Attachments   Ordinary Meeting   Wednesday, 8 April, 2009 at 6:30 pm

 

 

 

 

 

 

 

 

 

Hornsby Shire Council	Attachments

TABLE OF CONTENTS

 

     

Corporate and Community Division

3        CC12/09              Review of Policies and Codes - Corporate and Community Division

Attachment 1: ... Administration Services Branch - Part 1

Attachment 2: ... Administration Services Branch - Part 2

Attachment 3: ... Financial Services Branch

Attachment 4: ... Information Systems Branch

Attachment 5: ... Community Services Branch

Attachment 6: ... Library and Information Services Branch

6        CC23/09              Draft Disability Discrimination Act Action Plan - Feedback from Public Exhibition.

Attachment 1: ... Draft Disability Discrimination Act Action Plan 2009

8        CC25/09              February 2009 Investment and Borrowing Report

Attachment 1: ... February 2009 Council Investment Report

Attachment 2: ... HSC Borrowings Schedule as at 28 February 2009

Attachment 3: ... Council Investment Strategy  March 13 2009

9        CC26/09              Document Access Applications 26 January 2009 - 20 March 2009

Attachment 1: ... Document Access Policy

Attachment 2: ... Schedule of Documents

Attachment 3: ... Processing Volume for Document Access Applications

10      CC27/09              Outstanding Council Resolutions

Attachment 1: ... Outstanding Council Resolutions - as at 30 November 2008  

Strategy Division

12      ST3/09                 Councilllors Strategic Planning Weekend February 2009

Attachment 1: ... The Miller Group Final Report

13      ST4/09                 Draft Outdoor Dining Code

Attachment 1: ... Draft Outdoor Dining Code 2009

14      ST5/09                 Local Government Filming Protocol

Attachment 1: ... Local Government Filming Protocol - 2009      

   

 

 

 

 

 

 

 

Hornsby Shire Council

Attachment to Report No. CC12/09 Page 1

 

 

Hornsby Shire Council

Attachment to Report No. CC12/09 Page 102

 

 

Hornsby Shire Council

Attachment to Report No. CC12/09 Page 158

 

 

Hornsby Shire Council

Attachment to Report No. CC12/09 Page 180

 

 

Hornsby Shire Council

Attachment to Report No. CC12/09 Page 181

 

 

Hornsby Shire Council

Attachment to Report No. CC12/09 Page 194

 

 

 

 

 

 

 

 

 

Hornsby Shire Council

Attachment to Report No. CC23/09 Page 214

 

 

 

 

 

 

 

 

 

Hornsby Shire Council

Attachment to Report No. CC25/09 Page 234

 

 

Hornsby Shire Council

Attachment to Report No. CC25/09 Page 236

 

 

Hornsby Shire Council

Attachment to Report No. CC25/09 Page 237

 

 

Council Investment Strategy	March 13 2009
This document outlines Hornsby Shire Council’s Strategy for the investment of surplus funds.		Version 1.1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Investment Objectives

 

The purpose of this Strategy is to establish the risk management framework that Hornsby Shire Council adopts in investing surplus funds that are not required to meet immediate operational and capital expenditure.  The overall investment objective of Council is to ensure the security of investments through the prudent management of investment risks while maximising returns.

 

Council therefore has two primary objectives for its investment portfolio:

·   The preservation of the amount invested; and

·   To generate income from the investment that exceeds the 11 am cash rate from time to time.

Authority for Investment

All investments are to be made in accordance with:

·   Local Government Act 1993 - Section 625;

·   Local Government Act 1993 - Order (of the Minister) dated 31 July 2008;

·   The Trustee Amendment (Discretionary Investments) Act 1997 – Sections                                                                                                                                                                                                                      14A(2), 14C(1) & (2);

·   Local Government General Regulation 2005; and

·   Department of Local Government Circular 08-48.

·   Hornsby Shire Council Investment Policy

 

Implementation

This Investment Strategy sets out the intended approach to investments in market conditions that are expected to prevail over the medium to long term investment horizon.  However, there will be periods, sometimes sustained, where “normal” market conditions do not apply.  For example, periods where short term interest rates are higher than long term interest rates, or investments of similar credit quality offer different yields due to liquidity differences.  In these circumstances, the investment approach taken at a given point in time may vary from strategy. Where this occurs, it is incumbent on Council’s advisors to explain the rationale for this variation as part of its recommendations to the Council executive and/or elected Councillors.

Investment Management Practices

The following investment management practices will be undertaken with the applicable outcomes and objectives in mind.

Risk Area	Outcomes & Objectives
Investment Policy Compliance	The portfolio is at all times compliant with Council’s Investment Policy and relevant regulation pertaining to Local Government.
Liquidity	Under this Investment Strategy, Council shall at all times maintain sufficient funds in “Working Capital” to meet the anticipated liabilities of Council for the following 90 days. In addition, sufficient capital shall be retained in Short Term Assets to meeting Council’s funding requirements, net of anticipated borrowings, for the following 3 to 12 month period. Medium and long-term investments will have varying degrees of liquidity.  An early exit from these investments may result in incurring penalties. Regular reviews of Council’s allocation to these investments relative to Council’s underlying investment horizons should minimize the risk of having to exit an investment in adverse market conditions.  Exposure to medium and long-term investments will be limited to the proportion of the portfolio identified for these investment horizons.
Security	Working Capital Funds, Short Term Funds and Short – Medium Term Funds (as defined in this document) are to be invested to target capital (principal) security over their nominated investment horizon to an extremely high probability level.  Medium Term Funds and Long Term Funds (as defined in this document) are to be invested to target capital (principal) security over their nominated time horizon, and assuming they are held to maturity, to a high probability level. This is achieved through investing in products of minimal credit risk and matching term to available investment term. Where possible, investments with external guarantees are preferred.

 

Income	As a minimum that Council’s requirement for investment income as quantified in operational budgets is provided for.
Total Return	Having provided for liquidity, security and income needs, total returns on Council funds are maximized with the view of achieving the stated investment objective.

Risk Management

All investments carry a trade-off between risk, liquidity and return.  Further, risks can either be amplified or reduced when investments are combined within a portfolio.  To address these risks the following mechanisms are in place:

·   Council’s investment policy is the key risk control document.  This will be complied with at all times.

·   Council has determined a list of Investment Types that may be used for Council funds.  These are set out in the table under “Portfolio Construction”.

·   Council will manage its Counterparty risk by limiting the amount invested in any one financial institution to no more than 30% of the total portfolio balance.

·   Council will receive professional assistance with evaluation and monitoring of longer term investments to ensure they will meet Council needs.  The advisor shall also assist Council to ensure that the commercial terms on which Council is offered investments by fund managers, issuers and brokers is fair and reasonable.

·   Council will be limited to investing with financial institutions that have an Australian Banking Licence and are regulated by the Australian Prudential Regulation Authority (APRA).

·   Council will receive professional assistance with portfolio construction so that:

8   The overall risk of the portfolio can be appropriately assessed.

8   The portfolio can be adjusted over time as circumstances warrant.

8   Regulatory changes are accommodated.

8   This Investment Strategy can be properly reviewed from time to time and recommendations made for improvement where required.

 

Portfolio Construction

The Investment Strategy shall be developed to support Council’s investment objectives for liquidity, security and return.

Council’s investment portfolio strategy shall be built around allocation of Council funds into appropriate categories based on time horizon of investment.  Within each time horizon, funds shall be allocated amongst approved investment types.  The investment categories, and approved forms of investment within each, are set out in the following table.

 

 

 

 

 

 

Investment Category & Net Performance Target	Investment Horizon	Investment Types	Comments	Benchmark
Working Capital Cash Rate	0-3 months	11 am call accounts Term deposits in ADIs TCorp cash facility	Funds need to be available at short notice. With exception of call account funds should be diversified to take advantage of the Federal Government  Deposit Guarantee and minimise counterparty risk.	11am Indicative Cash Rate
Short Term Funds >benchmark	3-12 months	Term deposits in ADIs	Should be diversified to take advantage of the Federal Government  Deposit Guarantee and minimise counterparty risk.	11am Indicative Cash Rate
Short-Medium Term Funds >benchmark	1-2 years	Term deposits in ADIs	Should be diversified to take advantage of the Federal Government  Deposit Guarantee and minimise counterparty risk.	11am Indicative Cash Rate
Medium Term Funds >benchmark	2-5 years	Capital Guaranteed Structured Products   Collateralised Debt Obligations   TCorp Long Term Growth Facility	Currently suspended – hold to maturity     Currently suspended – hold to maturity	UBSA Bank Bill Index       UBSA Bank Bill Index     Morningstar Growth Net Fund Median
Long Term Funds >benchmark	5 years plus	Capital Guaranteed Structured Products   Collateralised Debt Obligations   TCorp Long Term Growth Facility	Currently suspended – hold to maturity     Currently suspended – hold to maturity	UBSA Bank Bill Index       UBSA Bank Bill Index     Morningstar Growth Net Fund Median

 

Allocation of Funds

The Target Asset Allocation (TAA) will be determined by Council from time to time having regard to the economic conditions that are prevalent.  The following table outlines the present TAA adopted by Council.  The TAA will be established between the minimum and maximum allocation range shown in the table below.

 

 

 

Investment Category	Investment Horizon	Minimum Allocation	Maximum Allocation
Working capital funds	0-3 months	10.0%	100.0%
Short term funds	3-12 months	20.0%	100.0%
Short-Medium term funds	1-2 years	0%	70.0%
Medium term funds	2-5 years	0%	50.0%
Long term funds	5 years	0%	25.0%

 

 

Rebalancing

Each investment category will be re-balanced back to the target asset allocation weight at least quarterly.  The tolerance range outside of the target asset allocation is reflected in the table below.

Investment Category	Tolerance range outside of target asset allocation
Working capital funds	+ 10.0%
Short term funds	+ 10.0%
Short-Medium term funds	+ 7.5%
Medium term funds	+ 7.5%
Long term funds	+ 5.0%

Benchmarking and Monitoring

Each investment in the portfolio is to be evaluated and monitored against a performance benchmark appropriate to the risk and time horizon of the investment concerned.  The objective is to ensure that all investments considered can deliver a level of return commensurate with their risk profile and that they are competitive with an appropriate peer group of alternative investment options. 

The performance of each investment will be assessed against the benchmarks listed in the table below.  It is Councils expectation that the performance of each investment will be greater than or equal to the applicable benchmark.

 

Investment	Performance Benchmark
Cash/Term Deposits	11am Indicative Cash Rate
Cash Enhanced Funds/ FRN’s, CDO’s, Capital Guaranteed Products	UBSA Bank Bill Index
NSW T-Corp Long Term Growth Facility	Morningstar Growth Net Fund Median

 

 

 

 

Minister’s Order

Following the release of the Cole Report in April 2008, the Department of Local Government issued Circular 08-10 advising that the NSW Government has adopted all 8 recommendations. These recommendations can be summarised as follows:

8   All investment instruments be defined to include principal and interest income

8   Grandfather the right to retain existing investments that will no longer be eligible

8   Exclude manufactures and distributors of investment products from acting as investment advisors to councils

8   Suspend council’s right to utilise specific credit ratings until December 2009

8   Retain a partial deregulation model for governing local government investments

8   Ensure councils are better aware of their investment obligations

8   Tighten the current Minister’s Investment Order to limit investment options

8   Issue investment policy guidelines for councils

 

Given the grandfathering provisions contained in the Department of Local Government Circular 08-10 Council is not enforced to rebalance existing investments nor dispose of non-compliant investments if significant losses could be realised. Given the current economic climate and recent market valuations of structured financial products Council has determined that liquidation is not economically viable and has elected to hold these to maturity for the moment. Council will continue to monitor performance and seek regular valuations and advice from its investment advisor. Should favourable conditions return Council will look towards liquidation if losses can be guaranteed to be minimised. 

