MINUTES OF Ordinary Meeting

 

Held at Council Chambers, HORNSBY

on Wednesday,  16 November, 2011

at 6.34pm

 

 

PRESENT

 

Councillors Berman (Chairman), Browne, Evans, Hutchence, Martin, McMurdo, Russell and Smart.

 

NOTE:       Councillor Evans arrived at the Meeting at 6.44pm during Items Passed by Exception/Call for Speakers on Agenda Items.  He was not present for Apologies/Leave of Absence, Presentations, Declarations of Interest and Confirmation of Minutes.

 

NATIONAL ANTHEM

 

OPENING PRAYER

 

Pastor James Sutherland from Thornleigh Community Baptist Church 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 RUSSELL, seconded by COUNCILLOR BROWNE,

 

THAT the apology and request for leave of absence from Councillors Chopra and Mills in respect of an inability to attend the Ordinary Meeting on 16 November, 2011 be accepted and leave of absence be granted.

 

FOR:               Councillors Berman, Browne, Hutchence, Martin, McMurdo, Russell and Smart

 

AGAINST:      NIL

 

presentations

 

The Mayor advised that Council was the winner of the Excellence in Research, Innovation, Policy and Education Award of the Stormwater Industry Association of New South Wales and presented the Certificate and Trophy to the Acting Executive Manager, Environment.

 

The Mayor advised that Council had been a finalist for the Environmental Innovation Award of the New South Wales Sustainability Green Globe Awards 2011 and presented the Certificate to the Acting Executive Manager, Environment.

 

declarations of interest

 

Nil

 

confirmation of minutes

 

RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Smart,

 

THAT the Minutes of the Ordinary Council Meeting held on Wednesday 19 October 2011 be confirmed, a copy having been distributed to all Councillors.

 

FOR:               Councillors Berman, Browne, Hutchence, Martin, McMurdo, Russell and Smart

 

AGAINST:      NIL

 

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 9, 10, 12, 18 and 22 were withdrawn for discussion.

 

RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Browne,

 

THAT the recommendations in respect of items 1, 2, 3, 4, 5, 6, 7, 8, 11, 13, 14, 15, 16, 17 and 19 be adopted.

 

FOR:               Councillors Berman, Browne, Evans, Hutchence, Martin, McMurdo, Russell and Smart

 

AGAINST:      NIL

 

NOTE:            Items 20 and 21 were 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

 

1                 GM22/11   September Quarterly Review Against the Delivery Program 2011-2015 and Operational Plan 2011/12

(F2010/00575)

RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Browne,

 

THAT:

 

1.      The September 2011 Quarterly Review of the Operational Plan (Budget) 2011/12 be received and noted.

 

2.      Council decline to amend the adopted fees and charges for 2011/12 including the fees for hire of cricket grounds.

 

FOR:               Councillors Berman, Browne, Evans, Hutchence, Martin, McMurdo, Russell and Smart

 

AGAINST:      NIL

 

2                 GM23/11   Hills Hawkesbury and Riverlands Tourism Partnership

(F2004/06532)

RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Browne,

 

THAT Council:

 

1.      Become a partner member of the Hills Hawkesbury and Riverlands Tourism organisation.

 

2.      Allocate $5,000 per annum from within existing budget allocations as a partnership contribution to the Hills Hawkesbury and Riverlands Tourism organisation.

 

3.      Review the partnership arrangement each year.

 

FOR:               Councillors Berman, Browne, Evans, Hutchence, Martin, McMurdo, Russell and Smart

 

AGAINST:      NIL

 

3                 GM24/11   Hornsby Shire Council's Annual Report 2010/11 to the Minister for Local Government

(F2004/07317)

RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Browne,

 

THAT the Hornsby Shire Council’s Annual Report 2010/11 be received and noted.      

 

FOR:               Councillors Berman, Browne, Evans, Hutchence, Martin, McMurdo, Russell and Smart

 

AGAINST:      NIL

 

Corporate and Community Division

 

4                 CC68/11    2011/12 Investments and Borrowings - Period Ending September 2011

(F2004/06987)

RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Browne,

 

THAT the contents of Executive Manager’s Report No. CC68/11 be received and noted.

