MINUTES OF Ordinary Meeting
Held at Council Chambers, HORNSBY
on Wednesday, 21 December, 2011
at 6.42pm
PRESENT
Councillors Berman (Chairman), Browne, Chopra, Evans, Martin, Mills,
Russell and Smart.
NOTE: The Mayor, having declared a significant non-pecuniary
interest in Item 9, left the meeting for consideration of that Item. The
Deputy Mayor, Councillor Smart, assumed the chair for that Item.
NOTE: Councillor Russell arrived at the Meeting at 6.51pm during
Declarations of Interest. He was not present for Apologies/Leave of Absence.
NATIONAL ANTHEM
OPENING PRAYER
Karina Kreminski from Community Life Church, Cherrybrook 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 BROWNE, seconded by COUNCILLOR EVANS,
THAT the apology and request for
leave of absence from Councillors Hutchence and McMurdo in respect of an
inability to attend the Ordinary Meeting on 21 December, 2011 be accepted and
leave of absence be granted.
FOR:
Councillors Berman, Browne, Chopra, Evans, Martin, Mills and
Smart
AGAINST: NIL
presentations
The Mayor acknowledged Council’s receipt of the following awards:
Sustainable Cities 2011 - Biodiversity Conservation
- Runner up - Innovative Community Bushland and Biodiversity Conservation in
the Hornsby Shire.
Sustainable Cities 2011 - Heritage Conservation -
Runner up - Conservation of Natural, Built and Aboriginal Heritage including depression
era steps, Bar Island works, Wisemans Ferry cemetery and Wallarobba Arts and
Cultural Centre.
Clean Beaches 2011 - Young Legends Award - Sydney
Region Winner; and Highly Commended in NSW - Bar Island - recognising its
importance for sport and recreation, kayak tours by school and adventure
groups, Green Corps teams working to restore its bushland and visits
by young indigenous people.
Clean Beaches 2011 - Friendly Beach Award - Sydney Region Winner - Bar Island - in recognition of Council building the new
jetty to create access for young and old to the island and cemetery, and
support by heritage, indigenous and other community members.
declarations of interest
COUNCILLOR BERMAN declared a significant non-pecuniary
interest in Item 9 – EN62/11
Lease of Tennis Court Centres Various Locations in Hornsby
Shire. Refer to that Item for details.
confirmation of
minutes
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RESOLVED
ON THE MOTION OF COUNCILLOR Browne,
seconded by COUNCILLOR Evans,
THAT the Minutes of the Ordinary Council
Meeting held on Wednesday 16 November 2011 be confirmed, a copy having been
distributed to all Councillors.
FOR: Councillors Berman, Browne, Chopra, Evans,
Martin, Mills, Russell and Smart
AGAINST: NIL
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petitionS
COUNCILLOR BERMAN tabled a
petition containing approximately 673 signatures requesting Council to
reconsider their plans to demolish the Women’s Rest Centre in Hornsby Park.
COUNCILLOR BERMAN tabled
a petition containing approximately 453 signatures requesting Council to
reconsider the proposal to replace the Westleigh Tennis Club as the managers of
the Ruddock Park, Westleigh tennis courts with a commercial operator.
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, 5, 6, 7, 9 and 15
were withdrawn for discussion.
RESOLVED ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Browne,
THAT the recommendations in
respect of items 1, 2, 4, 8, 10, 11, 12, 13, 14 and 16 be adopted.
FOR: Councillors
Berman, Browne, Chopra, Evans, Martin, 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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1 CC72/11 Outstanding
Council Resolutions - Period Until 31 August 2011
(F2005/00112)
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Browne,
THAT the contents of Executive
Manager’s Report No. CC72/11 be received and noted.
FOR: Councillors Berman, Browne, Chopra, Evans,
Martin, Mills, Russell and Smart
AGAINST: NIL
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2 CC73/11 2011/12
Investments and Borrowings - Period Ending October 2011
(F2004/06987)
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Browne,
THAT the contents of the
Executive Manager’s Report No. CC73/11 be received and noted.