 

Federal Government Deposit Guarantee Scheme

In November 2008, legislation was passed by the Australian Parliament to guarantee a range of deposit products and other securities up to and including $1 Million for a period of 3 years with Approved Deposit-taking Institutions (ADI’s). This mirrors other schemes internationally.

Council will seek advice on the conditions and implications of the Guarantee schemes and prioritise investments supported by external guarantees.

 

Current Investment Portfolio

 

Financial Markets

 

The second half of 2008 was a period of severe stress in financial markets; a rapidly deteriorating macroeconomic outlook saw credit markets factor in significant write-downs and equity indices fall to multi-year lows. The events to date follow on from the bursting of the US housing bubble in 2007, which set off a long chain of global events culminating in the greatest financial crisis since the Great Depression. The failure of Lehman Brothers and the US Federal Reserve’s reversal of their ‘too big to fail’ strategy – set off a cascade of market freeze ups and corporate bankruptcies.

 

As concerns grew over the depth of the underlying problems in these markets, trading in structured financial products effectively stalled and the lack of willing investors in the market drove down the deterioration of the capital value of these securities. The lack of investor confidence in markets also flowed over from credit markets into the stock markets causing equity prices to fall.

 

 

Portfolio Mix at 31 January 2009

 

 

Although council’s investment portfolio did not directly purchase any US sub-prime mortgage backed securities, the markets reacted on a global basis and the Council was not immune from the impact of the credit crisis and the decline in equity markets. Council from mid 2007 shifted its strategy as it became evident that the market volatility was not going to correct itself in the short term. This shift in strategy has been towards cash/term deposits which now represent 50% of the total portfolio while compared to July 2007 cash represented 12% of the total portfolio.  Managed funds at July 2007 represented 33% of the total portfolio and were subsequently liquidated due to on-going volatility and uncertainty that was evident in respect of equity markets.

 

 

 

 

 

 

Analysis Of Investment options

 

The Revised Ministerial Investment Order dated 31 July 2008 limits new investment options until 31 December 2009 to

·    Term Deposits with Approved Deposit-taking Institutions (ADI’s)

·    Other ADI securities that must rank equally with APRA regulated deposits

·    Investments with NSW Treasury Corporation (T-Corp)

 

Cash/Term Deposits (50%)

 

Council’s portfolio has around $16.6M (50%) invested in cash/term deposits, one of the basic investment types still allowed following the release of the Cole Report.

Given the interest rate risk inherent in an RBA rate hiking environment, Council will restrict the term of these deposits to fairly short term durations.

 

Deposits in ADI’s up to $1M automatically qualify for the Federal Government Deposit Guarantee which will be utilised. Many institutions are offering attractive spreads given alternative funding constraints which should see Council realise above published rates.

 

Floating Rate Notes (6%)

 

Council’s portfolio contains $2M (6%) of floating rate notes. Given its current yield, the investment remains an attractive one compared to redeeming at the unwind price and reinvesting.

 

T-Corp Long Term Growth Facility (3%)

 

Council’s portfolio contains $859K (3%) of Treasury Corporation managed funds. These funds will continue to be monitored in respect of performance; however returns in recent years have been volatile. Given poor performance additional investments in this category is unlikely in the short term.

 

Collaterised Debt Obligations (CDO) (19%)

 

Council’s portfolio contains $6.5M (19%) in CDO’s which can no longer be acquired under the revised criteria but may be grandfathered. CDO prices remain significantly below face value; driven by structural weakness, higher expected defaults and the lack of a secondary market. Given the current absence of a secondary market, investors have no other option but to retain these assets. The most appropriate strategy is to hold these investments until they mature or until the markets recover. However any opportunities to sell these products at a beneficial price will be separately evaluated and considered on their merits to switch to an alternative investment on profitable terms.

 

 

 

Capital Guaranteed Products (CGP) (22%)

 

Council’s portfolio contains $7.550M (22%) in CGP’s which can no longer be acquired under the revised criteria but may be grandfathered.

Equity market falls, accelerating over September to December 2008 have been detrimental to the asset values of all Capital Guaranteed Products. While the capital is guaranteed the underlying drop in the net asset value has resulted in no coupons being paid. The most appropriate strategy is to hold these investments until they mature or until the markets recover. However any opportunities to sell these products at a beneficial price will be separately evaluated and considered on their merits to switch to an alternative investment on profitable terms.

 

 

REPORTING

 

A monthly report will be provided to Council, detailing the investment portfolio in terms of performance, security, credit rating and counterparty percentage exposure of total portfolio.

The report will also detail investment income earned versus budget year to date and confirm compliance of Council’s investments within legislative and policy limits.

For auditing purposes, certificates must be obtained from the banks/fund managers/custodian confirming the amounts of investment held on Council’s behalf at 30^th June each year.

 

Authority to Amend Strategy

The General Manager may amend this strategy at any time where it is in the Council’s interest to do so, or to meet a changing regulatory environment.

Authority to Implement Strategy

The following officers have delegated authority to invest surplus funds in accordance with the Investment Policy and Investment strategy:

·    Executive Manager Corporate and Community Division

·    Manager Financial Services

·    Other senior financial officers ( as per Council’s delegation manual)

 

Each investment recommendation is to be approved by two authorised signatories.

Investment recommendations exceeding $3 Million dollars require one of the two authorised signatories to be the General Manager, Executive Manager Corporate & Community, or the Manager Financial Services.

Investments other than in approved deposit taking institutions (ADI’s), and/or investments with maturity terms that are in excess of 5 years will require written authority by any of two of the General Manager, Executive Manager Corporate & Community and Manager Financial Services.

Professional Advice

Council currently retains CPG Research & Advisory to provide assistance in Investment Strategy formulation, portfolio implementation and monitoring. Council may change the advisor at any time provided any person or organization engaged to provide advice is reputable and independent. 

 

 

SAFE CUSTODY ARRANGEMENTS

 

Where necessary, investments may be held in safe custody on Council’s behalf as long as the following criteria are met:

·    Council must retain beneficial ownership of all investments.

·    Adequate documentation is provided, verifying the existence of the investments.

·    The Custodian conducts regular reconciliation of records with relevant registries and/or clearing systems.

·    The Institution or Custodian recording and holding the assets will be:

8 Austraclear;

8 An institution with an investment grade Standards and Poors or Moody’s rating; or

8 An institution with adequate insurance, including professional indemnity insurance and other insurances considered prudent and appropriate to cover its liabilities under any agreement.

 

 

 

 

 

 

 

 

 

 

Hornsby Shire Council

Attachment to Report No. CC26/09 Page 249

 

 

Hornsby Shire Council

Attachment to Report No. CC26/09 Page 253

 

Schedule of Documents Not To Be Released

 

Application No: 4177 File Reference: D01056482							F2009/00008
#	Date of document	Type	From			To	Details	Code
1	26.11.2008	Letter	Complainant			Council	Personal Information	BA
Application Number 4192 File Reference: DA 674 1997 Part 1							F2009/00008
#	Date of document	Type	From			To	Details	Code
1	12.01.1998	List	Council			File	List of names and addresses	BA
2	10.02.1998	List	Council			File	List of names and addresses	BA
3	20.03.1998	List	Council			File	List of names and addresses	BA
4	17.06.1998	List	Council			File	List of names and addresses	BA
5	05.05.1999	Plan	Applicant			Council	Residential Floor Plan	RP
File Reference: DA 674 1997 Part 2
6	19.08.1998	List	Council			File	List of names and addresses	BA
7	27.08.1998	List	Council			File	List of names and addresses	BA
File Reference: DA 674 1997 Part 3
8	10.06.1999	List	Council			File	List of names and addresses	BA
9	10.06.1999	List	Council			File	List of names and addresses	BA
File Reference: DA 674 1997 Part 8
10	25.02.2000	List	Council			File	List of names and addresses	BA
File Reference: DA 674 1997 Part 9
11	11.05.2000	Plan	Applicant			Council	Residential Floor Plan	RP
Application No: 4200  File Reference: DA 0436/2003							F2009/00008
#	Date of document	Type	From			To	Details	Code
1	Feb 2003	Plan	Applicant			Council	Internal Floor Plans	RP
2	Feb 2003	Plan	Applicant			Council	Internal Floor Plans	RP
3	Feb 2003	Plan	Applicant			Council	Internal Floor Plans	RP
4	09/04/2003	Plan	Applicant			Council	Internal Floor Plans	RP
Application No: 4211 File Reference: BA/844/1995							F2009/00008
#	Date of document	Type	From			To	Details	Code
1	14.06.1995	Plan	Applicant			Council	Internal Floor Plans	RP
Application No: 4230 File Reference: PP 018521-01							F2009/00008
#	Date of document	Type	From			To	Details	Code
1	17.04.1969 to 16.05.1986	Property file	Various sources			Council	Legal Information	PR
File Reference: PP 018521-02							F2009/00008
2	22.08.1997	List	Council			File	List of names and addresses	BA
3	08.10.1991	Form	Council			File	Complaint (Personal details removed ONLY)	BA
Application No: 4234 File Reference: PP 010237 - 02							F2009/00008
#	Date of document	Type	From			To	Details	Code
1	27.04.1988	List		Council	File		Names & Addresses	BA
File Reference: PP 010237 - 04
2	07.01.2000	Memo		Council	File		Commercial Information	CP
File Reference: PP 010237 - 05
3	06.09.2000	Memo		Council	File		Commercial Information	CP
4	18.09.2000	Memo		Council	File		Commercial Information	CP
5	11.10.2000	Memo		Council	File		Commercial Information	CP
File Reference: PP 010237 - 06
6	02.04.2002	Memo		Council	File		Commercial Information	CP
7	10.04.2002	Memo		Council	File		Commercial Information	CP
Application No: 4241  File Reference: SA 06069							F2009/00008
#	Date of document	Type	From			To	Details	Code
1	03.08.1993	Plan	Applicant			Council	Internal Floor Plans	RP
File Reference: DA/530/1993							F2009/00008
2	03.08.1993	Plan	Applicant			Council	Internal Floor Plans	RP
Application No: 4283 File Reference: DA 720/1995							F2009/00008
#	Date of document	Type	From			To	Details	Code
1	19.12.95	Report	Council			File	List of names and addresses	BA
Application No: 4286 File Reference: D01096423							F2009/00008
#	Date of document	Type	From			To	Details	Code
1	09.02.2009	Quote	Resident			Council	Commercial information	CP
Application No: 4316 File Reference: DA/1627/2003							F2009/00008
#	Date of document	Type	From			To	Details	Code
1	22.06.2004	Plan	Applicant			Council	Internal Floor Plans	RP
Application No: 4334 File Reference: DA/358/1995 Part 1							F2009/00008
#	Date of document	Type	From			To	Details	Code
1	09.12.1992	List	Council			File	List of names	BA

 

 

REASONS FOR EXEMPTION FROM RELEASE

 

 

 

 

 

 

 

Hornsby Shire Council

Attachment to Report No. CC26/09 Page 258

 

 

 

 

 

 

 

 

 

Hornsby Shire Council

Attachment to Report No. CC27/09 Page 260

 

CORPORATE & COMMUNITY DIVISION

 

Item No.	Report No.	Outstanding Resolution	Latest Status	Comment
1.	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 agreement has been forwarded to the appropriate staff in the Department of Education to finalise this issue. A response is yet to be received.     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.

