MINUTES OF Ordinary Meeting
Held at Council Chambers, HORNSBY
on Wednesday, 15 September, 2010
at 6.34 pm
Councillors Berman (Chairman), Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart.
NATIONAL ANTHEM
OPENING PRAYER
Rev. Ann Hogan, from Hornsby Uniting Church, Hornsby, 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 purposes of providing a record of public comment at the meeting, supporting the democratic process, broadening knowledge and participation in community affairs, and demonstrating Council’s commitment to openness and accountability. The recordings will be made available on Council’s website once the Minutes have been finalised. All 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
COUNCILLOR RUSSELL declared a less than significant non-pecuniary interest in Item 17 - WK60/10 Tender T19/2010: Supply and Lay Asphaltic Concrete. Refer to that Item for details.
confirmation of minutes
petitionS
COUNCILLOR BROWNE tabled a Petition with approximately 160 signatures from residents requesting that Council lift the restrictive parking at Yarrara Road, Pennant Hills between Hillcrest and Ramsay Roads.
Mayoral Minutes
Notices of Motion
Nil
Rescission Motions
Nil
MATTERS OF URGENCY
RESOLVED ON THE MOTION OF COUNCILLOR HUTCHENCE, seconded by COUNCILLOR BROWNE,
THAT COUNCILLOR HUTCHENCE be permitted to raise a Matter of Urgency regarding the proposed modification to the development at 61 Mobbs Lane, Epping.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: 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, 5, 6, 7, 8, 10, 11 and 15 were withdrawn for discussion.
RESOLVED ON THE MOTION OF COUNCILLOR HUTCHENCE, seconded by COUNCILLOR EVANS,
THAT the recommendations in respect of Items 1, 4, 9, 12, 13, 14, 16, 17 and 18 be adopted.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil
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.
Persons wishing to address Council on non-agenda matters were permitted to speak after all items on the agenda in respect of which there was a speaker from the public were finalised by Council. Their names are recorded in the Minutes under the heading "Public Forum for Non-Agenda Items".
GENERAL BUSINESS
Nil
General Manager's Division
Corporate and Community Division
4 CC49/10 Outstanding Council Resolutions - Period Until 31 May 2010 (F2005/00112) |
RESOLVED ON THE MOTION OF COUNCILLOR hutchence, seconded by COUNCILLOR evans,
THAT the contents of Executive Manager’s Report No. CC49/10 be received and noted.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
5 CC50/10 Election of Deputy Mayor (F2004/07075) |
RESOLVED ON THE MOTION OF COUNCILLOR RUSSELL, seconded by COUNCILLOR EVANS,
THAT Council conduct an election for the position of Deputy Mayor for the period to September 2011 and that the election be conducted using the Open Voting method.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil ___________________________
The Mayor asked the General Manager to act as Returning Officer and conduct the election of the Deputy Mayor.
The General Manager announced that he had received two written nominations for the position of Deputy Mayor, nominating Councillors Hutchence and Martin. No further nominations were received. Councillors Hutchence and Martin confirmed that they accepted the nominations.
The General Manager explained the procedures for voting by the Open Voting method and conducted the election in respect of the candidates.
At the conclusion of the count, the General Manager announced that Councillor Hutchence had received six votes and Councillor Martin had received four votes. Councillor Hutchence was elected as Deputy Mayor for the period to September 2011. |
6 CC51/10 Schedule of Council Meetings and Order of Business to Apply at Those Meetings - October 2010 to September 2011 (F2004/07032) |
RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Hutchence,
THAT:
1. Council adopt the Schedule of ordinary Council Meetings as set out in Attachment 1 of Executive Manager’s Report No. CC51/10 for the period October 2010 to September 2011.
2. Council adopt the Order of Business as set out in Attachment 2 of Executive Manager’s Report No. CC51/10 for the ordinary Council Meetings to be held in the period October 2010 to September 2011.
3. It be noted that planning matters may be considered at Ordinary Meetings as necessary and appropriate.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
7 CC53/10 2009/10 Management Plan and Budget - June 2010 Quarter Review (F2008/00630) |
Mr Joe Nagy, of Wahroonga, addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Browne,
THAT the June 2010 Quarter Review of the Management Plan for 2009/10 – 2011/12 and the Budget for 2009/10 be received and noted.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
8 CC55/10 Cost of Processing Code of Conduct Complaints and Access to Information Requests (F2010/00375) |
Mr Peter Frame, of Berowra, addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR Smart, seconded by COUNCILLOR Evans,
THAT:
1. Council receive and note the contents of Executive Manager’s Report No. CC55/10.
2. Council authorise the General Manager to be the primary person nominated to implement management strategies to handle unreasonable conduct by complainants.
