Hornsby Shire Council

Attachment to Report No. CC95/08 Page 0

 

GENERAL MANAGER’S DIVISION

 

Item

Report

Outstanding Resolutions

Latest Status

Comment

 

1.

 

GM17/07 – ALLEGATION OF BREACH OF COUNCIL’S CODE OF CONDUCT

 

FILE REF: F2004/07038

 

 

1. General Manager's Report No. GM17/07 be

     received and noted.

 

2.  The confidentiality in respect of Report No. GM17/07 be removed and the Report be made publicly available.

 

3.  Councillor Isaac accept counselling from the General Manager concerning the rules and regulations associated with Council's Code of Conduct and the Code of Meeting Practice.

 

 

 

GM Letter dated 28 November 2007 (Document No. D00749507) to Cr Isaac informing him of the Council resolution and requesting a mutually agreed date for counselling.

 

Letter from Cr Isaac dated 3 December 2007 (Doc No. D00753407) advising that he had contacted Ombudsman and will not respond until Ombudsman has investigated his submission.

 

Letter dated 5 February 2008 (document No. D00849151) forwarded to Cr Isaac asking whether he has received a response from the Ombudsman.

 

Email from Cr Isaac dated 16 February 2008 (Document No. D00856323) – subsequently recalled.

 

Letter dated 30 April 2008 requesting advice as to whether Cr Isaac has received any response from the Ombudsman.

 

Further reminder letter dated 15 May 2008 requesting response

 

 

 

 

 

 

 

 

Awaiting further advice from Cr Isaac in response to letter dated 5 February 2008.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No response received as at 27 May, 2008.

 

 

Outstanding resolution reconsidered by Council on 13 August 2008 following Question of Which Notice Has Been Given – See Item 2 below

 

 

 

 

 

2.

 

MOU 05/08

ORD MTG 13/08/2008

ALLEGATION OF BREACH OF COUNCIL’S CODE OF CONDUCT

 

FILE REF:F2004/07038-01

 

1.     A further invitation be extended to Councillor Isaac requiring him to conform to the resolution of Council of 14 November 2007, by 31 August 2008.  Such invitation should now include advice of the requirement of Section 440(5) of the Local Government Act for Councillors to comply with the provisions of Council’s adopted Code of Conduct and that a failure to comply with an applicable requirement of a Code of Conduct can be “misbehaviour” as defined in Section 440F of the Local Government Act.  Formal censure of a Councillor for misbehaviour may, if repeated over a period, lead to suspension from civic office.

 

2.     If not resolved by 31 August 2008, a Conduct Review Committee be requested to investigate both the alleged breach of the Code of Conduct and Councillor Isaac’s apparent refusal to comply with a resolution of Council

 

 

 

 

GM Letter dated 18 August 2008 to Cr Isaac, noting answers which were submitted to a Question of Which Notice Has Been Given in relation to the implementation of resolution dated 14 November 2007 and a request for a suitable time prior to 31 August 2008, when counselling could be undertaken.

 

In response, Cr Isaac attended the General Manager’s office on 1 September 2008.  Cr Isaac assured the General Manager that he had read and understood both the Code of Conduct and the Code of Meeting Practice, and that he would obey the law.

 

 

 

This matter is the subject of General Manager’s Report No. GM11/08 to the 12 November 2008 Ordinary Meeting of Council.

 

 

 

 

 

 

 

 

CORPORATE & COMMUNITY DIVISION

 

Item

Report

Outstanding Resolutions

Latest Status

Comment

 

3.

 

CC49/02

 

ORDINARY MEETING

12/06/2002

 

WIDEVIEW PUBLIC SCHOOL MULTIPURPOSE HALL AGREEMENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

THAT

 

1.            Subject to the given parties drawing up a new Agreement that maintains the integrity of the original Agreement clauses, Council dissolve the Agreement relating to Wideview Public School Hall between the Minister for Education, Training and Youth Affairs, Wideview Public School P&C Association and the Council of Hornsby dated 29 September, 1994.

 

2.            The General Manager be delegated authority to negotiate and finalise a new Agreement with the given parties which maintains the integrity of the original Agreement clauses.

 

3.            The General Manager be delegated authority to investigate the like Agreement with Thornleigh West Public School and negotiate a new Agreement protecting Council's interests.

 

4.            The General Manager investigate the like Agreement with Cherrybrook Technology High School and provide a further report to Council.

