MINUTES OF Ordinary Meeting
Held at Council Chambers, HORNSBY
on Wednesday, 18 May, 2011
at 6.33pm
PRESENT
Councillors Berman (Chairman for consideration
of all items except Item 8), Browne, Chopra, Evans, Hutchence (Chairman for
consideration of Item 8), McMurdo, Mills, Russell and Smart
NOTE: Councillor Browne arrived at the Meeting at 6.36pm during
discussion of Apologies/Leave of Absence.
NATIONAL ANTHEM
OPENING PRAYER
Rev. Robert Borg of Ku-Ring-Gai Chase Catholic Parish, Asquith 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 acknowledge we are on the traditional lands of the
Darug and Guringai Peoples. We pay our respects to elders past and
present."
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
RESOLVED ON THE MOTION OF
COUNCILLOR HUTCHENCE, seconded by COUNCILLOR EVANS,
THAT the apology and request for
leave of absence from Councillor Martin in respect of an inability to attend
the Ordinary Meeting on 18 May, 2011 be accepted and leave of absence be
granted.
FOR:
Councillors Berman, BROWNE, Chopra, Evans, Hutchence, McMurdo,
Mills, Russell and Smart
AGAINST: NIL
presentations
Nil
declarations of
interest
COUNCILLOR BERMAN declared a significant non-pecuniary
interest in Item 8 – EN16/11 Leasing of Council Tennis Courts. Refer to that Item for details.
confirmation of
minutes
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RESOLVED
ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Browne,
THAT the Minutes of the Ordinary Council
Meeting held on Wednesday 20 April 2011 be confirmed, a copy having been
distributed to all Councillors.
FOR: Councillors Berman, Browne, Chopra, Evans,
Hutchence, McMurdo, Mills, Russell and Smart
AGAINST: NIL
RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Browne,
THAT the Minutes of the Workshop Meeting
held on Wednesday 27 April 2011 be confirmed, a copy having been distributed
to all Councillors.
FOR: Councillors Berman, Browne, Chopra, Evans,
Hutchence, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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petitionS
Nil
Mayoral Minutes
Nil
Notices of Motion
Nil
Rescission Motions
Nil
MAYORAL MINUTES
Nil
MATTERS OF
URGENCY
RESOLVED ON THE
MOTION OF COUNCILLOR SMART, seconded by COUNCILLOR HUTCHENCE,
THAT Councillor Smart be permitted to raise a Matter of Urgency regarding a review
of Council’s external services.
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, Mills, Russell and Smart
AGAINST: Councillor
McMurdo
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21 MOU3/11 External Services Review
(F2009/00174 )
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RESOLVED ON THE MOTION OF COUNCILLOR SMART, seconded by COUNCILLOR
HUTCHENCE,
THAT:
1. A review of Council’s external services be undertaken by
appointing an external consultant within the next 60 days.
2. The General Manager obtain quotes from three consultants
and the results be reported to a Briefing/Workshop Meeting in order to
proceed with the review as soon as possible thereafter. Budget is to be
determined by the quotes.
3. The review is to identify opportunities for increased
productivity and cost savings (target minimum 5% of budget), and is to
include all Branches of Council that deliver services to the community. The
review is to make recommendations regarding services to be delivered,
appropriate service levels, method of service delivery, and levels of
staffing required to deliver the proposed services. Any opportunities for
structural change that will assist in the improved delivery of services to the
community should also be identified.
4. The review is to have regard for actions agreed by Council
following the recently completed review of internal services, with savings
identified to date being included in the above target.
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, McMurdo, Mills, Russell and Smart
AGAINST: Nil
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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, 7, 8, 12, 17 and 19 were
withdrawn for discussion.
RESOLVED ON THE MOTION OF COUNCILLOR Browne,
seconded by COUNCILLOR Evans,
THAT the recommendations in
respect of Items 1, 3, 4, 5, 6, 9, 10, 11, 13, 14, 15, 16 and 18 be adopted.
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, McMurdo, Mills, Russell and Smart
AGAINST: NIL
NOTE: Item
20 was called over and noted.