 

FOR:               Councillors Berman, Browne, Evans, Hutchence, Martin, McMurdo, Russell and Smart

 

AGAINST:      NIL

 

5                 CC69/11    Conduct of Council's 2012 Local Government Election

(F2011/00019)

RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Browne,

 

THAT:

 

1.      The contents of Executive Manager’s Report No. CC69/11 be received and noted.

 

2.      Council note the NSW Premier’s response to the Presidents of the Local Government and Shires Associations about the issues raised at a meeting between the Premier and Presidents on 19 September 2011, and the views of the Associations as expressed in the Presidents’ letter to the Premier dated 4 November 2011.

 

3.      Council appoint the NSW Electoral Commission to run its 2012 elections, and advise the NSW Electoral Commissioner and the Chief Executive of the Division of Local Government of such decision by 30 November 2011.

 

4.      Following the 2012 election, to allow appropriate consideration to be made regarding who should conduct Council’s elections beyond 2012, Council officers review the process and evaluate the efficiency and cost effectiveness of the running of Council’s 2012 election and make comparisons with the outcomes of the election process where other councils chose to use a supplier other than the NSW Electoral Commission for their 2012 election.

 

FOR:               Councillors Berman, Browne, Evans, Hutchence, Martin, McMurdo, Russell and Smart

 

AGAINST:      NIL

 

6                 CC70/11    Financial Assistance Grant - 2011/12

(F2004/07229)

RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Browne,

 

THAT the contents of Executive Manager’s Report No. CC70/11 be received and noted.

 

FOR:               Councillors Berman, Browne, Evans, Hutchence, Martin, McMurdo, Russell and Smart

 

AGAINST:      NIL

 

7                 CC71/11    Local Government Association Conference 2011

(F2009/00787)

RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Browne,

 

THAT Council’s motions submitted to the 2011 Local Government Association Annual Conference, which are not already Association policy, be submitted directly to the relevant areas of Government, independent of any action which may be taken by the Executive of the Association.

 

FOR:               Councillors Berman, Browne, Evans, Hutchence, Martin, McMurdo, Russell and Smart

 

AGAINST:      NIL

 

Environment Division

 

8                 EN54/11    Catchments Remediation Rate (CRR) Annual Expenditure Report 2010/11

(F2005/00829-02)

RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Browne,

 

THAT the contents of Executive Manager’s Report No. EN54/11 be received and noted.

 

FOR:               Councillors Berman, Browne, Evans, Hutchence, Martin, McMurdo, Russell and Smart

 

AGAINST:      NIL

 

9                 EN55/11    Future of E-waste

                                                                                                                               (F2004/08803)

Mrs Marcia Horvai, on behalf of the Pennant Hills District Civic Trust, addressed Council regarding this item.

Mr Richard Boult, of Hornsby, addressed Council regarding this item.

 

RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Hutchence,

THAT:

1.             The current E-waste drop off service be replaced with a user pays E-waste drop off service until such time that the industry E-waste scheme commences.  This is subject to the outcomes of points 2 to 5 of this resolution.

2.             Council advertise the fees applicable for E-waste as outlined in Executive Manager’s Report No. EN55/11 for a period of 28 days in accordance with the Local Government Act 1993, section 610(f).

3.             At the conclusion of the exhibition period, a further report be presented to Council detailing the submissions received.  If there are no submissions received, the fees and charges are to be considered adopted with a commencement date of 1 March 2012.

4.             Once the fees have been adopted, commencing 1 March 2012, the no-charge service be discontinued and replaced with the adopted fees as outlined in Executive Manager’s Report No. EN55/11.

5.             Once the fees have been adopted, a public information strategy be implemented to inform residents of the changes to the E-waste service.

 

FOR:               Councillors Berman, Browne, Evans, Hutchence, Martin, McMurdo, Russell and Smart

 

AGAINST:      NIL

 

10               EN56/11    Application to Revoke Dangerous Dog Order

(F2006/00179-05)

Mr Alfonso Ruggero, of Hornsby Heights, addressed Council regarding this item.

 

RESOLVED ON THE MOTION OF COUNCILLOR Smart, seconded by COUNCILLOR Browne,

 

THAT consideration of Executive Manager’s Report No. EN56/11 be deferred until no later than the February 2012 Ordinary Meeting to allow the dog owner to obtain a behavioural assessment of the subject dog and provide this, and any other relevant information, to Council officers.

