Agenda of Ordinary Council Meeting

Hornsby Shire Council	Agenda and Summary of Recommendations
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AGENDA AND SUMMARY OF RECOMMENDATIONS

PRESENT

NATIONAL ANTHEM

OPENING PRAYER/S

Rev. Geoff Collison from St. Johns Anglican Church, Beecroft will be opening the Meeting in prayer.

Acknowledgement of RELIGIOUS DIVERSITY

Statement by the Chairperson:

"We recognise our Shire's rich cultural and religious diversity and we acknowledge and pay respect to the beliefs of all members of our community, regardless of creed or faith."

ABORIGINAL RECOGNITION

Statement by the Chairperson:

"We recognise the traditional inhabitants of the land we are meeting on tonight, the Darug and Guringai Aboriginal people, and respect is paid to their elders and their heritage."

AUDIO RECORDING OF COUNCIL MEETING

Statement by the Chairperson:

"I advise all present that tonight's meeting is being audio recorded for the purpose of assisting in the accuracy of the Minutes. The recordings may be accessed by members of the public once the Minutes have been finalised and speakers are requested to ensure their comments are relevant to the issue at hand and refrain from making personal comments or criticisms."

APOLOGIES

presentations

declarations of interest

Clause 52 of Council’s Code of Meeting Practice (Section 451 of the Local Government Act, 1993) requires that a councillor or a member of a Council committee who has a pecuniary interest in a matter which is before the Council or committee and who is present at a meeting of the Council or committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable. The disclosure is also to be submitted in writing (on the form titled “Declaration of Interest”).

The Councillor or member of a Council committee must not be present at, or in sight of, the meeting of the Council or committee:

(a) at any time during which the matter is being considered or discussed by the Council or committee.

(b) at any time during which the Council or committee is voting on any question in relation to the matter.

Clause 51A of Council’s Code of Meeting Practice provides that a Councillor, Council officer, or a member of a Council committee who has a non pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable. The disclosure is also to be submitted in writing (on the form titled “Declaration of Interest”).

If the non-pecuniary interest is significant, the Councillor must:

a) remove the source of conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another Council official.

b) have no involvement in the matter by absenting themself from and not taking part in any debate or voting on the issue as if the provisions of Section 451(2) of the Act apply.

If the non-pecuniary interest is less than significant, the Councillor must provide an explanation of why they consider that the interest does not require further action in the circumstances.

confirmation of minutes

THAT the Minutes of the Ordinary Council Meeting held on 11 November, 2009 be confirmed; a copy having been distributed to all Councillors.

Petitions

Mayoral Minutes

Notices of Motion

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Item 1 NOM13/09 On-line Community Engagement

COUNCILLOR Hutchence To Move

THAT a working party consisting of key staff and interested Councillors be formed to consider Council’s approach to on-line community engagement and that a report containing the recommendations from the working party be provided for Council’s consideration by the April 2010 Ordinary Meeting. The report should contain an evaluation of opportunities to use services like You Tube, Facebook, Twitter and other online media to promote Council services and activities at a minimal cost. The report should also contain comment on issues associated with the generation and moderation of content for these online communication forums.

Rescission Motions

MATTERS OF URGENCY

ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS

Note:

Persons wishing to address Council on matters which are on the Agenda are permitted to speak, prior to the item being discussed, and their names will be recorded in the Minutes in respect of that particular item.

Persons wishing to address Council on non agenda matters, are permitted to speak after all items on the agenda in respect of which there is a speaker from the public have been finalised by Council. Their names will be recorded in the Minutes under the heading "Public Forum for Non Agenda Items".

GENERAL BUSINESS

· Items for which there is a Public Forum Speaker

· Public Forum for non agenda items

· Balance of General Business items

General Manager's Division

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Item 2 GM16/09 Tender for Legal Services

THAT:

1. Council adopt the attached Draft Provision for Legal Services Tender T14/2009.

2. Tenders be called for the provision of legal services to Council in accordance with Draft Provision for Legal Services Tender T14/2009.

3. An interview panel be established comprising of one Councillor from each Ward, the General Manager, the Executive Manager Planning and the Executive Manager Works.

4. Council nominate the Councillors to be on the interview panel.

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Item 3 GM17/09 2010 Conference - The American Society of Public Administration

THAT Council approve the attendance of the General Manager at the American Society for Public Administration’s 2010 Conference to be held 9-13 April 2010 in San Jose, California, USA and accept the reasonable costs incurred for registration, accommodation and meals.

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Item 4 GM18/09 Community Strategic Plan including Special Variation to General Income

THAT:

1. Council implement the Department of Local Government’s integrated planning and reporting framework by 1^st July 2010.

2. Council seek Ministerial approval for a one-off special rate variation of 5.8% as outlined in this report, including a rebate of $10 for eligible pensioners.

3. If the special variation to general income for 2010/11 is approved, a total sum of $1,500,000 in the first 2 years of an infrastructure levy be allocated per ward, to be expended on projects determined by ward Councillors in collaboration with ward constituents according to project assessment criteria.

4. If the special variation to general income for 2010/11 is approved as a one-off rate variation of 5.8%, the priority projects nominated in this report be adopted.

5. Council continue to inform, consult and engage with the community regarding planning for the future and the special rate variation until end of February 2010.

Corporate and Community Division

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Item 5 CC90/09 Wallarobba Arts and Cultural Centre - Proposed Fees and Charges

THAT:

1. The contents of Executive Manager’s Report No CC90/09 be received and noted.

2. Council adopt, for the purposes of public exhibition, the draft fees and charges to apply in respect of the use of the Wallarobba Arts and Cultural Centre during the remainder of 2009/10.

3. The draft fees and charges be placed on public exhibition for a period of 28 days in accordance with the requirements of the Local Government Act and Council’s Public and Community Input Policy.

4. If submissions have been received by the conclusion of the public exhibition period, a further report be prepared for Council’s consideration which details the content of all submissions and recommends the final fees to apply for 2009/10.

5. If no submissions have been received at the conclusion of the public exhibition period, the publicly exhibited fees be adopted for the remainder of 2009/10.

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Item 6 CC93/09 Homelessness - Update on Appropriate Local Government Responses

THAT:

1. The contents of Executive Manager’s Report No CC93/09 be received and noted.

2. Council’s Community Services Branch staff continue to participate in the Hornsby Homelessness Task Force and the production of a Homelessness Action Plan.

