MINUTES OF General Meeting
Held at Council Chambers, HORNSBY
on Wednesday 3 September 2014
at 6:36 PM
Councillors Russell (Chairman), Anisse, Azizi, Berman, Browne, Cox, Hutchence, Singh and Tilbury.
Note: Councillor Browne arrived at 6.44pm during discussion of Items Passed by Exception. He was not present for consideration of, or voting on, Apologies/Leave of Absence and Confirmation of Minutes.
NATIONAL ANTHEM
OPENING PRAYER
Reverend Rob Denham, from St Peter’s Anglican Church, opened the meeting in prayer.
Acknowledgement of RELIGIOUS DIVERSITY
Statement by the Chairman:
"We recognise our Shire's rich cultural and religious diversity and we acknowledge and pay respect to the beliefs of all members of our community, regardless of creed or faith."
ABORIGINAL RECOGNITION
Statement by the Chairman:
"We acknowledge we are on the traditional lands of the Darug and Guringai Peoples. We pay our respects to elders past and present."
AUDIO RECORDING OF COUNCIL MEETING
Statement by the Chairman:
"I advise all present that tonight's meeting is being audio recorded for the purposes of providing a record of public comment at the meeting, supporting the democratic process, broadening knowledge and participation in community affairs, and demonstrating Council’s commitment to openness and accountability. The recordings 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
RESOLVED ON THE MOTION OF COUNCILLOR HUTCHENCE, seconded by COUNCILLOR BERMAN,
THAT the apology and request for leave of absence from Councillor Gallagher in respect of an inability to attend the General Meeting on 3 September 2014 be accepted and leave of absence be granted.
FOR: Councillors ANISSE, AZIZI, BERMAN, Cox, HUTCHENCE, Russell, SINGH and Tilbury
AGAINST: 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 BERMAN declared a significant non-pecuniary interest in relation to Item 11 – PL50/14 Development Application – Dwelling-House – 51 Glenview Road, Mount Kuring-gai. Refer to that Item for details.
During discussion of Item 13, COUNCILLOR RUSSELL declared a less than significant non-pecuniary interest in relation to Item 13 – PL47/14 Brooklyn Masterplan – Community Survey. Refer to that Item for details.
confirmation of minutes
petitionS
Nil
presentations
Nil
Rescission Motions
Nil
ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS
Items 1, 2, 8, 9, 11, 13 and 14 were withdrawn for discussion.
RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR Anisse,
THAT the recommendations in respect of items 3, 4, 5, 6, 7, 10, 12, 15, 16, 17 and 18 be adopted.
FOR: Councillors ANISSE, AZIZI, BERMAN, BROWNE, Cox, HUTCHENCE, Russell, SINGH and Tilbury
AGAINST: Nil
Note: Item 19 was called over and noted.
For the sake of clarity, the above items are recorded in Agenda sequence.
Note: Persons wishing to address Council on matters which were on the Agenda were permitted to speak, prior to the item being discussed, and their names are recorded in the Minutes in respect of that particular item.
GENERAL BUSINESS
General Manager's Division
Nil
Corporate Support Division
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3 CS32/14 Schedule of Council Meetings and Order of Business to Apply at Those Meetings - October 2014 to September 2015 (F2004/07032) |
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RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR Anisse, THAT Council: 1. Adopt the schedule of ordinary Council meetings for the period October 2014 to September 2015 as set out in Attachment 1 of Deputy General Manager’s Report No. CS32/14. 2. Adopt the order of business for the ordinary Council meetings to be held in the period October 2014 to September 2015 as set out in Attachment 2 of Deputy General Manager’s Report No. CS32/14.
FOR: Councillors ANISSE, AZIZI, BERMAN, BROWNE, Cox, HUTCHENCE, Russell, SINGH and Tilbury
AGAINST: Nil |
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4 CS34/14 Delivery Program 2013-17 including Operational Plan (Budget) for 2013/14 - June 2014 Quarter Review (F2012/00885) |
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RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR Anisse, THAT the June 2014 Quarter Review of the Delivery Program, including the 2013/14 Operational Plan and Budget, be received and noted.