 

2.	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).   2.     Issue to be referred to the Community, Cultural and Recreation Facilities Task Force for direction.   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 in conjunction with updates on the upgrade of 2 – 4 Dangar Road, Brooklyn.
3.	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.     Completed.   4.   The Brooklyn community has indicated a preference to form an Advisory Committee to manage the facility in partnership with Council.	A Report will be provided to Council following negotiations associated with booking procedures and fees and charges for the site.

 

4.

CC14/08   ORDINARY MEETING 12/03/2008   HORNSBY WOODWORKING MEN’S SHED UPDATE

THAT   1.            The contents of Executive Manager's Report No CC14/08 be received and noted.   2.            In light of more concrete information having become available regarding grant funding opportunities and project costs, Council lodge the Development Application for the extension to the Men's Shed located in Headen Park, Thornleigh noting that development consent is required to lodge a successful grant application with the Department of Sport and Recreation Capital Assistance Grant Fund.   3.            Council include the allocation of funds to cover the costs of lodging a Development Application (including consultants fees) in the March 2008 Quarterly Budget Review.   4.            Council endorse the development of a funding application between Council and the Hornsby Wood Working Men's Shed to the NSW Department of Sport and Recreation for the 2008/09 financial year to assist with the capital costs associated with a 12m x 6m extension to the rear of the old Scout hall in Headen Park, Thornleigh noting that the maximum dollar for dollar grant funding provided by the Department of Sport and Recreation through the Capital Assistance Grant Programme is $30,000.   5.            Further investigations be carried out regarding the insurance requirements relating to the use of voluntary labour in building the extension.   6.            The Community, Cultural and Recreation Facilities Task Force seek and consider corporate sponsorship to assist in funding the project.   7.            If the Development Application for the extension is approved, a further report be prepared for Council's consideration. The report is to include up to date costings and progress on sponsorship and the use of voluntary labour.

1.     Noted 2.     Development application lodged. 3.     Funds allocated. 4.     Application to Capital Assistance Grant fund completed and lodged. Notification of successful grant applicants will take place “after March 2009”.   5.     Investigations completed – voluntary labour to be used with limited scope. 6.     Corporate sponsorship package developed and endorsed by the Task Force. 7.     Development Application has         been approved.

A Report will be provided to the Community, Cultural and Recreation Facilities Task Force and Council outlining the final funding model for the project once the outcome of the Capital Assistance Grant funding is known.

 

 

PLANNING DIVISION

 

Item No.	Report No.	Outstanding Resolution	Latest Status	Comment
5.	PLN170/08 GALSTON VILLAGE MASTERPLAN REVIEW	1.     Consideration of Executive Manager's Report No. PLN170/08 be deferred subject to the convening of a meeting of the Galston Village Masterplan Review Committee.   2.       This meeting be held as soon as is practicable.	Workshop arranged with Councillors concerning the priority of projects on the Strategic Planning Programme on 10 March 2009 and included discussion concerning progressing of the review.	Workshop with Councillors to be arranged.

 

 

STRATEGY DIVISION

 

Item No.	Report No.		Outstanding Resolution	Latest Status	Comment
6.	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.   HR Smoke Free Environment Determination to ExCo 27/10/08 with report to Council’s Ordinary Meeting December 2008.   “Smoke Free Environment in the Workplace” Determination approved by ExCo on 24/11/08. Report to Council rescinding Council’s existing Policy expected in April 2009.   Other HR Policies and Determinations to be reviewed by October/November 2009.  Further report to Council at that time.    EMS 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.   HAC Operations Manual currently under development – expected completion 3rd quarter 2008/09.  Further report to Council on updated EMS Policy expected March 2009.   Key corporate strategic projects have required this project to be rescheduled.	HR Report to Council rescinding Council’s existing Smoke Free Policy expected in April 2009.   Further report to council on other HR Policies and Determinations late 2009.   EMS HAC Operations Manual  – expected completion now 2nd quarter 2009/10.    Further report to Council on updated EMS Policy after HAC Operations Manual.

 

WORKS DIVISION

 

Item No.	Report No.	Outstanding Resolution	Latest Status	Comment
7.	WK59/05 12/10/05 HORNSBY INTEGRATED LAND USE AND TRANSPORT STRATEGY (ILUTS)	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.	Updated Briefing Paper in preparation.   Briefing scheduled for 27 May 2009.	It is proposed that the ILUTS be referred to Council for consideration in conjunction with its consideration of parking generally.
8.	WK51/08 13/08/2008 PROPOSED BEROWRA AQUATIC CENTRE	THAT   1.          Executive Manager’s Report No. WK51/08 be received and Council endorse the new option 1 for further investigation.   2.           A suitable consultant be engaged to undertake a project feasibility study for new option 1 and to prepare for a design and construct tender.   3.           A further report be prepared following the completion of the detailed feasibility investigation and be submitted to Council no later than November 2008.   4.           The matter be referred to the Community Cultural and Recreation Facilities Task Force for further consideration in the interim.		Items 3 and 4 on hold subject to Council’s consideration of 09/10 budget.

ENVIRONMENT DIVISION

 

Item No.	Report No.	Outstanding Resolution	Latest Status	Comment
9.	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.	March 2008 Report will be presented to the Ordinary Meeting of Council early in May 2009.
10.	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.
11.	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.	March 2009 The 12 month trial has yet to commence.  No offset has yet been received by Council.  The first offset is expected in the near future, as a result of a favourable Land and Environment Court ruling, and this will trigger the start of the 12 month trial.

 

   

 

 

 

 

 

 

 

Hornsby Shire Council

Attachment to Report No. ST3/09 Page 271

 

 

 

 

 

 

REPORT 0F THE COUNCILLOR WORKSHOP   SATURDAY 28th FEBRUARY to SUNDAY 1st MARCH 2009

Prepared for   HORNSBY SHIRE COUNCIL

Prepared March 2009 by:       The Miller Group  Social Policy & Management Consultants a: Suite 206, 61 Marlborough Street, Surry Hills NSW 2010 w: www.themillergroup.com.au e: libby.d@themillergroup.com.au p: 02 9698 8834 Contact: Libby Darlison m   0404487694

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hornsby Shire Council

Attachment to Report No. ST3/09 Page 272

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TABLE OF CONTENTS

 

 

 

Section A - Integrated Planning and Community Consultation........... 1-3

Section B - Identification of Councillor’s 4yr priorities..................... 4-12

Section C – Identification of Councillor’s 1yr Priorities.................. 13-15

Section D – Potential Revenue Raising or Cost Saving Strategies... 16-18

Appendices

Appendix I - Attendance............................................................................. 19

   Appendix II – Rate Variation.................................................................. 20-21

   Appendix III – Budget Update................................................................ 22-24

 

 

 

 

 

 

Hornsby Shire Council

Attachment to Report No. ST3/09 Page 273

 

 

SECTION A

 

INTEGRATED PLANNING AND TOOLS FOR COMMUNITY ENGAGEMENT

 

1.  Open/Community Forum Meetings

 

Discussion

The group had a discussion as to whether Open/Community Forum Meetings should continue to be held. It was agreed that Open Forum meetings are a good way for the community to have direct contact with Councillors and should be continued. Some suggestions as to how to make them more effective included:

 

·     The possibility of holding no meetings or fewer meetings during 2009, while the community desire for such meetings was confirmed and other strategies for community consultation considered.  Council reports stated that in 2007 the meetings received positive feedback from the residents who attended and were very popular, but in 2008 the meetings were less well attended and took on more of a political perspective. Additionally the ‘same’ faces’ seemed to be there at different Forums. Ceasing or limiting the meetings for 2009 may encourage more people to attend.

 

·     The possibility of moving away from the “open forum” title to one that better explains the purpose of the meetings. This may help get the message out to the community that there is an opportunity for them to get together with Councillors to express their concerns.

 

·     Holding meetings at different times of the day to attract other demographics.

 

·     Varying the locations from previous years to improve accessibility and attendance

.

·     Being more strategic in the way the meetings are held by making them more appealing and less intimidating to residents. Possibly changing the physical set up (i.e. from the long table of Councillors and Executives to a less defensive arrangement).

 

·     The possibility of running different types of less formal events that allow the community to have the same kind of contact with Councillors and staff. For example, a BBQ similar to the one held at Kilpac Park, Epping, which was held on a Saturday morning, managing to attract around 200 residents.

 

At the same time as this is happening it is important for Council to explore as many opportunities for community engagement/consultation as possible.

 

Action

Continue with Open/Community Forum Meetings, but revisit the location, format and structure of how they are conducted.

 

 

2.  Integrated Planning Systems - Council Planning Models

 

Community Strategic Plan

Council is required by the Department of Local Government (DLG) to develop a Community Strategic Plan.  The purpose of this Plan is to ascertain the views and the priorities of the community over the next 10 years. The Community Strategic plan covers the next ten years - as a minimum - so that Council can incorporate and address those priorities in its planning processes i.e. Council’s 4 year delivery Plan and one year Management Plan.

 

DLG Guidelines will be releasing its guidelines for the Integrated Planning Process in April 2009. These Plans underpin the Community and Management Plans.

 

Council will report back to Councillors through the Annual Report/ Management Plan. Quarterly reporting on the Management Plan will not be required but will most likely continue as a part of good business practice in any event.  

 

The Integrated Planning Process will also involve Council producing other plans in line with, and in addition to, the 10 year Community Plan, the 4 year Delivery Plan and the 1 year Management Plan. These include a Strategic Asset Management Plan (minimum 10 year plan), Long Term Financial Planning (minimum 10 year plan) and Workforce Planning (minimum 4 year plan).

 

As a part of the development of the Community Plan, Council is also required to do a Community Engagement Plan, which will involve various forms of engagement with the community. These may include community panels, surveys, and online forums such as Bang the Table and targeted engagement, with specific groups such as businesses, social groups etc. 

 

As a part of Council’s on going policy development, and in keeping with the new Integrated Planning System, data will be gathered from various sources- including Census and the Police - about all areas of Hornsby Shire, to give Council a snap shot of Hornsby Shire residents. This information will then be used to and track and assess whether Council is improving or impacting on the community as a consequence of the implementation of Council’s delivery and Management Plans.

 

3.  Current and Future Planning Processes   -

 

¡ The Planning Web and Sustainability 2020 Plan

In its Sustainability 2020 Plan Council uses a Planning Web with 5 key focus areas, viz.

¡ Economy,

¡ Ecology,

¡ Society and Culture,

¡ Human Habitat, and

¡ Governance.

 

The Planning Web assists Council’s decision-making processes by providing a framework which demonstrates how all of these elements link. The Planning Web has been constructed so that it is flexible and does not constrain the Council or the staff, yet achieves its key purpose of providing better integrated outcome across all Divisions, and assisting Council in measuring its success/outcomes.

 

It was suggested by Management, and agreed by Councillors, that these focus areas and this framework would also be suitable for Council’s Management Plan.

