MINUTES OF Ordinary Meeting
Held at Council Chambers, HORNSBY
on Wednesday, 19 October, 2011
at 6.35pm
Councillors Berman (Chairman), Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart.
NOTE: Councillor Evans arrived at the Meeting at 6.39pm during consideration of Apologies/Leave of Absence.
NATIONAL ANTHEM
OPENING PRAYER
Father 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
Nil
presentations
Nil
declarations of interest
COUNCILLOR CHOPRA declared a less than significant non-pecuniary interest in Item 4 - Report No. CC64/11 Community Donations Programme 2011/12. Refer to that Item for details.
COUNCILLOR MCMURDO declared a significant non-pecuniary interest in Item 4 - Report No. CC64/11 Community Donations Programme 2011/12. Refer to that Item for details.
COUNCILLOR MILLS declared a significant non-pecuniary interest in Item 4 - Report No. CC64/11 Community Donations Programme 2011/12. Refer to that Item for details.
confirmation of minutes
petitionS
Nil
Rescission Motions
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Items 3, 4, 6, 7, 11, 15, 16 and 17 were withdrawn for discussion.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, 2, 5, 8, 9, 10, 12, 13 and 14 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.
GENERAL BUSINESS
General Manager's Division
Nil
Corporate and Community Division
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5 CC65/11 Constitutional Recognition of Local Government (F2004/06308) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Browne,
THAT:
1. The contents of Executive Manager’s Report No. CC65/11 be received and noted.
2. A submission be forwarded to the Expert Panel on Constitutional Recognition of Local Government indicating Council’s support for the inclusion in the Australian Constitution of the financial recognition of local government.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
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6 CC66/11 Local Government Reform (F2004/06188-02) |
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RESOLVED ON THE MOTION OF COUNCILLOR McMurdo, seconded by COUNCILLOR Browne,
THAT:
1. The contents of Executive Manager’s Report No. CC66/11 be received and noted.
2. Council advise the Destination 2036 Implementation Steering Committee:
a) that it supports the draft Vision Statement contained in the Destination 2036 Outcomes Report as a basis for further consultation and development.
b) that it supports the “roadmap” of strategic initiatives and the “priority actions” in Appendix E of the Destination 2036 Outcomes Report as being the priorities for inclusion in the Destination 2036 Draft Action Plan.
3. Council note the Local Government Reform Discussion Paper prepared for Warringah Council.
4. Council note the letter from the United Services Union in respect of the Destination 2036 Implementation Steering Committee.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
Environment Division
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7 EN45/11 Possible Expansion of Uses at the Rural Sports Facility at Galston (F2004/07811-02) |
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Mrs Elizabeth Jones, on behalf of Galston Equestrian Club, addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Russell,
THAT:
1. Expressions of interest be publicly invited for additional uses of the Rural Sports Facility, including but not limited to, other recreational activities.
2. Once the expressions of interest process has been completed, the matter be discussed with Councillors at an informal briefing session prior to a report being prepared for Council’s consideration.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
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8 EN46/11 Bushland and Biodiversity Team Annual Report 2010/11 (F2004/06718) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Browne,
THAT Council adopt the ‘Bushland and Biodiversity Team Annual Report 2010/11’ attached to Executive Managers Report No. EN 46/11.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
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9 EN47/11 Tender for Amenities Building Construction - Hayes Oval, Galston (F2004/06718) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Browne,
THAT:
1. Council accept the tender of Marc Morabito Constructions for Tender No. T14/2011: Amenities Building Construction, Hayes Oval, Galston for the lump sum price as stated in Confidential Memo No. ENV 21/11 attached to Executive Manager’s Report No. EN47/11.
2. The price be made public on formal acceptance of the tender.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
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10 EN48/11 Old Mans Valley Draft Plan of Management (F2004/07932) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Browne,
THAT Council place the Draft Old Mans Valley Plan of Management on public exhibition for no less than the legislatively required period, with a view to future adoption following the receiving of submissions through the exhibition period.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
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11 EN49/11 Request to Remove Tree at 8 Arkena Avenue, Epping (TA/315/2011) |
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Mr Michael Yim, of Epping, addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR MARTIN, seconded by COUNCILLOR BROWNE, THAT consideration of the request to remove a tree at 8 Arkena Avenue, Epping be deferred until the 21 December 2011 Ordinary Meeting to enable the resident to provide Council with a report from a consulting arborist which assesses the condition of the tree.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
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12 EN52/11 Adoption of 2010/11 Estuary Management Program Annual Report (F2004/06902) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Browne,
THAT Council adopt the 2010/11 Estuary Management Program Annual Report.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
Planning Division
Nil
Works Division
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13 WK62/11 Tender No. T11/2011 Survey and Design of Major Stormwater Drainage Upgrades (F2011/00993) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Browne,
THAT:
1. Council accept the tender of Brown Consulting (NSW) Pty Ltd for Projects 1 and 4 (Option F) and of Bannister & Hunter Pty Ltd for Projects 2 and 3 (Options B and C) for all work under Tender No. T11/2011: Survey and Design of Major Stormwater Drainage Upgrades, for the lump sum prices as stated in Confidential Memo No. WD D&C 49/11 attached to Executive Managers Report No. WK 62/11.