FOR: Councillors Berman, Browne, Chopra, Evans,
Martin, Mills, Russell and Smart
AGAINST: NIL
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3 CC74/11 Code
of Meeting Practice - Proposed Amendment in Respect of the Schedule of
Council Meetings - April to October 2012
(F2004/07032)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Martin,
THAT:
1. The contents
of Executive Manager’s Report No. CC74/11 be received and noted.
2. The draft amended
Code of Meeting Practice attached to Executive Manager’s Report No. CC74/11
be placed on public exhibition from Tuesday 24 January 2012 to Monday 20
February 2012, and submissions in respect of the draft Code be received up
until Monday 5 March 2012.
3. A further
report be prepared for Council’s consideration at the 21 March 2012 Ordinary
Meeting which deals with any submissions received and makes appropriate
recommendations in respect of the adoption of a new Code.
4. The report
referred to in 3. above also include discussion about the opportunity of
creating a greater period of time between when the business paper for a
meeting is published and the holding of the meeting.
FOR:
Councillors Berman, Browne, Chopra, Evans, Martin, Mills,
Russell and Smart
AGAINST: NIL
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4 CC75/11 Roselea
Community Centre - Proposed Redevelopment
(F2011/00633)
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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. CC75/11 be received and noted.
2. Council amend Option 5B as detailed in Executive Manager’s
Report No. CC60/11 to now include a simplified eastern deck roof as designed
in Option 5B (minus vergola and awning but including cupboards); and a
western verandah and roof as designed (including cupboards). This amended
option is to be referred to as Option 6A.
3. Tenders be called for in respect of Option 6A, seeking
separate prices for Stage 1 and Stage 2 of the construction.
4. Prior to agreeing to Stage 2 of the Project and determining
a funding source for the work, Council consider a business case that supports
the commitment of additional expenditure.
FOR: Councillors Berman, Browne, Chopra, Evans,
Martin, Mills, Russell and Smart
AGAINST: NIL
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5 CC76/11 Community
and Cultural Facilities - Management Committee Annual General Meetings 2011
(F2004/05947)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Smart,
THAT:
1. The contents of Executive Manager’s Report No. CC76/11 be
received and noted.
2. Council note the feedback provided by the former Epping and
Pennant Hills Community Centre Management Committees and their acceptance to
continuing in the Advisory Committee Model of Management for these centres.
3. Council note the additional staffing support that has been
provided to Committees to assist them in meeting their inspection and
reporting requirements during the review period.
4. Council require those Committees that have failed to submit
required information as per the Finance and Procedures Manual in the period
January 2011 to October 2011 (i.e. Cherrybrook, Glenorie and Mt Kuring-gai)
to show cause by 29 February 2012 as to why Council should not resume
management of those centres.
5. In respect of 4 above, should a request be received for a meeting
between staff and representatives of the affected Section 377 Community Centre
Management Committees, the meeting be arranged as soon as possible and allow
for all Councillors to be invited to attend if they so wish.
6. A further report be provided for Council’s consideration at
the 18 April 2012 Ordinary Meeting which details the responses from the
Committees nominated in 4. above and makes a recommendation on the way
forward.
FOR: Councillors Berman, Browne, Chopra, Evans,
Martin, Mills, Russell and Smart
AGAINST: NIL
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6 CC77/11 Future
Use of 179 Beecroft Road, Cheltenham - Consideration Of Epping RSL Golden
Kangaroos Revised Proposal and An Offer To Buy The Property From A Third
Party
(F2004/09440)
An attachment to
Executive Manager’s Report No. CC77/11 is confidential, under Section 10A (2) (c) of the Local Government Act, 1993.
This attachment contains information that would, if disclosed, confer a
commercial advantage on a person with whom the council is conducting (or
proposes to conduct) business.
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Mr Warwick Edwards, on behalf of Golden Kangaroos (Hornsby
Concert Band) Inc, addressed Council regarding this item.
