of absence be granted.
presentations
Nil
NOTE: At this point in the Meeting, the Mayor drew the winning ticket for the Variety Bush Bash Children’s Fund Raising Charity raffle which was organised by Councillor Evans.
declarations of interest
COUNCILLOR MILLS declared a significant non-pecuniary interest in Item 4 - CC46/10 Community Donations Programme - 2010/011. Refer to that Item for details.
COUNCILLOR CHOPRA declared a less than significant non-pecuniary interest in Item 4 - CC46/10 Community Donations Programme - 2010/011. Refer to that Item for details.
confirmation of minutes
RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Martin,
THAT the Minutes of the Workshop Council Meeting held on Wednesday 28 July 2010 be confirmed, a copy having been distributed to all Councillors.
petitionS
THE MAYOR tabled a petition from residents of Wisemans Ferry and the surrounding areas which supported Council’s recent upgrade works and urged the continuing restoration of the boat ramp, roadside and surrounding area at Wiseman’s Ferry.
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 4 and 10 were withdrawn for discussion.
RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT the recommendations in respect of items 1, 2, 3, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 19 and 20 be adopted
NOTE: Item 11 was later recommitted.
For the sake of clarity, the above items are recorded in Agenda sequence.
GENERAL BUSINESS
General Manager's Division
Corporate and Community Division
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5 CC47/10 Investment and Borrowing Report - Period Ending 30 June 2010 (Pre-audit) (F2004/06987) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT the contents of the Executive Manager’s Report No. CC47/10 be received and noted. |
Environment Division
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6 EN33/10 Hornsby Creek Catchment Urban Sustainability Program - Draft Strategy (F2004/10050) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT Council:
1. Note the issues that have been identified by survey in the Hornsby Creek Catchment and the emerging impacts on the quality of the catchment including water quality over recent years.
2. Endorse the initial actions identified in the attached Draft Hornsby Creek Catchment Urban Sustainability Program Strategy. |
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7 EN39/10 Sydney Coastal Councils Group Inc. Strategic Plan - 2010-2014 (F2008/00125) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT Council endorse the Sydney Coastal Councils Group Inc. Final Draft Strategic Plan 2010-2014. |
Planning Division
Nil
Nil
Works Division
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8 WK49/10 Compulsory Acquisition of Crown Land for Public Road - Lots 1-4 DP1133368 Canoelands Road, Canoelands (formerly Glenorie) (F2010/00308) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT:
1. Council approve application for the compulsory acquisition of Lots 1-4 DP 1133368 Canoelands Road, Canoelands.
2. Upon acquisition, the land referred to in 1. be dedicated as Public Road.
3. Funding of the acquisition be authorised as set out in Executive Manager’s Report No. WK49/10.
4. The General Manager be delegated with authority to negotiate detailed terms of agreement consistent with Executive Manager’s Report No. WK49/10.
5. The General Manager be authorised to execute any document in relation to this matter deemed appropriate by Council’s legal advisors.