 

Feedback from staff regarding the Planning Web included:

 

·     People involved in the Sustainable Action Committee have said that they were generally comfortable that this sort of framework would work for them.

·     It will take about two years for Council to undertake all the engagement with the community, and will be reporting back to Council many times during this period. It is in the very early stages right now, and there will be many opportunities for Councillors to be involved in the process.

·     Existing resources will be used as much as possible.

 

 

 

¡ Community Consultation

 

Councillors and The Executive Committee (ExCo) discussed the different strategies currently used - and/or which could be used in the future - to consult with and gain feedback from the community. These included:

 

·     Using current planning documents - 90% of which have already been endorsed by Council. These plans include strategies and contain research that can be used now rather than starting the whole process from the beginning. Most of these have already had community input and just need to be pulled together into a useable format;

 

·     The suitability of consultation/ feedback tools. They must be designed to reach the silent community as well as the ‘squeaky wheels’.  Residents often do not acknowledge correspondence from Council. More creative formats will be needed to reach the wider community;

 

  

·     Drop in sessions, visits to the youth centres, setting up an approachable stall at community events or school fetes to get feedback from the community in a more relaxed and fun environment;

SECTION B

 

 

 

IDENTIFICATION OF COUNCILLOR’S FOUR-YEAR PRIORITIES

 

1.  Brick Pit Stadium

 

¡  Update

An update was provided on the Brick Pit Stadium project. Key points were:

 

·     Cost of an extension is $2M, which is unfunded at the moment;

 

·     Do not need to waste money doing a study on the needs of the facility, as we already know what is required. A feasibility study would cost $20,000;

 

·     The tender for the Golf Driving Range was sent out with two responses. Currently tracking down an independent person to assess the tenders, with a Report due to the May Ordinary Meeting;

 

·     The Golf Driving Range will be a source of income for the Council, approximately $50,000 per year;

 

·     Discussions are currently underway as to how to manage the whole facility, and the possibility of outsourcing the canteen facilities

 

·     Looking at other facilities to see how they operate their canteens.

 

Discussion

Discussions and suggestions regarding the Brick Pit Stadium and the possible extensions included:

 

·     The general agreement that the Brick Pit should be extended as it will bring in an extra $50,000 profit per year to the Council. Bringing the profit total to $150,000 per year

 

·     The possibility of outsourcing certain parts or the whole of the operation;

 

·     Concerns regarding outsourcing and the handing over of maintenance of a Council asset to external sources and the possible risks.

 

Action

Report to be brought back to Council containing information regarding outsourcing specific parts of the facility and the potential benefits and risks.

 

 

 

 

 

2.  Kangaroo Point

 

Update

The Master Plan for this property is now with the Environment Division.

A Report is due to come to the March Ordinary Meeting, along with other open space areas throughout the Shire.

 

 

3.  Asset rationalisation

 

Update

There is an approximate $10M which will need to be included in a community communication process to assist in prioritising how this money should most effectively be used across various assets. Council also needs to develop more clearly a strategy for classifying different asset types.

 

Action

Bring this issue back to a Workshop Meeting and discuss further in the context of the open space that was identified by the previous Council as being surplus.

 

 

4.  Heritage Conservation areas

 

Update

Council has written to the Department of Planning to request that they urgently reinstate Hornsby’s draft heritage conservation areas to allow us to consider the heritage matters of those sites. Have not received a response, but Council is actively pursuing this issue.

 

Action

Interested Councillors to organise a meeting with the Executive Manager, Planning, (Scott Philips) to discuss further.

 

 

5.  Brooklyn Community Centre

 

Update

The Development Application for a slight extension has been lodged.

 

Action

A Report will be coming to Council regarding fee setting and the management of this site.

 

 

6.  Drainage

 

Update

Issues concerning non-natural watercourse drains across private properties were raised:

·     Old ones have not been maintained for a number of years and are causing problems;

 

·     Steps to cover many of these drains have not been taken, as there is not the funding for them. The money is currently being used to fund other high priority drainage issues within the Shire;

 

·     Hydraulic issues that may cause flooding and environmental problems have also stopped many of them from being piped;

 

·     Council considering being more flexible with the policy that was set in the early 90’s, to allow assessment of these drains and the possibility for them to be piped over at the expense of the owner.

 

7.  Quarry

 

Update

In-principle agreement to fill the quarry has been agreed to by the current Council.

 

It is possible that it could take up to five years for environmental approvals to go ahead with this development and there is no guarantee that they would give approval for the quarry to be filled.

 

At the workshop meeting held on 28 January 2009, Council asked to meet again with potential tenderers, however after seeking legal advice, Council’s solicitor has advised not to do this.

 

Action

A consultant has been sourced from GHB to come to speak to Councillors on Wednesday 25 March 2009 regarding this issue. A paper will be circulated prior to this day.

 

 

 

NOTE:  at this point in the discussion it became clear that in order for decisions to be made (and actions undertaken) regarding some of the key priorities needing to be  ‘actioned’ over the next four years, a rate variation would need to be sought from the Minister.  In an effort to assist Councillors to better understand what the Minister is likely to take into account (and potentially agree to) regarding a rate variation for Hornsby, the General Manager gave presentation which identified the key issues and challenges. See Appendix II

 

 

 

 

 

8.  Hornsby Pool

 

Update/Discussion

The Discussion regarding the future of Hornsby Pool included the following points:

 

·     General thoughts about what a better facility would be. An 8 lane, 50 metre pool, picnic and BBQ areas, change rooms, learn to swim pool, toddler pool, indoor pool and water slide;

 

·     The location – current location is the best logistical spot for the pool. It is near the train, has bus access and good parking close to schools. Hornsby is a hub for 3 different lines coming into the train station. It is the most accessible centre for the Shire;

 

·     Different options and costs of building a new Hornsby Pool facility – To build a brand new facility could cost between $26M and $30M, to do a rebuild of the facility, which would include a rebuild of the 50 metre pool, indoor 25 metre learn to swim pool and kiddy pool for around $15M;

 

·     Which option would generate more income for the Council in the future?

 

·     Timeframes – If the process were started now, it would take around four years to complete a new facility. If it was done as a staged development, the current facility could remain open.

 

Action

A report to be brought to Council based on discussion of two options including financial information.

 

 

9.  Pools across Hornsby Shire

 

Discussion

There was a discussion regarding the condition and use of existing pools and future requirements for swimming pool facilities in the Shire (Excluding Hornsby): key points were:

·     Estimated costs are high due to Council choosing more viable options. The pools need to last;

 

·     The number of competition swimming facilities around the area that make it hard for Council’s pools. Macquarie Uni, Ryde, Carlingford Fitness First, Homebush Olympic Park;

 

·     The problem that Hornsby Council’s pools have evolved over time and there has never been a strategic plan done as to where the facilities should be located;

 

 

·     Is there a need for so many pools?

 

·     Options of leasing out some of our pools to private companies to help reduce running costs of providing the Shire with these facilities;

 

·     Possibility of building 2 great centres evenly spaced throughout the Shire and closing some of the other pools throughout the Shire in order to provide them. If great facilities are going to be provided for the Shire then it may be easier to sell the idea of closing some of the current ones;

 

·     Could consider the Housing Strategy coming up when looking at the location of Shire pools. Where are they going to have the most demand?

 

·     The closing of Epping pool is being considered as it is due for a major upgrade and is in a location with many other superior surrounding facilities;

 

·     Possibly worth retaining the facilely in Galston due to the Housing Strategy and the expected growth of the area. Could outsource this facility to make it less costly to Council;

 

·     Concern over the viability of Berowra Pool. It is going to increase the total loss for Council, as it will not produce any income for the Council;

 

·     Agreement that if we can maintain or decrease our net loss that the aquatic centres throughout the Shire bring to the Council, then we can consider new facilities. The subsidies of aquatic centres should be capped;

 

 

Action

Report be brought to Council with information regarding the possibility of outsourcing some of our facilities particularly Epping and Galston.

 

 

At this point in the discussion an update of Council’s current finances was presented – the key points included:   ·     Decrease in Development Application’s ·     Decrease of investment income - $786,000 ·     Election restricted access. Used to provide $85,000 a year, now it is $200,000 a year that we need to set aside. ·     Haven’t found any asset sales. Have started to borrow more.

 

 

10.     Recreation Centres (Sporting fields and Community Centres)

 

¡ Sporting Fields

 

Update

Issues regarding sporting fields included:

 

·     The sporting fields throughout the Shire are heavily used, so there is a lot of impact on the areas;

 

·     Water restrictions make it harder for us to maintain these fields. There is never enough money to put into further water saving;

 

·     Turf wickets are very expensive to maintain;

 

·     We have a large number of sporting fields throughout the shire compared with other Council’s, but in terms of expectation from the community we are 11 playing fields short. We are trying to focus more on unstructured recreation, such as biking to help cope with this expectation;

 

·     Hornsby Council has a good reputation for meeting the expectations of the community during wet weather by letting many games go ahead. This is getting much harder to maintain;

 

·     There is no money to create new fields, but the money to maintain the current levels is within the budget. This is getting much harder to maintain and options to help keep the current levels of maintenance may need to include reducing the amount of training that is done on these fields;

 

·     Council is already charging the most compared to other Councils in terms of fees;

 

·     Looking into selling off some of the small reserves to produce more money to be spent on parks.

 

 

¡ Community Centres

 

Update and Discussion

Discussions regarding the utilisation of Council’s Community Centres included:

 

·     There are 24 community centres within the Shire. When you look at the utilisation over the whole day they do not seem to be very utilised. But when you look at the peak times of the day their utilisation is very high;

 

·     How can we increase the utilisation during off peak times? Could lease out some/parts of facilities to organizations giving Council guaranteed rental income for the whole day;

 

·     Suggestion for a large multi-cultural centre in the centre of Hornsby. Possible location being the William Street car park. Put car park two levels underground with the centre on top. Possibly have residential units on top of this. Could possibly enter into a partnership with a private organisation to under take this type of project;

 

·     Looking at using the funds from sale of some other properties towards community centres;

 

·     Other options for large facilities in the Shire include the RSL war memorial hall. The RSL has come to the Council regarding this issue, it may be worth exploring the option of renovating this centre for use as a large Hornsby Community Facility rather than building a completely new complex;

 

·     With the limited funding available, if we were prepared to prioritise our current facilities we could deal with them one at a time using mainly internal resources. If they were to be looked at all at once the project would require a lot of extra funding;

 

·     Cannot rely heavily on Section 94 contributions for these facilities, as they do not only service the new community, but also the old community. Only a portion of the costs could be used;

 

·     Should be aiming towards mixed use for our facilities to bring in more revenue for the Council to maintain the facilities and to provide better utilisation.

 

 

 

Action

·   Re-circulate memo to Councillors regarding strategic properties discussed at the workshop in May 2008. Provide update.

·   Report be brought to Council providing information on the viability of private partnerships and other options.

 

 

 

11.     Assets

 

Update

Update was provided on current Council Assets including:

·     Roads to Recovery Program – In the process of receiving funds for this. $2.5M. Council must then comply with their requirements and maintain agreed expenditure;

·     Council has not been setting aside enough money to maintain some assets, and had a short fall that equated to approximately $4M. This is progressively being caught up;

 

·     In comparison to other Councils, Hornsby is not doing too badly;

 

·     Council is putting together a list in terms of Local Open Space, which will be coming back to a workshop meeting;

 

·     The Independent Regulatory and Pricing Tribunal (IPART) is now understood to be the price fixing instrumentality for the State Government. Things such as travel tickets, street lighting and Development Application fees all fall into IPART’s area of responsibility;

 

·     Council does not have the ability to influence the type of street lighting we use. The streetlights are not ours; therefore we cannot change the way they are operated.