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
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1 GM12/11 Review
of Policies and Codes - Community Relations Team
(F2004/07027)
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RESOLVED
ON THE MOTION OF COUNCILLOR Browne,
seconded by COUNCILLOR Evans,
THAT:
1. The contents of General Manager’s Report No. GM12/11 be
received and noted.
2. Council adopt the proposed amendments and additions to
Community Relations’ Policies as outlined in General Manager’s Report No. GM12/11
and its attachments.
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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2 GM13/11 Outstanding
State Government Issues
(F2004/07217)
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RESOLVED ON THE MOTION OF COUNCILLOR McMurdo, seconded by COUNCILLOR Browne,
THAT:
1. At the proposed Workshop Meeting with the newly-elected
State Members of Parliament, the issues outlined in General Manager’s Report
No. GM13/11 (together with solar contracts tariff, grant funding for Bushcare
volunteer groups, and brothels) form the basis of an agenda for
clarification, advocacy and discussion and continuing representations in
respect of each issue.
2. Through the Memorandum
of Understanding, Council invite The Hills Shire Council to join in any
continuing representations with respect to the following and any other issues
determined by Council:
·
North West Rail Link
·
New Line Road/Old Northern Road
·
Sewerage – Galston, Glenorie and Cowan
·
South Dural Planning
·
Financial Viability of Local Government (including rate pegging
and cost shifting)
·
Election funding
·
Crown Lands
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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Corporate and Community Division
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3 CC21/11 Declarations
of Pecuniary Interest and Other Matters Returns - Councillors and Designated Persons
(F2010/00368)
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RESOLVED
ON THE MOTION OF COUNCILLOR Browne,
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, McMurdo, Mills, Russell and Smart
AGAINST: nil
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4 CC23/11 March
2011 Quarter Review Against Delivery Program 2010-2014 Including Operational
Plan (Budget) 2010/11
(F2009/00617)
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RESOLVED
ON THE MOTION OF COUNCILLOR Browne,
seconded by COUNCILLOR Evans,
THAT the March 2011 Quarter
Review of the Delivery Program 2010-2014 including
the 2010/11 Operational Plan (Budget) be received and noted.
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, McMurdo, Mills, Russell and Smart
AGAINST: nil
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5 CC24/11 Social
Plan 2010-2014 - Service Plan for 2011/12
(F2009/00662)
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RESOLVED
ON THE MOTION OF COUNCILLOR Browne,
seconded by COUNCILLOR Evans,
THAT the Hornsby Shire Council Social Plan 2010-2014 – Draft
Service Plan for 2011/12, attached to Executive Manager’s Report No. CC24/11,
be adopted.
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, McMurdo, Mills, Russell and Smart
AGAINST: nil
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6 CC25/11 2010/11
Investments and Borrowings - Period Ending March 2011
(F2004/06987)
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RESOLVED
ON THE MOTION OF COUNCILLOR Browne,
seconded by COUNCILLOR Evans,
THAT the contents of the
Executive Manager’s Report No. CC25/11 be received and noted.
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, McMurdo, Mills, Russell and Smart
AGAINST: nil
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Environment Division
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7 EN11/11 Tree
Removal at 6 Peppermint Gum Place, Westleigh
(TA/232/2010/A)
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Mrs Cavelyn Jones, of Westleigh,
addressed Council regarding this item.
RESOLVED ON THE MOTION OF
COUNCILLOR Evans, seconded by
COUNCILLOR Russell,
THAT:
1.
Council grant consent for the removal of one Liquidambar styraciflua
(Liquidambar) located at 6 Peppermint Gum Place, Westleigh.
2.
The owner be required to plant a replacement tree of a suitable indigenous
species.
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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8 EN16/11 Leasing
of Council Tennis Courts
(F2004/06450)
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NOTE:
COUNCILLOR BERMAN declared a significant non-pecuniary interest in this item
under Clause 51A of Council's Code of Meeting Practice (see
Declarations of Interest in these Minutes). The
nature of interest was stated by COUNCILLOR BERMAN on the Declaration of
Interest form as: “A number of people known to me have made representations
concerning this matter”. COUNCILLOR BERMAN was not present at, or in
sight of, the Meeting when the matter was being debated or voted on.
NOTE: In view of the Mayor’s advice that he
would be leaving the Meeting during discussion and voting of Item 8, the
Deputy Mayor assumed the Chair for consideration of the Item.
