ATTACHMENTS
Ordinary Meeting
Wednesday, 12 November, 2008
at 6:30 pm
Attachments |
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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
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
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
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
Attachment 2: ... Report and Assessment of Compensation -
Easement for Proposed Underground 132kV Cable - Property known as Lot 197 and
Attachment 3: ... Valuation report - electricity easement -
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 -
Attachment 1: ... Carpark Patrol Agreement:
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 |
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.
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) |
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
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 |
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. |
Attachment to
Report No. CC82/08 Page 56 |
12 month
Activity Plan for
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
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 |
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.
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.
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 |
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 |
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. |
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 |
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 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 |
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
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 ( (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 – (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 |
ATTACHMENT/S REPORT NO.
CC98/08 ITEM 10 1. HSC Borrowings
Schedule as at 30 Sep 2008 2. September 2008
Council Investment report |
ATTACHMENT/S REPORT NO.
CC100/08 ITEM 12 1. Review of Performance
Sept 08 2. Review of Budget Sept
08 |
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
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
Working with
our community |
Target |
Result |
% of respondents at public
meetings satisfied with the level of engagement in matters of discussion - |
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– · 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 - |
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 – (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 – |
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 – |
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 – |
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 – |
42%
or less |
46.8% of waste to
landfill this quarter |
Tonnes of recycling diverted
from landfill – |
18,492
tonnes |
4,398 tonnes of
recycling diverted this quarter |
Tonnes of green waste diverted
from landfill – |
14,340
tonnes |
3,484 tonnes of
green waste diverted this quarter |
Percentage of monitored healthy
waterways within the shire - 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 – |
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 · |