ATTACHMENTS

 

Ordinary Meeting

 

Wednesday,  12 November, 2008

at 6:30 pm

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Hornsby Shire Council

Attachments

 

 

TABLE OF CONTENTS

 

    

General Manager's Division

1        GM11/08            Allegation Of Breach Of Council's Code of Conduct

Attachment 1: ... Solicitor Response - Letter to Councillor Isaac of 18/8/2008

Attachment 2: ... Notes of Meeting with Cr Isaac - 1 September 2008

2        GM14/08            Review of Council's Code of Conduct

Attachment 1: ... Amended Code of Conduct

Attachment 2: ... NSW Ombudsman - Fact Sheet 3

Corporate and Community Division

3        CC82/08              Quarterly Review - Operational Plan Associated with the Hornsby Mall Strategic Management Plan

Attachment 1: ... Hornsby Mall Strategic Management Plan Twelve Month Operational Plan Key Actions Quarterly Update as at 31 August 2008 (6 Pages)

Attachment 2: ... Twelve Month Activity Plan for Hornsby Mall (1 Page)

5        CC93/08              Document Access Applications 26 July - 25 September 2008

Attachment 1: ... Document Access Policy

Attachment 2: ... Schedule of Documents

Attachment 3: ... Processing Volume for Document Access Applications, November 2007 - September 2008

7        CC95/08              Outstanding Council Resolutions

Attachment 1: ... Outstanding Resolutions - as at 31 May 2008

8        CC96/08              Community Safety Plan

Attachment 1: ... Report No CC06/08 - Status Report CCTV Proposal for Hornsby Mall

9        CC97/08              Social Plan Report Card July 2008 - September 2008

Attachment 1: ... Social Plan Report Card

10      CC98/08              September 2008 Investment and Borrowing Report

Attachment 1: ... HSC Borrowings Schedule as at 30 Sep 2008

Attachment 2: ... September 2008 Council Investment report

12      CC100/08            September 2008 Quarter Review of the 2008/09 Management Plan and Budget

Attachment 1: ... Review of Performance Sept 08

Attachment 2: ... Review of Budget Sept 08

13      CC101/08            Presentation of the 2007/08 Audited Financial Statements to the Public

Attachment 1: ... General Purpose Financial Report 2007/2008 (including Auditor's Report)

Attachment 2: ... Special Schedules 2007/2008

Attachment 3: ... Special Purpose Financial Report (including Auditor's Report)

Environment Division

14      EN36/08              Request to Rename a portion of Orchard Road Park, Beecroft to Finch Park

Attachment 1: ... Correspondence dated 18 June 2008

Attachment 2: ... Map outlining portion of land for renaming

Attachment 3: ... Location of Orchard Road Park

15      EN37/08              Tree removal at 28 Larool Crescent, Thornleigh

Attachment 1: ... Failed tree from adjoining property

16      EN38/08              Water Catchments Annual Water Quality, Estuary Management and Catchment Remediation Performance Reports 2007/2008

Attachment 1: ... Estuary Management Annual Report 2007/2008

Attachment 2: ... Water Quality Monitoring Program Annual Report 2007/2008

Attachment 3: ... The Catchments Remediation Rate Capital Works Program Annual Performance Report 2007/2008

17      EN39/08              Hornsby Shire Council Community Nursery Annual Report 2007/2008

Attachment 1: ... Hornsby Shire Council Community Nursery Annual Report 2007/2008

19      EN41/08              Tree removal at 35 Currawong Avenue, Normanhurst

Attachment 1: ... TA/760/2008 35 Currawong Avenue Normanhurst Photo 1, dated 131008

Attachment 2: ... TA/760/2008 35 Currawong Avenue Normanhurst Photo 2, dated 131008

Attachment 3: ... TA/760/2008 35 Currawong Avenue Normanhurst photo 3, Pine Cone

20      EN42/08              Parks Capital Works 2008-2009 September Quarter Progress Report

Attachment 1: ... Parks Capital Progress Report 2008/09 

Strategy Division

22      ST15/08               Strategic Human Resources Plan 2008-2012

Attachment 1: ... Human Resources Strategic Plan 2008 - 2012

Works Division

25      WK61/08             Works Progress Report - September 2008 Quarter - Assets Branch

Attachment 1: ... Gantt Chart A - Northern District Works Maintenance Program - Progress as at 30 September 2008 (3 pages)

Attachment 2: ... Gantt Chart B - 2007/08 Southern District Works Maintenance Program - Progress as at 30 September 2008 (2 pages)

Attachment 3: ... Gantt Chart C - 2007/08 Pavement Works Maintenance Program - Progress at as 30 September 2008 (2 pages)

Attachment 4: ... Gantt Chart D - 2007/08 Stormwater Management Program - Progress as at 30 September 2008 (2 pages)

Attachment 5: ... Gantt Chart E - 2007/08 Asset Management System Implementation Program - Progress as at 30 September 2008 (2 pages)

26      WK62/08             Works Progress Report - September 2008 Quarterly - Traffic and Road Safety Branch

Attachment 1: ... Traffic and Road Safety BRanch Activities

Attachment 2: ... Auslink Blackspot Grant Application

27      WK63/08             Electricity Easement - Galston Recreation Reserve

Attachment 1: ... Comments - compulsory acquisition - easement for electricity purposes over Crown Land  - 393 Galston Road - Hornsby

Attachment 2: ... Report and Assessment of Compensation - Easement for Proposed Underground 132kV Cable - Property known as Lot 197 and Lot 216 in Deposited Plan 752048 - Galston Road Galston

Attachment 3: ... Valuation report - electricity easement - Galston Road - Galston - Tax Invoice

Attachment 4: ... EnergyAustralia Valuation - Lots 197 and 216 in DP 752048 - Galston Recreation Reserve - Galston

Attachment 5: ... Notification of offer - EnergyAustralia proposed acquisition of Easement within Galston Park

28      WK64/08             Works Progress Report - September 2008 Quarter - Design and Construction Branch

Attachment 1: ... Gantt Charts

30      WK66/08             Carpark Patrol Agreement - Cherrybrook Village Shopping Centre

Attachment 1: ... Carpark Patrol Agreement: Cherrybrook Village Shopping Centre     


  


 

 

 

 

 

 

 

 

 

ATTACHMENT/S

 

REPORT NO. GM11/08

 

ITEM 1

 

1. Solicitor Response - Letter to Councillor Isaac of 18/8/2008

2. Notes of Meeting with Cr Isaac - 1 September 2008

 

 


Hornsby Shire Council

Attachment to Report No. GM11/08 Page 1

 


 


Hornsby Shire Council

Attachment to Report No. GM11/08 Page 3

 

 

Notes of Meeting – Cr Isaac

 

1 September 2008

 

The Meeting commenced at approximately 8.35 am and concluded at 8.50am.