RESOLVED ON THE MOTION OF COUNCILLOR Russell, seconded by COUNCILLOR Evans,
THAT Council:
1.
Authorise the preparation of an Invitation to Tender for the following
seven tennis centres when the leases expire in June 2011:
· Mills Park, Asquith
· Beecroft Village Green
· Berowra (Boundary Road)
· North Epping Oval
· Pennant Hills Park
· Waitara Oval
· Ruddock Park, Westleigh
2. Provide in-principle support to the conversion of the tennis
centre on Berowra Waters Road, Berowra to multi purpose hard courts for
netball/basketball, subject to the confirmation that these courts are being
underutilised.
FOR: Councillors Browne, Chopra, Evans, Hutchence,
McMurdo, Mills, Russell and Smart
AGAINST: NIL
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9 EN17/11 Parks
Capital Works 2010/11 December Quarter Progress Report
(F2004/06971)
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RESOLVED
ON THE MOTION OF COUNCILLOR Browne,
seconded by COUNCILLOR Evans,
THAT the contents of Executive Manager's Report No. EN17/11 be received and
noted.
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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10 EN18/11 M2
Advertising - Public Interest Benefit
(F2004/07588)
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RESOLVED
ON THE MOTION OF COUNCILLOR Browne,
seconded by COUNCILLOR Evans,
THAT Council:
1. Advise the Roads and Traffic Authority that it rejects the
offer from Manboom of in-kind advertising.
2. Advise the Roads and Traffic Authority that it accepts the
offer from Manboom of monetary contributions of $30,000 per annum, indexed to
the Consumer Price Index, for 13 years until 2024 in accordance with the
offer outlined in Executive Manager’s Report No. EN18/11.
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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Planning Division
Nil
Works Division
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11 WK20/11 Works
Progress Report - March 2011 Quarter - Assets Branch
(F2004/05959-02)
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RESOLVED
ON THE MOTION OF COUNCILLOR Browne,
seconded by COUNCILLOR Evans,
THAT the contents of Executive
Manager’s Report No. WK20/11 be received and the progress of the 2010/11
Assets Branch Programs for the March 2011 quarter be noted.
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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12 WK21/11 Re-establishment
of Alcohol Free Zone Under the Local Government Act, 1993 in the Pennant
Hills Commercial Centre
(F2004/08355)
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RESOLVED ON
THE MOTION OF COUNCILLOR
Browne, seconded by COUNCILLOR Evans,
THAT Council:
1.
Adopt the proposal to re-establish an
Alcohol Free Zone in the Pennant Hills Commercial Centre for a period
of four years in the following areas, excluding approved outdoor dining
areas:
· Fisher Avenue (Pennant Hills Road to the end of Fisher Avenue carpark)
· Hillcrest Road (Yarrara Road to the Police Station at No 12 Hillcrest Road)
· Ramsay Road (Yarrara Road to No 4 Ramsay Road)
· Warne Street (Yarrara Road to cul de sac including extension into Shields Lane)
· Pennicook Lane (Hillcrest Road to Ramsay Road)
· Geeves Lane (Fisher Avenue to Hillcrest Road)
· Fisher Avenue carpark
· Yarrara Road
(Pennant Hills Road to Shields Lane including eastern side at Railway Station and west side area immediately in front of the Library
and Community Centre in Yarrara Road)
· Shields Lane (Yarrara Road to Willis Avenue)
· Wollundry Park (between Ramsay Road and Warne Street)
2.
Publish in a newspaper
circulating in the area as a whole or in a part of the area that includes the
Zone concerned:
· a notice declaring that an Alcohol Free Zone has been
established, and
· specify
that the Alcohol Free Zone is to commence operation after seven days from the
date of publication, and when the affected area is adequately signposted.
3.
Prepare signage:
· declaring
that an Alcohol Free Zone has been established, and
· erect signage at the
gateways to the Zone, and at suitable intervals within the Zone.
FOR: Councillors Berman, Browne, Chopra, Evans,
Hutchence, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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13 WK22/11 Works Building Services - Graffiti and Vandalism March 2011 Quarterly Report
(M2011/00728)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,
THAT the contents of Executive
Manager’s Report No. WK22/11 be received and noted.