 

12.     Economic Development – Hornsby Westside

 

Update and Discussion

Discussions regarding lack of development on the Westside of Hornsby included:

 

·     Due to budgetary constraints, Council should do some in-house investigations and have some meetings about the current restrictions and why development is not occurring in this location;

 

·     Get feedback from developers on what is viable and what is not. What kind of developments do they think they can sell? Re-zone if required to help encourage development;

 

·     Misconceptions that ‘if you re-zone then the developers will come’. This has not been the case for the Westside;

 

·     Want to attract developers with long-term interests in the area;

 

·     If Hornsby wants to encourage developers, Council need to be seen as doing something to help the Centre. Continue to improve the streetscape;

 

·     Preference regarding having a commercial centre that allows residents of the Shire, who are predominately white collar, to do their work in the Shire and closer to home. Rather than having everyone leaving the Shire for work;

 

·     Do research first which can then be reflected in a Master Plan;

 

·     The Master Plan could cost between $10,000 and $200,000 depending on what the Council wants from it. Make sure that really extensive preliminary work is done so that the Master Plan can address all of the issues while being cost effective.

 

Action

The Economic Development Taskforce has previously resolved to do some initial research into why developers are not attracted to the area. They will also be speaking to Real Estate Agents, tapping into UDIA resources to find what is driving people to and from Hornsby.

 

A Report will be brought back to Council regarding the results of these initiatives

 

 

 

 

13.     Structure of Council

This discussion was conducted in the context of streamlining Council’s decision-making process to ensure that the best outcomes (over he next year and for future years) can be secured by Council in the most effective way.

 

Discussion

·     Councillors must make a decision regarding the re-structure of the Council within the first 12 months of the term;

 

·     General Manager has undertaken a survey of staff with a 70 – 80% return, to establish the views of the staff on organisational structure and how it impedes on the performance of their duties;

 

·     Possibility of outsourcing on a large scale throughout the Council;

 

·     If the Strategy Division was to go, could its functions be absorbed into other areas of the Council?

 

·     Would like to see a one-stop help desk with customer service officers following through with queries to ensure residents are looked after;

 

·     Suggestion of a ‘three strike’ policy for residents who continually waste the time of the staff. i.e. bill people for extra investigations they want done that go further than what has already been sufficiently undertaken;

 

·     Re-look at the administration of our TPO;

 

·     May be more beneficial to tweak things throughout the whole Council rather than do a major re-structure.

 

Action

Councillors to provide General Manager with any further suggestions regarding the re-structure of the Council. General Manager will then collate the information ready for review by Councillors.

 

SECTION C

 

IDENTIFICATION OF COUNCILLOR’S ONE YEAR PRIORITIES (and possible revenue- raising  strategies)

 

1.  More Efficient Use of Thornleigh Pound

 

Discussion

A suggestions about investigating the process of dealing with stray animals at Thornleigh Pound was presented. The Pound currently destroys approximately 250 animals per year, and it was suggested there are many other Council Pounds that handle this situation better than Thornleigh.

 

It was also suggested that there needs to be greater community engagement with a view to developing strategies to improve operations at Thornleigh. This could be done at minimal cost by consulting with Vets and Pet Shop owners, pet shops and making better use of Council Website

 

Action

Councillor Martin to submit a Notice of Motion to an upcoming Council Meeting.

 

 

2.  Gosford Council to Provide Access for Commuter Berthing

 

Hornsby is in discussion with Gosford Council regarding greater cooperation from Gosford Council in providing better commuter berthing facilities at Mooney Mooney.

 

The situation with Gosford raised the broader issue of the availability of parking, for local residents in particular at, locations across the Shire which attract high visitor/ tourist numbers, especially, but not only, at weekends.

 

It was suggested that introducing a “Sticker System” to the area could help generate some income for Council. This would allow all residents of the Hornsby Shire to park in this area for free, but any visiting residents from surrounding Councils would have to pay a fee to park.

       

Action

It was agreed that discussions regarding this issue should continue with Gosford Council.

 

 

3.  Cherrybrook Village 

 

¡ Building of a Ramp

 

Discussion

Suggestions were made to help reduce the traffic congestion along Shepherds Drive, particularly in and out of the village, and also how to provide better access to Greenway Park, the community hall and new child care centre from the Village. These included:

 

·     Constructing a ramp for pedestrians to have access to the village from Greenway Park, which would reduce the number of cars needing to travel along Shepherds Drive to reach the main entrance;

 

·     Re-zoning of the open space between Cherrybrook Village and Greenway Park. Mirvac have expressed interest in the possible construction of a second main entrance to the Village on the corner near Greenway Park. Council should re-zone this land now, so that when they decide to build the entrance it will not take a longer period of time to then re-zone the land. The constructions could begin as soon as approval has been given;

 

·     If the land was re-zoned and Mirvac decided to construct the second entrance, Council should negotiate the possibility of Mirvac paying for or sharing the cost of building the pedestrian ramp to join Cherrybrook Village to the park. It is estimated that the pedestrian ramp would cost approximately $500,000;

 

·     Along with Greenway Park, there is also the Shire’s largest community hall, car parking areas and a new childcare centre. All of Council’s best assets in the Cherrybrook area are not easily accessible from the Village, which is considered to be the town centre of Cherrybrook. Providing access between these two locations would be very beneficial to the community and would greatly reduce the traffic congestion along Shepherds Drive;

 

·     The possibility of the area being filled to limit the need for a footbridge. Always looking for places to dispose of fill throughout the Shire.

 

Action

It was agreed that investigations would be done regarding Council’s re-zoning of the open space, with no further commitment to the pedestrian ramp at this stage.

 

A report will be brought to Council addressing the feasibility of the project, so that it can be discussed further, and any future actions to be taken by Council agreed by Councillors.

 

 

¡ Shepherds Drive Roundabout

 

Discussion

Discussions regarding issues of the narrowness of the two-lane roundabout on Shepherds Drive included:

 

·     Council has received approximately 21 detailed emails from residents concerned with the narrow lanes at the round about on Shepherds Drive. Many residents have had to veer onto the side of the road or up onto the round about, to avoid having accidents with cars in the adjacent lane;

 

·     Plans have already been done looking at widening the corner. The works will cost approximately $300,000 to complete, however they will be one off works, which will not require maintenance;

 

·     Suggestions that the Cherrybrook Village may be willing to consider another exit point for the centre, leaving the current entrance for incoming cars only. This would greatly minimise traffic congestion in this area;

 

·     No possibility of shaving the round about to provide more room and this would reduce the sense of deflection for the cars travelling straight ahead. It would not work like a round about;

 

·     A review of the traffic and parking conditions outside the aquatic centre further up the road. This may also help reduce traffic congestion;

 

·     Concerns regarding the expenditure of the works. Council should explore other options before committing to this;

 

·     Suggestion that Council look at replacing the round about with traffic lights. Would be more costly initially, but may be much more beneficial long term;

 

·     Council has a certain expenditure on roads, so there is money available. It would be up to the Councillors to determine what road projects would be undertaken. Council can then prioritise these projects.

 

Action

·      A Report is to come back to Council exploring other possible solutions for this problem, including the possibility of installing traffic lights.

·      Possibly trial some solutions to see if they help the problem before committing to this or any other major project.

 

 

 

4.  Hornsby Pool – Short Term (to be addressed in the first year)

 

Council will need to spend some money on developing concept plans for the rebuild of Hornsby Pool. This is estimated to be approximately $50,000 depending on which option (see above) Council decides to go with.

 

 

 

 

SECTION D

 

POTENTIAL COST-SAVING OR REVENUE-RAISING STRATEGIES

 

 

1.  Legal Costs – Reduction of Development Applications in Land & Environment Court (potential cost savings)

 

Discussion

·     Hornsby Council had the third highest legal costs in the state last year. Council has currently budgeted for $1.5M for Land and Environment Court cases, want to aim to reduce this to $750,000;

 

·     There are fewer development applications coming through Council, in particular the ones for income generating developments;

 

·     The new Housing Code removes a lot of uncertainty of issues relating to development applications. This will make it more black and white when determining applications, meaning less should go to the Land and Environment Court;

 

·     There will be a reduced number if applications coming to Council Meetings for determination. There will no longer be a set number of applications per meeting, instead only the necessary applications will be brought to Council for determination.

 

Action

The Executive Manager – Planning to investigate possible cost savings regarding the potential reduction in Das and strategies for solutions before parties go to the Land and Environment Court.

 

 

 

2.  Library budget (potential revenue raising)

 

Discussion

Concern was expressed regarding Council’s below average library expenditure per capita in comparison to other Councils. Some suggestions on how to help this issue included:

 

·     Charging a small fee for Internet usage and some other library facilities. Council currently receives a funding grant from the State Government, which stops us from charging for library memberships, but we could look into charging for certain other services.

·     The possibility of leasing out areas to private companies to run Internet kiosks. Council would then not be seen as charging for the usage, and it could provide Council with income to go back into maintenance of our library facilities.

 

Action

Investigate what services Council is able to charge for in or associated with the Library.

 

 

3.  Johnson Rd & Arcadia Pony Club Sites (potential revenue raising)

 

·     Possibility of looking at the Johnson Rd, and Arcadia Pony Club sites for expanding the commercial area around the sites, or to be developed as residential;

 

·     Council should consider turning these sites into something that will generate income for the Council.

 

 

 

4.  Review of Services (potential cost saving and/or revenue raising)

 

Discussion

Councillors expressed their ideas about   services that may be able to be   cut back or re-assessed to help with reduced Council costs or raising of revenue

 

Some suggestions included:

 

·     Reviewing the opening hours of the libraries

 

·     Reviewing the policy that states that all development applications for any staff members of Council need to be assessed by a private consultant. Not all applications need to be assessed by a consultant, and it is a waste of councils’ money having this done. Investigation into the requirements for this to be done;

 

·     Looking into the possibility of sub-contracting someone to maintain the sewerage in Galston. New legislation now allows us to do this;

 

·     Reviewing of the 55-65 year services;

 

·     Reviewing youth services;

 

·     Reviewing the process of street sweepers. Are they needed in all areas? Can they be done on demand only? Report to be brought back to Council on this matter;

 

·     The recycling plant in Mt Ku-ring-gai and the possibility of taking in work from outside of Council to generate some income. Would require a new consent to allow Council to do this and would also need to make sure that the appropriate staff and facilities were in place to handle this. Report to be brought back to Council with information regarding the feasibility of this concept;

·     Suggestion that Council could start a concrete crushing plant in the industrial area of Asquith, to generate income. Report to be brought back with information on this idea;

 

·     Moving the Executive Planner position from the Strategy division and absorbing parts of this role throughout Council. The salary is currently being paid out of Section 94 funds, which means that this money could be used for other projects requiring Section 94 money;

 

·     Currently Council is employing someone to encourage the community to pursue their own grants. Review this position year by year to see if it is beneficial to the community;

 

·     Considering the option of charging credit card fees. Review the process in which we currently process credit cards to see if it can be done more cost effectively.

