MINUTES OF General Meeting
Held at Council Chambers, HORNSBY
on Wednesday 14
May 2014
at 6:35 PM

PRESENT
Councillors Russell (Chairman), Anisse, Azizi, Berman,
Browne, Cox, Gallagher, Hutchence, Singh and Tilbury.
NATIONAL ANTHEM
OPENING
PRAYER
Pastor
Mbakwe, from Awesomerock Church, Hornsby, 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 of the non-confidential parts of the
meeting 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. No
other persons are permitted to record the Meeting, unless specifically
authorised by Council to do so.”
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.”
declarations of interest
COUNCILLOR ANISSE declared a less than significant
non-pecuniary interest in relation to Item 7 – PL31/14 Development Application
– Residential Flat Building Comprising 34 Units – 1 and 3 Belair Close,
Hornsby. Refer to that Item for details.
COUNCILLOR HUTCHENCE declared a less than significant
non-pecuniary interest in relation to Item 7 – PL31/14 Development Application
– Residential Flat Building Comprising 34 Units – 1 and 3 Belair Close,
Hornsby. Refer to that Item for details.
COUNCILLOR SINGH declared a less than significant
non-pecuniary interest in relation to Item 7 – PL31/14 Development Application
– Residential Flat Building Comprising 34 Units – 1 and 3 Belair Close,
Hornsby. Refer to that Item for details.
COUNCILLOR BERMAN declared a
less than significant non-pecuniary interest in relation to Item 14 – NOM3/14
Regulation of Brothels in NSW. Refer to that Item for details.
confirmation of minutes
RESOLVED
ON THE MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR COX,
THAT the
Minutes of the General Meeting held on Wednesday 9 April 2014 be confirmed, a
copy having been distributed to all Councillors.
FOR: Councillors Anisse,
Azizi, Berman, Browne, Cox, Gallagher, HUTCHENCE, Russell, Singh and Tilbury
AGAINST: Nil
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petitionS
Nil
Rescission Motions
Nil
presentations
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 11, 14, 15 and 16 were withdrawn or left for discussion
later in the meeting.
Item 13 was called over and noted.
RESOLVED ON THE MOTION OF COUNCILLOR
Browne, seconded by COUNCILLOR Gallagher,
THAT the
recommendations in respect of items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 12 be
adopted.
FOR: Councillors Anisse, Azizi,
Berman, Browne, Cox, Gallagher, HUTCHENCE, Russell, Singh and Tilbury
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
1 GM2/14 Northern
Sydney Regional Organisation of Councils (NSROC) – Future Options
(F2004/07189-02)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Gallagher,
THAT Council:
1. Express its in-principle support for the
formation and participation in a Northern Metropolitan Council of Mayors
(NMCM) subject to:
a) The costs associated with membership
being comparable to Council’s current costs as a member of the Northern
Sydney Regional Organisation of Councils (NSROC).
b) All existing members of NSROC and the
Shore Regional Organisation of Councils (SHOROC) also participating.
c) The final terms of reference not binding
Council to a majority decision vote on any matter considered by the NMCM.
2. Authorise the Mayor and General Manager
to sign a Memorandum of Understanding for Council to become a member of the NMCM
generally under the terms outlined in the Draft Terms of Reference attached
to General Manager’s Report No. GM2/14, subject to point 1 above.
3. Continue its current membership of NSROC
until or unless Council enters into membership of NMCM.
FOR: Councillors Anisse,
Azizi, Berman, Browne, Cox, Gallagher, HUTCHENCE, Russell, Singh and Tilbury
AGAINST: Nil
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Corporate Support Division
2 CS11/14 Investments
and Borrowings for 2013/14 - Status for Period Ending 31 March 2014
(F2004/06987)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne,
seconded by COUNCILLOR Gallagher,
THAT the contents of Deputy General Manager’s
Report No. CS11/14 be received and noted.
FOR: Councillors Anisse,
Azizi, Berman, Browne, Cox, Gallagher, HUTCHENCE, Russell, Singh and Tilbury
AGAINST: Nil
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3 CS12/14 Delivery
Program 2013-17 including Operational Plan (Budget) for 2013/14 - March 2014
Quarter Review
(F2012/00885)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne,
seconded by COUNCILLOR Gallagher,
THAT the March 2014 Quarter Review of the 2013-17 Delivery Program, including the
Operational Plan (Budget) for 2013/14,
be received and noted.
FOR: Councillors Anisse,
Azizi, Berman, Browne, Cox, Gallagher, HUTCHENCE, Russell, Singh and Tilbury
AGAINST: Nil
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Environment and Human Services Division
4 EH6/14 Delegations
Under the Noxious Weeds Act 1993
(F2004/08897-02)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne,
seconded by COUNCILLOR Gallagher,
THAT Council issue delegations and
Certificates of Authority for staff to carry out the functions under the
Noxious Weeds Act 1993 as shown in Attachments 1 and 2 to Group Manager’s
Report No. EH6/14.