 

FOR:               Councillors Berman, Browne, Evans, Hutchence, Martin, McMurdo, Russell and Smart

 

AGAINST:      NIL

 

11               EN57/11    Application to Revoke The Dangerous Dog Orders on Two Dogs

(F2006/00179-05)

RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Browne,

 

THAT Council:

 

1.      Refuse the request to revoke the dangerous dog orders imposed on Frisky and Fiesty on 20 July 2004.

 

2.      Give notice to the owner that Council has refused to revoke the dangerous dog orders.

 

FOR:               Councillors Berman, Browne, Evans, Hutchence, Martin, McMurdo, Russell and Smart

 

AGAINST:      NIL

 

12               EN58/11    Climate Change Adaptation Plan

(F2007/01067)

RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Browne,

 

THAT consideration of Executive Manager’s Report No. EN58/11 be deferred to allow an Informal Briefing of Councillors in respect of the matter.

 

FOR:               Councillors Berman, Browne, Evans, Hutchence, Martin, McMurdo, Russell and Smart

 

AGAINST:      NIL

 

13               EN59/11    Catchments Remediation Rate Capital Works Program - Annual Report 2010/11

(F2005/00829-02)

RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Browne,

 

THAT the contents of Executive Manager’s Report No. EN59/11 be received and noted.

 

FOR:               Councillors Berman, Browne, Evans, Hutchence, Martin, McMurdo, Russell and Smart

 

AGAINST:      NIL

 

Planning Division

 

Nil

 

Works Division

 

14               WK60/11   Works Progress Report - September Quarter 2011 - Design and Construction Branch

(F2004/05959-02)

RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Browne,

 

THAT the contents of Executive Manager’s Report No. WK60/11 be received and noted.

 

FOR:               Councillors Berman, Browne, Evans, Hutchence, Martin, McMurdo, Russell and Smart

 

AGAINST:      NIL

 

15               WK64/11   Consideration of Submission Made in Response to Advertisement of the Proposal to Lease the Epping YMCA Centre in West Epping Park, West Epping to the YMCA for 21 years

(F2009/00832)

RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Browne,

 

THAT:

1.      The submission concerning the proposed lease to YMCA over the Epping YMCA Centre in West Epping Park, West Epping be acknowledged.

 

2.      Given that the submission referred to in point 1 does not militate against the issue of the lease, Council approve the granting of a lease.

 

3.      The terms of the lease be in accordance with point 5 of Council’s resolution in respect of Executive Manager’s Report No. EN32/11 on 24 August 2011.

 

4.      The General Manager be authorised to execute all associated documents under Power of Attorney or pursuant to this delegation.

 

5.      Council authorise the Execution under Seal, where necessary, of the registration of documents to record the lease on title and the removal of superseded notations.

 

FOR:               Councillors Berman, Browne, Evans, Hutchence, Martin, McMurdo, Russell and Smart

 

AGAINST:      NIL

 

16               WK65/11   Review of Suburb Boundary between West Pennant Hills and Beecroft

(F2011/00070)

RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Browne,

 

THAT:

 

1.      Council agree to alter the suburb boundary between West Pennant Hills and Beecroft as outlined within Executive Manager’s Report No. WK65/11.

 

2.      The necessary administrative actions be put in place with any objections received by the Geographical Names Board being considered by Council.

 

FOR:               Councillors Berman, Browne, Evans, Hutchence, Martin, McMurdo, Russell and Smart

 

AGAINST:      NIL

 

17               WK66/11   Works Progress Report - September Quarter 2011 - Assets Branch

(F2004/05959-02)

RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Browne,

 

THAT the contents of Executive Manager’s Report No. WK66/11 be received and the progress of the 2011/12 Assets Branch Programmes for the September 2011 quarter be noted.

 

FOR:               Councillors Berman, Browne, Evans, Hutchence, Martin, McMurdo, Russell and Smart

 

AGAINST:      NIL

 

18               WK67/11   Works Progress Report - September 2011 Quarter - Traffic and Road Safety Branch

(F2004/05959-02)

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 July 2011 to 30 September 2011 as outlined in Executive Manager’s Report No. WK67/11.