2. The prices be made public on formal acceptance of the tenders.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
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14 WK63/11 Roads to Recovery Program - Extension Beyond 2014 (F2004/07284-02) |
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Browne,
THAT Council:
1. Support the Australian Local Government Association’s national advocacy on behalf of local government for the extension of the Roads to Recovery Program by calling on the Federal Government to:
· recognise the successful delivery of the Roads to Recovery Program by local government since 2000; · continue the Roads to Recovery Program on a permanent basis to assist local government in meeting its responsibilities of providing access for its communities; · continue the Roads to Recovery Program with the current administrative arrangements; and · provide an increased level of funding under a future Roads to Recovery Program that recognises the national shortfall of funding on local roads of $1.2 billion annually.
2. Write to the Prime Minister, the Leader of the Opposition, Minister for Infrastructure and Transport, Opposition spokesperson for Transport and the local Federal Member of Parliament, advising them of Council’s support for a new and extended Roads to Recovery Program.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
CONFIDENTIAL ITEMS
RESOLVED ON THE MOTION OF COUNCILLOR EVANS, seconded by COUNCILLOR MCMURDO,
THAT Council move in to Confidential Session to discuss the attachment to Item 15 - Mayoral Minute No. MM13/11 – Proposed Lease – 17 Station Street, Hornsby - for the reason given below the item.
FOR: Councillors Berman, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil
RESOLVED ON THE MOTION OF COUNCILLOR EVANS, seconded by COUNCILLOR MCMURDO
THAT Council move out of Confidential Session.
FOR: Councillors Berman, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil
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15 MM13/11 Proposed Lease - 17 Station Street, Hornsby (F2004/06308) The attachment to this Mayoral Minute is confidential, under Section 10A (2) (d) (i) of the Local Government Act, 1993. The attachment contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. |
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RESOLVED ON THE MOTION OF COUNCILLOR Berman, seconded by COUNCILLOR Browne,
THAT Mayoral Minute No. MM13/11 be withdrawn and not be further considered by Council. FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
PUBLIC FORUM – NON AGENDA ITEMS
Nil
Questions of Which Notice Has Been Given
Nil
Mayor's Notes
Nil
Mayoral Minutes
NOTE: Part of Council’s consideration of Mayoral Minute No. MM 13/11 – Proposed Lease – 17 Station Street, Hornsby (Item 15) occurred in confidential session. Item 15 is, therefore, shown in the Confidential Items section of these minutes
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16 MM12/11 General Manager - Delegation and Power of Attorney (F2004/09419-07) |
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RESOLVED ON THE MOTION OF COUNCILLOR BERMAN, seconded by COUNCILLOR Browne,
THAT:
A. Pursuant to the powers of delegation conferred on Council by Sections 377 and 381 of the Local Government Act 1993 and by Section 151 of the Environmental Planning and Assessment Act 1979 and pursuant to every other power it hereunto enabling, Council delegate to Scott Frederick PHILLIPS, General Manager of the Council, the power to exercise all the functions, powers, duties and authorities conferred upon Council pursuant to:-
1. the Local Government Act 1993; and
2. the Environmental Planning and Assessment Act 1979; and
3. all other Acts whatsoever under which Council has functions, powers, duties and authorities; and
4. all regulations, by-laws, rules and the like made by or under any of the Acts referred to in 1, 2 or 3 above; and
5. a Memorandum of Understanding with the Department of Lands to exercise the powers under Section 35 and Section 36 of the Roads Act 1993 on behalf of the Minister; and
6. Section 12 and Section 18a and Section 18 and Section 19 and Section 20(1) and Section 20(2) and Section 20(3) and Section 28 and Section 29 and Section 30 and Section 32 and Section 36a and Section 41 and Section 45 Section 46 and Section 47 and Section 50 and Section 54 and Section 55 and Section 64 of the Noxious Weeds Act 1993.