FOR: Councillors Anisse,
Azizi, Berman, Browne, Cox, Gallagher, HUTCHENCE, Russell, Singh and Tilbury
AGAINST: Nil
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5 EH7/14 Catchments
Remediation Rate (CRR) Program Expenditure Review 31 December 2013 - Progress
Report
(F2005/00829-02)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne,
seconded by COUNCILLOR
Gallagher,
THAT the
contents of Group Manager’s Report No. EH7/14 be received and noted.
FOR: Councillors Anisse,
Azizi, Berman, Browne, Cox, Gallagher, HUTCHENCE, Russell, Singh and Tilbury
AGAINST: Nil
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Planning Division
6 PL5/14 Development
Application - Alterations and Additions - Existing Registered Club - 11-37 Alexandria Parade, Waitara
(DA/1408/2013)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne,
seconded by COUNCILLOR Gallagher,
THAT
Council assume the concurrence of the Director-General of the Department of
Planning and Infrastructure and approve Development Application No. DA/1408/2013
for alterations and additions to the existing Asquith Leagues Club building
including two new pavilions and an alfresco gaming area at Lot 100 DP 848501,
Nos. 11-37 Alexandria Parade, Waitara subject to the conditions of consent
detailed in Schedule 1 of Group Manager’s Report No. PL5/14.
FOR: Councillors Anisse,
Azizi, Berman, Browne, Cox, Gallagher, HUTCHENCE, Russell, Singh and Tilbury
AGAINST: Nil
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7 PL31/14 Development
Application - Residential Flat Building Comprising 34 Units - 1 and 3 Belair
Close, Hornsby
(DA/1031/2013)
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Note: Councillor
Anisse 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 the interest was stated by
Councillor Anisse on the Declaration of Interest form as “know applicant
through the Church community” and the explanation of why the interest does
not require further action in the circumstances was “no influence or bearing
on decision – no pecuniary association or interest”.
Note: Councillor Hutchence 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 the interest was stated by Councillor Hutchence on the
Declaration of Interest form as “one of the parties are known to me” and the
explanation of why the interest does not require further action in the
circumstances was “the knowledge of the person has no bearing on the item
recommendation or vote”.
Note:
Councillor Singh 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 the interest was
stated by Councillor Singh on the Declaration of Interest form as “I did some
structural consultancy work over 10 years ago at one of the two properties
the subject of this item”.
RESOLVED ON THE MOTION OF COUNCILLOR Browne, seconded by COUNCILLOR Gallagher,
THAT
Development Application No. DA/1031/2013 for the demolition of existing
structures and construction of a five storey residential flat building
comprising 34 units with basement car parking and strata subdivision at Lot 1
SP 39068, Lot 2 SP 39068 and Lot 2 DP 204624, Nos. 1 and 3 Belair Close,
Hornsby be approved subject to the conditions of consent detailed in Schedule
1 of the Group Manager’s Report No. PL31/14.
FOR: Councillors Anisse,
Azizi, Berman, Browne, Cox, Gallagher, HUTCHENCE, Russell, Singh and Tilbury
AGAINST: Nil
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8 PL30/14 Reporting
Variations to Development Standards
(F2004/07599)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne,
seconded by COUNCILLOR Gallagher,
THAT the
contents of Group Manager’s Report No. PL30/14 be received and noted.
FOR: Councillors Anisse,
Azizi, Berman, Browne, Cox, Gallagher, HUTCHENCE, Russell, Singh and Tilbury
AGAINST: Nil
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9 PL33/14 Draft
Voluntary Planning Agreement, 26-30 Orara Street and 39 Waitara Avenue,
Waitara
(DA/1370/2013)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne,
seconded by COUNCILLOR Gallagher,
THAT:
1. The draft Voluntary Planning Agreement
attached to Group Manager’s Report No. PL33/14 be exhibited for 28 days in
accordance with the Environmental Planning and Assessment Act 1979.
2. The
General Manager be delegated authority to endorse the exhibition material.
3. Following the exhibition, a report
on submissions be presented to Council.
FOR: Councillors Anisse,
Azizi, Berman, Browne, Cox, Gallagher, HUTCHENCE, Russell, Singh and Tilbury
AGAINST: Nil
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10 PL35/14 Epping Town Centre Urban Activation Precinct - Draft Development Control Plan
(F2007/00707)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne,
seconded by COUNCILLOR Gallagher,
THAT:
1. Amendments
to Draft Hornsby Development Control Plan 2013 attached to Group Manager’s
Report No. PL35/14 be exhibited for 28 days.
2. The
General Manager be delegated authority to endorse the exhibition material.