 

Councillor Isaac attended my office, accompanied by a Mr Ian Turner, in accordance with advice received by Council by letter dated 27 August 2008 from Cr Isaac’s solicitors David Beattie Pty Ltd.

 

I asked Cr Isaac whether he was attending my office to conform with the resolution of Council of 14 November 2007, to which Cr Isaac replied that he was attending in accordance with the contents of the letter from his solicitors.

 

I indicated to Cr Isaac that although I had not had the opportunity to review the Local Government Act, I was of the opinion that the Code of Conduct gave the Council the opportunity of counselling a Councillor where it had formed the view that a breach of the Code of Conduct had occurred.  In this instance, the Council had not formed the view that a breach had occurred but, I considered that the Council had wanted to finalise the matter.

 

I indicated to Cr Isaac that there had been some comments within the community in relation to a Councillor being counselled by the General Manager and that to ameliorate concern, originally I had suggested that the Mayor might also be involved.  I advised that in view of the current circumstances, that did not seem to be appropriate.

 

I indicated to Cr Isaac, that when he was first elected, I had offered to explain to him the Code of Meeting Practice and the Code of Conduct on two occasions and he had responded that he had read and understood the documents.  I advised that if I was to proceed to explain each part of the Code of Conduct and the Code of Meeting Practice, that it would take some time, but I was satisfied that I could fulfil the Council’s resolution if I could be sure that Cr Isaac had read and understood each document and was prepared to conform to their requirements.  Cr Isaac responded by indicating that he had read both the Code of Conduct and the Code of Meeting Practice and that neither he nor I were above the law.  I continued to repeat that I believed I could fulfil the requirements of the Council’s resolution if I was satisfied that Cr Isaac had read and understood both the Code of Conduct and the Code of Meeting Practices; was aware of the importance of conforming; and would continue to conform with their requirements.

 

I consider that Cr Isaac’s commitment to conform with the law was effectively a commitment to conform with the Code of Conduct and the Code of Meeting Practice; which he openly admitted he had read and understood.

 

It was obvious that Cr Isaac was maintaining a firm line of following his legal advice and was reluctant to be more than a passive participant to any interaction.

 

At the conclusion of the Meeting, I asked Mr Turner for a copy of the Notes which he had taken and after originally agreeing to permit me to copy them, he then withdrew that permission.  I subsequently invited Mr Turner to provide me a copy after he had had a further opportunity to reconsider the matter and he indicated that he would so do.

 

Subsequently he indicated that he would not rethink the matter and would not provide a copy of his notes.  I indicated to Mr Turner that I considered that it was reasonable for him to make his Notes available to ensure that he had not incorrectly recorded any matter.  Mr Turner maintained his position of not making available a copy of his Notes.

 

 

 

R J BALL

General Manager

 


 

 

 

 

 

 

 

 

 

ATTACHMENT/S

 

REPORT NO. GM14/08

 

ITEM 2

 

1. Amended Code of Conduct

2. NSW Ombudsman - Fact Sheet 3

 

 


Hornsby Shire Council

Attachment to Report No. GM14/08 Page 6

 









































 


Hornsby Shire Council

Attachment to Report No. GM14/08 Page 47

 


  


 

 

 

 

 

 

 

 

 

ATTACHMENT/S

 

REPORT NO. CC82/08

 

ITEM 3

 

1. Hornsby Mall Strategic Management Plan Twelve Month Operational Plan Key Actions Quarterly Update as at 31 August 2008 (6 Pages)

2. Twelve Month Activity Plan for Hornsby Mall (1 Page)

 

 


Hornsby Shire Council

Attachment to Report No. CC82/08 Page 50

 

 

HORNSBY MALL STRATEGIC MANAGEMENT PLAN

KEY ACTIONS QUARTERLY UPDATE REPORT

AS AT 31 AUGUST 2008

Notes:

 

1. Initial 12 month operational plan items shown in bold and italics

2. 12 month operation plan (adopted by Council at the 12 December 2007 Ordinary Meeting) items shown in normal font

3. Shaded rows indicate completed key actions

STRATEGY ONE: LEADING HORNSBY MALL INTO THE FUTURE

 

Action No.

Action Description

Original Timeframe

Action to date

Financial Implications

1.1

(Priority

One)

Establish Hornsby Mall Leadership Group

Medium term

(6 months to 2 years)

Council resolved in August 2006 (see Report CC 59/06) to act as interim Leadership Group.

No financial implications identified to date.

1.2

Establish Hornsby Mall Leadership Group Taskgroups

Medium term

(6 months to 2 years)

Strategy 4 taskgroup - A Beautiful Hornsby Mall – actions are dependent on funding opportunities identified in Council’s 2007-2011 Section 94 Plan.

Formalisation of taskgroup will be dependant on contributions received under the above Plan and investigation of other possible funding sources.

No financial implications identified to date.

1.4

(Priority

Two)

Develop a financial management plan for sustainable funding solutions

Medium term

(6 months to 2 years)

Plan to be developed for respective key Actions following the establishment of the four taskgroups. At this point in time only three taskgroups have been established.

No financial implications identified to date.

 


STRATEGY TWO: A VIBRANT HORNSBY MALL

 

Action No.

Action Description

Original Timeframe

Action to date

Financial Implications

2.1

(Priority

Four)

Image campaign

Short term

(0 to 6 months)

Delay in progression due to resourcing issues associated with the completion of the Market survey. Now anticipated for completion during the second half of 2008. Image campaign to be implemented following the completion of the market survey.

No financial implications identified to date.

2.3

Events & entertainment program

Short term

(0 to 6 months)

At the June 2008 Taskgroup meeting a twelve month entertainment plan to operate from September 2008 involving weekly, fortnightly, monthly activities was adopted. Activities will also be planned to celebrate annual seasonal/ community wide recognised events.

No financial implications identified to date.