Subject To any resolution made from time to time by the said Council and provided always that such delegation of powers shall not and shall not be deemed to extend to:-
1. any of the matters expressly reserved to the Council in Section 377 of the Local Government Act 1993;
2. the alteration of the meeting cycle of Council;
3. the overview and direction of business activities;
4. the role of the Mayor as provided for in and determined under Section 226 of the Local Government Act 1993;
5. major unique items where no policy, practice or code of the Council exists;
6. adoption of Local Environmental Plans, Development Control Plans and Section 94 Contribution Plans pursuant to the Environmental Planning and Assessment Act 1979;
7. adoption of Council policies and codes;
8. items in respect of which the Mayor or a Councillor has specifically requested the General Manager to place before Council for determination by Council;
and that subject to the provisions of the Local Government Act 1993 and the other Acts referred to above the functions, powers, duties and authorities hereby delegated by Council to the General Manager pursuant to this resolution be unlimited as to the period during which they may be exercised.
B. Council appoint the General Manager, Mr Scott Frederick PHILLIPS to be its attorney to exercise, subject to any conditions and limitations specified hereunder, the authority conferred on him by Section 163B of the Conveyancing Act, 1919, to do on the Council's behalf anything it may lawfully authorise an attorney to do:-
Conditions and Limitations
This attorney is limited to the execution of documents, dealings and instruments relating to the following matters:-
i) The creation (whether by acquisition or other means), disposal or extinguishment of an interest in land;
ii) The creation, disposal or extinguishment of a right, obligation or interest other than in land;
iii) Contracts for works, services and supply of goods.
C. Authority be granted for the Common Seal of Council to be affixed to the Power of Attorney.
D. Authority be granted to the General Manager to operate a credit card for official Council expenditure only.
E. Authority be granted for the Common Seal of Council to be affixed to the employment contract.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
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17 MM14/11 Retirement of Mr Robert Ball as Council's General Manager (F2011/01214) |
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RESOLVED ON THE MOTION OF COUNCILLOR Berman, seconded by COUNCILLOR McMurdo,
THAT Council sincerely thank Mr Robert Ball for his long and distinguished career in local government since 1964 and his outstanding service, dedication and loyalty to the Hornsby community since 1992; and wish Robert and his wife Jill a long and healthy retirement.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
Notices of Motion
Nil
SUPPLEMENTARY AGENDA
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 proposed traffic road safety measures at the intersection of Edgeworth David Avenue and Balmoral Street, Hornsby.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil
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18 MOU6/11 Edgeworth David Avenue - Proposed Traffic Road Safety Measures (F2004/09775 ) |
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RESOLVED ON THE MOTION OF COUNCILLOR HUTCHENCE, seconded by COUNCILLOR SMART,
That Council defer the installation of the no right turn restrictions at the intersection of Edgeworth David Avenue and Balmoral Street, Hornsby pending a 12 month trial to determine the effectiveness of an amended treatment consisting of:
1. Tree removal (completed),
2. Hedge trimming,
3. "Left turn only" signs and painted medians in Balmoral Street,
4. "Keep clear" markings in Edgeworth David Avenue.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
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RESOLVED ON THE MOTION OF COUNCILLOR MCMURDO, seconded by COUNCILLOR RUSSELL,
THAT Councillor McMurdo be permitted to raise a Matter of Urgency regarding the operation of the Brooklyn Sewage Treatment Plant.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil
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19 MOU 7/11 Brooklyn Sewage Treatment Plant - Nutrient Discharge Limits
(F2004/08681-01 ) |
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RESOLVED ON THE MOTION OF COUNCILLOR MCMURDO, seconded by COUNCILLOR RUSSELL,
THAT Council:
1. Write to all relevant Local, State and Federal Members of Parliament and relevant Councils strongly objecting to the proposal by Sydney Water to increase nutrient discharge limits into the Hawkesbury Estuary from the Brooklyn Sewage Treatment Plant.
2. Write to the Minister for Planning, the Hon. Brad Hazzard MP, and the Minister for the Environment, the Hon. Robyn Parker MP, requesting an urgent meeting to discuss Council’s strong objections.
3. Also write to Sydney Water calling upon the Corporation to find alternative ways of dealing with its stated problems with the Brooklyn Sewage Treatment Plant that do not involve increasing nutrients into the estuary or increasing the cost to residents.
FOR: Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil |
QUESTIONS WITHOUT NOTICE
Nil
THE MEETING terminated at 9.50pm.
These Minutes were confirmed at the meeting held on Wednesday, 16 November, 2011, at which meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
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