3. Management and Councillor support be provided in respect of Council’s commitment to the management strategies implemented in 2. above.
4. A review of Council’s Complaints Handling Policy be undertaken to take into consideration the Ombudsman’s Manual Management Strategies.
5. It be confirmed with Mr Waite that complaints will only be assessed where all information is submitted in a single, organised and summarised manner and when a decision is made it is final, otherwise the complaint and subsequent correspondence will be filed and no further action taken.
6. It be confirmed with Mr Waite that his correspondence will be filed and no further action taken unless, in the General Manager’s opinion, the correspondence raises substantially new issues of a contemporary and significant nature warranting further action.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Mills, Russell and Smart
AGAINST: Councillors Martin and McMurdo |
9 CC56/10 Declarations of Pecuniary Interest and Other Matters Returns - Councillors and Designated Persons (F2010/00368) |
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.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
10 CC58/10 2010/11 Investments and Borrowings - Report for Period Ending July 2010 (F2004/06987) |
Mr Joe Nagy, of Wahroonga, addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Russell,
THAT the contents of the Executive Manager’s Report No. CC58/10 be received and noted.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
11 CC59/10 2009/10 General Purpose And Special Purpose Financial Reports (F2010/00065) |
Mr Peter Frame, of Berowra, addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Browne,
THAT:
1. The 2009/10 General Purpose and Special Purpose Financial Reports, distributed under separate cover, be received and noted and referred for audit.
2. The Mayor and Deputy Mayor be authorised to sign the Statutory Statements in connection with the 2009/10 Financial Reports.
3. The 2009/10 Financial Reports be authorised for “presentation to the public” on receipt of the Auditor’s Reports.
4. The General Manager be delegated authority to fix the date of the Ordinary Meeting at which the 2009/10 Financial Reports and Auditor’s Report are formally “presented to the public”.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
Environment Division
12 EN37/10 Progress report for investigation of Mountain Bike trails within Hornsby Local Government Area (F2008/00693) |
RESOLVED ON THE MOTION OF COUNCILLOR hutchence, seconded by COUNCILLOR evans,
THAT Council:
1. Note progress of the endorsed recommendations from Executive Manager’s Report No. EN58/09.
2. Provide in-principle support for the establishment of a mountain bike facility within the Hornsby Park/Old Mans Valley area subject to funding.
3. Not proceed with the proposal by World Trail for a Hornsby to Westleigh Mountain Bike Track due to environmental sensitivities.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
13 EN40/10 Adoption of the 2009-2010 Estuary Management Program Annual Report (F2004/06902) |
RESOLVED ON THE MOTION OF COUNCILLOR hutchence, seconded by COUNCILLOR evans,
THAT Council adopt the 2009/10 Estuary Management Program Annual Report.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
14 EN41/10 Sale of Surplus Local Open Space Land (F2008/00680) |
RESOLVED ON THE MOTION OF COUNCILLOR hutchence, seconded by COUNCILLOR evans,
THAT Council:
1. Provide in-principle support to the potential sale of surplus local open space land within the Hornsby Local Government Area to address open space asset replacements and upgrades generally in accordance with the principles and process described in Executive Manager’s Report No. EN41/10.
2. Authorise the engagement of a suitable project manager to commence predisposal activities and additionally manage the disposal activities in accordance with the steps outlined in Executive Manager’s Report No. EN41/10.
3. Authorise the appointment of a suitable consultant to implement the Stakeholder Engagement Plan referred to in Executive Manager’s Report No. EN41/10.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
15 EN42/10 Report on Food Inspection Program for 2009-2010 (F2004/08373-03) |
RESOLVED ON THE MOTION OF COUNCILLOR McMurdo, seconded by COUNCILLOR Evans,
THAT the contents of Executive Manager’s Report No. EN42/10 be received and noted.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
Planning Division
Nil
Works Division
16 WK59/10 Proposed Parramatta to Hornsby Regional Bus Route (M60) (F2004/08742) |
RESOLVED ON THE MOTION OF COUNCILLOR hutchence, seconded by COUNCILLOR evans,
THAT Council:
1. Note that the State Government proposes to commence a high frequency regional bus service, the Metrobus M60 Route, between Parramatta and Hornsby, in February 2011.
2. Note that new or relocated bus stops will be shortly referred to the Local Traffic Committee for a recommendation, following completion of public consultation with affected property owners.
3. Advise Transport NSW of its support for the proposal subject to there being no cost implications to Council as a result of the new service, and that Transport NSW agrees to provide or fund new or relocated bus stops in accordance with the Commonwealth Disability Standards for Accessible Public Transport.