2.4

Small business joint marketing venture

Medium term

(6 months to 2 years)

At the June 2008 Taskgroup meeting a suggestion to develop a “Mall Passport” involving retailers and customers was supported. A suitable design for the Mall Passport is currently being developed for further consideration of Taskgroup at the November 2008 meeting.

No financial implications identified to date.

 


 

STRATEGY THREE: A SAFE AND CLEAN HORNSBY MALL

 

Action No.

Action Description

Original Timeframe

Action to date

Financial Implications

3.1

(Priority

three)

Hornsby Mall Ambassadors

Medium term

(6 months to 2 years)

Having regard to difficulties experienced in recruiting the required number of suitable applicants a revised resourcing proposal is currently being developed for the consideration of General Manager in October 2008.

To be funded by reallocation of funds within existing Hornsby Mall operating budget

3.4

Monitoring

Medium term

(6 months to 2 years)

As the consultant failed to provide the relevant information as agreed at the 30 May 2008 meeting the Community Services Branch Manager has obtained quotes from three other consultants. The three proposals will be submitted to the November 2008 Ordinary Meeting (see Report CC 96/08) for Council’s consideration and allocation of funding as necessary.

With the fee proposal received from the three consultants higher than the budget allocation a report will be submitted to the November 2008 Ordinary meeting seeking additional funding.

3.5

Youth Initiative

Short term

(0 to 6 months)

Two members of Youth Committee appointed as youth representatives and will now attend monthly Safety Group Meetings from June 2008 to assist in the development of suitable youth initiatives.

No financial implications identified to date.

3.6

Education Programs

Medium term

(6 months to 2 years)

At the June Hornsby Mall Safety Group meeting it was agreed that Council officers would meet with the president of the Hornsby and District Chamber of Commerce and Industry at a convenient time to identify strategies that would encourage greater participation and awareness of the “Biz Safe” program. A meeting held in November 2008 to identify a number of strategies for implementation in 2008/09.

No financial implications identified to date.


 

STRATEGY FOUR: A BEAUTIFUL HORNSBY MALL

 

Action No.

Action Description

Original Timeframe

Action to date

Financial Implications

4.1

Beautification of entrances

Medium term

(6 months to 2 years)

Provision made in Section 94 Contributions Plan 2007-2011 for funding. Will progress when funding is received.

No financial implications identified to date.

4.2

Improved signage

Medium term

(6 months to 2 years)

No action implemented at this point in time.

No financial implications identified to date.

4.3

Landscaping

Short term

(0 to 6 months)

Action to commence following establishment of Strategy Four taskgroup. Provision made in Section 94 Contributions Plan 2007-2011.

No financial implications identified to date.

4.4

Public Seating

Short term

(0 to 6 months)

Action to commence following establishment of Strategy Four taskgroup. Provision made in Section 94 Contributions Plan 2007-2011.

No financial implications identified to date.

4.5

Community Art

Medium term

(6 months to 2 years)

With Council adopting the 2008-2010 Cultural Plan for Hornsby Shire at the August 2008 Ordinary Meeting action has now commenced to develop a Public Art Policy that will incorporate Hornsby Mall. Matter to be held in abeyance until adoption of Public Art Policy anticipated for completion late 2008.

No financial implications identified to date.

 


 

STRATEGY FIVE : DOING THE BUSINESS IN HORNSBY MALL

 

Action No.

Action Description

Original Timeframe

Action to date

Financial Implications

5.1

Sustainable business practices

Medium term

(6 months to 2 years)

Currently being implemented in line with the framework associated with Council’s Sustainable Business Strategy 2007-2010 and Economic Development Strategy 2007-2011.

No financial implications identified to date.

5.2

Shop front improvements

Medium term

(6 months to 2 years)

Pilot program implemented over Christmas 2007 to encourage shop front improvements in partnership with Hornsby & District Chamber of Commerce and Industry Inc.

No financial implications identified to date.

5.3

Business Development Program

Medium term

(6 months to 2 years)

Funding allocated within 2008/09 Budget. To be implemented through integrated interdivisional workplans.

No financial implications identified to date.

5.4

Targeted tenancy strategy

Medium term

(6 months to 2 years)

Business profiling undertaken in partnership with Hornsby & District Chamber of Commerce and Industry Inc.

No financial implications identified to date.

5.5

Inward investment

Long term

(2 years to 5 years)

Currently being implemented in line with the framework associated with Council’s Economic Development Strategy 2007-2011.

No financial implications identified to date.

5.6

Local loyalty program

Medium term

(6 months to 2 years)

No action implemented in respect of this action at this point in time.

No financial implications identified to date.

5.7

Integrating Hornsby Town Centre

Long term

(2 to 5 years)

Funding allocated within 2008/09 Budget. Interdivisional workplans to be developed that will address this action in line with Council’s Economic Development Strategy 2007-2011.

No financial implications identified to date.

 


 

STRATEGY SIX: A HORNSBY MALL THAT FUNCTIONS WELL

 

Action No.

Action Description

Original Timeframe

Action to date

Financial Implications

6.1

(Priority

Six)

Leasing of Public space

Short term

(0 to 6 months)

Review of the Hornsby Mall Code progressing in line with expectations. Completion expected in second half of 2008.

No financial implications identified to date.

6.2

(Priority

Six)

Licences for public space

Short term

(0 to 6 months)

Review of the Hornsby Mall Code progressing in line with expectations. Completion expected in second half of 2008.

No financial implications identified to date.

6.3

Vehicle Access

Medium term

(6 months to 2 years)

To be considered as part of the review of the Hornsby Mall Code currently being undertaken under 6.1 and 6.2 above.

No financial implications identified to date.

6.4

Outdoor Dining Code

Short term

(0 to 6 months)

Council at the 12 August 2008 Ordinary meeting adopt the revised Hornsby Mall Outdoor Seating Code.

No financial implications identified to date.

6.5

(Priority

Six)

Permanent Markets

Medium term

(6 months to 2 years)

To be considered as part of the review of the Hornsby Mall Code presently being undertaken under 6.1 and 6.2 above.

No financial implications identified to date.