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Item 7 CC94/09 Review of the Hornsby Mall Code

THAT:

1. The contents of Executive Manager’s Report No CC 94/09 be received and noted.

2. Council adopt the revised draft Hornsby Mall Code, as attached to Report No CC94/09, for the purpose of public exhibition for a minimum period of 28 days.

3. Following the public exhibition period, a further report be prepared for Council's consideration providing details of any submissions received.

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Item 8 CC95/09 Investment and Borrowing Report - October 2009

THAT the contents of Executive Manager’s Report No CC95/09 be received and noted.

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Item 9 CC96/09 Councillors' Expenses and Facilities (Statutory) Policy

THAT:

1. The amended Councillors’ Expenses and Facility Policy, as attached to Report No. CC96/09, be adopted for the purposes of public exhibition.

2. If submissions are received, a further report be prepared for Council’s consideration which addresses any submissions received in respect of the exhibited Policy.

3. Should no submissions be received, the Policy as attached to Report No. CC96/09 be adopted.

4. A copy of the amended Policy be forwarded to the Division of Local Government.

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Item 10 CC97/09 Outstanding Council Resolutions

THAT the contents of Executive Manager’s Report No. CC97/09 be received and noted.

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Item 11 CC98/09 Declarations of Pecuniary Interest and Other Matters

THAT Council note that the Disclosure of Pecuniary Interests and Other Matters Returns recently lodged with the General Manager have been tabled as required by the Local Government Act.

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Item 12 CC99/09 Document Access Applications 24 September 2009 - 18 November 2009

THAT the documents outlined in Attachment 2 of Executive Manager’s Report No. CC99/09 remain exempt from release under Council's Document Access Policy.

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Item 13 CC100/09 Hornsby Mall Strategic Plan - Six Monthly Progress Report - Outstanding Key Actions

THAT:

1. The contents of Executive Manager's Report No. CC100/09 be received and noted.

2. Council note the progress of the implementation of the outstanding Key Actions set out in the Plan of Action associated with the Hornsby Mall Strategic Management Plan.

3. Council endorse the establishment of A Beautiful Hornsby Mall Taskgroup as detailed in Report No CC100/09.

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Item 14 CC103/09 2008/09 Audited Financial Reports - Submission Received from Mr Joe Nagy

THAT the contents of Executive Manager’s Report No. CC103/09 be received and noted.

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Item 15 CC104/09 Government Information (Public Access) Act - Impact on Council Procedures

THAT:

1. The contents of Executive Manager’s Report No. CC104/09 be received and noted.

2. Once more detailed information is available, a further report be prepared for Council’s consideration addressing the particular issues raised in Council’s resolution in respect of CC60/09 and the associated impacts on Council’s policies and practices.

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Item 16 CC105/09 Lease of Cottage - Part of Galston Recreation Area Crown Reserve No D500223 and R81698 412x Galston Road, Galston -Dural and District Historical Society Inc.

THAT:

1. The contents of Executive Manager’s Report Nos CC76/09 and CC105/09 be received and noted.

2. Council determine its preferred option in progressing with a proposed lease of the cottage located on part of Galston Recreation Reserve at Galston.

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Item 17 CC106/09 Headen Park Hall, Sinclair AVenue, Thornleigh - Proposed Lease to Hornsby Woodworking Men's Shed Inc

THAT:

1. The contents of Executive Manager’s Report Nos CC61/09 and CC106/09 be received and noted.

2. Council enter into an Agreement to Lease with the Hornsby Woodworking Men’s Shed Inc in respect of a five year lease over the existing Hall and Hall extension at Headen Park, Thornleigh subject to :

a. The proposed lease to Hornsby Woodworking Men’s Shed Inc being publicly advertised (costs to be borne by the Men’s Shed) and submissions invited within a period of not less than 28 days.

b. A further report being provided to Council should submissions be received objecting to the lease proposal.

3. Subject to the outcome of recommendations 2a and 2b, Council proceed with the Hall extension and delegate the General Manager authority to enter into a lease with Hornsby Woodworking Men‘s Shed Inc for a five year term in accordance with Sections 46 of the Local Government Act 1993 (Lease/Licence of Community Land) on the following basis:

a. A capital contribution of $15,000 being payable on signing of the lease.

b. Rental for the initial 12 months of tenure to be $1,500 per annum, in respect of the extended Hall and 50% of the under storage area of the Hall.

c. Rental for subsequent years to be as follows:

Year 2 - $1,500 + applicable CPI

Year 3 – Year 2 rent + applicable CPI

Year 4 – Year 3 rent + applicable CPI

Year 5 – Year 4 rent + applicable CPI

d. The lessee to be responsible for the payment of all costs associated with services provided to the property including but not limited to electricity, gas and water usage.

e. The lessee to be responsible for the payment of 50% of any Council rates and water and sewerage rates assessed in respect of the Hall on an area occupied basis.

f. The lessee to maintain throughout the term of the lease a public liability insurance policy for an amount of not less than $20 million for any one incident, with such policy noting Hornsby Shire Council as an interested party.

g. The Hall to only be used for the purpose of a men’s shed.

h. The lessee to be responsible for the maintenance responsibilities under the “Community Partnership” category of the Code.

i. The lessee to acknowledge Council’s support in the provision of the Hall in its annual reports and publications, any advertising and community events.

j. The lessee to be responsible to ensure the security of the Hall during the term of their occupation.

k. The lessee to bear 50% of costs incurred in respect of the preparation of the necessary lease documentation.

l. The lessee to comply with the conditions of consent from Development Consent No. DA/542/2008.

m. The hours of operation for wood working activities to be restricted to 9.00am to 4.00pm Monday to Friday and no more than two occasions each calendar month on a weekend or public holiday between the hours of 10.00am and 3.00pm.

Environment Division

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Item 18 EN38/09 Review of Policies and Codes - Environment Division

THAT Council adopt the proposed amendments to Environment Division policies and codes as outlined in Executive Manager’s Report EN38/09.

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Item 19 EN55/09 E-waste Collection Trial

THAT:

1. Council endorse the commencement of an e-waste drop off service for a trial period of six months as outlined in Report EN55/09.

2. A further report be presented to Council at the conclusion of the trial period, addressing the benefits of the trial and making recommendations in regard to the e-waste trial.

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Item 20 EN56/09 Open Space Masterplan for Old Mans Valley

THAT:

1. Council endorse the commencement of community consultations for an Open Space Master Plan for Old Mans Valley as set out in Report EN56/09.