FOR: Councillors ANISSE, AZIZI, BERMAN, BROWNE, Cox, HUTCHENCE, Russell, SINGH and Tilbury
AGAINST: Nil |
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5 CS35/14 Investments and Borrowings for 2014/15 - Status for Period Ending 31 July 2014 (F2004/06987) |
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RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR Anisse, THAT the contents of Deputy General Manager’s Report No. CS35/14 be received and noted.
FOR: Councillors ANISSE, AZIZI, BERMAN, BROWNE, Cox, HUTCHENCE, Russell, SINGH and Tilbury
AGAINST: Nil |
Environment and Human Services Division
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6 EH18/14 Deferred Report - Future Use of Council Building - 3 Baden Powell Avenue, Brooklyn (F2004/06469) |
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RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR Anisse, THAT Council defer consideration regarding the long term future of 3 Baden Powell Avenue, Brooklyn until after the Community Facilities Strategic Plan has been completed.
FOR: Councillors ANISSE, AZIZI, BERMAN, BROWNE, Cox, HUTCHENCE, Russell, SINGH and Tilbury
AGAINST: Nil |
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7 EH19/14 Proposal for a Biobanking Agreement at Waitara Creek Upper Catchment (F2004/09595) |
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RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR Anisse, THAT: 1. Council proceed with investigations of a proposed Biobanking agreement for Waitara Creek Upper Catchment with the Office of Environment and Heritage. 2. A further report be submitted for Council’s consideration once the results of the investigations are known.
FOR: Councillors ANISSE, AZIZI, BERMAN, BROWNE, Cox, HUTCHENCE, Russell, SINGH and Tilbury
AGAINST: Nil |
Planning Division
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8 PL37/14 Development Application - Seniors Living Development Comprising 10 Units - 186 Beecroft Road, Cheltenham (DA/1394/2013) |
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Mr Ronald Wilkins, of Cheltenham, addressed Council regarding this item. Ms Margaret Rich, of Cheltenham, addressed Council regarding this item. Ms Margot Hoad, of Cheltenham, addressed Council regarding this item. Mrs Jill Gleave, of Berowra Waters, addressed Council regarding this item. Mr Bob de la Lande, of Cheltenham, addressed Council regarding this item. Mr Ian Glendinning, on behalf of the applicant, addressed Council regarding this item. Mr Craig Robinson, of Cheltenham, addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR HUTCHENCE, seconded by COUNCILLOR AZIZI, THAT consideration of Development Application No. DA/1394/2013 for the demolition of existing structures and construction of a seniors living development comprising 10 self-contained dwellings with car parking and strata subdivision at Lot 18 DP 1067166, No. 186 Beecroft Road, Cheltenham be deferred to allow an onsite meeting with available Councillors and Council officers to observe the impact and implications of this development on surrounding properties and the impact on the heritage conservation area.
FOR: Councillors ANISSE, AZIZI, BERMAN, BROWNE, Cox, HUTCHENCE, Russell, SINGH and Tilbury
AGAINST: Nil |
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9 PL63/14 Development Application - Dwelling-House - Proposed Lot 2, 39 Hannah Street, Beecroft (DA/199/2014) |
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Mr Kent Ross, on behalf of Beecroft Cheltenham Civic Trust, addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR HUTCHENCE, seconded by COUNCILLOR BROWNE, THAT Development Application No. DA/199/2014 for erection of a dwelling-house at proposed Lot 2, No.39 Hannah Street, Beecroft be refused for the reasons detailed in Schedule 1 of Group Manager’s Report No. PL63/14.