 

 

 

 

 

 

1.     Council officers have met with the Principal of Wideview Public School and redrafted the agreement to reflect current concerns. The draft agreement is being considered by relevant staff in the Department of Education such that the issue can be finalised.

 

2.     Pending the resolution of Item 1.

 

3.     Pending the resolution of Item 1.

 

4.     Pending the resolution of Item 1.

 

 

The document has been redrafted to reflect the current user situation. The Wideview Agreement will form the basis of the agreements with Thornleigh West Public School and Cherrybrook Technology High School. 

 

4.

 

CC61/07

 

ORDINARY MEETING

13/06/2007

 

PROPOSALS FOR A COMMUNITY HALL IN BROOKLYN – FEEDBACK FROM COMMUNITY CONSULTATION

 

THAT

 

 1.            Council proceed with an upgrade of 2-4 Dangar Road, Brooklyn, and that a report be prepared for the August 2007 Ordinary Council Meeting updating the cost estimate of $122,500 prepared in 2005 together with an option to fund this within the 2007/08 Budget.

 

2.             Council support further investigations into the provision of a community facility at Salt Pan Reserve, including funding options, and that a report be presented not later than the September 2007 Ordinary Meeting.

 

3.                             It be a proviso that the services offered by the Hornsby and Kuring-gai Hospital and Community Health Services (HKH)  and the small community meeting space at the Community Health Centre 2-4 Dangar Road remain in this location as they provide the most central location for these services.

 

4.             The status quo be maintained in respect of the Guide Hall in Baden Powell Avenue.

 

5.                             The status quo be maintained in respect of Brooklyn Park - Pavilion in the Park.

 

6.                             Council reject the offer to upgrade and utilise the Brooklyn Masonic Hall.

 

 

7.             Council continue to lease Nos. 8 and 10 Dangar Road in accordance with relevant Council policies.

 

 

1.     Report prepared and considered by Council (See Report CC78/07). Architectural drawings have been produced in consultation with the community in order progress the project to DA stage.

 

2.     Issue is subject to discussion with the Community, Cultural and Recreation Facilities Task Force.

 

3.     Noted

 

4.     Noted

 

5.     Noted

 

6.     Noted and owner advised.

 

7.     Noted

 

 

 

 

 

Until July 2008, Council had two contrary resolutions pertaining to the future use of Salt Pan Reserve. 

 

In July 2008, Council considered Report No. PLN145/08 and resolved in part that

 

2.      No further action be taken in respect of investigations for the establishment of secure parking at Saltpan Reserve in association with commuter berthing at nearby commercial marinas.

 

Given that resolution, Salt Plan Reserve is still available for opportunities associated with the provision of a community facility. The issue will be placed on the agenda of the Community, Cultural and Recreation Facilities Task Force for consideration prior to a further report to Council.

 

5.

 

CC78/07

 

ORDINARY MEETING 8/08/2007

 

UPGRADE OF 2-4 DANGAR ROAD, BROOKLYN   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

THAT

 

1.         Council receive and note the contents of Executive Manager's Report No CC78/07.

 

2.         The General Manager be delegated authority to enter into an agreement to lease and then to finalise the lease with HKH in respect of the front part of the building at 2 - 4 Dangar Road, Brooklyn having regard to the conditions of lease detailed in Report No CC78/07.

 

3.         Subject to 2. above, Council proceed with the upgrade of the building at 2 - 4 Dangar Road, Brooklyn to provide a community meeting space, with the cost of such upgrade to be funded in   accordance with the preferred option outlined in Report No CC78/07.

 

4.         Once the lease with HKH is finalised and the upgrade of 2-4 Dangar Road, Brooklyn is complete:

 

a)         a further report be presented to Council regarding hiring fees for casual and regular users of the meeting space at the back of the building

 

b)         the management of the meeting space at the back of the building

be undertaken by Council's Community Services Branch.

 

 

1.     Noted

 

2.     Completed.

 

3.     Development application currently being prepared.

 

4.     Meetings are being held with community representatives to inform the content of the report to Council on the proposed management of the meeting space and the proposed hire arrangements.

 

 

A lease agreement has been finalised with Northern Sydney Central Coast Area Health Service and a development application for the extension is currently being drafted.

 

Work is continuing with the Brooklyn community to form a committee of management and to discuss the fee setting process for hire of the hall. A Report will be provided to Council following the receipt of input from the community on the above issues.

 

6.

