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Hornsby Shire Council |
Attachment to Report No. CC95/08
Page 0 |
GENERAL MANAGER’S DIVISION
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Item |
Report |
Outstanding Resolutions |
Latest Status |
Comment |
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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 |
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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
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Item |
Report |
Outstanding Resolutions |
Latest Status |
Comment |
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3. |
CC49/02 ORDINARY MEETING 12/06/2002 |
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 4. The General Manager investigate
the like Agreement with |
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 |
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4. |
CC61/07 ORDINARY MEETING 13/06/2007 PROPOSALS FOR A COMMUNITY HALL IN |
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 5. The
status quo be maintained in respect of 6. Council
reject the offer to upgrade and utilise the Brooklyn Masonic Hall. 7. Council
continue to lease Nos. 8 and |
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. |
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5. |
CC78/07 ORDINARY MEETING 8/08/2007 UPGRADE OF |
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 3. Subject
to 2. above, Council proceed with the upgrade of the building at 4. Once
the lease with HKH is finalised and the upgrade of 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 |
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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
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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. |
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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. |
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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. |
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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. |
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STRATEGY DIVISION
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Item |
Report |
Outstanding Resolutions |
Latest Status |
Comment |
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11. |
ST13/06 ORD 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: |
(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 |
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12. |
ST18/07 ORD REVIEW OF POLICIES & CODES -
STRATEGY DIVISION Date: |
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
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Item |
Report |
Outstanding Resolutions |
Latest Status |
Comment |
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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. |
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14. |
WK14/08
12/03/08 PROPOSED
EXTENSION OF HIGH STREET BEROWRA INTO
CROWN RESERVE R33756 ( (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. |
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Matter in abeyance pending
further negotiations with owner. |
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15. |
WK15/08
09/04/08 SINGLETON
ROAD WISEMAN’S FERRY – (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. |