 

 

FOR:               Councillors Berman, Browne, Evans, Hutchence, Martin, McMurdo, Russell and Smart

 

AGAINST:      NIL

 

19               WK68/11   Council Owned Property - Johnson Road, Galston

(F2004/09437)

RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR Browne,

 

THAT Council:

 

1.      Note the potential returns available from the former Johnson Road Pony Club site at Galston and endorse the strategy to hold on to the property for at least the next three years.

2.      Agree in principle to allocating any revenue raised from a future sale of the Johnson Road site to recreational uses in Waitara and/or Old Mans Valley.

 

FOR:               Councillors Berman, Browne, Evans, Hutchence, Martin, McMurdo, Russell and Smart

 

AGAINST:      NIL

 

CONFIDENTIAL ITEMS

 

Nil

 

PUBLIC FORUM – NON AGENDA ITEMS

 

Nil

 

Questions of Which Notice Has Been Given

 

Nil

 

Mayor's Notes

 

20               MN10/11   Mayor's Notes from 1 to 30 September 2011

(F2004/07053)

Friday 2 September - The Mayor attended a meeting with The Hon. Victor Dominello, MP, Minister for Communities on behalf of the NSW Office of Veterans Affairs for the hand over of a cheque for the replacement of the Beecroft War Memorial Plaque.

 

Saturday 3 September  - The Mayor attended the Ku-ring-gai and District Soccer Association Inc. Cup and Shield Final Day.

 

Monday 5 September  - The Mayor attended the Rural Fire Services Cadet Graduation at Northholm Grammar School.

 

Monday 5 September  - The Mayoress, on behalf of the Mayor, attended the West Pennant Hills Sports Club Community Support Presentation Evening.

 

Tuesday 6 September  - The Mayor attended the Rotary Club of Beecroft’s Annual Senior’s and Retiree’s Luncheon at Pennant Hills Golf Club.

 

Friday 9 September  - The Mayor and Councillors McMurdo, Evans and Browne, hosted the Rural Fire Services Annual Dinner at Hornsby RSL Club.

 

Saturday 10 September  - The Mayor attended The Hills District Netball Association Grand Final Day Presentations at Pennant Hills Park.

 

Saturday 10 September  - The Mayor attended the St Patrick’s Catholic Primary School Fete at Asquith.

 

Sunday 11 September  - The Mayor attended The Jack and Jill Kindergarten Family Fun Day Picnic at Fagan Park.

 

Sunday 11 September  - The Mayor attended the IABBV Hindi School Hindi Divas Celebrations at Thornleigh West Public School.

 

Monday 12 September  - The Mayor attended the North Shore Learning Community of Catholic Schools Diocese of Broken Bay - Australian Arts Alive Festival at Waitara.

 

Thursday 15 September  - The Mayor attended the launch of the new low carbon, energy efficient Cogeneration System at Castle Hill RSL Club.

 

Friday 16 September  - The Mayor attended the Easy Care Gardening Annual General Meeting.

 

Saturday 17 September  - The Mayor officially opened the new Batting Tunnels at Oakleigh Oval.

 

Saturday 17 September  - The Mayor attended the official opening of Willoughby Council’s The Concourse at Chatswood.

 

Saturday 17 September  - The Mayor and Mayoress attended the Berowra Netball Club Presentation Evening.

 

Sunday 18 September  - The Mayor attended and officiated at the Bushland Shire Festival at Fagan Park.

 

Sunday 18 September  - The Mayor attended the St Mark’s Anglican Church Official Service of Thanksgiving and Opening of the new building at Berowra.

 

Wednesday 21 September  - The Mayor attended an update session for the North West Rail Link at the Information Centre Castle Hill.

 

Friday 23 September  - The Mayor attended the Northholm Grammar School Opening of The Stables Complex.

 

Saturday 24 September  - The Mayor attended the 1st Hornsby Heights Scout Group Queen Scout Presentation for Richard Hodge.

 

Monday 26 September  - The Mayor hosted three Citizenship Ceremonies at Council Chambers.

 

Tuesday 27 September - The Mayor was Guest Speaker at the Hornsby Branch of the Christian Democratic Party Meeting at Mt Colah Community Hall.

 

Thursday 29 September  - The Mayor and Councillor Browne, attended the Pennant Hills Neighbour Aid Inc 42nd Annual General Meeting.