2. Council endorse the Option 1 and 2 plans as attached to Report EN56/09 for community discussion. Consultations shall also include the potential development of a range of trails within OMV and beyond.

3. Council confirm the objective of the community consultation is to identify the scope of recreation facilities to be included in the masterplan, within the context that a large flexible sportsground is included in the works.

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Item 21 EN57/09 Proposal for a Community Garden at Dence Park, Epping

THAT:

1. Council provide in-principle support for the establishment of a community garden within Dence Park.

2. Council authorise the General Manager to enter into a maximum three year lease for the establishment and operation of a community garden within Dence Park, Epping, on the basis of terms generally outlined in Report EN57/09.

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Item 22 EN58/09 Investigation Into The Development Of Mountain Bike Trails Within The Hornsby Local Government Area.

THAT:

1. Council provide in-principle support to the provision of cross country mountain bike tracks as outlined in Report EN 58/09.

2. Council seek opportunities to fund the provision of cross country mountain bike tracks in Hornsby Shire.

3. Council endorse the preparation of a draft mountain bike trail plan for the Hornsby to Westleigh trail network for public consultation, subject to funds being identified for this work.

4. Council include the potential for a mountain bike track and trailhead location within the Masterplan process for Old Mans Valley.

5. Council continue to work with the Department of Environment, Climate Change and Water and the mountain bike community to develop preferred mountain bike trail options within the Hornsby Shire.

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Item 23 EN59/09 Water Quality Monitoring Program - Annual Report 2008/2009

THAT the contents of Executive Manager’s Report No. EN59/09 be received and noted.

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Item 24 EN61/09 Draft NSW Coastal Planning Guideline - Adapting to Sea Level Rise

THAT Council forward a submission to the Department of Planning based on the issues contained in Executive Manager’s Report EN 61/09.

Planning Division

Nil

Strategy Division

Nil

Works Division

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Item 25 WK86/09 NSROC Tender 10/2009 Supply & Delivery of Regulatory Signs and Street Name Blades

THAT Council accept the tenders of RMS Pty Ltd and Artcraft Pty Ltd as Council’s preferred suppliers for the supply of Regulatory Signs and Street Name Blades for a two year period with an option to extend for a further twelve months subject to satisfactory performance.

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Item 26 WK87/09 Tender T22/2009: Design and Construction - Epping Water Harvesting Schemes

THAT:

1. Council accept the following tenders submitted by Optimal Stormwater Pty Ltd for Tender No. T22-2009: Design and Construction - Epping Oval Water Harvesting Scheme for the lump sum prices as stated in the attached Confidential Memo (WD D&C 41/09):

· Epping Oval – Conforming

· North Epping Oval – Alternative

· Somerville Oval – Alternative

2. The prices to be made public on formal acceptance of the tender.

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Item 27 WK89/09 Clothing Recycling Collection Bins

THAT:

1. A policy regarding the placement of recycled clothing collection bins be developed, having regard to the principles set out in Report WK89/09.

2. Council consult with NACRO registered operators in the development of this policy.

3. Subject to any policy that may be adopted, Council continue to permit the placement of recycled clothing collection bins in public places in the Shire.

4. Learning Links be permitted to place a bin, on a trial basis for a 12 month period, in two locations, to be agreed by the Manager, Waste Management and Manager, Assets.

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Item 28 WK90/09 Hornsby Shire Car Parking Management Strategy - Resourcing

THAT:

1. Council note the requirement for additional funding of $38,500 to enable the preparation of a Hornsby Town Centre Car Parking Strategy to progress.

2. Consideration be given to the allocation of funds in the December 2009 budget review to enable the Hornsby Town centre Parking Strategy to proceed.

3. Following the completion of the Hornsby Town Centre Car Parking Strategy, consideration be given to the preparation of a Shire Car Parking Strategy for the rest of the Shire at a cost of approximately $36,500 with this project to be considered for funding in the 2010/11 budget.

SUPPLEMENTARY AGENDA

PUBLIC FORUM – NON AGENDA ITEMS

Confidential Items

Item 29 EN60/09 Acquisition of Land for Conservation Purposes

This report should be dealt with in confidential session, under Section 10A (2) (c) of the Local Government Act, 1993. This report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.

Mayor's Notes

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Item 30 MN12/09 Mayor's Notes from 1 to 31 October 2009

Questions of Which Notice Has Been Given

QUESTIONS WITHOUT NOTICE

General Manager's Report No. GM17/09

General Manager Division

Date of Meeting: 9/12/2009

3 2010 CONFERENCE - THE AMERICAN SOCIETY OF PUBLIC ADMINISTRATION

EXECUTIVE SUMMARY

The American Society for Public Administration is conducting its 2010 Annual Conference from 9 to 13 April, 2010 in San Jose, California, USA.

The Conference is conducted through plenary sessions, concurrent panel sessions, best practices workshops, round table discussion circles, poster sessions and super sessions and is formulated through 15 special interest tracks which cover topics of particular interest including human resources, green policies, fiscal stewardship, social equity, leadership, e government and accountability.

It is considered that the General Manager’s attendance at this Conference will assist Council in facing the short and long term challenges within the Shire and developing a more sustainable future.

The General Manager will accept all transport costs associated with his attendance and requests council’s support for attendance and for assistance with the conference registration fee, accommodation and meals as applicable to an interstate conference in Australia.

PURPOSE/OBJECTIVE

The purpose of this Report is to obtain Council’s approval for the General Manager’s attendance at the American Society for Public Administration’s Annual Conference – 9-13 April, 2010.

DISCUSSION

Professional development is an important and essential component of the personal development of Council staff. It is crucial that our staff have an understanding of local government and public sector issues and that we enhance the capacity of our managers to achieve the objectives of Council’s policies and priorities. It is also seen as an avenue for achieving success in today’s competitive environment and in Hornsby’s case, maintaining us as a highly respected performer in local government.

The value of learning and training is well known and is acknowledged in our Manager’s Employment Contract as deserving of Council support.

The American Society for Public Administration, is conducting its 2010 Annual Conference from 9 to 13 April, 2010 in San Jose, California, US.

Attached to this Report is a copy of the Conference Brochure. The Conference is conducted through plenary sessions, concurrent panel sessions, best practices workshops, round table discussion circles, poster sessions and super sessions.

The Conference programme is formulated through 15 special interest tracks which cover the following topics of particular interest:

· Managing human capital: securing the future of public service.

· Does going green require a Kansas tornado? policy possibilities versus fiscal realities of implementing green policies.