Ms Felicity Findlay, of Cheltenham, addressed Council regarding this item.
Mr Hany Saleeb, on behalf of the
Coptic Orthodox Church, addressed Council regarding this item.
Mr Stephen O’Doherty, on behalf
of Golden Kangaroos (Hornsby Concert Band) Inc, addressed Council regarding
this item.
RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Mills,
THAT consideration of this
matter be deferred to later in the meeting to allow for the confidential
attachment to Executive Managers Report No. CC77/11 to be discussed in
Confidential Session.
FOR:
Councillors Berman, Browne, Chopra, Evans, Martin, Mills,
Russell and Smart
AGAINST: NIL
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__________________________________________________
RESOLVED ON THE MOTION OF COUNCILLOR BROWNE,
seconded by COUNCILLOR EVANS,
THAT:
1. The contents of Executive Manager’s Report No. CC67/11 be
received and noted.
2. Council delegate authority to the General Manager to enter
into a lease of 179 Beecroft Road, Cheltenham with the Epping RSL Golden
Kangaroos on the following basis:
o
Period of Lease – two years with three one year options at
Council’s discretion.
o
Use of Property – musical tuition, rehearsal, audition centre and
for meetings associated with the Golden Kangaroos.
o
Rental as per Code – $19,503 per annum inclusive of GST -
comprised of $9,751 per annum in cash and the balance via in kind contributions
as determined to be mutually agreeable by staff and the Epping RSL Golden
Kangaroos.
o
Rental Review – Annual CPI adjustments.
o
Statutory Outgoings – 50% payment of any Council and
water/sewerage rates.
o
Operating Costs – 100% of electricity, gas, telephone, water
usage, etc.
o
Insurance – Public liability insurance, indemnity $20 million.
o
Legal Fees – 50% of lease preparation costs.
o
Maintenance as per Code – Responsible
for repairs and maintenance of the premises as shown in the “Discounted Market
Rent” Category of the Code.
3. A further report be prepared for Council’s consideration in
early 2012 outlining a property strategy for 179 Beecroft Road, Cheltenham and
discussing the reinvestment of a proportion of the proceeds from its sale (if
it eventuates) into the construction of a new facility that has the capacity to
be shared by the Golden Kangaroos and other community groups.
4. Asset maintenance for the property at 179 Beecroft Road, Cheltenham be managed over the forthcoming two years in the knowledge that the property may
be disposed of within this period. Funding for this asset management work
should be derived from the cash rental paid by the Epping RSL Golden Kangaroos
in the first instance and then from the income derived from the leasing of the
former Westleigh Nursery and Preschool.
5. Any “non transferrable” maintenance undertaken on the property
at 179 Beecroft Road, Cheltenham during the lease period which is outside of
that required by the Code or agreed to by officers as an in kind contribution
to lease payments, be treated as a capital contribution to any future building
leased to the Epping RSL Golden Kangaroos
6. The asbestos shed at 179 Beecroft Road, Cheltenham be removed
at the earliest possible time, with funding for the removal of the shed (estimated
to be $25,000) to be considered at the next available quarterly budget review.
FOR: Councillors Berman, Browne,
Chopra, Evans, Martin, Mills, Russell and Smart
AGAINST: NIL
Environment Division
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7 EN60/11 Dog
Off Leash Areas in C Ward
(F2004/09005)
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Ms Felicity Findlay, of Cheltenham, addressed Council regarding this item.
Mr Walter Bough, of Cheltenham, addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR Martin, seconded by COUNCILLOR Russell,
THAT Council:
1. Prepare a Review of Environmental Factors (REF) for the
development of a local or secondary dog off-leash area (DOA) in respect of
the whole of the Lyne Road Reserve, Cheltenham and place the REF on public
exhibition.
2. Review the budget with a view to determining an allocation
of funds up to $25,000 for the establishment of a secondary or local DOA at
Lyne Road Reserve from any savings that can be gained from completed or
advanced projects within the Parks Capital Works Program for 2011/12.
