MINUTES OF GENERAL Meeting

 

Held at Council Chambers, HORNSBY

on Wednesday,  18 April, 2012

at 6:33 pm

 

 

PRESENT

 

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

 

NATIONAL ANTHEM

 

OPENING PRAYER

 

The Mayor 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

 

POLITICAL DONATIONS DISCLOSURE 

 

Statement by the Chairman:

 

“In accordance with Section 147 of the Environmental Planning and Assessment Act 1979, any person or organisation who has made a relevant planning application or a submission in respect of a relevant planning application which is on tonight’s agenda, and who has made a reportable political donation or gift to a Councillor or employee of the Council, must make a Political Donations Disclosure Statement.

 

If a Councillor or employee has received a reportable political donation or gift from a person or organisation who has made a relevant planning application or a submission in respect of a relevant planning application which is on tonight’s agenda, they must declare a non-pecuniary conflict of interests to the meeting, disclose the nature of the interest and manage the conflict of interests in accordance with Council’s Code of Conduct.”

 

presentations

 

Nil

 

declarations of interest

 

During discussion of Item 1, COUNCILLOR EVANS declared a less than significant non-pecuniary interest in Item 1 - MM4/12 Beecroft-Cheltenham District Civic Trust - Annual General Meeting.  Refer to that Item for details.

 

COUNCILLOR MCMURDO declared a less than significant non-pecuniary interest in Item 13 - PLN22/12 Development Application - Erection of a Studio Ancillary to a Dwelling -house 22 Grantham Crescent, Dangar Island.  Refer to that Item for details.

 

confirmation of minutes

 

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

 

THAT the Minutes of the Ordinary Council Meeting held on Wednesday 21 March 2012 be confirmed, a copy having been distributed to all Councillors.

 

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

 

AGAINST:      Nil

___________________________________________

 

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

 

THAT the Minutes of the Planning Council Meeting held on 7 March, 2012 be confirmed; a copy having been distributed to all Councillors.

 

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

 

AGAINST:      Nil

___________________________________________

 

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

 

THAT the Minutes of the Workshop Council Meeting held on 14 March, 2012 be confirmed; a copy having been distributed to all Councillors.

 

FOR:               Councillors Berman, Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills, 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 1, 2, 5, 7, 8, 11, 12, 14, 15, 16, 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 3, 4, 6, 9, 10, 13 and 18 be adopted.

 

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

 

AGAINST:      Nil

 

For the sake of clarity, the above items are recorded in Agenda sequence.

 

NOTE:        Persons wishing to address Council on matters which were on the Agenda were permitted to speak, prior to the item being discussed, and their names are recorded in the Minutes in respect of that particular item.

 

GENERAL BUSINESS

 

General Manager's Division

 

Nil

 

Corporate and Community Division

 

2                 CC12/12    Section 377 Community Centre Management Committees - Reporting Compliance Issues - Cherrybrook, Glenorie and Mt Kuring-gai

(F2004/05947)

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

 

THAT:

 

1.       The contents of Executive Manager’s Report No. CC12/12 be received and noted.

 

2.       Subject to the implementation of the agreed changes to their administration practices, the Cherrybrook, Glenorie and Mount Kuring-gai Community Centre Management Committees be allowed to continue to manage their Centres.

 

3.       Council staff work with the Cherrybrook Community Centre Management Committee to develop and implement a business plan to improve the financial sustainability of this Centre.

 

4.       Council staff work with the Glenorie Community Centre Management Committee to improve utilisation of this Centre over the next two years, and if necessary following that period to consider the future use of the asset.

 

5.       Council note the amended communication practices to be implemented by Council staff when compliance issues arise with Management Committees.

 

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

 

AGAINST:      Nil

 

3                 CC14/12    Loan Raising - 2011/12 Budget

(F2004/06995)

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

 

THAT:

 

1.         Council approve the raising by June 2012 of a loan from external sources for an amount of $1 million.

 

2.         The General Manager be authorised to accept the best quote offered for such loan funds; to complete the necessary documentation relating to the loan; and to advise Councillors of the outcome.

  

3.         If required, the Common Seal of Council be affixed to the loan documentation between Council and the successful Bank for the $1 million loan referred to in Report No. CC14/12.

 

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

 

AGAINST:      Nil

 

4                 CC15/12    Investments and Borrowings for 2011/12 - Status for Period Ending 29 February 2012

(F2004/06987)

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

 

THAT the contents of Executive Manager’s Report No. CC15/12 be received and noted.