· Fiscal stewardship: how the Federal, State and Local Governments implement and enforce tough decisions.

· Positive change for all: achieving social equity in the public service for minorities, women and youth.

· Future challenges for public leadership: professionalism and ethics.

· Transparency: managing e government to engage the public.

· Accountability of outcomes: managing performance and measuring results.

It is considered that the General Manager’s attendance at this Conference will assist Council in facing the short and long term challenges within the Shire and developing a more sustainable future.

The General Manager will accept all transport costs associated with his attendance and requests council’s support for his attendance and for assistance with the conference registration fee, accommodation and meals as applicable to an interstate conference in Australia.

BUDGET

With the floating and somewhat variable Australian and US dollars, it is not possible to accurately determine the budget implications. The costs to be accepted by Council would only be the conference registration fee, accommodation and meals. The estimated cost based upon $A = US 90c would be approximately $2,000. Funds for conferences are available within the allocated budget.

POLICY

There are no policy implications with the adoption of this Report.

CONSULTATION

There was no consultation undertaken in the preparation of this Report.

TRIPLE BOTTOM LINE SUMMARY

The Triple Bottom Line is a framework for improving Council’s decisions ensuring accountability and transparency on social, environmental and economic factors. It does this by reporting upon Council’s strategic themes. As briefly shown above, the Conference presentations will contribute to the following Triple Bottom Line considerations.

Governance –Guidance towards a sustainable future

Ecology – Protect and enhance our natural environment

Economy – Resilient local economy & sustainable resource use

Society and Culture – Enhance social and community wellbeing

Human Habitat – Effective community infrastructure and services.

RESPONSIBLE OFFICER

Mr Robert Ball, General Manager

RECOMMENDATION

Robert Ball

General Manager

General Manager Division

Attachments:

1.View

ASPA Annual Conference & Registration (6pages)

File Reference: F2004/05848-02

Document Number: D01290558

General Manager's Report No. GM18/09

General Manager Division

Date of Meeting: 9/12/2009

4 COMMUNITY STRATEGIC PLAN INCLUDING SPECIAL VARIATION TO GENERAL INCOME

EXECUTIVE SUMMARY

The NSW Department of Local Government’s model for integrated planning and reporting includes developing and adopting a Community Strategic Plan (describing the community’s ten-year vision/dream for Hornsby), a four-year Delivery Program which operationalises the Community Strategic Plan, and an annual Operational Plan (Budget). Hornsby Shire Council is in a position to signal its intent to adopt the Department of Local Government’s new model and commence operating within the model’s framework as of 1^st July 2010. Congruent with the move towards a Community Strategic Plan is the seeking of approval from the Minister for Local Government for a special variation to general income (an infrastructure levy).

Community engagement has demonstrated support for a one-off rate variation (levy) which runs concurrently with both the Catchment Remediation Rate and the Hornsby Quarry Loan Rate. The purpose of the new rate variation is to improve Hornsby’s ageing infrastructure and fund new facilities to meet the changing needs of the community, hence the rate would be known as an infrastructure levy. The proposed infrastructure levy, if approved by the Minister in accordance with Section 508 (2) of the Local Government Act 1993, would be a one-off special rate variation of 5.8% and would apply from 2010/11.

PURPOSE/OBJECTIVE

The purpose of this report is to establish Hornsby Council’s intent to implement the NSW Department of Local Government’s integrated planning and reporting framework for local councils. In undertaking to implement the framework as of 1^st July 2010, Hornsby Council is committing to develop a long term Community Strategic Plan and a corporate response to that plan, a Delivery Program. Part of the corporate response includes the seeking of Ministerial approval for a special variation to general income (an infrastructure levy) to improve ageing infrastructure and build new facilities to meet the changing needs of our community.

DISCUSSION

At the Councillors Strategic Planning Weekend in February 2009, Councillors determined a number of specific priorities for 2009/10 including investigation of community preferences for modes of rating to fund the upgrade of recreational facilities and other infrastructure.

This determination was confirmed by Councillors at the September Ordinary Meeting (Report GM13/09), in which it was agreed to pursue a special variation to general income as part of the 2010/11 Management Planning process. It was also agreed to implement activities to engage the community in long term planning and seek feedback from the community regarding any issues or concerns relating to a proposed infrastructure levy.

Consultation activity

Activities to inform the community of the proposed rate variation to general income (infrastructure levy) and public consultation for planning the future included:

Ø Flyer delivered to 46,200 homes with the second quarter rates notice

Ø Advertisements in the three major newspapers (Hornsby Advocate, Hills News, Northern District Times)

Ø A large front page article in the Hornsby Advocate

Ø Prominent signage at five Libraries, Hornsby Aquatic Centre, community centres at Berowra, Cherrybrook, Epping and Pennant Hills as well as five child care centres

Ø On Council’s web site - 20^th October to 30^th November 2009

Ø On Bang the Table web site - 20^th October to 30^th November 2009

Ø Email notification to

Ø 800 community panel members

Ø 900 people in bushcare groups

Ø 313 people in Over 55’s Advocacy group

Ø 156 people registered for sustainability notices

The purpose of the information was to alert people to Council’s desire to improve the ageing infrastructure and build new facilities to meet the changing needs of the community and encourage community participation in planning for the future of the Shire.

Activities to engage the community about the proposed rate variation to general income (infrastructure levy) and consult for planning the future included:

Ø Community engagement study May 2009 (857 residents)

Ø Social planning consultations May and June 2009 (950 people)

Ø Youth surveys (face to face) at local cinema, dance festival and other events (103 people aged 13 – 17 years)

Ø Survey (face to face) of 20 young adults at Hornsby Mall, 29^th November 2009

Ø Primary school children via hand held devices at three local schools, December 2009

Ø Business survey (243 businesses) by email, October 2009

Ø Focus groups during September, October and November 2009 (161 attendees)

Ø Deliberative community meeting on Saturday 21^st November 2009 (40 participants)

Ø Feedback via yoursay@hornsby.nsw.gov.au, 20^th October to 30^th November 2009

Ø Moderated forum on Bang the Table web site, 20^th October to 30^th November 2009

The engagement and consultation activities had a number of purposes. Firstly, to build support for the development of a community strategic plan based on the community’s dream/vision for Hornsby while recognising the challenges in delivering that dream/vision. Secondly, to involve people and inform about Council’s desire to improve the ageing infrastructure and build new facilities to meet the changing needs of the community. Thirdly, to assist ratepayer understanding of Council’s finances and the business case driving the proposed one-off rate variation including the rating options, and fourthly to elicit community preference regarding priority infrastructure projects.