FOR: Councillors ANISSE, AZIZI, BERMAN, BROWNE, Cox, HUTCHENCE, Russell, SINGH and Tilbury
AGAINST: Nil |
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10 PL56/14 Development Application - Residential Flat Buildings Comprising 64 Units - 309, 311 and 311A Pacific Highway, Asquith and 7 Bell Street, Hornsby (DA/370/2014) |
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RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR Anisse, THAT Development Application No. DA/370/2014 for demolition of existing structures and construction of two, five storey residential flat buildings comprising 64 units with basement car parking at Lot 9 DP 650307, Lot 1 DP844075, Lot 2 844075, Lot C DP 369970, Lot 3 DP385418, Lot B DP369970, Nos. 309, 311 and 311A Pacific Highway, Asquith and No. 7 Bell Street, Hornsby be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL56/14.
FOR: Councillors ANISSE, AZIZI, BERMAN, BROWNE, Cox, HUTCHENCE, Russell, SINGH and Tilbury
AGAINST: Nil |
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11 PL50/14 Development Application - Dwelling-House - 51 Glenview Road, Mount Kuring-gai (DA/413/2014) |
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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 the interest was stated by Councillor Berman on the Declaration of Interest form as “A past client had an interest in this item”. Councillor Berman was not present at, or in sight of, the meeting when the Item was being discussed or voted on.
Mr William Loader, of North Sydney , addressed Council regarding this item. Mrs Denise Sinclair, of Mount Kuring-gai, addressed Council regarding this item. Miss Leona Welch, of Mount Kuring-gai, addressed Council regarding this item. Mr Peter Sinclair, of Mount Kuring-gai, addressed Council regarding this item. Mr Warwick Gosling, on behalf of the applicant, addressed Council regarding this item. Mr Patrick Waite, the applicant, addressed Council regarding this item. Mr Roland Briefrel, of Mount Kuring-gai, addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR ANISSE, THAT Council assume the concurrence of the Secretary of the Department of Planning and Environment pursuant to Clause 4.6 of the Hornsby Local Environmental Plan 2013 and approve Development Application No. DA/413/2014 for a two storey dwelling house and workshop outbuilding at Lot 11, DP 246969, No. 51 Glenview Road, Mount Kuring-gai subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL50/14.
FOR: Councillors ANISSE, AZIZI, BROWNE, Cox, HUTCHENCE, Russell, SINGH and Tilbury
AGAINST: Nil |
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12 PL58/14 Development Application - Change of Use to a Self Storage Facility Including Alterations and Additions - 25 Sefton Road, Thornleigh (DA/424/2014) |
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RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR Anisse, THAT Council assume the concurrence of the Secretary of Planning and Environment pursuant to Clause 4.6 of the Hornsby Local Environmental Plan 2013 and vary the floor space ratio development standard and approve Development Application No. DA/424/2014 for the change of use of an industrial building to a self storage facility including alterations and additions and the erection of signage at Lot 2 DP 590251 (No.25) Sefton Road, Thornleigh subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL58/14.
FOR: Councillors ANISSE, AZIZI, BERMAN, BROWNE, Cox, HUTCHENCE, Russell, SINGH and Tilbury
AGAINST: Nil |
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13 PL47/14 Brooklyn Masterplan - Community Survey (F2014/00264) |
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Note: Councillor Russell 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 Russell on the Declaration of Interest form as “I own a property at Milsons Passage” and the explanation of why the interest does not require further action in the circumstances was “I will not participate in the survey”.
Mr Robert Arnold, on behalf of Brooklyn Community Association, addressed Council regarding this item. Ms Diane Bowles, on behalf of Brooklyn Community Association, addressed Council regarding this item. Mr Bronek Karcz, on behalf of Dangar Island League (Ratepayers and Residents Association), addressed Council regarding this item. Mr Peter Davis, of Brooklyn, addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR TILBURY, seconded by COUNCILLOR BROWNE, THAT: 1. Consultation be undertaken with the community in accordance with the consultation strategy outlined in Group Manager’s Report No. PL47/14. 2. The General Manager be authorised to approve any consultation material and/or additional consultation techniques recommended by Council’s community consultation specialist to engage with the community. 3. Council accept receipt of written submissions in addition to feedback provided in the survey. 4. Any responses to the survey and the written submissions received be evaluated and a report prepared for Council’s consideration.