6. If required by the absence of the General Manager or by legal statute, Council authorise the use of Council’s Seal on any legal documents in relation to this matter deemed appropriate by Council’s legal advisors, subject to review and authorisation by an Executive Manager of Council. The documents to include but not be limited to-
a. Application for Compulsory Acquisition b. Notice of Road Dedication c. Deed of Agreement and Deed of Release d. Registration of Transfer or Request |
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9 WK50/10 Works Progress Report - June 2010 Quarter - Assets Branch (F2004/05959-02) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT the contents of Executive Manager’s Report No. WK50/10 be received and the progress of the 2009/10 Assets Branch Programmes for the June 2010 quarter be noted. |
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10 WK51/10 Works Progress Report - June 2010 Quarterly - Traffic and Road Safety Branch (F2005/00001) |
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RESOLVED ON THE MOTION OF COUNCILLOR Russell, seconded by COUNCILLOR Mills,
THAT Council endorse the activities undertaken by the Traffic and Road Safety Branch for the period 1 April 2010 to 30 June 2010. |
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11 WK52/10 Works
Progress Report - July 2010 - Regional and Local Community Infrastructure
Program Round 2 (RLCIP2) (F2008/00661-02) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT the contents of Executive Manager’s Report No. WK52/10 be received and noted. ___________________________
RESOLVED ON THE MOTION OF COUNCILLOR HUTCHENCE, seconded by COUNCILLOR EVANS,
THAT Item 11 – Report No. WK52/10 - Works Progress Report - July 2010 - Regional and Local Community Infrastructure Program Round 2 (RLCIP2) be recommitted. ___________________________
RESOLVED ON THE MOTION OF COUNCILLOR MILLS, seconded by COUNCILLOR HUTCHENCE, THAT the contents of Executive Manager’s Report No. WK52/10 be received and noted. |
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12 WK53/10 Works Building Services - Graffiti and Vandalism June 2010 Quarterly Report (F2004/00728) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT the contents of Executive Manager’s Report No. WK53/10 be received and noted. |
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13 WK55/10 Tender T16/2010: Patching of Road Pavements In Full Depth Asphalt (F2010/00316) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT Council accept the tender of Bitupave Ltd trading as Boral Asphalt for all work under Tender No. T16/2010: Patching of Road Pavements in Full Depth Asphalt. |
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14 WK56/10 Access Deed with Telstra Corporation Limited - Mobile Telephone Facility Within Nature Strip County Drive Cherrybrook (Adjacent to 25 County Drive Cherrybrook) (F2004/06654) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT:
1. The contents of Executive Manager’s Report No. WK56/10 be received and noted.
2. Council enter into an Access Deed with Telstra Corporation Limited in respect of a low impact telecommunication facility on the nature strip of County Drive Cherrybrook (adjacent to 25 County Drive, Cherrybrook) on the following basis:
a. The Access Deed to commence from the date of installation/access to the site.
b. Payment of an initial site administration fee in the amount of $3,300.00 per annum (inclusive of GST).
c. The site administration fee to be indexed annually by 5% per annum throughout the term of the Access Deed.
d. Telstra Corporation Limited to be responsible to repair and maintain the site and/or structures located on the land during the term of the access deed at no cost to Council. Council shall not be liable for any damage caused to the infrastructure located at the subject site.
e. Telstra Corporation Limited shall at the expiration of the term arrange for the removal of all structures placed upon the land at no cost to Council and shall yield up the land in a good and clean condition, fair wear and tear excepted.
f. Throughout the term of the Access Deed Telstra Corporation Limited to maintain an appropriate Public Liability insurance policy with Council’s interests noted thereon for a minimum indemnity amount of $20,000,000.00.
g. Telstra Corporation Limited to be responsible for the payment of all outgoings incurred in respect of the structures and the area of land occupied including but not limited to any rates assessed, electricity, gas, lighting etc.
h. Telstra Corporation Limited shall be responsible to carry out all works and bear all costs incurred in respect of the installation of the structure.
i. Telstra Corporation Limited shall bear a maximum of $1,500 plus GST towards the costs incurred in the formalisation of the access deed. |
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15 WK57/10 Engineering Services - Building Capital Works Program 2009/2010 - June 2010 Quarterly Report (F2004/05958) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT the contents of Executive Manager’s Report No. WK57/10 be received and noted. |
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16 WK58/10 Engineering Services - Building Capital Works Program 2010/2011 (F2004/05958) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT:
1. The contents of Executive Manager’s Report No. WK58/10 be received and noted.
2. Council adopt the program attached to Executive Manager’s Report No. WK58/10. |
Supplementary Reports
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17 WK54/10 Works Progress Report - June Quarter 2010 - Design and Construction Branch (F2004/05959-02) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT the contents of Executive Manager’s Report No. WK54/10 be received and noted. |
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18 MN8/10 Mayor's Notes from 1 to 31 July 2010 (F2004/07053) |
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Thursday 1 July – The Mayor attended the NSW Police North West Metropolitan Region Awards Ceremony at Parramatta.
Friday 2 July – The Mayor attended the Marsdens Law Group Local Government Planning and Environmental Law Conference at Casula.
Friday 2 July – The Mayor and Mrs Berman attended the Gladesville-Hornsby Football Association Dinner at the Classic Function Centre, Dural.