The community meeting and focus groups were based on deliberative principles. Deliberative public engagement is a distinctive approach to involving people in decision-making. It is different from other forms of engagement in that it is about giving participants time to consider and discuss an issue in depth before they come to a considered view. As part of the deliberative process participants were provided with nine issues papers discussing key issues facing the Hornsby community in 2009 and a summary paper of ‘frequently asked questions’ about council rates. This background reading provided a context for informed engagement at each consultation.

The rating paper and the nine issues papers were also available from council’s web site and the Bang the Table site. The nine issues papers addressed the following contemporary issues in Hornsby:

1. Quality of life

2. Ageing population

3. Housing affordability and suitability

4. Living sustainably

5. Climate change

6. Transport and moving around

7. Infrastructure in Hornsby

8. The local economy

9. The financial sustainability of the organisation

Consultation findings

The findings from consultation and engagement about long term planning for the future of the Shire generally indicate that residents of the Hornsby Shire value the characteristics of the area and are very keen to retain those characteristics in the long term, namely the bushland, the sense of space, the sense of community and the ‘village’ atmosphere of the local shops. In essence people describe their quality of life as very positive. At the same time people express concern about the increasing population and trend to medium and high density development and the lack of additional infrastructure to cater for new residents. While people recognise the area is well serviced by public transport they are concerned at the lack of accessibility at many transport nodes and the lack of coordination between rail and bus services.

The outcomes from the consultation and engagement about the proposed rate variation indicate that, when residents understand and appreciate the enormity of the problem, the majority support the introduction of a rate variation (infrastructure levy). Approximately 80% of people would prefer an infrastructure levy to be introduced as a new one-off levy in 2010/11 running concurrently with both the Catchments Remediation Rate (CRR) and the Hornsby Quarry Loan Rate (HQLR). The concept of extending the HQLR beyond its current cessation date of 2014/15, thereby negating the need to introduce a new special rate immediately, was seen as unacceptable by most people. Residents much prefer to retain the HQLR as a separate rate with the definite and distinct purpose of funding the compulsory acquisition of the Hornsby Quarry. This may be attributed in part to a desire to own the asset and also a desire to see Council fulfil its earlier commitment to pay the quarry loan by 2014/15.

Other outcomes from the community consultation and engagement about the proposed one-off rate variation include:

Ø A need for a firm proposal regarding the percentage and/or value of the proposed rate variation (infrastructure levy)

Ø A desire for monetary consideration for pensioners

Ø Majority agreement by the community that the Hornsby Aquatic Centre is the highest priority project for funding by an infrastructure levy

Ø The second priority project is the Hornsby pedestrian over bridge

Ø The need for a list of infrastructure improvement projects preferred and defined by Council

Ø The willingness of the community to contribute to the list of possible projects to be funded by a levy

Ø A wish by the community to be kept appropriately informed of the funding allocation and the projects funded from an infrastructure levy

The results from BangtheTable web site and the Yoursay@hornsby email address differ markedly from the other consultations, probably attributed to the different levels of understanding of the issues and problems.

The information about the availability of these sites was posted to 46,200 ratepayers plus featured in advertising. 500 people viewed BangtheTable (a respectable number) and spent an average of over six and a half minutes each on the site. 171 people downloaded 288 documents yet only 19 people commented. The Yoursay@hornsby received 26 emails, 20 oppose a rate variation, 2 would like more information and 4 support a rate variation. It can be inferred from the low numbers of emails and comments compared to the large number of people advised of these sites, that the community does not consider the proposed rate variation (infrastructure levy) at the proposed rate of 5% - 6% to be an issue of major significance.

Councillor workshop

Councillors were informed of the above findings at an informal workshop on Wednesday 25^th November 2009. At that workshop there was informal agreement to proceed to seek approval for a one-off special variation to general income (infrastructure levy) in accordance with Section 508(2) of the Local Government Act 1993, and that eligible pensioners would be offered a $10 rebate.

It was also agreed that, taking account of community preference and need, the follow three major projects were to be funded by the proposed infrastructure levy:

1. Hornsby Aquatic Centre

2. Hornsby pedestrian over bridge

3. Old Mans Valley for recreation purposes

Councillors also recognised the community desire to nominate ward specific projects and therefore proposed the total allocation of $1,500,000 per ward in the first 2 years of an infrastructure levy. The projects to be funded would be determined by ward Councillors in collaboration with their constituents and according to project assessment criteria which would include triple bottom line principles and take account of ongoing financial and maintenance implications.

Extent of Infrastructure Levy

During the community consultations to date, residents have been advised of a potential rate increase for an infrastructure levy of 5% to 6%. This figure has not been more precisely defined than being in the vicinity of $60 to $70 per week for the average ratepayer.

There is a need for Council to be more precise and it is proposed that the increase be expressed as a one-off special rate variation of 5.8% of the combined Ordinary (residential, farmland, business and CBD business) Rate and the Catchments Remediation Rate (CRR).

The Hornsby Quarry Loan Rate should be excluded from the calculation as this rate will cease after the 2014/15 levy.

Based on the Rating Statement contained within the Management Plan 2009/10 – 2011/12 a one-off special rate variation of 5.8%, as proposed above, would generate an increase in the rate levy of $3,229,869 prior to any pensioner rebate. As with the Hornsby Quarry Loan Rate eligible pensioners should receive a $10 reduction on the amount applicable.

All documentation, advertising, marketing and other information relating to the proposed special variation to general income would be based on this figure, and subject to community consultations, would be the amount for which approval would be sought from the Minister for Local Government as part of the 2010/11 Management Planning process and in accordance with Section 508 (2) of the Local Government Act 1993.

Community Strategic Plan

Congruent with seeking approval for a special variation to general income is the move towards developing and adopting a Community Strategic Plan which would describe the community vision/dream for Hornsby to the year 2020. Aligned to the Community Strategic Plan would be a four-year Delivery Program to systematically translate the community’s strategic goals into actions. The Delivery Program would be supported by an annual Operating Plan (Budget). The Delivery Program process will replace the requirement for Management Planning, and become a single point of reference for all activities undertaken by Council. All plans, projects and programs should be directly linked to the Delivery Program. In doing so Hornsby Shire Council would fulfil the requirements of the Local Government (Planning and Reporting) Amendment Act 2009.