 

CC06/08

 

ORDINARY MEETING 13/02/2008

 

STATUS REPORT CCTV PROPOSAL FOR HORNSBY MALL

 

 

THAT:

 

1.     The contents of Executive Manager's Report CC06/08 be received and noted.

 

2.     Council proceed with the development of a Community Safety Plan and allocate appropriate funding in the March 2008 Quarter Budget Review or in the preparation of the 2008/09 Budget.

 

3.     When details of the proposed funding sponsorship proposal in respect of the supply of CCTV equipment for use in the Hornsby Mall are received, they be referred to the relevant Divisions for consideration of technical and other requirements.

 

4.     A further report be prepared for Council's consideration when additional information in respect of either 2. and 3. above has been received and assessed.

 

 

Noted

 

 

Funding of $10,000 allocated in March 2008 quarterly review.   Discussions progressed with proposed consultant.

 

 

 

 

 

 

 

No proposal received to date.

 

 

 

 

 

 

 

Awaiting action in respect of 2. and 3.

 

Due to the failure of the originally chosen consultants to provide required information, the Manager, Community Services has obtained quotes from three other consultants to complete a Community Safety Plan. The three proposals will be submitted to the November 2008 Ordinary Meeting for Council’s consideration and allocation of funding as necessary.

 

Information concerning CCTV funding sponsorship which was expected to be provided to Council in mid 2007 has still not been received. Advice was provided at the October 2008 meeting of the Hornsby Mall Safety Group that a response from the potential sponsors should be tabled at the November 2008 meeting of the Group.

 

 

 

 

 

 

 

 

 

 

ENVIRONMENT DIVISION

 

Item

Report

Outstanding Resolutions

Latest Status

Comment

 

7.

 

EN33/07 – Ordinary Meeting 8th August 2007 – COUNCIL IN A CARBON CONSTRAINED FUTURE

 

THAT Council:

5.       Request a report setting out how carbon neutrality could be achieved, including an       assessment of its impacts, a list of actions, costs, financing options and timeframes.

 

 

November 2008

Item 5 currently being prepared.   Report will be presented to Council early in 2009.

 

 

8.

 

PLN163/07 Committee of the Whole 4th July 2007 – OPEN SPACE LAND ACQUISITION

 

THAT

4.     An acquisition program (including identification of priorities for acquisition) and a financial strategy be prepared to meet Council’s costs for acquisition of the sites identified for retention of the open space zoning.

 

May 2008

Acquisition program will be completed after Housing Strategy adopted by Council.

 

Acquisition strategy dependent on final Housing Strategy.

 

9.

 

EN04/08 – Ordinary Meeting on 13 February 2008 - RENAMING OF WAITARA OVAL

 

THAT consideration of this matter be deferred to allow the Mayor the opportunity to contact and discuss the issue directly with Mark Taylor and that his views be reported to Council as soon as possible.

 

May 2008

Mayor advises that he will approach Mark Taylor to determine current situation.

 

 

10.

 

EN13/08 – Ordinary Meeting on 9 April 2008 – OFFSETS POLICY – DEVELOPMENTS DEALING WITH BUSHLAND

 

THAT:

1.     Council adopt the Offsets Policy to be trialled for 12 months starting from the date of the first Offsets agreement.

2.     A further report be presented to Council after the 12 month trial period.

 

November 2008

Currently being trialled.  Report due March 2009.

 

 

STRATEGY DIVISION

 

Item

Report

Outstanding Resolutions

Latest Status

Comment

 

11.

 

ST13/06

ORD MTG 13/12/06

REQUEST FOR COUNCIL TO ACQUIRE CERTAIN LANDS IN MALTON ROAD, BEECROFT ZONED OPEN SPACE, PURSUANT TO CLAUSE 17(5) OF HORNSBY SHIRE LOCAL ENVIRONMENTAL PLAN 1994

Date: OM 13/12/06

 

 

(a)              Council commence negotiations to compulsorily acquire the subject lands described within this report for open space purposes;

 

(b)             Council authorise the making of an application, to the Minister/Governor, for compulsory acquisition of the subject lands described in this report for open space purposes;  and

 

(c)             In the event that the acquisitions can be completed by agreement, without the need for the compulsory process, the General Manager be authorised to negotiate and conclude the purchase of the subject lands to the maximum commercial offer as stated in this report with contractual conditions consistent with the intent of this report.