Saturday 3 July – The Mayor and Mrs Berman attended Asquith Bowling and Recreation Club’s 60th Anniversary Dinner at the Club in Hornsby.
Saturday 10 July – The Mayor attended a Performance of the 2010 Hornsby Gang Show at Asquith Boys High School.
Thursday 15 July – The Mayor attended The Lions Club of Berowra 2010 Changeover Dinner at Mooney Mooney Club, Mooney Mooney.
Saturday 17 July – The Mayor launched the Hornsby Mall Sound System in Hornsby Mall.
Thursday 22 July – The Mayor officiated at the Rural Fire Service Medal Presentation at the Fire Control Centre, Cowan.
Saturday 24 July – The Mayor and Mrs Berman attended the Lifestart Christmas in July Fundraiser Dinner at The Epping Club, Epping.
Monday 26 July – The Mayor hosted a Citizenship Ceremony at Pennant Hills Community Centre.
Monday 26 July – The Mayor attended a Fundraising Dinner and Auction for Hannah Dodd at Allure Bar and Restaurant, Dural.
Monday 26 July – The Mayor attended the Hornsby Ku-ring-gai and Hills District Cricket Association AGM at Asquith Bowling and Recreation Club in Hornsby.
Wednesday 28 July – The Mayor welcomed participants to the Family Harmony and the Law Event for the Korean Community at the Council Chambers.
Thursday 29 July – The Mayor, Councillor Browne and Councillor McMurdo attended the NSROC Annual Conference at Lane Cove.
Saturday 31 July – The Mayor attended Oakhill College Gala Day at Castle Hill.
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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19 PLN60/10 Epping Town Centre Study - Evaluation of Tenders (F2010/00171) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT:
1. Council endorse the recommendations of the Epping Town Centre Study Steering Committee and engage the preferred consultant as recommended in Confidential Attachment 4 to Executive Manager’s Report No. PLN60/10.
2. Tenderers be advised of Council’s resolution. FOR: Councillors Berman, Chopra, Evans, Hutchence, Martin, Mills, Russell and Smart
AGAINST: Nil |
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20 CC54/10 Deferred Report - 21 July 2010 Ordinary Meeting - Review of Council, Workshop and Task Force Meeting Schedules (F2004/07032) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Smart,
THAT:
1. The Community, Cultural and Recreation Facilities Task Force; the Employment and Economic Development Task Force; the Finance and Strategy Task Force; the Infrastructure and Asset Management Task Force; and the Sustainability and Environment Task Force be disbanded
2. The Task Forces not be replaced by formal Committees of Council at this stage
3. The need for working parties to monitor and provide guidance in respect of particular projects be reviewed annually in September each year, or at other times as required.
4. There be no change to Planning Meetings i.e. they continue to be held on the first Wednesday of the month to consider items relating to planning matters
5. There be no change to Ordinary Meetings i.e. they be held on the third Wednesday of the month to consider items other than planning matters
6. Workshop Meetings be held on the second and/or fourth Wednesday of the month as necessary to consider items where there is a presentation by Council staff or a consultant as well as an opportunity for comments/questions from members of the public, prior to any decision making by Council. This could include consideration of some strategic items which are currently reviewed periodically at Task Force meetings
7. Informal briefing sessions be held quarterly (on the fifth Wednesday of the month) to receive updates about Councillor nominated projects or issues. This could include those updates which are currently received monthly at Task Force meetings
8. Other informal briefing sessions be held as necessary at the discretion of the Mayor and General Manager. This could include sessions being scheduled to follow Planning or Ordinary Meetings as appropriate or on the second or fourth Wednesday of the month when no Workshop Meetings are to be held.
9. The scheduling of existing Committee and other meetings be reviewed in an attempt limit them as much as possible to “free” Wednesday evenings. |
PUBLIC FORUM – NON AGENDA ITEMS
Nil
Questions of Which Notice Has Been Given
Nil
CONFIDENTIAL ITEMS
Nil
QUESTIONS WITHOUT NOTICE
Nil
THE MEETING terminated at 7.18 pm.
These Minutes were confirmed at the meeting held on Wednesday, 22 September, 2010, at which meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
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