BUDGET

There are no direct budget implications for this report. The activities to consult and engage the community have and will continue to be funded from within existing budget.

POLICY

There are no policy implications for this report.

CONSULTATION

Face to face consultations have occurred with over 200 residents of Hornsby, and have been ward based as well as interest area based. Broad web consultation has taken place via email and via BangtheTable’s independently moderated web forum. Further information is contained in the section titled ‘Consultation activity’ in the body of this Report.

TRIPLE BOTTOM LINE SUMMARY

A Community Strategic Plan, including a special variation to general income to fund infrastructure improvements, will contribute to community development through the provision of sustainable facilities and services by enhancing the amenity and use of public open space.

Enabling the community, in collaboration with Councillors, to influence the selection of projects in each ward encourages community pride in the area. This proposal will also have a

positive impact on the use of existing infrastructure by upgrading and improving the functionality and public safety of civil assets.

The proposed rate variation (infrastructure levy) will also enable Council to maintain its assets in a financially viable manner.

RESPONSIBLE OFFICER

The responsible officer for this report is Julie Williams, Manager Corporate Strategy, General Manager’s Division. She can be contacted on 9847 6790 during business hours.

RECOMMENDATION

THAT:

1. Council implement the Department of Local Government’s integrated planning and reporting framework by 1^st July 2010.

2. Council seek Ministerial approval for a one-off special rate variation of 5.8% as outlined in this report, including a rebate of $10 for eligible pensioners.

4. If the special variation to general income for 2010/11 is approved as a one-off rate variation of 5.8%, the priority projects nominated in this report be adopted.

5. Council continue to inform, consult and engage with the community regarding planning for the future and the special rate variation until end of February 2010.

Julie Williams

Manager, Corporate Strategy

Strategy Division

Robert Ball

General Manager

General Manager Division

Attachments:

There are no attachments for this report.

File Reference: F2009/00024

Document Number: D01290168

Executive Manager's Report No. CC90/09

Corporate and Community Division

Date of Meeting: 9/12/2009

5 WALLAROBBA ARTS AND CULTURAL CENTRE - PROPOSED FEES AND CHARGES

EXECUTIVE SUMMARY

Following its consideration of Report No CC55/09 in August 2009, Council resolved to develop the Wallarobba Arts and Cultural Centre within the Homestead building of the existing Willow Park Community Centre complex. Due to the timing of Council’s decision, fees and charges for use of the rooms in the new Arts and Cultural Centre were not included in Council’s 2009/10 Fees and Charges document.

Draft fees and charges have subsequently been developed in consultation with the Hornsby Shire Arts Reference Committee and have been market tested against those charged in surrounding local government areas for similar facilities.

This Report seeks Council’s endorsement for the public exhibition of the draft fees and charges. If any submissions are received by the conclusion of the exhibition period, it is recommended that a further report be prepared for Council’s consideration. If no submissions are received, it is recommended that the draft fees and charges be adopted and implemented for the remainder of the 2009/10 financial year.

PURPOSE/OBJECTIVE

The purpose of this Report is for Council to adopt, for the purposes of public exhibition, the proposed fees and charges to apply in respect of use of the Wallarobba Arts and Cultural Centre during 2009/10.

DISCUSSION

At its August 2009 Ordinary Meeting, Council considered Executive Manager’s Report No. CC55/09 - Proposed Establishment of Wallarobba Arts and Cultural Centre. The Report, which incorporated a recommendation from the Community, Cultural and Recreation Facilities Task Force that community use of the Homestead within the Willow Park Community Centre be realigned to encourage, foster and grow arts and cultural development within the Hornsby Shire, was adopted by Council.

The location, design and style of the building supports Council’s intention to foster, manage and broker arts and cultural development within the Hornsby Shire. The demand for a facility such as this has been unmet for a number of years, largely due to budget constraints. With 13 rooms, the building lends itself to multiple arts and cultural development activities and opportunities during the week and exhibitions/displays on weekends. The facility also provides the necessary infrastructure to support the development of arts and cultural networks within the community.

Since Council’s decision to proceed, draft fees and charges for use of the Arts and Cultural Centre have been developed in consultation with the Hornsby Shire Arts Reference Committee and have been market tested against those charged in surrounding local government areas for similar facilities.

The proposed fees and charges identify four key uses of the Arts and Cultural Centre i.e.

· Hire of exhibition space

· Hire of meeting/art production spaces

· Use of the community art studio

· Use of the artist in residence studio - hired to individuals or groups for exclusive use for a fixed period of time (up to three months).

If Council is supportive of the proposed fees and charges, they will be publicly exhibited for a period of 28 days in accordance with the requirements of the Local Government Act. The exhibition period provides members of the public, as well as Councillors and staff, with an opportunity to make submissions in respect of the exhibited fee or charge. In this regard it is noted that in accordance with Council’s Policy – Public and Community Input, the period between 20 December and 20 January is not to be counted as part of the exhibition period.

If submissions have been received by the conclusion of the public exhibition period, a further report will be prepared for Council’s consideration which details the content of all submissions and recommends the final fees to apply for 2009/10. It is anticipated that such a report would be presented for Council’s consideration by the March 2010 Ordinary Meeting.

If no submissions are received, it is recommended that the exhibited fees and charges be automatically adopted for the remainder of 2009/10 i.e. no further report would need to be provided to Council.

BUDGET

There are no adverse budgetary implications associated with this Report.

POLICY

This Report seeks to implement one of the recommendations of the Hornsby Shire Cultural Plan 2008-2010.

CONSULTATION

The proposed fees and charges for Wallarobba Arts and Cultural Centre were developed in consultation with the Hornsby Shire Arts Reference Committee.

TRIPLE BOTTOM LINE SUMMARY

A Triple Bottom Line assessment is not required as this Report deals with the implementation of an adopted chapter of the Social Plan.

RESPONSIBLE OFFICER

The officers responsible for the preparation of this Report are Ms Samantha Colbert – Coordinator, Community and Cultural Facilities; and Mr David Johnston – Manager, Community Services Branch. They may be contacted on 9847 6548 and 9847 6800 respectively.

RECOMMENDATION

THAT:

1. The contents of Executive Manager’s Report No CC90/09 be received and noted.

2. Council adopt, for the purposes of public exhibition, the draft fees and charges to apply in respect of the use of the Wallarobba Arts and Cultural Centre during the remainder of 2009/10.

3. The draft fees and charges be placed on public exhibition for a period of 28 days in accordance with the requirements of the Local Government Act and Council’s Public and Community Input Policy.