 

 


Hornsby Shire Council

Attachment to Report No. CC82/08 Page 56

 

12 month Activity Plan for Hornsby Mall-

Commencing September 2008

 

 

 

Weekly Activities

 

 

o One off activities booked through Mall Administration Officer

o Thursday Organic Market (9.00 am to 5.00 pm)

o Thursday Carillon (12.30 pm to 1.30 pm)

 

 

 

Fortnightly Activities

 

 

o Lunchtime on 1st and 3rd Tuesday: Ambient music (paid musicians)

 

 

Monthly Activities

 

 

o Wednesday or Friday: (local school choirs and bands)

 

 

Annual Activities

 

 

o Australia Day (on 26 January)

o Easter (March/April, Saturday week before Easter Saturday)

o Mothers Day (May, Saturday week before)

o Re-conciliation Day  (May)

o Fathers Day (September, Saturday week before)

o Hornsby Business Expo (September usually  2nd Friday)

o One World (8 November 2008)

o Christmas (two weeks in lead up to 24 December)

o Cultural Days (specific day dependant on group advice)

 

 

School Holidays: Activities To Be Determined As Appropriate

 

o September/October

o December

o April

o July

 

 


 

 

 

 

 

 

 

 

 

ATTACHMENT/S

 

REPORT NO. CC93/08

 

ITEM 5

 

1. Document Access Policy

2. Schedule of Documents

3. Processing Volume for Document Access Applications, November 2007 - September 2008

 

 


Hornsby Shire Council

Attachment to Report No. CC93/08 Page 58

 

 

POLICY REGISTER

HORNSBY SHIRE COUNCIL

“creating a living environment”

 

 

 

Policy Title:                                 document access

 

 

Folder Number:                               F2007/00307

 


Policy Owner / Division:                Corporate & Community Division

 

Policy Owner / Branch:                 Administration Services Branch

 

Function:                                           Governance

                                                           

                                                             

 

Relevant Legislation:                   Freedom of Information Act 1989 No. 5 (NSW) (See Sections  6, and 16 of this Policy)

 

                                                            Privacy and Personal Information Protection Act 1998 No. 133 (NSW) (See Section 15 of this Policy)

 

                                                            Health Records and information Privacy Act 2002 No. 71 (NSW) (See Section 17 of this Policy)

                 

 

Policy Adoption/Amendment Date:                               11 April 2007  Report Number:         CC11/07

 

Review Year:                                     2009

 

Amendment History:                       12th March 1997  (Report CC37/97)

                                                            9th July1997  (Report  CCD90/97)

                                                            8th April 1998 (Report CC38/98)

                                                            13th March 2002 (Report CC1/02)

                                                            9 March 2005 (Report CC6/05)

                                                            9 August 2006 (Report CC51/06)

                                                           

 

Related Policies:                           

    

                                                           

 

Policy Purpose / Objectives:


Hornsby Shire Council

Attachment to Report No. CC93/08 Page 59

 

1.         To facilitate timely public access to documents held by Council.

Policy Statement:

1.         Members of the public may inspect, free of charge, the current version of the documents listed in Section 12(1) of the Local Government Act.

 

2.         Members of the public may inspect, free of charge, preceding versions of the documents listed in Section 12(1) of the Local Government Act, if those versions are reasonably accessible.


 

3.         Members of the public may inspect any other Council documents free of charge, except:-

 

            a)         Where access to the document would, on balance, be contrary to the public interest (refer to Paragraph 4 of this Policy);

 

b)         Any part of a document dealing with personnel matters concerning particular individuals other than Councillors;

 

            c)         Any part of a document dealing with the personal hardship of any resident, ratepayer, or other person;

 

            d)         Any part of a document dealing with trade secrets;

 

            e)         Information which would, if disclosed, prejudice the maintenance of law;

 

            f)          Matters affecting the security of the Council, Councillors, Council staff or Council property;

 

            g)         Any part of a document dealing with a matter, the disclosure of which, would constitute an offence against an Act or found an action for breach of confidence;

 

            h)         Plans and specifications for any residential parts of a  building, other than plans that merely show its height and its external configuration in relation to the site on which it is erected, except where the applicant is the owner or the owner’s consent has been obtained  to view the plans and specifications;

 

            i)          Commercial information of a confidential nature which would, if disclosed, be likely to prejudice the commercial position of the person who supplied it; confer a commercial advantage on a competitor of the Council; or to reveal a trade secret;

 

            j)          Information which would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting, (or proposes to conduct) business;

 

            k)         Any part of a document that contains matter that would be privileged from production in legal proceedings on the ground of legal professional privilege.

 

4.         For the purposes of this policy Council has determined that it would, on balance, be contrary to the public interest to allow access to the following:

 

            a)         The name and address of a person contained in a council document, where that person has specifically requested that such details not be released, and where the Public Officer,  following consultation with that person,  has determined that the release of the details would be contrary to the public interest.  (NB:  where the name and address of a person is withheld, the content of the document may still be made available.)

 

            b)         Documents providing commercial information which, in  the opinion of Council’s Public Officer, if  released  could have an unreasonable adverse effect on  a person or organisation,   may jeopardise Council’s position in any future negotiations, or may jeopardise Council’s ability to obtain such information in the future.

 

            c)         Documents containing information which, in the opinion of Council’s Public Officer, if released could jeopardise Council’s position in relation to the negotiation of an insurance claim.

 

            d)         Tenders and expressions of interest lodged with Council and evaluation documentation, except so much of the information as is required to be made available under Part 7 of the Local Government (General) Regulations 2005; i.e. the name and amount of the successful tenderer.

 

            e)         The name and address of property owners and property sales information except where; the property owner is  the person requesting the information; an adjoining owner is requesting the information for fencing or other purposes allowed by statute; the information is contained on a public register which Council is required to maintain and make available for inspection in accordance with the Privacy and Personal Information Protection Act; the information is given out in the course of processing an application before Council; the information is required by another government agency to carry out a legitimate function of that agency; the information is obtained by inspecting a Council document under this Policy.

 

f)          Other documents the release of which, in the opinion of Council’s Public Officer, would, on balance, be contrary to the public interest.

 

 

Where access to a document is restricted in accordance with Paragraphs 3 and 4 of this Policy, the applicant will be advised in writing of the nature of the restricted document/s and the reason for the restriction.

 

5.         Where applications from individuals or groups under this Policy are considered to be excessive, or where the processing of applications would cause an unreasonable diversion of Council resources, Council may place specific limits on dealing with such applications.  In this regard, the demands of responding to requests may be considered excessive if:

 

a)         Access to more than ten single electronic documents or two single hard copy file parts is requested.

 

b)         More than three Document Access Applications in a three month period is lodged by an individual or group.