FOR: Councillors Berman, Browne, Chopra, Evans,
Martin, Mills, Russell and Smart
AGAINST: NIL
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8 EN61/11 Amended
Bushcode Document
(F2009/00644)
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Browne,
THAT Council adopt the proposed
amendments to Environment Division policies and codes as outlined in
Executive Manager’s Report No. EN61/11.
FOR:
Councillors Berman, Browne, Chopra, Evans, Martin, Mills,
Russell and Smart
AGAINST: NIL
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9 EN62/11 Lease
of Tennis Court Centres Various Locations in Hornsby Shire
(F2011/01086)
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Ms Alison Johnston, on behalf of Westleigh
Tennis Club Inc, addressed Council regarding this item.
Mr Malcolm Pooley, on behalf of
Westleigh Tennis Club Inc, addressed Council regarding this item.
Mr Geoff Young, of Normanhurst,
addressed Council regarding this item.
Mr Marc Donnelly, on behalf of
Hornsby Kuring-gai District Tennis Association, addressed Council regarding
this item.
Mr Tony McClelland, of
Meadowbank, addressed Council regarding this item.
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 parties interested in this matter were known
to me”. 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 9, the Deputy Mayor assumed
the Chair for consideration of the Item.
RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Browne,
THAT:
1. Council accept the tender from the Beecroft Lawn Tennis Club
Inc for Beecroft Village Green, Beecroft for a period of ten years at 30% of
court hire.
2. Council accept the tender from Hornsby Kuring-gai District
Tennis Association for Boundary Road, Berowra for a period of ten years at
30% of court hire.
3. Council accept the tender from Hornsby Kuring-gai District
Tennis Association for Mills Park, Asquith for a period of ten years at 30%
of court hire.
4. Council accept the tender from Eastwood Thornleigh District
Tennis Association for Pennant Hills Park, Pennant Hills for a period of ten
years at 30% of court hire.
5. Council give delegation to the General Manager to negotiate
with the North Epping Rangers Sports Club Inc for North Epping Oval,
North Epping and the YMCA of Sydney for West Epping Park, West Epping, with a
view to entering into contracts for the operation of the respective tennis
centres.
6. Council decline to invite fresh tenders for North Epping
Oval and West Epping Park Tennis Centres as only one tender was received for
each centre and it is unlikely that any additional tenders would be received
if fresh tenders were called. The current operators, North Epping Rangers
Club and The YMCA of Sydney respectively, are considered to have the
experience and to have provided sufficient information to give rise to
confidence that they can meet the requirements of the tender invitation.
7. The tenders for Ruddock Park, Westleigh and Waitara Oval,
Waitara be the subject of discussion at an informal briefing session prior to
further formal consideration by Council.
FOR: Councillors
Browne, Chopra, Evans, Martin, Mills, Russell and Smart
AGAINST: NIL
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10 EN63/11 Climate Change
Adaptation Plan
(F2007/01067)
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Browne,
THAT:
1. The contents of Executive Managers Report No. EN63/11 be
received and noted.
2. Council endorse the priority actions included in Tables 1
and 2 of the Report.
3. Council endorse the priority actions included in Table 3 of
the Report subject to receiving grant funding.
4. Council monitor the priority actions included in Table 4 of
the Report for consideration for future grant opportunities and when
developing future budgets.
FOR: Councillors Berman, Browne, Chopra, Evans,
Martin, Mills, Russell and Smart
AGAINST: NIL
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11 EN64/11 Water
Quality Monitoring Program - Annual Report 2010/11
(F2004/06708)
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Browne,
THAT the contents of Executive
Manager’s Report No. EN64/11 be received and noted and the Water Quality
Monitoring Program 2010/11 Annual Report be adopted.
FOR: Councillors Berman, Browne, Chopra, Evans,
Martin, Mills, Russell and Smart
AGAINST: NIL
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12 EN65/11 Sustainable
Total Water Cycle Management Strategy - 2011
(F2004/09005)
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Browne,
THAT the contents of Executive
Manager’s Report No. EN65/11 be received and noted.