3. Following
the exhibition, a report on submissions be presented to Council.
FOR: Councillors Anisse,
Azizi, Berman, Browne, Cox, Gallagher, HUTCHENCE, Russell, Singh and Tilbury
AGAINST: Nil
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Infrastructure and Recreation Division
11 IR2/14 Hornsby
Development Control Plan - Review of Tree and Vegetation Provisions
(F2013/00457)
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Ms Kim Mullins, of Hornsby, addressed
Council regarding this item.
MOVED ON THE MOTION
OF COUNCILLOR BROWNE, seconded by
councillor azizi,
THAT
consideration of Deputy General Manager’s Report No. IR2/14 be deferred to
allow staff from the Environment and Human Services and Planning Divisions to
provide an Informal Briefing on the matter to Councillors.
AN AMENDMENT WAS MOVED BY COUNCILLOR HUTCHENCE, seconded
by COUNCILLOR COX,
THAT:
1.
The Hornsby Development Control Plan not be amended to include
a further 22 tree species not indigenous to Hornsby Shire.
2.
A Significant Tree Register not be introduced.
3. A further report be prepared for
Council’s consideration by July 2014 detailing investigations into an
expanded tree planting program on public lands showing the purpose, costs and
benefits.
THE AMENDMENT MOVED BY COUNCILLOR HUTCHENCE, seconded by
COUNCILLOR COX WAS PUT AND CARRIED.
FOR: Councillors Anisse,
Berman, Cox, HUTCHENCE, Russell, Singh and Tilbury
AGAINST: COUNCILLORS AZIZI, BROWNE
AND GALLAGHER
THE AMENDMENT THEREBY BECAME THE MOTION
WHICH WAS PUT AND CARRIED.
FOR: Councillors Anisse,
Berman, Cox, Gallagher, HUTCHENCE, Russell, Singh and Tilbury
AGAINST: councillors
azizi and browne
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12 IR8/14 Request
for Tender - RFT09/2014: Supply of Galston Aquatic Centre Energy Performance
Contract
(F2013/00550)
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RESOLVED ON THE MOTION OF COUNCILLOR Browne,
seconded by COUNCILLOR Gallagher,
THAT:
1. Council
note the contents of the Evaluation Report attached to Deputy General
Manager’s Report No. IR8/14 and decline to accept any tender for the
provision of a dehumidifier at Galston Aquatic Centre.
2. Council
decline to invite fresh tenders or seek fresh applications from tenderers or
persons expressing interest in the contract for the following reasons:
a) Council has tested the
market for the project and further tendering or fresh applications are
unlikely to produce a better result.
b) Timing
constraints to not unduly delay the project.
3. In
accordance with Section 178 (3)(e) of the Local Government (General)
Regulation 2005, the General Manager be delegated authority to enter into
negotiations with Air Change Australia Pty Ltd with a view to entering into a
contract for installation of a new dehumidifier and water heating system for
the Galston Aquatic Centre based on RFT09/2014: Supply of Galston Aquatic
Centre Energy Performance Contract (and Air Change Australia Pty Ltd’s submission)
as it is considered that this would produce the most advantageous outcome for
Council.
FOR: Councillors Anisse,
Azizi, Berman, Browne, Cox, Gallagher, HUTCHENCE, Russell, Singh and Tilbury
AGAINST: Nil
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Supplementary Reports
Nil
CONFIDENTIAL ITEMS
RESOLVED ON THE MOTION OF COUNCILLOR RUSSELL, seconded by
COUNCILLOR TILBURY,
THAT Council move in to Confidential
Session to consider Item 16, for the reason given below the Item.
FOR: Councillors Anisse, Azizi,
Berman, Browne, Gallagher, HUTCHENCE, Russell, Singh and Tilbury
AGAINST: COUNCILLOR COX
____________________________
RESOLVED ON THE MOTION OF COUNCILLOR HUTCHENCE, seconded by
COUNCILLOR COX,
THAT Council move out of
Confidential Session.
FOR: Councillors Anisse, Azizi,
Berman, Browne, COX, Gallagher, HUTCHENCE, Russell, Singh and Tilbury
AGAINST: NIL
____________________________
16 MM5/14 Biobanking
Offer – Upper Pyes Creek and New Farm Road Bushland
(F2014/00136)
This Mayoral Minute was dealt
with in confidential session, under Section 10A (2) (d) of the Local
Government Act, 1993. This Mayoral Minute contains commercial information of
a confidential nature that would, if disclosed (i) prejudice the commercial
position of the person who supplied it; or (ii) confer a commercial advantage
on a competitor of the council; or (iii) reveal a trade secret.