FOR: Councillors Berman, Browne, Chopra, Evans,
Hutchence, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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14 WK23/11 Hornsby
Overland Flow Study and Draft Flood Planning Maps - Process for Addressing
Submissions Received
(F2010/00292-02)
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RESOLVED
ON THE MOTION OF COUNCILLOR Browne,
seconded by COUNCILLOR Evans,
THAT Council:
1. Endorse the process for addressing submissions received for
the Public Exhibition of the Hornsby Overland Flow Study and the Draft
Hornsby Shire Flood Planning Maps as presented in Executive Manager’s Report
No. WK23/11.
2. Adopt Criterion c - 5yr ARI without Pipes + Depth =>
150mm for the 5m grid size model as a surrogate for the 100yr ARI with Pipes and for an overland flow depth of 150mm to identify Flood Control Lots with High
Risk or Hazard when finalising the Flood Planning Maps.
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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15 WK24/11 Engineering
Services - Building Capital Works Program 2010/11 - March 2011 Quarterly
Report
(F2004/05958)
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RESOLVED
ON THE MOTION OF COUNCILLOR Browne,
seconded by COUNCILLOR Evans,
THAT the contents of Executive
Manager’s Report No. WK24/11 be received and noted.
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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16 WK25/11 Works
Progress Report - March Quarter 2011 - Design and Construction Branch
(F2004/05959-02)
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RESOLVED
ON THE MOTION OF COUNCILLOR Browne,
seconded by COUNCILLOR Evans,
THAT the
contents of Executive Manager’s Report No. WK 25/11 be received and noted.
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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17 WK27/11 2011-2015
4-Year Rolling Works Improvement Programs
(F2004/05959-02)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Hutchence,
THAT:
1. (a) Council adopt the 2011-2015 4-Year Rolling Local Road and Footpath Improvement Programs presented at Appendix A1 and
Appendix B1 respectively in Executive Manager’s Report No. WK27/11, with
the exception of the program for C Ward, subject to the adoption of Council’s
2011/12 Budget.
(b) The program for C Ward as shown in Appendix A1
and A2 in Executive Manager’s Report No. WK27/11, be amended to provide
for the construction of Wongala Crescent, Pennant Hills in 2011/12
(and 2012/13 if necessary), in lieu of the New Farm Road, West Pennant
Hills project, which is deferred for further consideration.
2. (a) Council adopt the 2011-2015 4-Year Rolling Local Road and Footpath Improvement Programs with Rate Increase presented at
Appendix A2 and Appendix B2 respectively in Executive Manager’s Report
No. WK27/11, with the exception of the program for C Ward, in the
event that Council’s Rate Increase Application is approved.
(b) The program for C Ward as shown in Appendix B2 in
Executive Manager’s Report No. WK27/11, be amended to provide for the
construction of footpath in Loftus Road, Pennant Hills (side of road to be
determined in consultation with C Ward Councillors) in 2011/12 (and
2012/13 if necessary), in lieu of Hull Road, which is to be listed for
consideration in a future program.
3. An amount of $25,000 be allocated in the 2011/12 Budget for
the Local Road Improvement Program Rural Component to implement the Rural
Road Management Plan Long Term Recommendations, Year 8 of 10.
4. An amount of $200,000 be allocated in the 2011/12 Budget for
the Local Road Improvement Program Rural Component for the Sealing Unsealed
Roads Implementation Program, Year 7 of 10.
5. The C Ward programs amended pursuant to the above, be the
subject of a further report at the 15 June 2011 Ordinary Meeting.
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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18 WK29/11 Works
Progress Report - March 2011 Quarterly - Traffic and Road Safety Branch
(F2005/00001)
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RESOLVED
ON THE MOTION OF COUNCILLOR
Browne, seconded by COUNCILLOR Evans,
THAT Council endorse
the activities undertaken by the Traffic and Road Safety Branch for the
period 1 January to 31 March 2011.