 

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

 

21               MN11/11   Mayor's Notes from 1 to 31 October 2011

(F2004/07053)

Saturday 8 October  - The Mayor and Mayoress attended the Hornsby Model Engineers 38th Birthday Celebration Morning Tea at Galston.

 

Saturday 8 October  - The Mayor delivered the Opening Address at the Presentation of the Queens Scout Award to Stuart McManis of Normanhurst Scout Group.

 

Sunday 9 October  - The Mayor attended the St. John Ambulance Open Day and Official Opening of the new facility at Hornsby Heights.

 

Sunday 9 October  - The Mayor and Councillor Browne attended the Official Opening of the Wallarobba Arts and Cultural Centre in Hornsby.

 

Friday 14 October  - The Mayor attended the Presentation to the Winning Student of the 2011 NAIDOC Week Schools Initiative at Mt Kuring-gai Public School.

 

Saturday 15 October  - The Mayor officially opened the Berowra Christian Community School Bi-annual Pet Show.

 

Saturday 15 October  - The Mayor attended the 25th Anniversary of Mt Colah Neighbourhood Watch at Asquith Bowling Club.

 

Sunday 16 October  - The Mayor and Councillor Browne attended the Pennant Hills Baptist Church, new Church Opening Ceremony.

 

Monday 17 October  - The Mayor and Councillor Evans officiated at three Citizenship Ceremonies at Hornsby Council Chambers.

 

Tuesday 18 October  - The Mayor attended a lunch with the Dural Rotary Club.

 

Tuesday 18 October  - The Mayor attended a special meeting of The Shack Youth Outreach.

 

Tuesday 18 October - The Mayor and Councillors Browne and Hutchence attended a special meeting of the Epping Civic Trust Inc.

 

Wednesday 19 October  - The Mayor attended the Hornsby and Upper North Shore Advocate Celebration at Asquith Leagues Club.

 

Thursday 20 October  - The Mayor attended the ‘Turning of the Sod’ Ceremony at Mt Wilga Private Hospital.

 

Saturday 22 October  - The Mayor officially opened the 2011 Hornsby Shire Festival of the Arts at Hornsby Mall.

 

Saturday 22 October  - The Mayor attended the Linc Church Hornsby Service of Thanksgiving.

 

Saturday 22 October  - The Mayor attended the Cherrybrook Chinese Community Association Annual Cherrybrook Lantern Night at Greenway Park, Cherrybrook.

 

Saturday 22 October - The Mayor attended the Opening Ceremony of the 2011 Relay for Life Event at Rofe Park.

 

Sunday 23 October  - The Deputy Mayor, on behalf of the Mayor, attended the Closing Ceremony for the 2011 Relay for Life Event at Rofe Park

 

Friday 28 October  - The Mayor attended the 2011 Volunteer of the Year Hornsby Region Awards Ceremony at Willow Park Community Centre.

 

Friday 28 October  - The Mayor attended the Opening Night of ‘Land Marks’ Exhibition by Linda Baranov at the Wallarobba Arts and Cultural Centre.

 

Sunday 30 October  - The Mayor attended the Hornsby Kuring-gai District Tennis Association Tennis Marathon 2011.

 

Monday 31 October  - The Mayor and Councillor Browne attended the Beecroft Cheltenham Civic Trust Inc. Open Meeting at the Cheltenham Recreation 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

 

Mayoral Minutes

 

Nil

 

Notices of Motion

 

22               NOM13/11          Relocation of Country Women’s Association

(F2004/09431)

RESOLVED ON THE MOTION OF COUNCILLOR Smart, seconded by COUNCILLOR Hutchence,

 

THAT Notice of Motion No. NOM13/11 be withdrawn and not be further considered by Council.

 

FOR:               Councillors Berman, Browne, Evans, Hutchence, Martin, McMurdo, Russell and Smart

 

AGAINST:      NIL

 

Supplementary AGENDA

 

Nil

 

MATTERS OF URGENCY

 

Nil

 

QUESTIONS WITHOUT NOTICE

 

Nil

 

 

THE MEETING terminated at 7.25pm.

 

 

 

These Minutes were confirmed at the meeting held on Wednesday,  21 December, 2011, at which meeting the signature hereunder was subscribed.

 

 

 

CONFIRMED                                                                         CHAIRMAN

___________________________________________________________________________