 

 

Hornsby Mall Ambassadors

 

During daylight hours, Hornsby Mall Ambassadors operate to offer directions to visitors in the mall, report inappropriate activities and damage and to generally manage things that are happening.

 

Discussion

Discussions over whether or not the mall requires ambassadors included:

·     Review needs to be done on whether we need the ambassadors. They currently cost Council approximately $100,000 per year;

 

·     Westfield has its own security and information staff, which are there to do that same thing;

 

·     It is more beneficial to Westfield than the Council having these ambassadors in the mall;

 

·     If the CCTV project goes ahead then that would be enough of a deterrent to people causing security issues in the mall.

 

Action

·   ExCo to review the budget in detail and identify any items they suggest for the service delivery review.

 

·   It was agreed that the Hornsby Mall Ambassadors need to be reviewed in the light of the broader review of services

 

 

 

APPENDIX I

 

ATTENDANCE

 

 

Councillors

Michael Hutchence

Steve Russell

Steve Evans (Deputy Mayor)

Bruce Mills

Wendy McMurdo

Nick Berman (Mayor)

Robert Browne

Dilip Chopra

Andrew Martin

Mick Smart

 

Staff

Max Woodward (Executive Manager, Works)

Scott Philips (Executive Manager, Planning)

Robert Ball (General Manager)

Robert Stephens (Executive Manager, Environment)

Glen Magus (Manager, Finance)

Gary Bensley (Executive Manager, Corporate and Community)

Julie Williams (Acting Executive Manager, Strategy)

Libby Darlison (Facilitator)

Lauren Barrett (Note Taker)

 

 

 

Appendix II

 

RATE VARIATION

 

¡ Issues taken into account when a rate variation is applied for:

 

 

·        The ability for the Council to argue their point as to why there would be a direct benefit to the majority of rate payers;

·        Knowing the current rates and levy’s that the council has in place;

·        What is the income lost due to rate pegging?

·        Resident expectations;

·        Level of community support to the increase;

·        Community needs in relation to recreation and the community benefits of the proposed projects. The risks of proceeding or not proceeding with those projects;

·        Analysis of needs verses wants;

·        Support of the community;

·        How much with the community will gain apposed to how much they will lose;

·        Results of public meetings, focus groups etc.;

·        That the ratepayers who will be charged are going to receive the benefits;

·        Financial point of view that the council doesn’t have any alternatives. Look internally for funds to be used within the council first;

·        Supported by well document asset management plans. How you are going to spent it and when;

·        Have the needs of ratepayers such as pensioners etc. been addressed;

·        Be clear about which type of rate you are applying for;

·        Tangible statements objectively assessed to support the increase.

 

¡ Rate Variation in relation to Hornsby Shire Council

 

·     Need to establish what the basis of the application would be. Possibly Hornsby Pool or the Quarry;

·     Options to extend the current Quarry rate for a further period or to continue a levy after the Quarry rate period has finished and use it as a Recreation Facilities levy;

·     If we extend the current rate to 10 years from now we will get an extra $11M, with $800,000 being released in the first year and $1.8M in the last. If we extend the rate to 15 years we will get an extra $27M, with $1.3M in the first year and $2.4M in the last and if we extend 20 years we will get an extra $40M

 

 

 

¡ Rate Variation Options

 

·     Broad recreation levy

·     Quarry extension levy

 

Discussion

·     Suggest undertaking a marketing exercise to see what the community thinks about the options, ready to apply for the rate increase. If approved, aim to introduce the increase for 1 July 2010.

·     If Council does not receive the rate increase approval, money will be drawn out of the Quarry fund, using some of it to re-fill the Quarry and to re-establish the program pool at Hornsby Pool, closing the rest until the funding is available.

·     The Minister generally prefers something that is of benefit to the broader community not just some parts.

 

 

 

Appendix III

 

 

BUDGET 09/10 UPDATE

 

·     Councils budget finely tuned

·     What is the state of the Budget?

·     Next steps in the budget process

 

¡ 09/10 Budget Challenges

 

Started with an opening 08/09 deficits of $94,000.

Rate increase is 3% - around ($1.5M)

Labour increased – $1.5M

Debt services increase - $165,000

Street lighting increase - $400,000 increase (takes total bill to $2.418M)

 

Decrease of GF investment income - $786,000

Decrease DA revenue - $850,000

Election restricted asset - $115,000

No asset sales - $290,000

 

Moving from 08/09 with a deficit of $94,000 we are now looking at a deficit of $2.6M

 

·     No increase to non-labour expenditure (materials and contracts $28M @ 3% $840K, Capex x $26M @ 3% $780K) - cost control

·     Rate increase determined by state government (0.5% = $250K approx)

·     Labour based on 50 weeks = approx 4% cost reduction $1M)

·     Less maintenance/CAPEX

 

Example of maintaining expenditure – Works is still budgeting to spend $150,000 per year on footpaths. They are now building 20% less footpaths each year due to cost increases.

 

Environment has managed to increase productivity. Have taken on additional work and fulfilled expectations but have reduced positions. Increased expenditure and an increase of 2 big parks and 3 little parks, but with no increase of labour.

 

The staff cuts fulfil their part by reducing costs and increasing productivity, but the councillors’ increase the output of what they want delivered. They often increase the costs.

 

Challenges cont.

 

·     Insurance premium increases

·     No increase in State Library funding in 08/09 due to reduced funding for public libraries. 08/09 Library Net Cost $5.0M with $386K funding from State

·     Childcare legislation changes $400K + F&C increase

·     Significant legal costs as a result of Class 1 appeals to the L&E Court. Only 21% of appeals were dismissed.

·     Reduction in S94

·     Increased contribution to RFS $60K

·     Subsidy to food shop inspection $100K

 

Discussion

– Childcare Legislation

·     Increasing the fees for Council’s childcare centres, so that we can use income made from childcare centres to upgrade them. Making them more self-sufficient and self-funding.

·     Childcare centres are an asset of Council, and they should be functioning in the competitive world. They are running at a loss.

·     Suggestion of charging rent for our childcare centres. If Council has to invest in the centres to bring them up to the current standards, then it would be fair to bring that into the running costs.

·     Expectation from the community that we have always provided an excellent level of service in our childcare centres.

·     General agreement that fees need to be increased and rent should be charged. Will have to also be a gradual transition and not something that can take effect to its full extent immediately.

 

– Legal Costs for L&E Court Cases

·     With the reduction of Development Applications then we should have less to refer to the Land and Environment Court.

 

– Reduction in S94 Funds

·     Big reduction in Section 94 funds due to less Development Applications coming through. There has also been a large drop in large developments, which bring in more Section 94 funds.

·     Section 94 funds can only be used for capital development.

 

Future Budget Challenges

 

·     Further street lighting increases (IPART) – 75% over 3 years

·     NSW Fire brigade Commissioner

·     Removal Payroll Tax Exemption $2M+

 

Careful consideration during the Budget process:

 

·     No new services unless full recovery

·     Phase-ups incurring future recurrent costs

·     No expansion of existing services

·     Vacancies

 

Currently when anyone leaves the organisation, the position goes to a panel (Exco) for consideration as to whether it needs to be re-filled.

 

 

 

What are the options in attempting to balance the budget?

 

·     Significant reduction in costs/service impact

·     Asset sales

·     Loan borrowing

·     Special rate variation

 

Discussion

·     Significant reduction in costs/service impact and special rate variation are options that could assist long term, where as asset sales and loan borrowing may only compound the problem.

·     Some Councils have different rates for different things throughout the Shire. Not all residents have to pay all the rates, only if they benefit from it. Possibility of doing this at Hornsby.

 

Action

FURTHER research to be done regarding the possibility of having different rates for different situations and/or and residents across the Shire.

 

 

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Hornsby Shire Council

Attachment to Report No. ST4/09 Page 295

 

 

 

 

Outdoor Dining Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(April 2009)

 

1.         INTRODUCTION.. 3

2.         DEFINITIONS. 3

3.         PURPOSE.. 3

4.         OBJECTIVES. 3

5.         LEGISLATIVE PROVISIONS. 4

6.         LOCATION REQUIREMENTS. 4

a)       Precincts. 4

b)      Maintaining Footway Widths. 5

c)       Access. 5

d)      Existing streetscape elements. 5

e)       Circulation, safety, health and convenience. 5

f)       Suitable locations. 6

7.         FURNITURE REQUIREMENTS. 6

a)         Perimeter Barricades (excluding Bollards) 6

b)        Bollards. 7

c)         Signage/Advertising. 7

d)        Lighting. 7

e)         Public Assets. 7

f)         Public Health & Safety. 8

g)        Smoking. 8

h)        Heating. 8

i)          Umbrellas. 9

j)          Furniture Style. 9

8.         APPLICATIONS AND APPROVALS. 9

a)         Applications. 10

b)        Application requirements. 11

c)         Notification and approval 11

d)        Development conditions. 11

e)         Approval fee. 11

f)         Renewal of Approval 11

9.         APPENDIX A – Precinct specific requirements. 12

 

1.     INTRODUCTION

 

This code aims to permit the establishment of business opportunities and to create a more vibrant and cosmopolitan atmosphere in the commercial centres of Hornsby Shire.

 

This code establishes Council's statements and principles when dealing with applications for use of the public footway for outdoor dining. The code applies to a range of businesses including cafes, restaurants and sandwich shops which meet the definition of “restaurant” under the Roads Act, 1993.

 

The code will allow the approval of business use of footway areas for dining purposes; which may include tables, chairs, shade structures, and planter boxes adjacent to businesses where there is adequate footway width for pedestrian circulation. Provisions for other uses such as street stalls, newspaper stands, A-frames, etc. are not subject to this code.

 

2.     DEFINITIONS

 

Approved Operator:

The proprietor of a restaurant/take away/cafe who has been granted an approval by Hornsby Shire Council to operate an outdoor dining area.

 

Footway:

That part of a road as is set aside or formed as a path or way for pedestrian traffic.

 

Furniture:

Any movable or fixed manufactured item to be used in association with the outdoor dining area.

 

Outdoor dining area:

A restaurant the subject of an approval under Section 125 of the Roads Act 1993.

 

Restaurant, Café, Food outlet:

Premises in which food is regularly supplied on sale to the public for consumption on the premises.

 

 

 

3.     PURPOSE

 

The purpose of this code is to enable business use of the footway in areas adjacent to business premises for the purposes of eating food and to ensure a pleasant and safe environment for shoppers and patrons without compromising the safety or amenity of the public domain or pedestrians using the public footway or adjoining public spaces.

 

4.     OBJECTIVES

 

The objectives of this code are as follows:

 

·      To promote a high quality visual environment.

·      To support local economic development and commercial vitality.

·      To ensure outdoor dining contributes to the improvement (i.e function and safety) of the streetscape.

·      To ensure that pedestrians and other forms of traffic are not unduly obstructed by outdoor dining.

·      To ensure that outdoor dining contributes to the amenity of adjoining or nearby properties.

·      To ensure outdoor dining is compatible with other community uses of public space.

·      To ensure that Council clearly communicates its desires and responsibilities for outdoor dining across the LGA and that the controls are easily understood and regulated.

 

 

5.     LEGISLATIVE PROVISIONS

 

The Roads Act 1993 and the Local Government Act 1993 generally require that a person shall not carry out any activity on a public road or place without the approval of Council.