FOR: Councillors Berman, Browne, Chopra, Evans,
Hutchence, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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19 WK30/11 Hornsby
Quarry and Adjoining Lands
(F2004/08984-07)
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RESOLVED ON THE MOTION OF COUNCILLOR Mills, seconded by COUNCILLOR Evans,
THAT:
1. The contents of Executive Manager’s Report No. WK30/11 be
received and noted.
2. Council proceed with Stage 2B – Local Plan Making for Contract
C28/2009: Hornsby Quarry: Land Filling Approval for the preparation of the
planning and environmental approvals necessary to facilitate the filling of
the Hornsby Quarry pit with Virgin Excavated Natural Material (VENM).
FOR: Councillors
Berman, Browne, Chopra, Evans, Hutchence, McMurdo, Mills, Russell and Smart
AGAINST: NIL
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Supplementary Reports
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20 MN5/11 Mayor's
Notes from 1 to 30 April 2011
(F2004/07053)
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Friday 1 April – The Mayor
officially launched the Exhibition of Chinese Calligraphy and Paintings at
Hornsby Library.
Saturday
2 April – The Mayor attended the Hornsby Ku-ring-gai PCYC Time 4 Kids
Fundraiser at Hornsby Mall.
Sunday
3 April – The Mayor and Councillor Chopra attended an Inauguration
Function for the Sanskrit Language Bharatiya Culture and Heritage Sunday
School for Children at Hornsby.
Tuesday
5 April – The Mayor attended St Patrick’s Catholic Primary School Recognition Ceremony of the School’s BER Project at Asquith.
Wednesday
6 April – The Mayor attended St Agatha’s Catholic Primary School Recognition Ceremony and Blessing of the School’s BER Project at Pennant Hills.
Wednesday
6 April – The Mayor attended St George Maronite Catholic Church’s
celebration of the 10 Year Anniversary Mass of St George at Thornleigh.
Thursday
7 April – The Mayor attended Waitara Public School’s ANZAC Ceremony
at the School.
Thursday
7 April – The Mayor attended the 2011 Nairana Business Dinner at The
Epping Club, Epping.
Sunday
10 April – The Mayor and Mayoress attended Brooklyn RSL Sub-Branch’s
Commemoration of ANZAC Service at Brooklyn Park and ANZAC Dinner at Mooney Mooney Workers Club.
Monday
11 April – The Mayor attended a Centenary Dinner to celebrate 100
years of the NSW Justices Association at Asquith Leagues Club.
Sunday
17 April – The Mayor attended Hornsby RSL Sub-Branch’s ANZAC Sunday March
and Service at Hornsby.
Sunday 17 April – The
Deputy Mayor, on behalf of the Mayor, attended Berowra RSL Sub-Branch’s ANZAC
Sunday March, Service and lunch at Berowra.
Monday
18 April – The Mayor hosted three Citizenship Ceremonies at the
Council Chambers.
Monday
25 April – The Mayor attended Hornsby RSL Sub-Branch’s ANZAC Day March
and Dawn Service at Hornsby.
Monday
25 April – The Mayor attended Berowra RSL Sub-Branch’s ANZAC Day Service
at Berowra.
Monday
25 April – The Mayor and Mayoress attended Glenorie RSL Sub-Branch’s
ANZAC Day March and Service at Glenorie.
Thursday
28 April – The Mayor attended Normanhurst Boys High School’s ANZAC
Service at the School.
Friday
29 April – The Mayor attended St Leo’s Catholic College ANZAC
Ceremony and ANZAC Memorial Garden Opening and Blessing at Wahroonga.
Saturday
30 April – The Mayor attended a Morning Tea with Members of the
Ku-ring-gai Netball Association at Turramurra.
Saturday
30 April – The Mayor attended Asquith Golf Club’s “Diggers Day” Golf
and Dinner Fundraiser for Legacy at the 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.
CALLED OVER AND
NOTED
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PUBLIC FORUM
– NON AGENDA ITEMS
Nil
CONFIDENTIAL ITEMS
Nil
Questions of Which Notice Has Been Given
Nil
QUESTIONS
WITHOUT NOTICE
Nil
THE MEETING terminated at 7.18pm.
These Minutes were confirmed at
the meeting held on Wednesday, 15 June, 2011, at which meeting the signature
hereunder was subscribed.
CONFIRMED CHAIRMAN
___________________________________________________________________________