 

            Any rejection of Document Access Applications in accordance with the above may be the subject of an appeal to the General Manager or his delegate.

 

6.         Refusal to process applications under this Policy does not prevent the applicant from seeking access under the Freedom of Information Act (see Section 16 of this Policy)

           

7.         The processing time service goal for Document Access Applications is to be less than the time allowed for determination of an application under the Freedom of Information Act (currently 21 days).

 

8.         Copies of documents are available on request at the current copying charge except for the following documents, which cannot be copied:-.

 

            a)         The residential roll of electors;

 

            b)         The information sheets of candidates for election;

 

            c)         Building certificates, unless the consent of the owner of the building is obtained;

 

            d)         Bulk property information such as development consent registers, sales registers, etc unless the information is required by a government agency for statistical or other purposes consistent with the legitimate functions of that agency.

 

9.         Applicants may not alter a document or file in any way.  However, an applicant may request that a document containing their personal information be altered in accordance with Section 15 of the Privacy and Personal Information Protection Act, 1998 or Division 4 of the Health Records and Information Protection Act.

 

10.        Fees applicable to this policy shall be determined as part of the fees and charges for each year.

 

11.        Where Council invites or requests any person or organisation to provide information to Council including applications, submissions, comments, complaints or objections, the person or organisation will be advised of  the existence of this Policy,  the purpose for which the information is being collected by Council and the possibility that the information they provide to Council may be made available to a third party, subject to the public interest test as outlined in Clause 4 a) of this Policy.  Council will also provide relevant details of this policy in the form of a regular advertisement in local newspapers.

 

12.        Access to documents will be in accordance with relevant Council procedures.

 

13.        Council will review reasons for restrictions to access documents every three months in the form of a report to Council where required.

 

14.        Nothing in this policy requires Council to retain documents for any period beyond that specified in the General Records Disposal Schedule for Local Government.

 

Other Relevant Legislation.

 

15.        Applications for access or amendment to personal information in accordance with Sections 14 and 15 of the Privacy and Personal Information Protection Act 1998 will be dealt with under that Act, independently and distinct from the provisions of this policy.

 

16.       Applications for access or amendment to information made under Sections 17 and 35 of the Freedom of Information Act will be determined in accordance with the provisions of that Act, independently and distinct from the provisions of this policy.

 

17.        Applications for access or amendment to health information in accordance with Sections 26 and 33 of the Health Records and information Privacy Act will be dealt with under that Act, independently and distinct from the provisions of this policy.

 

 

 

 


Hornsby Shire Council

Attachment to Report No. CC93/08 Page 63

 

 

 

Schedule of Documents Not to be Released

 

Name: Mr Rost

 


File Reference: DA  0899/2001

Application No: 3494 – F2008/000010

#

Date of document

Type

From

To

Details

Code

1

16.05.2001

List

Council

File

List of names

BA

BA – The disclosure of this matter would constitute an offence against an Act or found an action for breach of confidence. (Policy3.g)

It is considered that the release of certain information constitutes an offence under the Privacy and Personal Information Protection Act and/or the Health Records Information Protection Act.

 

Name: Mr Rajasingam

 


File Reference: DA 1367/1998

Application No: 3662 – F2008/000010

#

Date of document

Type

From

To

Details

Code

1

24.11.1998

List

Council

File

List of names and addresses

BA

BA – The disclosure of this matter would constitute an offence against an Act or found an action for breach of confidence. (Policy 3.g)

It is considered that the release of certain information constitutes an offence under the Privacy and Personal Information Protection Act and/or the Health Records Information Protection Act.

 

Name: Mr Song

 


File Reference: DA 385/1992

Application No: 3667 – F2008/000010

#

Date of document

Type

From

To

Details

Code

1

15.07.1992

Report

Council

File

List of names and addresses

BA

BA – The disclosure of this matter would constitute an offence against an Act or found an action for breach of confidence. (Policy 3.g)

It is considered that the release of certain information constitutes an offence under the Privacy and Personal Information Protection Act and/or the Health Records Information Protection Act.

 

 

 

 

Name: Mr Guy

 


File Reference: DA 530/1993

Application No: 3670 – F2008/00010

#

Date of document

Type

From

To

Details

Code

1

03.08.1993

Plan

Applicant

Council

Residential Floor Plan

RP

2

02.09.1993

List

Council

File

List of names and addresses

BA


File Reference: BA 1670/1993

Application No: 3670 – F2008/00010

#

Date of document

Type

From

To

Details

Code

3

03.08.1993

Plan

Applicant

Council

Residential Floor Plan

RP

BA – The disclosure of this matter would constitute an offence against an Act or found an action for breach of confidence. (Policy3.gIt is considered that the release of certain information constitutes an offence under the Privacy and Personal Information Protection Act and/or the Health Records Information Protection Act.

  RP – plans contained in building and development applications for any residential parts of a proposed building, other than plans that show the height and external configurations of the building in relation to the site on which it is proposed to be erected. (Policy 3.h).

 

Name: Mrs Hill

 


File Reference: PP 001402

Application No: 3672 – F2008/00010

#

Date of document

Type

From

To

Details

Code

1

Feb 1989

Plans

Applicant

Council

Floor Plans

RP

2

15.07.1998

Letter

Michell Sillar Attorneys

Council

Legal Advice

PR

3

01.09.1998

File Note

Council

File

Personal Information

BA

4

30.06.2001

Letter

Council

Applicant

Animal Registration details

 

BA

5

30.07.2001

Letter

Council

Applicant

Animal Registration details

BA

6

17.12.2002

Letter

Council

Applicant

Animal Registration details

BA

7

13.11.1985

Report

Council

File

Personal Information

BA

8

13.10.1987

Memo

Council

File

Personal Information

BA

9

20.10.1987

Memo

Council

File

Personal Information

BA

10

27.11.1991

Letter

Council

Applicant

Animal Registration details

BA

11

15.11.1991

Letter

Council

Applicant

Animal Registration details

BA

12

31.10.1991

Letter

Applicant

Council

Animal Registration details

BA

13

29.01.1982

Memo

Council

File

Animal Registration details

BA

BA – The disclosure of this matter would constitute an offence against an Act or found an action for breach of confidence. (Policy 3.g)

It is considered that the release of certain information constitutes an offence under the Privacy and Personal Information Protection Act and/or the Health Records Information Protection Act.