FOR: Councillors ANISSE, AZIZI, BERMAN, BROWNE, Cox, HUTCHENCE, Russell, SINGH and Tilbury
AGAINST: Nil |
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14 PL55/14 Tender for Legal Services (F2014/00035) |
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Mr Peter Jackson, on behalf of Pikes and Verekers Lawyers, addressed Council regarding this item.
RESOLVED ON THE MOTION OF COUNCILLOR ANISSE, seconded by COUNCILLOR HUTCHENCE, THAT Council: 1. Dissolve its existing legal services panel, adopted on 19 May 2010. 2. Invite the following firms to be members of its new legal services panel in accordance with the terms and conditions of Tender No. RFT8/2014: a) Bartier Perry b) Crawford & Duncan c) Local Government Legal d) Marsdens Law Group e) Matthews Folbigg f) Mills Oakley Lawyers g) Pike & Verekers Lawyers h) Storey & Gough Solicitors i) Woodward Legal j) Workplace Law 3. Note that from time to time it may be necessary for the General Manager to engage the services of a legal firm who is not on the legal services panel to provide specialist legal advice to Council. 4. Write to all unsuccessful tenderers advising of Council’s decision.
FOR: Councillors ANISSE, AZIZI, BERMAN, BROWNE, Cox, HUTCHENCE, Russell, SINGH and Tilbury
AGAINST: Nil |
Infrastructure and Recreation Division
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15 IR14/14 West Epping Park Draft Plan of Management (F2014/00342) |
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RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR Anisse, THAT: 1. Council endorse the exhibition of the West Epping Park draft Plan of Management as set out in Deputy General Manager’s Report No. IR14/14. 2. A further report be submitted to Council following receipt of submissions with a view to seeking adoption of the Plan.
FOR: Councillors ANISSE, AZIZI, BERMAN, BROWNE, Cox, HUTCHENCE, Russell, SINGH and Tilbury
AGAINST: Nil |
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16 IR16/14 Tender T26/2014: Grinding of Concrete Footpaths (F2014/00262) |
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RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR Anisse, THAT Council accept the tender of The Australian Grinding Company Pty Ltd. for all work under Tender No. T26/2014: Grinding of Concrete Footpaths.
FOR: Councillors ANISSE, AZIZI, BERMAN, BROWNE, Cox, HUTCHENCE, Russell, SINGH and Tilbury
AGAINST: Nil |
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17 IR17/14 Tender T27/2014: Patching of Road Pavements in Full Depth Asphalt (F2014/00263) |
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RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR Anisse, THAT Council accept the tender of Roadworx Surfacing Pty Ltd. for all work under Tender No. T27/2014: Patching of Road Pavements in Full Depth Asphalt.
FOR: Councillors ANISSE, AZIZI, BERMAN, BROWNE, Cox, HUTCHENCE, Russell, SINGH and Tilbury
AGAINST: Nil |
Supplementary Reports
Nil
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18 CS37/14 Proposed Sale of Former Pretoria Lane, Hornsby This report was deemed confidential, under Section 10A (2) (c) of the Local Government Act, 1993. This report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business. (F2007/00392) |
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RESOLVED ON THE MOTION OF COUNCILLOR Tilbury, seconded by COUNCILLOR Anisse, THAT: 1. Council agree to enter into an option agreement for the sale of the subject land generally in accordance with the negotiated terms of agreement contained in Confidential Deputy General Manager’s Report No. CS37/14. 2. The General Manager be authorised to negotiate the detailed terms and conditions of the agreement, generally in accordance with the terms of agreement contained in Confidential Deputy General Manager’s Report No. CS37/14. 3. The General Manager be authorised to execute any documents in relation to the granting of a drainage easement if required and as deemed appropriate by Council's legal advisers. 4. Council authorise the use of the Council Seal on the Call Option Deed, Contract for the Sale of Land or on any legal, survey or other documents directly related to the granting of the option for the sale of the subject land as deemed appropriate by Council’s legal advisers.