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RESOLVED ON THE
MOTION OF COUNCILLOR RUSSELL, seconded by COUNCILLOR COX,
THAT Council delegate authority to the General
Manager to sell all the biodiversity credits generated from Upper Pyes Creek
and New Farm Road Bushland in line with the “Without Prejudice” offer from
Transport for NSW as contained within Confidential Mayoral Minute No. MM5/14.
FOR: Councillors Anisse,
Azizi, Berman, Browne, Cox, Gallagher, HUTCHENCE, Russell, Singh and Tilbury
AGAINST: Nil
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PUBLIC FORUM – NON AGENDA ITEMS
Nil
Questions of Which Notice Has Been Given
Nil
Mayor's Notes
13 MN5/14 Mayor's
Notes from 1 to 30 April 2014
(F2004/07053)
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Thursday 3 April 2014 - The
Mayor attended the Youth Week Activities in Hornsby Mall.
Saturday 5 April 2014 -
The Mayor took part in the PCYC Time4Kids fundraising event in Hornsby Mall.
Sunday 6 April 2014 -
The Mayor attended the Brooklyn RSL Sub Branch ANZAC Day Commemoration
Service at Brooklyn Park.
Monday 7 April 2014 -
The Mayor attended the Waitara Public School ANZAC Ceremony.
Tuesday 8 April 2014 -
The Mayor attended the Hornsby Shire Council LEP and DCP Workshop for
Residents in the Council Chambers.
Thursday 10 April 2014 -
The Mayor attended the Northern Districts Cricket Association’s Presentation
Night at Asquith Leagues Club.
Sunday 13 April 2014 -
The Mayor attended the Hornsby RSL Sub Branch ANZAC Day March and Service at
Hornsby Cenotaph.
Sunday 13 April 2014 -
Councillor Gallagher, on the Mayor’s behalf, attended the Berowra RSL Sub
Branch ANZAC Ceremony.
Sunday 13 April 2014 -
The Mayor attended The Hills District RSL Sub Branch ANZAC Day Commemoration
Service at Galston.
Tuesday 15 April 2014 -
The Mayor was a guest speaker at the Community Voice Public Meeting at
Hornsby Library.
Tuesday 22 April 2014 -
The Mayor and Councillors Gallagher and Singh hosted three Citizenship
Ceremonies in the Council Chambers.
Friday 25 April 2014 -
The Mayor attended the Hornsby RSL Sub Branch ANZAC Dawn Service at Hornsby
Cenotaph.
Friday 25 April 2014 -
Councillor Gallagher, on the Mayor’s behalf, attended the Glenorie RSL Sub
Branch ANZAC Memorial Service.
Friday 25 April 2014 -
The Mayor attended the Beecroft Cheltenham Lions Club ANZAC Day Service at
Beecroft Cenotaph.
Tuesday 29 April 2014 - The Mayor was the
Guest Speaker at the Carlingford Ladies Club Lunch.
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
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Mayoral Minutes
15 MM4/14 September
2014 General Meeting - Proposed Change of Meeting Date
(F2014/00002)
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RESOLVED ON THE MOTION OF COUNCILLOR
RUSSELL, seconded by councillor TILBURY,
THAT:
1. Council’s September 2014 General
Meeting be rescheduled to Wednesday 3 September 2014.
2. Appropriate
advertising be undertaken to advise the public of the change in the General
Meeting date.
FOR: Councillors Anisse,
Azizi, Berman, Browne, Cox, Gallagher, HUTCHENCE, Russell, Singh and Tilbury
AGAINST: Nil
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____________________________
Note: Mayoral Minute No. MM5/14 – Biobanking Offer – Upper
Pyes Creek and New Farm Road Bushland, was considered in Confidential Session.
The Mayoral Minute is, therefore, shown in the Confidential Items section of
these Minutes as Item 16.
____________________________
Notices of Motion
14 NOM3/14 Regulation
of Brothels in NSW
(F2004/07513)
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Note: Councillor Berman 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 the interest was stated by Councillor Berman on the
Declaration of Interest form as “a complainant is known to me” and the
explanation of why the interest does not require further action in the
circumstances was “there is no significant or pecuniary interest”.
RESOLVED ON THE
MOTION OF COUNCILLOR Berman, seconded by councillor russell,
THAT Council write to the
Attorney General and the Minister for Local Government requesting an update
on the NSW Government's progress in establishing a licensing regime for the
better regulation of brothels in NSW following the release of its September
2012 Issues Paper titled “Regulation of Brothels in NSW”.
FOR: Councillors Anisse,
Azizi, Berman, Browne, Cox, Gallagher, HUTCHENCE, Russell, Singh and Tilbury
AGAINST: Nil
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MATTERS OF URGENCY
Nil
QUESTIONS WITHOUT NOTICE
Nil
THE MEETING terminated at 7.47pm.
These Minutes were confirmed at the meeting held on Wednesday
11 June 2014, at which meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
______________________________________________________________________________