5. If no submissions have been received at the conclusion of the public exhibition period, the publicly exhibited fees be adopted for the remainder of 2009/10.

David Johnston

Manager - Community Services

Corporate and Community Division

Gary Bensley

Executive Manager

Corporate and Community Division

Attachments:

1.View

Fees and Charges - Hall Hire

File Reference: F2004/06416

Document Number: D01267369

Executive Manager's Report No. CC93/09

Corporate and Community Division

Date of Meeting: 9/12/2009

6 HOMELESSNESS - UPDATE ON APPROPRIATE LOCAL GOVERNMENT RESPONSES

EXECUTIVE SUMMARY

In December 2008, Council considered Report No CC107/08 and requested staff to consider appropriate local government responses to homelessness once the Homelessness Task Force convened by Ms Judy Hopwood MP had reached agreement on a way forward. Also, in February 2009, Council considered the Social Plan Report Card (refer Report No CC04/09) and requested that initial investigations be undertaken in relation to current local government responses to homelessness, specifically those undertaken by Parramatta City Council.

This Report seeks to outline the actions of other local government areas and recommends that Council continue to work with the Hornsby Homelessness Task Force to plan future interventions to reduce homelessness in the Shire. In this regard, the Homelessness Task Force has determined that it will produce a ten year Homelessness Action Plan for the Hornsby region. It is noted that the Hornsby Shire Social Plan commits staff from the Community Services Branch to working with the Task Force to undertake this planning work.

PURPOSE/OBJECTIVE

The purpose of this Report is to respond to Council resolutions associated with Report No CC107/08 and Report No CC4/09, both of which relate to appropriate local government interventions associated with the issue of homelessness.

DISCUSSION

Since Council considered Report No CC107/08 in December 2008, a number of developments have occurred at a State and Federal level in relation to homelessness. The Federal Government, in its White Paper - The Road to Home (released on 21 December 2008), stated that:

Homelessness is everyone’s responsibility. Ending homelessness requires sustained long-term effort from all levels of government, business, the not-for-profit sector and the community.

As part of the White Paper, the Government allocated $1.2 billion over four years in addition to their current investment in homelessness. This represents a 55% increase in investment. By 2020, 50,000 affordable rental homes for low income and moderate income earners, 2,700 homes for people who are at risk of homelessness and approximately 9,000 homes in indigenous communities will be built.

At a State level, an agreement has been reached by all State and Territory governments to work towards two key goals:

1. To halve overall homelessness by 2020

2. To offer supported accommodation to all rough sleepers who need it by 2020

As a result of this commitment by State and Territory governments, the NSW Government recently produced the NSW Action Plan 2009 - 2014: A Way Home: Reducing Homelessness in NSW. This document clearly defines the issue of homelessness and documents the NSW State Government’s vision, targets and financial commitment to reducing homelessness. The three strategic directions/outcomes are:-

1. Preventing homelessness

2. Responding effectively to homelessness

3. Breaking the cycle of homelessness

In order to review the responses to homelessness by other local government areas, staff have contacted Parramatta City Council, Sydney City Council and Blacktown City Council. Comments in respect of each of those Council’s approaches to the issue of homelessness are provided below.

Parramatta City Council

Since March 2009, the Community Capacity Building Team at Parramatta City Council has coordinated the development of the Parramatta Region Homelessness Interagency. In May, an ‘Affordable Housing Policy’ was considered by Council and they resolved to adopt the Policy and the associated implementation plan in an attempt to support people in mortgage/rent stress. More recently, Council resolved to allocate $25,000 to undertake further work with external organisations to improve the wellbeing of homeless people in the City - as well as residents, workers and visitors to the Council area. Work has also commenced on reviewing the Council’s strategic partnership with Housing NSW and NSW Health, including the development of mutually beneficial projects for the next three years. A key outcome of the ‘A Way Home: Reducing Homelessness in NSW’ is a collaborative approach to resource sharing and reducing duplication. This partnership work will enable this process outcome to be met.

Sydney City Council

Sydney City Council are part of the Inner City Forum of Lord Mayors (10 councils) who have agreed to work together on the development of Regional Homelessness and Affordable Housing Plans. This Forum has developed The Inner – Sydney Regional Plan. Part of this Plan involves negotiating resourcing allocations by State and Federal governments, not for profit, faith based organisations, the private sector and people who have experienced homelessness. Sydney City’s Homelessness Unit coordinates an independently chaired homelessness interagency group to address the issue of homelessness within its local government area.

Blacktown City Council

In 2007, Blacktown City Council joined forces with Penrith, Hawkesbury and Blue Mountains Councils. These Councils, along with key government agencies, businesses, 35 local services that address homelessness and over 100 community organisations form the Nepean Campaign Against Homelessness (NCAH). NCAH’s fundamental aim is to highlight the issues of homelessness and the lack of affordable housing in the area. This advocacy work took place during the 2007 Federal election campaign. Following on from the initial advocacy work, a regional Task Force on homelessness was formed to develop the draft Blacktown City Affordable Housing and Homelessness Strategic Plan. The Plan is “opportunity focussed” and considers the potential to leverage funding for local infrastructure, services and programs through the State and Federal policies and funding programs. The Task Force has also formed a consortium of local homelessness services from the region who are partnering to establish Nepean Wentworth Supportive Housing, a supportive housing homelessness service model. This model is a way of working that involves collaboration and partnership by a range of non-government organisations who are also sharing resources to address issues.

The draft Blacktown City Affordable Housing and Homelessness Strategic Plan proposes to address the following strategies:

1. Affordable housing

· Position Blacktown City for funding opportunities

· Increase the supply of affordable housing available for purchase

· Increase the supply of affordable rental properties

· Support for people experiencing mortgage stress

· Increase the capacity of the community members to participate in housing

2. Homelessness

· Position Blacktown City for funding opportunities

· Increase the number of spaces in local emergency and supported accommodation services

· Early intervention support for people at risk of homelessness

Blacktown City Council are also working with Sydney City Council, the Mercy Foundation and Nan Roman (CEO of the US National Alliance to End Homelessness) to better inform their response to homelessness.