 

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

 

AGAINST:      Nil

 

5                 CC16/12    Draft Operational Plan for 2012/13 - Includes Budget, Fees Charges and Rating Structure - Adoption of Draft for Public Exhibition

(F2011/01357)

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

 

THAT:

 

1.         The contents of Executive Manager’s Report No. CC16/12 and Late Items Memo No. LM4/12 be received and noted.

 

2.         In line with the Independent Pricing and Regulatory Tribunal (IPART) publication “Existing special variations and the carbon price advance and withdrawals”, Council make application to IPART to increase its special rate variation percentage increase for 2012/13 by 0.4% from 6.0% to 6.4%.

 

3.         Council note that IPART’s approval of the application referred to in 2 above will ensure that Council is treated in the same manner as all other councils across NSW in respect of receiving an allowance in its rate increase for 2012/13 to cover the expected impact of the introduction of a carbon price from 1 July 2012.

 

4.         Subject to the inclusion of relevant amendments to financial information as a consequence of the application referred to in 2 above, Council adopt for public exhibition and make available for public comment from 19 April to 18 May 2012, the documents attached to Executive Manager’s Report No. CC16/12 (i.e. the draft Operational Plan for 2012/13 which includes the draft Budget, Fees and Charges and Rating Structure).

 

5.         Council note that the rating information contained in the draft Operational Plan for 2012/13 will be based on IPART’s approval of a 6.4% special rate variation increase for Council for 2012/13.

 

6.         Following the public exhibition period, and before 30 June 2012, a further report be prepared for Council’s consideration which provides details of any submissions received and recommends the adoption of a final Operational Plan for 2012/13 which includes the Budget, Fees and Charges and Rating Structure.

 

7.         Council’s rate notices for 2012/13 incorporate a statement which describes the estimated cost impact on the Council and its ratepayers of the introduction of a carbon tax from 1 July 2012.

 

FOR:               Councillors Berman, Browne, Chopra, Evans, Hutchence, Russell and Smart

 

AGAINST:      Councillors Martin, McMurdo and Mills

 

6                 CC18/12    Pecuniary Interest and Other Matters Returns - Disclosures by Councillors and Designated Persons

(F2011/00977)

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

 

THAT Council note the Disclosure of Pecuniary Interests and Other Matters Returns recently lodged with the General Manager have been tabled as required by the Local Government Act.

 

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

 

AGAINST:      Nil

 

Environment Division

 

7                 EN17/12    Climate Action Network Australia - Annual Conference Request for Support

(F2004/08773)

RESOLVED ON THE MOTION OF COUNCILLOR Martin, seconded by COUNCILLOR McMurdo,

 

THAT:

 

1.       Council decline the request to provide financial or material support for the Climate Action Network Australia annual conference.

 

2.       Council staff formulate a draft policy to promote conferences being held in Hornsby Shire, recognising that these events generate economic activity for local small business.  The draft policy be the subject of an informal briefing session to be held within the next two months

 

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

 

AGAINST:      Nil

 

8                 EN18/12    Future of E-waste Update

(F2004/08803)

RESOLVED ON THE MOTION OF COUNCILLOR Martin, seconded by COUNCILLOR McMurdo,

 

THAT:

 

1.         Council continue the free E-waste recycling service at the Thornleigh Council depot until 30 June 2012.

 

2.         Council advertise that the free E-waste recycling service will continue until 30 June 2012.

 

3.         Industry E-waste drop off locations be included on Council’s web page as they become available.

 

4.         Council continue to progress discussions with Co-Regulators related to what Council’s role in the National Television and Computer Recycling Scheme might be.

 

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

 

AGAINST:      Nil

 

9                 EN19/12    Catchments Remediation Rate (CRR) Expenditure Progress Report 2011/12

(F2005/00829-02)

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

 

THAT the contents of Executive Manager’s Report No. EN19/12 be received and noted.

 

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

 

AGAINST:      Nil

 

10               EN20/12    Adoption of Draft Sustainable Water Based Recreation Facilities Plan

(F2009/00566)

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

 

THAT Council adopt the Draft Sustainable Water Based Recreation Facilities Plan attached to Executive Manager’s Report No. EN20/12

 

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

 

AGAINST:      Nil

 

11               EN22/12    Request to Remove Tree at 42 Cowan Road, Mount Colah

(TA/505/2011)

Mrs Anne Hornshaw, of Mount Colah, addressed Council regarding this item.

 

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

 

THAT subject to the applicant entering into an agreement with Council to replant two locally indigenous trees with a mature height of greater than 10 metres, Council grant consent to the removal of one Eucalyptus saligna (Sydney Blue Gum), located in the rear yard of 42 Cowan Road, Mount Colah.

 

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

 

AGAINST:      Councillors Chopra, Martin, McMurdo and Mills

 

12               EN23/12    Electricity Prices

(F2004/09944-02)

RESOLVED ON THE MOTION OF COUNCILLOR McMurdo, seconded by COUNCILLOR Martin,

 

THAT:

 

1.       Council promote IPART’s ‘Energy Comparison Calculator’ to residents through the local media, Council’s website and via Council’s electronic mailing list.