PR – Contents of the document are not released on the grounds of legal professional privilege. (Policy 3.k)

RP – plans contained in building and development applications for any residential parts of a proposed building, other than plans that show the height and external configurations of the building in relation to the site on which it is proposed to be erected. (Policy 3.h).

 

Name: Mrs D’Souza

 


File Reference: DA 899/2003

Application No: 3674 – F2008/000010

#

Date of document

Type

From

To

Details

Code

1

22.05.2003

Report

Council

File

List of names and addresses

BA

BA – The disclosure of this matter would constitute an offence against an Act or found an action for breach of confidence. (Policy 3.g)

It is considered that the release of certain information constitutes an offence under the Privacy and Personal Information Protection Act and/or the Health Records Information Protection Act.

 

Name: Mrs Leaves

 


File Reference: DA 567/1993

Application No: 3683 – F2008/00010

#

Date of document

Type

From

To

Details

Code

1

24.08.1993

Plan

Applicant

Council

Residential Floor Plan

RP

2

31.08.1993

List

Council

File

List of names and addresses

BA

BA – The disclosure of this matter would constitute an offence against an Act or found an action for breach of confidence. (Policy3.gIt is considered that the release of certain information constitutes an offence under the Privacy and Personal Information Protection Act and/or the Health Records Information Protection Act.

  RP – plans contained in building and development applications for any residential parts of a proposed building, other than plans that show the height and external configurations of the building in relation to the site on which it is proposed to be erected. (Policy 3.h).

 

Name: Mr Durban

 


File Reference: PP 003036

Application No: 3695 F2008/00010

#

Date of document

Type

From

To

Details

Code

1

19.01.1999

Letter

McKees Legal  solutions

Council

Legal Information

PR

2

19.01.1999

Letter

McKees Legal  solutions

Council

Legal Information

PR

3

08.02.1999

File Note

Compliance Officer

Council

Legal Information

PR

4

09.02.1999

Letter

McKees Legal  solutions

Council

Legal Information

PR

Information Protection Act.

PR – Contents of the document are not released on the grounds of legal professional privilege. (Policy 3.k)

 

Name: Ms Awberry

 


File Reference: D00026096

Application No: 3742 – F2008/00010

#

Date of document

Type

From

To

Details

Code

1

18.07.2004

Letter

Resident

Council

Personal Information

BA

BA – The disclosure of this matter would constitute an offence against an Act or found an action for breach of confidence. (Policy3.g)

It is considered that the release of certain information constitutes an offence under the Privacy and Personal Information Protection Act and/or the Health Records

 

Name: Mr Christopher & Mrs Thangasamy

 


File Reference: DA 326/2003

Application No: 3790 – F2008/00010

#

Date of document

Type

From

To

Details

Code

1

November 2002

Plan

Applicant

Council

Internal Floor Plans

RP

2

November 2002

Plan

Applicant

Council

Internal Floor Plans

RP

3

November 2002

Plan

Applicant

Council

Internal Floor Plans

RP

RP – plans contained in building and development applications for any residential parts of a proposed building, other than plans that show the height and external configurations of the building in relation to the site on which it is proposed to be erected. (Policy 3.h).

 

Name: Mr Stitt

 


File Reference: DA/342/1998

Application No: 3812 – F2008/00010

#

Date of document

Type

From

To

Details

Code

1

08.07.1998

List

Council

File

Names and addresses

BA

2

09.07.1998

List

Council

File

Names and addresses

BA

3

18.08.1998

List

Council

File

Names and addresses

BA

4

21.08.1998

List

Council

File

Names and addresses

BA

5

03.09.1998

List

Council

File

Names and addresses

BA

6

02.06.1999

List

Council

File

Names and addresses

BA

7

20.10.1999

List

Council

File

Names and addresses

BA

8

13.07.2004

List

Council

File

Names and addresses

BA

9

30.07.2004

List

Council

File

Names and addresses

BA

10

19.10.2005

List

Council

File

Names and addresses

BA

11

10.05.2000

Memo

Council

File

Legal Advice

PR

12

15.05.2000

Memo

Council

File

Legal Advice

PR

13

23.05.2000

Memo

Council

File

Legal Advice

PR

14

01.06.2000

Memo

Council

File

Legal Advice

PR

15

21.06.2000

Memo

Council

File

Legal Advice

PR

16

20.09.2000

Memo

Council

File

Legal Advice

PR

BA – The disclosure of this matter would constitute an offence against an Act or found an action for breach of confidence. (Policy 3.g)

It is considered that the release of certain information constitutes an offence under the Privacy and Personal Information Protection Act and/or the Health Records Information Protection Act.

PR – Contents of the document are not released on the grounds of legal professional privilege. (Policy 3.k)

 

Name: Mr Moretti

 


File Reference: DA 2542/2000 Part 1

Application No: 3852 – F2008/00010

#

Date of document

Type

From

To

Details

Code

1

18.01.2001

List

Council

File

List of names

BA


File Reference: DA 2542/2000 Part 2

Application No: 3852 – F2008/00010

#    

Date of document

Type

From

To

Details

Code

2

28.02.2001

Form

Council

Walter Constructions

Business Information

CP


File Reference: DA 2542/2000 Part 3

Application No: 3852 – F2008/00010

#

Date of document

Type

From

To

Details

Code

3

27.03.2002

List

Council

File

List of names

BA

BA – The disclosure of this matter would constitute an offence against an Act or found an action for breach of confidence. (Policy3.g)

It is considered that the release of certain information constitutes an offence under the Privacy and Personal Information Protection Act and/or the Health Records

CP – Commercial information of a confidential nature which would, if disclosed, be likely to prejudice the commercial position of the person who suppled it;  confer a commercial advantage on a competitor of the Council, or to reveal a trade secret. (Policy 3.i)

 

 

 

 

REASONS FOR EXEMPTION FROM RELEASE

 

YD – Not Yet Determined. Please note that access regarding this document has not yet been determined.

 

PS – This document deals with the personnel matters concerning particular individuals (Policy 3.b). In this instance the contents of the document have been released and reference to the personnel information has been deleted. The information is purely personnel information.

 

PH – This document deals with the personal hardship of a resident or ratepayer. (Policy 3.c)

 

TS – The document contains information dealing with Trade Secrets. (Policy 3.d)

 

PL – The information would, if disclosed, prejudice the maintenance of law. (Policy 3.e)

 

SC – The information contains matters affecting the security of the Council, Councillors, Council staff or Council property. (Policy 3.f)

 

BA – The disclosure of this matter would constitute an offence against an Act or found an action for breach of confidence. (Policy3.g) It is considered that the release of certain information constitutes an offence under the Privacy and Personal Information Protection Act and/or the Health Records Information Protection Act.