FOR: Councillors Berman, Browne, Chopra, Evans,
Martin, Mills, Russell and Smart
AGAINST: NIL
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Planning Division
Nil
Works Division
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13 WK72/11 Tender
T17/2011: Patching of Road Pavements in Full Depth Asphalt
(F2011/01241)
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Browne,
THAT Council accept the tender
of J & G Excavations and Asphalting (NSW) Pty Ltd for all work under
Tender No. T17/2011: Patching of Road Pavements in Full Depth Asphalt.
FOR: Councillors Berman, Browne, Chopra, Evans,
Martin, Mills, Russell and Smart
AGAINST: NIL
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14 WK73/11 Expression
of Interest - EOI 16/2011 Construction of Hornsby Aquatic Centre
(F2011/01307)
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Browne,
THAT:
1. Council invite A W Edwards
Pty Ltd, ADCO Constructions Pty Ltd, Reed Constructions Australia Pty Ltd,
Broad Construction Services, Lipman Pty Ltd and Paynter Dixon Constructions
Pty Ltd to tender for the construction of Hornsby Aquatic Centre.
2. The result of the tender be
reported back to Council.
FOR: Councillors Berman, Browne, Chopra, Evans, Martin,
Mills, Russell and Smart
AGAINST: NIL
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15 WK74/11 Addition
to Fees and Charges 2011/12
(F2010/00460-02)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Evans,
THAT Council:
1. Approve an amendment to the 2012/13 Fees and Charges by the
addition of a provision for a 50% fee discount to the category “Display
Stalls with Handbills / Giveaways / Pamphleteers” under “Commercial Usage”,
for activities involving commercially operated and/or sponsored charity
fundraising activities in the Hornsby Mall, as identified in option 2 within
Executive Manager’s Report No. WK74/11.
2. Approve a 50% refund, subject to proof of donation, of the
display fee charged in 2011/12 to the operator referred to in Executive
Manager’s Report No. WK74/11.
FOR: Councillors Berman, Browne, Chopra, Evans,
Martin, Mills, Russell and Smart
AGAINST: NIL
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CONFIDENTIAL ITEMS
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RESOLVED ON THE MOTION OF COUNCILLOR MARTIN,
seconded by COUNCILLOR BROWNE,
THAT Council move in to Confidential Session
to allow discussion of the confidential attachment to Executive Manager’s
Report No. CC77/11
(See Item 6 in these minutes).
FOR: Councillors Berman, Browne, Chopra, Evans,
Martin, Mills, Russell and Smart
AGAINST: nil
RESOLVED ON THE MOTION OF COUNCILLOR EVANS,
seconded by COUNCILLOR BROWNE,
THAT Council move out of
Confidential Session.
FOR: Councillors Berman, Browne, Chopra, Evans,
Martin, Mills, Russell and Smart
AGAINST: NIL
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PUBLIC FORUM – NON AGENDA ITEMS
Nil
Questions of Which Notice Has Been Given
Nil
Mayor's Notes
Nil
Mayoral Minutes
Nil
Notices of Motion
Nil
Supplementary AGENDA
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16 EN67/11 Draft
Plan of Management Old Mans Valley
(F2004/07932)
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RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Browne,
THAT:
1. In response to public comments received, the Parks and
Landscape Team amend the draft plan of management for Old Mans Valley for re-exhibition and a further public hearing.
2. Following all further exhibition and public hearing
processes, a report on the draft plan of management be prepared for Council’s
consideration.
FOR: Councillors Berman, Browne, Chopra, Evans,
Martin, Mills, Russell and Smart
AGAINST: NIL
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MATTERS OF URGENCY
Nil
QUESTIONS WITHOUT NOTICE
Nil
THE MEETING terminated
at 8.59pm.
These Minutes
were confirmed at the meeting held on Wednesday, 15 February, 2012, at which
meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
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