 

2.       In association with NSROC, Council investigate opportunities to develop local, decentralised, renewable energy production systems to reduce the cost of electricity to councils. The investigation should include an exploration of opportunities for regional funding of such facilities.

 

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

 

AGAINST:      Nil

 

Planning Division

 

13               PLN22/12  Development Application - Erection of a Studio Ancillary to a Dwelling-house 22 - Grantham Crescent, Dangar Island

(DA/1419/2011)

NOTE:  COUNCILLOR MCMURDO declared a less than significant non-pecuniary interest in this item under Clause 51A of Council's Code of Meeting Practice (see Declarations of Interest in these Minutes).  The nature of interest was stated by COUNCILLOR MCMURDO on the Declaration of Interest form as: “Applicants are known to meand the explanation of why the interest does not require further action in the circumstances was “The applicants are not close personal friends and I have no connection other than they are residents of the island on which I live”.

 

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

 

THAT Council assume the concurrence of the Director-General of the Department of Planning and Infrastructure pursuant to State Environmental Planning Policy No. 1 and approve Development Application No. 1419/2011 for the erection of a studio ancillary to a dwelling-house at Lot 58 DP 10902, No. 22 Grantham Crescent, Dangar Island subject to the conditions of consent detailed in Schedule 1 of Executive Manager’s Report No. PLN22/12

 

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

 

AGAINST:      Nil

 

14               PLN26/12  Development Application - Advertising Signs 236 Pacific Highway, Hornsby

(DA/880/2011)

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

 

THAT Development Application No. 880/2011 for the erection of three advertising signs at lot 1 DP 1037552, No. 236 Pacific Highway, Hornsby (Westfield Hornsby) be approved subject to the conditions of consent detailed in Schedule 1 of the Executive Manager’s Report No. PLN26/12, as amended by the following requirements:

 

(a)     Modify Condition No. 10(b)  to read:

 

          10.     Advertising Signs

 

                    b.      The content of the signs shall not be changed more frequently than once within any one week period.

 

(b)     Modify Condition No. 12  to read:

          12.     Sign Content

                   a.       The content of the approved advertising signs must be in accordance with the RTA Road Safety Advisory Guidelines For Sign Content as contained within the NSW Department Of Planning and Infrastructure’s Transport Corridor Outdoor Advertising And Signage Guidelines Assessing Development Applications Under SEPP 64, July 2007.

                    b.      The contents of the signs shall not contain sexually explicit or offensive messages or images, or include contents which in the opinion of Council is inconsistent with community values or expectations.  Upon the direction of Council, any offending signage content shall be removed within seven days.

                    c.      The contents of the signs shall not contain messages or images which promote the consumption or purchase of liquor.

 

FOR:               Councillors Berman, Browne, Chopra, Evans, Hutchence, Mills, Russell and Smart

 

AGAINST:      Councillors Martin and McMurdo

 

15               PLN29/12  Strategic Planning Programme Review 2012

(F2004/10086)

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

 

THAT the 2012/13 Strategic Planning Programme attached to Executive Manager's Report No. PLN29/12 be adopted subject to the inclusion of community consultation concerning a review of minimum allotment sizes in the Galston and Glenorie areas to be progressed commencing in July 2013.

 

FOR:               Councillors Berman, Browne, Chopra, Evans, Hutchence, Russell and Smart

 

AGAINST:      Councillors Martin, McMurdo and Mills

 

Works Division

 

16               WK4/12     Review of Policies and Codes- Lease/Licence of Council Land and Buildings

(F2011/00034)

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

 

THAT Council:

 

1.         Adopt the new Land - Lease/Licence by Council Policy attached to Executive Manager’s Report No. WK4/12.

 

2.         Grant delegated authority to the General Manager to grant leases or licences of Council owned real property and to execute relevant documentation consistent with the amended Land - Lease/Licence by Council Policy attached to Executive Manager’s Report No. WK4/12.

 

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

 

AGAINST:      Nil

 

17               WK15/12   "Wellum Bulla" - Hornsby Shire Council Materials Handling Facility Monitoring Committee

(F2004/09261-02)

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

 

THAT:

 

1.         Council invite Expressions of Interest for community representative vacant position(s) on the Monitoring Committee through advertising media.

 

2.         Council note the remedial actions regarding the Monitoring Report, Site and Environmental Management Plan Audit (February 2012) for the facility as detailed in Executive Manager’s Report No. WK15/12.

 

3.         Council note the Minutes of Meeting No. 1/12 of “Wellum Bulla” – Hornsby Shire Council Materials Handling Facility Monitoring Committee held on 16 February 2012 and attached to Executive Manager’s Report No. WK15/12.