 

RP – plans contained in building and development applications for any residential parts of a proposed building, other than plans that show the height and external configurations of the building in relation to the site on which it is proposed to be erected. (Policy 3.h).

 

CP – Commercial information of a confidential nature which would, if disclosed, be likely to prejudice the commercial position of the person who suppled it;  confer a commercial advantage on a competitor of the Council, or to reveal a trade secret. (Policy 3.i)

 

CA – Information which would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. (Policy 3.j)

 

PR – Contents of the document are not released on the grounds of legal professional privilege. (Policy 3.k)

 

PI (n,a) – Policy 4 (a) – Where access to the document would be contrary to the public interest.   The author specifically requested that the name and address details not be released and following discussions with the author, it was considered that on balance, access to these details would be contrary to the public interest.

 

Note:  A request that a document remain in confidence does not necessarily mean that the document will be exempt from release, however if information which the author has specifically requested remain confidential was released, it may prejudice the ability of Council to obtain such information in the future. On balance, it was in the public interest to release the nature of the complaint, whilst deleting all references to the identity of the complainant.

 

PI (fn) – Policy 4(b) – Where access to the document would be contrary to the public interest.   The documents provide commercial information.    Should this information be released it may jeopardise Council’s position in any future negotiations. On balance access to these documents would be contrary to the public interest.

 

PI(cc) – Policy 4(b)– Where access to the document would be contrary to the public interest. The information provided to Council contains commercial information provided to Council in confidence. Should this information be released it may jeopardise Council’s ability to obtain such information in the future.  On balance access to these documents would be contrary to the public interest.

 

PI(pf) – Policy 4(a) – Where access to the document would be contrary to the public interest. The information provided to Council contains private financial information with specific account details. The information is purely personal information, and as such the public interest would not be served by its release.  On balance access to these documents would be contrary to the public interest. 

 

PI(ic) Policy 4(c) - Where access to the document would be contrary to the public interest. On balance access to these documents would be contrary to the public interest.   It is considered that release of the information could jeopardise Council’s position in relation to the negotiation of any insurance claim. Indeed, releasing the information may jeopardise Council’s coverage position with its insurance broker.

 

PI(td) – Policy 4(d) -  Tenders and expressions of interest lodged with Council and evaluation documents, except name and amount of the successful tenderer and the names of all other tenderers.

 

(PS) – Policy 4(e) – The name and address of property owners and property sales information except where; the property owner is the person requesting the information; an adjoining owner is requesting the information for fencing or other purposes allowed by statute; the information is contained on a public register which Council is required to maintain and make available for inspection in accordance with the Privacy & Personal Information Protection Act; the information is given out in the course of processing an application before Council; the information is required by another government agency to carry out a legitimate function of that agency; the information is obtained by inspecting a Council document under this policy.

 

PI(cr) – Policy 4(f) – Access to documents the release of which, in the opinion of Council’s Public Officer would, on balance, be contrary to the public interest or would cause an unreasonable diversion of Council resources.

 

General Manager (GM) - Some applications are dealt with directly by the General Manager.  In these instances the applications are registered under Council's Document Access Policy and responded to personally by the General Manager.

 

 


Hornsby Shire Council

Attachment to Report No. CC93/08 Page 70

 

 


 

 

 

 

 

 

 

 

 

ATTACHMENT/S

 

REPORT NO. CC95/08

 

ITEM 7

 

1. Outstanding Resolutions - as at 31 May 2008

 

 


Hornsby Shire Council

Attachment to Report No. CC95/08 Page 72

 

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.

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

ATTACHMENT/S

 

REPORT NO. CC96/08

 

ITEM 8

 

1. Report No CC06/08 - Status Report CCTV Proposal for Hornsby Mall

 

 


Hornsby Shire Council

Attachment to Report No. CC96/08 Page 84

 













 


 

 

 

 

 

 

 

 

 

ATTACHMENT/S

 

REPORT NO. CC97/08

 

ITEM 9

 

1. Social Plan Report Card

 

 


Hornsby Shire Council

Attachment to Report No. CC97/08 Page 98

 
















 


 

 

 

 

 

 

 

 

 

ATTACHMENT/S

 

REPORT NO. CC98/08

 

ITEM 10

 

1. HSC Borrowings Schedule as at 30 Sep 2008

2. September 2008 Council Investment report

 

 


Hornsby Shire Council

Attachment to Report No. CC98/08 Page 115

 

 


Hornsby Shire Council

Attachment to Report No. CC98/08 Page 116

 


 


 

 

 

 

 

 

 

 

 

ATTACHMENT/S

 

REPORT NO. CC100/08

 

ITEM 12

 

1. Review of Performance Sept 08

2. Review of Budget Sept 08

 

 


Hornsby Shire Council

Attachment to Report No. CC100/08 Page 119

 

Corporate performance for the first quarter of 2008/09

 

Welcome to the September quarter for 2008/09. 

 

Local Government elections were held at the end of the quarter. The Mayor, Councillor Nick Berman, and Councillors McMurdo, Browne and Evans returned for a further term of office.  Six newly elected representatives assumed office for the new term of Council until September 2012.

 

Council’s community donations program provides financial assistance to support community development, and in August council provided just over $64,000 to 55 community groups or organisations based in the Hornsby Shire or groups who provide assistance and support to residents of the shire.  Council also supports community groups and organisations by subsidising or foregoing rental of its community centres, halls and other facilities including sportsfields and it is estimated this equated to over $2.5 million in 2007/08.

 

In this quarter council’s Epping Library was announced as winner of the 2008 Northern District Times True Local Business Awards.

Epping Library was nominated for the award by the general public and gained sufficient votes to be one of the finalists. The Library then completed a questionnaire covering services, teamwork, attracting customers, green footprint, future plans etc.  The Library was also visited by a mystery customer to test the level of customer service. The highest combination of scores from votes, questionnaire and mystery customer determined the winner.  It is very gratifying to know that the staff’s hard work in providing a customer focussed service is appreciated by the public.