 

Sections 125, 126 and 127 and in some cases Sections 137-139 of the Roads Act 1993 allow Council to approve the use of a footway for restaurant purposes, as long as using the footway for this purpose is not taken to constitute a public nuisance and does not give rise to an offence against the Roads Act or any other relevant legislation.

 

Section 68 of the Local Government Act 1993 allows Council to approve the placing of articles on or to overhang the footway.

 

Other relevant legislation includes the Food Act 2003 and Food Standards Code.

 

6.     LOCATION REQUIREMENTS

 

This code applies to footways and roadways, public plazas and public squares excluding the Hornsby Mall, under the ownership or management of Council, which would ordinarily be used by the public for pedestrian movements or recreation across Hornsby Local Government Area. This code should also guide any privately owned and managed spaces to achieve consistency between the public and private domain.

 

It applies to all outdoor dining areas where food and beverages are served and the approval process requires an application for permit to occupy. Please note that some conditions differentiate between the Hornsby Mall and the rest of the Hornsby Local Government Area, as the Hornsby Mall is excluded from this code.

 

a)      Precincts

 

For the purpose of this code, the Hornsby Shire has been segmented into various precincts for the assessment of business use of the footway. This segmentation reflects local conditions, opportunities and constraints.

 

The precincts are described with specific requirements in Appendix A.

 

b)  Maintaining Footway Widths

To ensure that access and equity objectives are met, there will be a minimum width for pedestrian circulation as detailed in the precinct guidelines (Appendix A). This will be at least 2 metres continuously maintained for the clear passage of footway users. Council may on merit of the situation consider variation to this standard where the applicant can show that the proposal is consistent with the surrounding environment, adequate pedestrian circulation is maintained or that agreement has been obtained from the Hornsby Council Access Committee. Where the remaining width for pedestrians is less than 2 metres, suitable handrails or appropriate barricades shall be installed along the kerbside as per Council’s requirements to improve safety for all.

c)   Access

Minimum public access along the footway shall be 2 metres and this must be left in a clear and consistent lane along the kerb line or building line as determined by Council.  If outdoor dining is to be located adjacent to the kerb, then a clear space of 600 millimetres is to be maintained behind the kerb to allow for parked vehicles to open kerb side doors.

 

Business use of footway areas is permitted, with the approval of Council, on footways immediately in front of the shop front in locations that do not cause an impediment to other footway users. For corner shops or those that have more than one street frontage, Council may consider having separate permits for each part of the footway, together with different permissible operating hours to address the extent of use and minimise impact on the surrounding environment and local amenities.

 

Business use of footway areas or use of shade structures may be prohibited or restricted, in locations where they obstruct the clear view line of pedestrians or motorists. Clear view lines allow pedestrians to view on-coming traffic and motorists to observe pedestrian movements.

 

Extension of an outdoor dining area where permitted by Council must be directly linked to the current outdoor dining permitted area, except where the alignment of parking spaces prevents this. Extension of outdoor dining beyond the principal premises is dependant on permission being granted from the operator and the property owner of the adjacent business. Should that permission be withdrawn, or the adjacent business change operation, approval will be withdrawn, and outdoor dining must be removed immediately. All structures must be removed at the cost of the permit holder.

 

Where Council is the adjoining landlord (eg a laneway); only half the space will be permitted to be used by the neighbouring restaurant. This will be required unless the landowner on the opposite side of the laneway consents to the use of the entire footway area. Where an extension of the outdoor dining area has been granted, the permit holder must take responsibility for any liability issues that are associated with the outdoor dining area.

 

d)  Existing streetscape elements

Whenever possible, an outdoor dining area should visually relate to and be physically aligned with, existing features and permanent elements of the streetscape and landscape such as trees, landscaping features, lighting, bollards, etc.

 

 

e)   Circulation, safety, health and convenience

In suitable locations a free space of not less than 2 metres in width is to be maintained between the adjoining restaurant and the approved outdoor dining area to ensure safe circulation of pedestrians and those users of mobility aids such as walkers and scooters.

It is essential that outdoor dining areas are kept clean and tidy; that care is taken to ensure that food is handled and presented in a hygienic manner; and that appropriate public risk insurance is in place, which indemnifies Council’s interests. As with any restaurant or eating facility, the approved outdoor footway area is subject to the Food Act 2003 and Food Standards Code. In particular an approved operator will be required to actively discourage patrons from feeding birds within the outdoor dining area. This may be achieved by the inclusion of the words “Do not Feed Birds” on menus or other similar material.

 

When the outdoor dining area is not in use by the approved operator, all moveable furnishings are to be removed and the approved area shall be made available to the public for normal pedestrian use.

 

f)    Suitable locations

In accordance with Section 125 of the Roads Act 1993 outdoor dining areas for commercial use may be approved where conditions are favourable for their operation. Applicants will be required to take public safety, pedestrian and other relevant needs into consideration to ensure that no unreasonable pedestrian hazards will be created in using any part of the footway as an outdoor dining area.

 

Outdoor dining areas must not adversely impact on:

 

• Designated Fire Exits and Fire Hydrants.

• Emergency Access Areas/routes.

• Public Utility Infrastructure.

• Pedestrian thoroughfares.

• Pedestrian /vehicular movements.

 

The following issues also need to be considered when determining the location of an outdoor dining area:

 

• Ground Surface is suitably constructed and sufficiently level with a gradient of less than 1 in 15.

• The outdoor dining area is located directly in front of a restaurant.

• The outdoor dining area does not obstruct access to public utilities.

• The outdoor dining area will not cause any obstruction to signage located within the Mall.

• Power and light poles, Street Litter Bins, Post Office Boxes, and Fixed Signage are specifically excluded from any outdoor dining area.

 

 

 

7.     FURNITURE REQUIREMENTS

 

 

a)   Perimeter Barricades (excluding Bollards)

• Outdoor dining areas must be easily accessible from the public footway and must present an open and inviting image to entice participation. Planter boxes may be used to physically define the perimeters of the outdoor dining area. Enclosures should be kept to a minimum. Barricades, safety rails, bollards, etc. may be permitted where required for safety reasons. All traffic safety barriers must be provided in accordance with Australian Standard 3845.

• The use of framed fabric or any other style of low-height barriers, including planter boxes within the public domain must be carefully designed and selected to ensure minimal impact on the use, enjoyment and safety of pedestrians and patrons. Barriers may be considered between adjoining café areas to have clear demarcation between business activities. Barriers must be removed from the footway when the business is not open. Barrier screens must not be used as an opportunity for advertising. Products, specials or sales may not be displayed on the screens. Pedestrians should not be forced onto the road carriageway by outdoor dining activities or other non-permanent items/structures on the footway.

• Planter boxes may be considered in open areas, such as plazas or footway widening sections which are separated from the main pedestrian desire lines. The planter boxes must be well-maintained by the permit holder. Council reserves the right to order the removal of planter boxes that are not properly maintained including the consistent provision of approved high-quality flowers or vegetation. Permanent planter boxes will only be considered on footway areas where the footway has been widened for specific business use.

• When the business use is approved on the building line, suitable solid high contrast barriers should be installed on either side of the area being used for a business purpose. The height of any solid barrier should be between 900 millimetres and 1.2 metres in height. Solid barriers may be in the form of planter boxes containing vegetation to a total height between 900 millimetres and 1.2metres.

• Any proposed transparent solid barrier (such as Perspex) should comply with AS 1428.1 Access and Mobility and should be clearly marked for the full width with a contrasting line.

 

b)  Bollards

• Barricades, safety rails, bollards, etc. may be permitted where required for safety reasons. All traffic safety barriers must be provided in accordance with Australian Standard 3845.

•  Bollards are to be placed between planters parallel to the kerb, 600 millimetres behind the kerb.   Bollards and concrete footings are to be installed in accordance with the manufacturer’s  specifications and recommendations.

 

 

c)   Signage/Advertising

The following controls apply to all advertising/signage to be displayed on the footway.

• Signage is permitted only on umbrellas.

• Only one sign is permitted per umbrella.

• Signage on umbrellas must relate to the business to which they serve. The signage may include the business name, an associated corporate name (logo) or product. For example, a café may have an umbrella sign which advertises their business name OR a coffee manufacturer OR the particular type of coffee sold at the premises.

• Signage on each umbrella must be consistent with all other umbrellas on the permitted area.

• No other signage will be permitted on any other structure on the footway. This includes signage on furniture, barricades or A-frame signs.

 

d)  Lighting

Any proposed lighting must be included in the application for approval by Council and be in accordance with the relevant Australian Standards and Council's Development Control Plan – Outdoor Advertising.

 

e)   Public Assets

 

The removal/relocation of any Council assets, such as rubbish bins, existing street furniture and planter boxes, shall be subject to Council approval and will be at the applicant’s cost.

 

The removal/relocation of any public utilities/infrastructures, such as the RTA's traffic control boxes, Sydney Water's drainage /sewerage pits, Telstra's telephone boxes, shall not be permitted unless justification on public benefit can be made to Council and approvals have been obtained from the relevant authorities. Works will be carried out at the applicant’s cost.

 

Access required by public utilities will require restoration to pre-work standards and be at no cost to Council.

 

f)    Public Health & Safety 

 

Each applicant is responsible for the cleanliness and tidiness of the area in front of the premises and the immediate surrounds used for outdoor dining. Tables must be cleaned of food scraps immediately after customers leave so as not to attract birds or vermin. All debris must be swept up and disposed of appropriately.

 

All spills must be attended to immediately.

 

The applicant is responsible for maintaining and storing all furniture items and this is to ensure that the furniture is kept neat, tidy and clean when in use. After close of business, all furniture must be removed from the footway area and the area should be swept and stains removed.

Note: Debris must not be swept or hosed into the gutter. This action constitutes a pollution offence for which penalties may be incurred.

 

Where waste receptacles are provided on the footway for the collection of disposable eating utensils it is the responsibility of the applicant to ensure that the receptacles are covered so as not to attract birds or vermin, are cleaned to ensure no odours are produced, and are removed after close of business. All waste from the receptacles must be disposed of by the applicant in the approved waste collection facility associated with the premises.

Note: Waste from receptacles must not be disposed of by the applicant in Council provided street litter bins.

g)  Smoking

Smoking is NOT permitted in any area which is covered or substantially enclosed as defined in the Smoke-free Environment Act 2000. The designated smoking area associated with footway dining must have at least 3 sides open; this includes areas which have plastic drop down sides.

 

h)  Heating

Any heating proposed for use in conjunction with an outdoor dining area must be to Council’s satisfaction, to ensure the safety and amenity of patrons and the general public and be incorporated in the details provided with the outdoor dining permit application.

 

Free standing heaters located within outdoor dining areas must comply with Australian Standard AS 1596 (storage and handling) and AS 4565 Patio Heaters and must be certified by the Australian Gas Association. When not in use the free standing heaters are to be removed from the approved outdoor dining area.

 

Heating devices must be contained wholly within the outdoor dining area and are to be positioned and secured to ensure that they will not cause any injury to patrons or pedestrians. All heating devices shall possess automatic turn off devices in the event of overturning.

 

Direct access to the gas mains and use of electrical extension cords are not permitted. All costs associated with the provision of outdoor heating shall be borne by the applicant.

i)    Umbrellas

Umbrellas are appropriate for providing shade and shelter in exposed locations. The main factor to be considered in respect of the installation of umbrellas within an outdoor dining area is that they must have mechanisms to ensure that they are at all times securely fixed to withstand wind. While the installation of permanent umbrellas is desirous, Council will give consideration to the installation of temporary umbrellas in areas where permanent umbrellas are not practical. All umbrellas shall not extend beyond the approved outdoor dining area.