4.         The Acting Executive Manager Works investigate the possibility of holding two meetings per year of the Wellum Bulla Materials Handling Facility Monitoring Committee.

 

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

 

AGAINST:      Nil

 

18               WK16/12   Tender T19/2011:  Plumbing Services

(F2012/00007)

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

 

THAT Council accept tenders for Tender No T19/2012:  Plumbing Services, as follows:

 

Work category 

First preference

Second preference

Parks (all plumbing works in parks and tennis courts except buildings)

 

T J Mathews Plumbing Services Pty Ltd

Dolphin Plumbing

Building (all plumbing works in buildings throughout the Shire including amenity buildings in parks and day to day maintenance works in aquatic centres)

Dolphin Plumbing

T J Mathews Plumbing Services Pty Ltd

Roads and drainage (all plumbing works associated with roads and drainage construction and maintenance)

T J Mathews Plumbing Services Pty Ltd

Dolphin Plumbing

Berowra Waters Water Supply (all plumbing works associated with Berowra Waters Water Supply Scheme)

Dolphin Plumbing

T J Mathews Plumbing Services Pty Ltd

 

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

 

AGAINST:      Nil

 

CONFIDENTIAL ITEMS

 

Nil

 

 PUBLIC FORUM – NON AGENDA ITEMS

 

Nil

 

Questions of Which Notice Has Been Given

 

Nil

  

MAYORAL NOTES

 

Nil

 

Mayoral Minutes

 

1                 MM4/12    Beecroft-Cheltenham District Civic Trust - Annual General Meeting

(F2004/07053)

NOTE:  During discussion of this item COUNCILLOR EVANS declared a less than significant non-pecuniary interest in this item under Clause 51A of Council's Code of Meeting Practice (see Declarations of Interest in these Minutes).  The nature of interest was stated by COUNCILLOR EVANS on the Declaration of Interest form as: “To Mayoral Minute re Beecroft District Civic Trustand the explanation of why the interest does not require further action in the circumstances was “I am not associated with the Trust but I do print their newsletter as part of my business - Performance Printing”.

 

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

 

THAT Council:

 

1.       Congratulate the newly elected committee members of the Beecroft-Cheltenham District Civic Trust and look forward to working with the new committee over the next 12 months.

 

2.       Note the Beecroft-Cheltenham District Civic Trust’s presentation at its March 2012 Annual General Meeting on level of membership, audited financial records and account of activities for the past 12 months.

 

3.       Applaud all community groups and individuals for the time and effort they contribute to civic activities.

 

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

 

AGAINST:      Nil

 

NOTICES OF MOTION

 

Nil

 

Supplementary Reports

 

19               NOM2/12  Traffic Congestion and Queuing at Cherrybrook Village Shopping Centre

(F2004/09848-02)

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

 

THAT Council:

 

1.       Note that:

 

         a)       Traffic congestion and queuing at the entrance to Cherrybrook Village car park regularly spills out onto the Shepherds Drive/Kenburn Road roundabout, causing frustration and delay for local Cherrybrook residents.

 

          b)      Over the past four years, this traffic congestion has been the most complained about issue on local roads in Hornsby Shire.

 

          c)      Despite public statements from Cherrybrook Village management of plans to reduce congestion and   queuing, local residents have seen no meaningful improvement to traffic conditions at the entrance to Cherrybrook Village.

 

         d)       In a July 2011 in-house publication, Cherrybrook Village made the following comment in contravention of its DA which requires on-site parking for workers at Cherrybrook Village: "Please be reminded there is to be no staff parking in the customer car park. Centre staff (other than your stores designated car space) are required to park offsite at Greenway Park where the local council has made all day parking available. Roof Top parking is not for centre staff."

 

2.       Send letters to appropriate contacts within the Mirvac Group, including the CEO, broadly outlining the issues within this Notice of Motion and accompanying discussion and calling for Mirvac to demonstrate its commitment to good corporate citizenry by:

 

         a)       Implementing, at least, a two-way traffic flow along the southern end of the car park boundary adjacent to Shepherds Drive with a view to Mirvac absorbing queuing on its own site rather than      passing the queuing on to public roads.

 

          b)      Implementing shorter time limits for the most convenient and popular parking spaces to encourage greater turnover.

 

c)      Better integrating pedestrian and cycle access into the centre from the surrounding neighbourhood.

 

 

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

 

AGAINST:           Nil

 

MATTERS OF URGENCY

 

Nil

 

QUESTIONS WITHOUT NOTICE

 

Nil

 

THE MEETING terminated at 8.32 pm.

 

 

 

These Minutes were confirmed at the General Meeting held on Wednesday,  16 May, 2012, at which meeting the signature hereunder was subscribed.

 

 

 

CONFIRMED                                                                         CHAIRMAN

___________________________________________________________________________