 

Council continued its commitment to sustainability by joining the “Sustainable Choice” program, an initiative of the Local Government and Shires Association to promote the purchase of products and services that are more sustainable.  The program provides support and guidance to councils on products and services that save water or energy, contain recycled content, are non toxic, have greenhouse or biodiversity benefits or advance social objectives.  The purpose is to ‘mainstream’ the level of sustainable purchasing by integrating it into everyday purchasing systems.

 

Last year council undertook a major project to conserve Bar Island’s heritage at a cost of $38,000 with assistance from the Department of Planning. The project included the repair of broken headstones and the construction of a path for visitors. It also involved an archival recording of the site, an Aboriginal site survey and the removal of weeds.  In this quarter that work was recognised by being awarded the Keep Australia Beautiful (NSW) 2008 Sustainable Cities Award for Heritage Management by a Metropolitan Council.  The award celebrates council’s heritage management across the shire, especially its work to conserve the natural, built and Aboriginal heritage of Bar Island cemetery.

 

Financial performance for the first quarter of 2008/09

The Net Operating and Capital Result after internal and external funding for the three months to 30 September 2008 was a positive result of $36,521,868 which was $718,291 better than budget. The reason for the large positive figure is the recognition of the total rates and charges as they are levied. Consequently during the year, this income (as opposed to the cash received) remains relatively constant while expenditure increases throughout the year. The positive variance to budget reflects timing differences in the phasing of the budget and accruals not reflected in the actuals.

 

All Divisions reviewed their full year budgets in September and this has resulted in requests for funding totalling $216,218 for circumstances that have changed since the original budget for 2008/09 was prepared then adopted over six months ago. This would take our revised budget to a deficit of $310,018. 

 

Despite the volatility in the financial markets, Council has not had to lower its investments returns this quarter however the economic situation remains a concern and will be monitored closely. 

 

Every effort is being made to reduce the budget deficit.  Potential cost savings are being investigated and any confirmed savings will be brought to account in the December budget review.

 

 

ROBERT BALL

GENERAL MANAGER


Strategic Themes – performance indicators

Indicators with a GRI (Global Reporting Initiative) number are part of our suite of sustainability indicators.  Over time these indicators will enable us to track our performance against other public agencies.

Working with our community

Target

Result

% of respondents at public meetings satisfied with the level of engagement in matters of discussion  - GRI SO5

 

85% or more

No public meeting surveys were undertaken in the quarter

The number of people supported through the home modification and maintenance service

700 or more people per year

582 people supported this quarter

The number of young people contacted by Youth Services

3,000 per year

750 young people contacted

Donations to community, civil society and cash-in-kind– GRI EC1

 

·      Subsidised and foregone property rental - $541,198

·      Sporting ground subsidies = $1,883,068

·      Donations to community groups = $64,269

·      Pensioner rates write offs = $762,864

Information, no target

Annual Indicator – from 2007/08

 

Annual Report total donations as per column on left = $3,251,399

 

The number of people addressing Council at its meetings - GRI SO5

Information indicator, no target

150 people addressed Council in the September 08 quarter

The number of community members participating in council sustainability activities or related education

1,500 people or more per year

Gardens for Wildlife = 52 participants

14 Bushland events = 515 participants

550 plants sent to 21 schools for planting, plus 125 volunteers planted 1,110 plants at 3 sites for

National Tree Day

The number of community panels convened and topics researched – GRI PR5

 

(The Community Consultation Database currently has over 1170 registered participants.  Of these, some 750 have an e-mail address registered)

 

Information indicator, no target

 

The database was not used for the conduct of on-line, random telephone or postal surveys during the reporting period. 

It was used to:

-remind participants about the local government elections and advise them of their voting rights and obligations.

 

-advise participants about the Hornsby Council 2008 Country and Garden Fair at Galston. 

 

The type of events and attendance at events hosted through the Aboriginal Community Facilitator Project

4 events per year

Reporting will commence in the second quarter of 2008/09

 

Conserving our natural environment

Target

Result

Percentage of water consumption reduction achieved through council’s initiatives for its own operations (compared to council’s average annual consumption from 1999 to 2002) – GR1 EN10

 

20% by 2011

This indicator will be reported in 2011

Percentage of water consumption reduction achieved through council’s initiatives for the community (compared to the shire’s average annual consumption from 1999 to 2002) – GR1 EN10

18% by 2011

This indicator will be reported in 2011

Percentage of area of bushland in the active care of council and the community compared to total bushland under council management – GRI EN11

12.2%

Annual Indicator - from 2007/08 Annual Report

10.8% in 2007/08

Percentage of greenhouse gas reduction achieved, compared to 1995/96 levels, through council’s initiatives for its own operations – GRI EN18

30% by 2010

Annual Indicator - from 2007/08 Annual Report

29% reduction on 95/96 levels

Percentage of greenhouse gas reduction achieved, compared to 1995/96 levels, through council’s initiatives for the community – GRI EN18

5% by 2010

Annual Indicator - from 2007/08 Annual Report

4% reduction on 95/96 levels

Percentage of domestic waste material, by weight, collected by council going to landfill – GRI EN22

42% or less

46.8% of waste to landfill this quarter

Tonnes of recycling diverted from landfill – GRI EN22

18,492 tonnes

4,398 tonnes of recycling diverted this quarter

Tonnes of green waste diverted from landfill – GRI EN22

14,340 tonnes

3,484 tonnes of green waste diverted this quarter

Percentage of monitored healthy waterways within the shire  - GRI EN25

Council monitors representative creeks across the shire.  This target aims for half of the shire’s waterways to be classified as healthy

50%

Annual Indicator – from 2007/08 Annual Report

50% in 2007/08

Number of programs implemented in progression to sustainable corporate governance – GRI EN26

30 programs

Annual Indicator – from 2007/08 Annual Report

More than 30 programs

 

Contributing to community development through sustainable facilities and services

Target

Result

The number of incidents and removal expenditure for vandalism and graffiti compared to same time previous year –* new indicator, target comparisons will be included when sufficient data available

*Less incidents than previous year

Graffiti – 339 incidents costing $19,200 to remove

Vandalism – 61 incidents costing $22,400 to repair

The maintenance expenditure on sealed roads, unsealed roads, footpaths and drains

·      Sealed roads = $8,100 per year

·      Unsealed roads = $11,500 per year

·      Footpaths $2,200 per km per year

·      Drainage $3,600 per km per year

Completion within budget

Year to date

·  Sealed roads = $1,390

·  Unsealed roads = $2,940