 

Temporary umbrellas must be a combination of powder coated or polished aluminium, brushed or stainless steel, stained or painted timber, canvas or plastic. Temporary umbrellas must be removed or closed in extremely windy conditions. The underside of the umbrellas must be a minimum of 2 metres above the ground.

 

j)    Furniture Style

Tables and chairs must be powder coated or polished aluminium, brushed or polished stainless steel, stained or painted timber, or a combination of these materials Note: Plastic resin or other lightweight material will not be permitted. The use of mismatched tables and chairs will not be permitted. The tables and chairs must be of the same “family group” to ensure visual unity and enhancement of the surrounds.

 

 

Outdoor furniture should make a positive contribution to the street environment. A furniture style that is practical and elegant and integrates well with the surrounding streetscape is encouraged. The furniture must fold or stack for storage, and be readily removed and stored within the associated indoor premises. All furniture items will be subject to Council’s approval. Favourable consideration may also be given to well designed, creative, and individual alternatives. Furniture colour schemes must form part of any application. Furniture for outdoor dining is required to meet the following criteria:

 

Structure

The furniture should be strong, durable, waterproof and weather resistant, designed for commercial outdoor use. The design must not contain parts that are likely to cause damage to the pavement. Public safety and comfort must be considered. Sharp edges, and hinges or other moving parts must not present a potential hazard to patrons or pedestrians.

 

Materials and colours

Tables, chairs, and umbrellas may be powder coated or polished aluminium, brushed or stainless steel, natural or painted timber or canvas. Suitable colours are natural, camel, terra cotta, brunswick green or black. Dark colours are recommended and surfaces such as table tops must be non-reflective. White table surfaces, chair seats and backs are discouraged due to the tendency for rapid deterioration and discolouring in the urban environment.

 

 

8.     APPLICATIONS AND APPROVALS

 

The following are standard conditions that are applied to approvals for all outdoor dining use of the footway.  Additional requirements for each precinct will be in accordance with section 6a.

 

1. This approval is for the use of the footway adjacent to xxxxxxxxxxxxxx for the term of twelve (12) months. The standard requirements, terms and conditions contained in the permit are to be the conditions of the approval. The term of approval may be extended yearly at Council’s discretion.

2. This approval is subject to the applicant and its guarantors if the applicant is a company, entering into an agreement attached to this approval which when executed by the applicant, any guarantors and Council will constitute a permit to occupy and use the approved footway area.

3. The permit holder must pay to the Council on or before the Commencement Date a Bond by a bank cheque or bank guarantee. The Council may use the Bond to make good the cost of remedying any breach of this permit by the permit holder. The permit holder must replace any amount used by the Council within 14 days of demand.

4. The requirements, terms and conditions contained in the permit are conditions of this approval including the provision of paying permit fees by one full payment of cash or cheque upfront or paying the permit fee quarterly by direct debit. A failed direct debit may incur an administration fee in accordance with Council’s Schedule of Fees and Charges

5. Tables and chairs are not to be placed outside the approved area under any circumstances.

6. The outdoor furniture shall not pose any potential safety hazard, especially with sharp edges or moving parts, to passers-by, patrons, or employees. The furniture shall be firmly secured to avoid risk of moving and falling over in windy conditions or other circumstances. The furniture shall be removed in high wind conditions.

7. The outdoor furniture shall be stackable, foldable or easily dismantled so that it can be removed and stored away.

8. Appropriate footway service shall be provided which includes as a minimum the removal of any dirty plates, cups, cutlery, footway staining, and rubbish on a regular basis during each operating day. As such the area and its surrounds shall be maintained in a clean, tidy and hygienic state.

9. Paper, foam or plastic plates, cups and cutlery shall not be used for footway outdoor eating areas. The selling of any alcoholic or intoxicating liquor is only permitted in the public/footway area if the appropriate licence from the State Liquor Licensing Authority has been obtained and the area has not been designated an alcohol free zone.

10. No business or financial transactions shall be carried out on the footway. Such activities shall be carried out wholly within the confines of the premises. This does not include the giving and taking of bills, and associated tips and change.

11. No part of the footway shall be used as a permanent storage place for any item/s.

12. Where possible, the applicant must provide access in accordance with AS 1428 for people with disabilities.

13. No advertising signs (including menu boards) are permitted on the footway area without Council’s consent.

14. Any aluminium furniture shall have a powder coated or polished finish.

15. Noise - Amplified music is permitted in business use of footway areas, providing it is recorded music and played at not more than 5dba above background noise level and properly licensed. Any amplified music or noise generated from the use of the footway area is to comply with the Protection of the Environment Operations Act – Noise provisions and be approved by Council.

16. Smoking is NOT permitted in any area which is covered or substantially enclosed as defined in the Smoke-free Environment Act 2000. The designated smoking area associated with footway dining must have at least 3 sides open; this includes areas which have plastic drop down sides.

17. Access for service authorities may be required from time to time. No rebate of Council’s fees shall apply unless the area is disrupted for more than 2 weeks in a year.

 

a)   Applications

Proprietors operating an outdoor dining area are required to obtain the necessary permits from Council. In most cases an applicant will be required to obtain consent and a Form of Approval granted in accordance with Section 125 of the Roads Act 1993.

 

Applicants will be required to complete an “Outdoor Dining Application Form” and submit the completed application form together with the relevant plans to:

The General Manager

Hornsby Shire Council

PO Box 37

HORNSBY NSW 1630

 

All costs associated with completing and lodging the necessary applications are to be met by the applicant.

 

Any outdoor dining area intending to serve alcohol requires a separate licence under the Liquor Administration Board, Office of Liquor, Gaming and Racing telephone 9995 0750.

 

b)  Application requirements

Applicants need to provide the following with their completed application form:

 

• Photographs of all of the proposed furniture.

• A clear scaled plan of the area proposed for use as an outdoor dining area including defined boundaries and existing infrastructure such as trees and surrounds, power & light poles, rubbish bins etc.

• A clear scaled plan of the proposed layout and orientation of the tables and chairs.

• Details of any other furniture elements proposed for inclusion in the outdoor dining area (eg lighting, heating, umbrellas, planter boxes etc)

• Fees if applicable, in accordance with Council’s Schedule of Fees and Charges.

 

c)   Notification and approval

Council will notify the outcome of the application for approval to operate. Where appropriate, the application may be referred to the Traffic Committee for comment on the possible impact of the proposed operation on traffic management. The term of an approval will be limited to twelve (12) months.

 

d)  Conditions

The applicant must comply with the conditions set out in the permit and the consent.

 

e)   Approval fee

There is an approval fee for the use of an outdoor dining area, charged per square metre per annum, based on market valuation in accordance with Council’s Schedule of Fees and Charges. A property damage bond equivalent to two months fee is to be lodged by an approved operator with Council.

 

f)    Renewal of Approval

The permit may be considered for renewal following a review of the local environmental factors and may be cancelled or amended if deemed necessary, specifically:

 

• if the approved operator fails to comply with the conditions contained within the permit; or

 

• to account for any altered local environmental conditions.

9.    
APPENDIX A – Precinct specific requirements

 

 

          1        Hornsby Eastside (excluding Hornsby Mall)

          2        All other precincts

 

1 - Hornsby Eastside (excluding Hornsby Mall)

Assessment Principle

The layout and orientation of furniture should be chosen according to the extent and shape of the available space. It shall provide enough space and practicability to ensure patron comfort and deter patrons from moving furniture outside the approved outdoor footway restaurant area. The importance of this issue is stressed to provide permanent unobstructed access for all people, including wheelchair users, visually impaired, electric powered scooters, prams etc. Approved operators are advised that they should make themselves aware of their obligations under the Disability Discrimination Act 1992.

 

Applicants will be required to submit with their application a scaled plan showing the layout and orientation of all furniture proposed to be used in association with the outdoor footway restaurant area.

 

Enclosures and weather protection

Outdoor footway restaurant areas should enrich the pedestrian experience and public life. It is therefore important that they present an open, inviting image and are easily accessible. Enclosures should be kept to a minimum and permanent barricade fencing with planters is not permitted.

 

 

Planter Boxes / Boundary Structures

Planter boxes may be used to physically define the perimeters of an outdoor footway restaurant area to prevent pedestrian conflict and ensure the patron’s safety. Planter boxes should not exceed a total length of 1.8 metres and the total height, including the plants, should not be more than 1.2 metres. The planter boxes are to be maintained in good condition by the outdoor operator and no advertising is to be placed on the planter boxes. All plants located within the planter boxes are to be healthy and well watered by the approved operator. The approved operator will ensure that unhealthy or dead plants are removed and replaced as necessary.

 

The style, design and colour of all planter boxes proposed to be installed by an approved operator shall be subject to the approval of Council.

 

Council will give consideration to the installation of contemporary removable boundary structures or safety railing. Such elements shall be constructed of powder coated or polished aluminium, brushed or polished stainless steel framing and contain suitable clear panel inserts.

 

Umbrellas

Umbrellas are appropriate for providing shade and shelter in exposed locations. The main factor to be considered in respect of the installation of umbrellas within a footway restaurant area is that they must have mechanisms to ensure that they are at all times securely fixed to withstand wind. While the installation of permanent umbrellas is desirous, Council will give consideration to the installation of temporary umbrellas in areas where permanent umbrellas are not practical. All umbrellas shall not extend beyond the approved outdoor footway restaurant area.

 

Umbrellas- Permanent

The dimensions of permanent umbrellas shall be no greater than 4 metres x 4 metres square and be of a similar style to the existing permanent umbrellas installed within the Hornsby Mall. The underside of the umbrella must be a minimum 2 metres above ground level on all sides. Permanent umbrellas may be joined together where the outdoor footway dining area is sufficient. Umbrellas shall consist of a white coloured membrane fabric with powder coated aluminium frames. Drop down sides will be considered however they must be made of a clear plastic material and maintained in sound and aesthetically acceptable condition to Council’s satisfaction. Approved drop down sides must only be used during periods of inclement weather.

 

Umbrellas-Temporary

Temporary umbrellas must be a combination of powder coated or polished aluminium, brushed or stainless steel, stained or painted timber, canvas or plastic. Temporary umbrellas must be removed or closed in extremely windy conditions. The underside of the umbrellas must be a minimum of 2 metres above the ground.

 

 

2 - All other precincts

Area to be occupied

Items of furniture must be located on the kerbside of the footway, unless otherwise approved on the building line. Occupation shall not cause inconvenience to pedestrians. Areas adjoining bus-stops or areas closer than 10 metres from an intersection or corner shall not be occupied except specially designed and fenced areas.

 

Location to be occupied

A distance of 600 millimetres from the kerbside must be kept clear at all times.

 

Pedestrian Access

Minimum public access along the footway is 2 metres and must be left in a clear and consistent line of sight.

 

Shade Structures

Businesses may erect temporary shade structures that must be removed at the close of business daily.

 

Shade covers attached to existing store structures can be considered if they do not block the sight lines adjoining business or services, do not impede access and egress from the shopping strip and do not require attaching to the footway.

 

The unobstructed vertical clearance should be a minimum height of 2 metres and a maximum height of 2.3 metres.