FOR: Councillors ANISSE, AZIZI, BERMAN, BROWNE, Cox, HUTCHENCE, Russell, SINGH and Tilbury
AGAINST: Nil |
PUBLIC FORUM – NON AGENDA ITEMS
Nil
Questions of Which Notice Has Been Given
Nil
Mayor's Notes
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19 MN9/14 Mayor's Notes from 1 to 31 August 2014 (F2004/07053) |
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Monday 4 August 2014 – The Mayor attended a fundraising event for the Cancer Council at Asquith Public School. Wednesday 6 August 2014 – The Mayor was Guest Speaker at the Carlingford Seniors Morning Tea held at Carlingford Court Centre. Saturday 9 August 2014 – The Mayor attended the Westleigh Rural Fire Brigade Open Day. Saturday 9 August 2014 – The Mayor attended the Westleigh Rural Fire Brigade 50th Anniversary Dinner at Asquith Golf Club. Monday 11 August 2014 – The Mayor was Guest Speaker at the Rotary Club of West Pennant Hills and Cherrybrook Meeting in Dural. Wednesday 13 August 2014 – The Mayor attended the Apprenticeship and Traineeship Expo held at the Hornsby War Memorial Hall. Tuesday 19 August 2014 – The Mayor hosted three Citizenship Ceremonies in the Council Chambers. Thursday 21 August 2014 – The Mayor visited students at Thornleigh West Public School. Friday 22 August 2014 – The Mayor attended the Hornsby Shire Women’s Bowling Competition Trophy Presentation at Beecroft Bowling Club. Tuesday 26 August 2014 – The Mayor attended the St Patrick’s Catholic School Public Speaking Competition. Friday 29 August 2014 – The Mayor attended the View Clubs Australia Gala Lunch at Chatswood RSL Club. Saturday 30 August 2014 – The Deputy Mayor Councillor Tilbury, on the Mayor’s behalf, attended the KU Berowra Preschool 40th Anniversary celebrations. Sunday 31 August 2014 – Councillor Browne, on the Mayor’s behalf, attended the Golden Kangaroos Concert at The Epping Club.
Note: These are the functions that the Mayor, or his representative, has attended in addition to the normal Council Meetings, Workshops, Mayoral Interviews and other Council Committee Meetings. CALLED OVER AND NOTED |
Mayoral Minutes
Nil
Notices of Motion
Nil
MATTERS OF URGENCY
RESOLVED ON THE MOTION OF COUNCILLOR HUTCHENCE, seconded by COUNCILLOR BROWNE,
THAT Councillor Hutchence be permitted to raise a Matter of Urgency regarding 10/50 Vegetation Clearing entitlements.
FOR: Councillors ANISSE, AZIZI, BERMAN, BROWNE, Cox, HUTCHENCE, Russell, SINGH and Tilbury
AGAINST: Nil
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20 MOU1/14 10/50 Vegetation Clearing Entitlements (F2004/06589) |
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RESOLVED ON THE MOTION OF COUNCILLOR Hutchence, seconded by COUNCILLOR ANISSE, THAT Council write to the Commissioner of the Rural Fire Service requesting that he make available an officer to brief Councillors, senior Council staff and interested residents of Hornsby Shire on the implications of the 10/50 Vegetation Clearing legislation and that he commit to working with Council and the community to ensure that the legislation meets the objectives of the NSW Government and the expectations of local communities.
FOR: Councillors ANISSE, AZIZI, BERMAN, BROWNE, Cox, HUTCHENCE, Russell, SINGH and Tilbury
AGAINST: Nil |
QUESTIONS WITHOUT NOTICE
Nil
THE MEETING terminated at 9.14pm.
These Minutes were confirmed at the meeting held on Wednesday 8 October 2014, at which meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
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