4. Request Transport NSW to raise with the RTA, Council’s concerns regarding safe access for passengers on Boundary Road, and actively seek a commitment from the RTA to improve conditions for pedestrians along this road.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
17 WK60/10 Tender T19/2010: Supply and Lay Asphaltic Concrete (F2010/00379) |
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). COUNCILLOR RUSSELL stated on the Declaration of Interest form “I am an employee of Hertz Australia (Licensee) who have as an account Downer EDI, the successful tenderer”, and the explanation of why the interest does not require further action in the circumstances was “I have no input into the Officer’s Recommendation. I am an employee of a Hertz Licensee and as such have no influence with contract negotiations. Therefore I have a less than significant interest”.
RESOLVED ON THE MOTION OF COUNCILLOR hutchence, seconded by COUNCILLOR evans,
THAT Council accept the tender of Downer EDI Works Pty Ltd. for all work under Tender No. T19/2010: Supply and Lay Asphaltic Concrete.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
18 WK61/10 Tender No. T12/2010 - Design and Construction Management of Hornsby Aquatic Centre (F2010/00169) |
RESOLVED ON THE MOTION OF COUNCILLOR hutchence, seconded by COUNCILLOR evans,
THAT:
1. Council accept the tender of Peter Hunt Pty Ltd for the work detailed in Tender No. T12/2010: Design and Construction Management of Hornsby Aquatic Centre.
2. The price be made public upon formal acceptance of the tender. FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
Supplementary AGENDA
Nil
Nil
PUBLIC FORUM – NON AGENDA ITEMS
Mr Bill Aitken, of Normanhurst, addressed Council regarding the restrictive parking at Yarrara Road, Pennant Hills between Hillcrest and Ramsay Roads. He passed a petition in respect of the matter to Councillor Browne and asked that it be tabled (also refer Petitions section of these Minutes).
MAYORS NOTES
20 MN9/10 Mayor's Notes from 1 to 31 August 2010 (F2004/07053) |
Friday 6 August – The Mayor attended the “Wrapped with Love” Knit In Competition at Hornsby Library.
Saturday 7 August – The Mayor attended the Sydney International Squash Challenge at Thornleigh.
Wednesday 11 August – The Mayor welcomed participants to the Family Harmony and the Law Event held at the Council Chambers.
Thursday 12 August – The Mayor attended the Pennant Hills District Civic Trust AGM at Pennant Hills Bowling Club.
Sunday 15 August – The Mayor attended the Official Opening of the new Kurrajong Building at Barker College.
Monday 16 August – The Mayor attended the Local Government of NSW One Association Convention at Star City, Sydney.
Wednesday 18 August – The Mayor attended The Grange Lifehouse Card Day Lunch at Waitara.
Thursday 19 August – The Mayor attended the Rural Fire Service Medal Presentation Ceremony at Fire Control Centre, Cowan.
Sunday 22 August – The Mayor and Mrs Berman attended the Indian Seniors Club Indian Independence Celebration at Epping Leisure and Learning Centre.
Monday 23 August – The Mayor hosted a Citizenship Ceremony at Pennant Hills Community Centre.
Wednesday 25 August – The Mayor attended the Transport NSW Industry Breakfast Forum at Tattersalls Club, Sydney.
Wednesday 25 August – The Mayor attended the Diocese of Broken Bay and Affinity Intercultural Foundation Building Harmony Ramadan Iftar Dinner at Pennant Hills.
Thursday 26 August – The Mayor attended the launch of the new comingled recycling program as part of “Keep Australia Beautiful Week” at Hornsby TAFE.
Saturday 28 August – The Mayor attended the Special Olympics Australia Golden Rose Race Day Luncheon at Rosehill Racecourse.
Saturday 28 August – Councillor Hutchence, on behalf of the Mayor, attended the 2nd/17th Battalion of the Royal NSW Regiment Kokoda Dinner at Pymble.
Sunday 29 August – The Mayor officially opened Galston Springfest Fair and Parade at Galston.
Monday 30 August – The Mayor attended the National Launch of Legacy Week 2010 at The Cenotaph, Martin Place, Sydney.
Monday 30 August – The Mayor presented trophies at the Northern Suburbs District Women’s Bowling Association Annual Hornsby Shire Trophy Day at West Pennant Hills Bowling 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
QUESTIONS WITHOUT NOTICE
Nil
THE MEETING terminated at 7.53 pm
These Minutes were confirmed at the meeting held on Wednesday, 20 October, 2010, at which meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
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