 

 

Applications for the Governor’s/Minister's approval(s) to compulsorily acquire Nos 35A and 35C have been forwarded to the Department of Local Government (DoLG).  The owners of Nos. 43 and 49A Malton Road have also requested that Council proceed to compulsorily acquire their lands and applications for the Governor's/Minister's approval(s) have been forwarded to DoLG.

 

Latest advice from DoLG was that cases would be referred to the Minister's office for approvals in mid May 2008.

 

Governor’s approval granted and Notices of Proposed Acquisition published in Government Gazette of 3 October 2008.  Awaiting Valuer General’s recommended acquisition values which are expected in early November 2008.

 

 

Awaiting valuations from Valuer General – expected early November 2008

 

12.

 

ST18/07

ORD MTG 14/11/07

REVIEW OF POLICIES & CODES - STRATEGY DIVISION

Date: OM 14/11/07

 

 

1.            The contents of Executive Manager's Report No. ST18/07 be received and noted.

 

2.            The amendments proposed to the Equal Employment Opportunity policy in the relevant attachment to this report be adopted.

 

3.            Other minor amendments to policies in the attachments to this report be adopted.

 

4.            Further reports be submitted in early 2008 with respect to Council's policies on Competitive Provision of Services and Security of Employment, Leave - Concessional, Organisation Development, Environmental Management System, Industrial Agreement Severance Payment and Smoke Free Environment.

 

 

Draft revisions to policies continue as work-in-progress for Environmental Management System and Smoke Free Environment.  Reviews of other policies are to be initiated following completion of the HR Strategy about mid 2008.

 

Smoke Free Environment Determination to ExCo 27/10/08 with report to Council’s Ordinary Meeting December 2008.

 

Other HR Policies and Determinations to be reviewed by October/November 2009.  Further report to Council at that time. 

 

Updated EMS Policy to Council on finalisation of Compliance Plan documentation structure (expected Ordinary Meeting March 2009).  The Hornsby Aquatic Centre Operations Manual requires completion prior to the EMS Policy’s finalisation.

 

Further report to Council 10/12/08 on employee smoke free environment determination.

 

Further report to council on other HR Policies and Determinations late 2009.

 

 

HAC Operations Manual currently under development – expected completion 3rd quarter 2008/09.  Further report to Council on updated EMS Policy expected March 2009.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

WORKS DIVISION

 

Item

Report

Outstanding Resolutions

Latest Status

Comment

 

13.

 

WK59/05 12/10/05

HORNSBY INTEGRATED LAND USE AND TRANSPORT STRATEGY (ILUTS)

(L Nagy)

 

 

THAT

 

2.         The report be placed on public exhibition for at least four months up to February 2006.

 

3.         A further report be referred to Council following the collation of submissions from the public exhibition.

 

 

Briefing Paper complete

 

 

 

 

 

Raised informally with Council at Briefing on 21 October 2008.  It is proposed that the ILUTS be referred to Council for consideration in conjunction with its consideration of parking generally.  Awaiting confirmation from Council of suitable date for meeting.

 

 

14.

 

WK14/08 12/03/08

PROPOSED EXTENSION OF  HIGH STREET BEROWRA INTO CROWN RESERVE R33756 (BEROWRA PARK) AND SALE OF PART OF THE RESERVE

(P Thompson)

 

THAT

 

1.          Council revoke the recommendation attached to report WK16/2002 and substitute this recommendation in lieu.

 

2.          Council agree to the sale of the subject land described within this report and shown on the site plan attached to this report in accordance with the Terms of Agreement contained within this report for the amount of consideration contained within the confidential attachment.

 

3.          Council seek to apply the net proceeds of the sale to the reserve trust R33756 for the general purposes of that trust.

 

4.          The General Manager be provided with delegated authority to negotiate detailed terms of the agreement consistent with this report.

 

5.          The General Manager be authorised to execute any documents in relation to this matter deemed appropriate by Council's legal advisors.

 

 

Matter in abeyance pending further negotiations with owner.

 

15.

 

WK15/08 09/04/08

SINGLETON ROAD WISEMAN’S FERRY – LAND ACQUISITION FOR ROAD SUPPORT

(M Nobilo)

 

THAT:

 

1.          Council agree to the acquisition of the subject 37m2 of land for road widening purposes for $3,000 plus reasonable legal and survey costs.

 

2.            The subject land be dedicated as road.

 

3.           The General Manager be authorised to execute any documents in relation to this matter deemed appropriate by Council's legal advisors.

 

 

Plan is being prepared for submission to the Land Titles Office for registration.