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
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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
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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
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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
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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
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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
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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 me” and 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
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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
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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
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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
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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
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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
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First preference
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Second preference
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Parks (all plumbing works
in parks and tennis courts except buildings)
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T J Mathews Plumbing Services Pty Ltd
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Dolphin Plumbing
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Building (all plumbing works in buildings
throughout the Shire including amenity buildings in parks and day to day
maintenance works in aquatic centres)
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Dolphin Plumbing
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T J Mathews Plumbing Services Pty Ltd
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Roads and drainage (all plumbing works associated
with roads and drainage construction and maintenance)
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T J Mathews Plumbing Services Pty Ltd
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Dolphin Plumbing
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Berowra Waters Water Supply (all plumbing works
associated with Berowra Waters Water Supply Scheme)
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Dolphin Plumbing
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T J Mathews Plumbing Services Pty Ltd
|
FOR: Councillors Berman, Browne, Chopra, Evans,
Hutchence, Martin, McMurdo, Mills, Russell and Smart
AGAINST: Nil
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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 Trust” and
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
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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
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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
___________________________________________________________________________