Hornsby Homelessness Task Force

In response to ‘A Way Home: Reducing Homelessness in NSW’, the Member for Hornsby, Ms Judy Hopwood MP has coordinated the Hornsby Homelessness Task Force. Members of the Task Force include members of the community and a variety of different stakeholders including the Ku-ring-gai Local Area Command, Department of Housing, NSW Health, St. Vincent de Paul, the Salvation Army, the Mercy Foundation, Community Drug Action Team (CDAT), faith based groups and staff from Hornsby Shire Council. The Member for Hornsby, informed the NSW Legislative Assembly at its meeting in March 2009 of the Hornsby Homelessness Task Force and its intended aims and objectives. As a result, Ms Hopwood met with the Minister for Housing, Mr. David Borger, who agreed to assist financially with mapping/research into homelessness issues in Hornsby. The Task Force is increasing in membership and the group are beginning to develop a 10 year action plan. This work is being overseen by Felicity Reynolds, CEO of the Mercy Foundation.

Summary and Way Forward

As a result of documenting a number of local government responses to homelessness, a number of essential themes have emerged. These include the need for a coordinated, integrated, multi-agency approach to addressing the issue of homelessness. At a community level there is a need for community development work to be undertaken with local services, service coordination, lobbying and advocacy. At a strategic level, formal partnerships are required with peak bodies and State Government departments such as the Department of Housing and Department of Health in order to progress responses to homelessness. Local government can also actively seek to influence the availability of affordable housing through policy work. This approach is not considered herein as it is noted that affordable housing was a consideration in the draft Hornsby Housing Strategy. All of these features will no doubt be addressed in the forthcoming 10 year action plan that will be produced by the Hornsby Homelessness Task Force.

Previous reports on this subject have recommended that an appropriate Council commitment to homelessness be governed by the activities initiated by the Hornsby Homelessness Task Force. The Hornsby Shire Social Plan 2010 - 2014 reinforces this approach. The Hornsby Homelessness Task Force is still formulating an appropriate local (10 year) strategy and the Social Plan recommends that Council consider the contents of this plan in determining further commitments. As such, it is recommended that Council’s commitment to the Homelessness Task Force continue and that Community Services Branch staff actively engage in the development of this Plan with Task Force partners.

BUDGET

Council’s existing Community Services resources are currently being reorganised in order to implement the Social Plan 2010 - 2014. Given that the issue of homelessness is nominated as an issue in the Social Plan, any actions undertaken will be funded from existing resource allocations.

POLICY

There are no policy implications associated with this Report. Should Council wish to consider Affordable Housing or Low Cost Housing Policies in the future, these issues should be thoroughly researched and considered at that point.

CONSULTATION

The following consultation has occurred in the preparation of this Report:

External

· Members of the Hornsby Homelessness Task Force

Internal

· Sharon Mizzi – Coordinator, Youth Services

· James Farrington – Manager, Town Planning Services

TRIPLE BOTTOM LINE SUMMARY

Working with our community

The information contained in this Report has been obtained through consultation with a number of relevant stakeholders.

Conserving our natural environment

The information contained in this Report does not impact negatively on our natural environment.

Contributing to community development through sustainable facilities and services

The recommendations contained in this Report contribute to community development outcomes as detailed in the Social Plan 2010 - 2014. The Plan also encourages and facilitates participation by all members of the community.

Fulfilling our community’s vision in planning for the future of the Shire

The proposal is sympathetic with the community's articulated vision for the Shire.

Supporting our diverse economy

The information contained in this Report will not adversely impact on the economy of the Shire.

Maintaining sound corporate and financial management

The recommendations contained in this Report are proposed to be funded within existing budgets and grants.

Other Sustainability Considerations

The recommendations contained in this Report seeks to plan a clear and concise framework by which Council can provide support to addressing the issue of homelessness in the Shire. There should be no negative impacts either for Council or the community.

RESPONSIBLE OFFICER

The officers responsible for the preparation of this Report are the Manager, Community Services Branch – Mr David Johnston and the Manager, Community Development – Ms Lisa Cahill. They can be contacted on 9847-6800 and 9847-6779 respectively.

THAT:

1. The contents of Executive Manager’s Report No CC93/09 be received and noted.

2. Council’s Community Services Branch staff continue to participate in the Hornsby Homelessness Task Force and the production of a Homelessness Action Plan.

David Johnston

Manager - Community Services

Corporate and Community Division

Gary Bensley

Executive Manager

Corporate and Community Division

Attachments:

There are no attachments for this report.

File Reference: F2009/00786

Document Number: D01280234

Executive Manager's Report No. CC94/09

Corporate and Community Division

Date of Meeting: 9/12/2009

7 REVIEW OF THE HORNSBY MALL CODE

EXECUTIVE SUMMARY

In May 2009, Council adopted a Plan of Action (see Report No CC94/09) to assist in the finalisation of Key Actions associated with the Hornsby Mall Strategic Management Plan (HMSMP). The Taskgroup associated with Strategy Six of the HMSMP - A Hornsby Mall That Functions Well - has recently concluded a comprehensive review of the contents of the Hornsby Mall Code (The Code).

The review included consultation with key stakeholders and had regard to operational experience over the past eight years. A revised Code has been developed incorporating a number of amendments and enhancements based on these considerations. The amendments to the Code are intended to maintain the Mall’s relevance in the current market and ensure its efficient and effective ongoing management.

The endorsement of Council is now sought to place the attached revised Code on public exhibition for a period of 28 days. Following the public exhibition period, a further report incorporating details of submissions received will be prepared for Council's consideration.

PURPOSE/OBJECTIVE

The purpose of this Report is to provide Council with an opportunity to consider proposed changes to the Hornsby Mall Code and to recommend that the revised Code be placed on public exhibition.

DISCUSSION

At the 12 December 2001 Ordinary Meeting (see Report No CC88/01) Council adopted the Hornsby Mall Code and related fees and charges which had been developed to assist in the management of a broad range of issues associated with the refurbished Hornsby Mall. The Code deals with topics such as: whether certain activities are permitted or not permitted within the Mall boundaries; whether those activities require a development consent, licence agreement or permit; the fees which apply to the licence agreements or permits; which activities require specific consideration by Council via a report; the level and type of insurance cover required by those who make application for licences or permits; etc. Since that time, Council has considered a number of reports concerning minor amendments to a number of provisions within the Code to ensure the ongoing efficient and effective management of this prime community asset.

A Key Action under Strategy Six - A Hornsby Mall That Functions Well - contained within the adopted HMSMP, identifies that a review of a number of provisions contained within the Code, in particular, the lease/licence of public space, vehicle access and the operation of permanent markets, be carried out. Following the establishment of the Strategy Six Taskgroup in June 2007, a review of the provisions mentioned above was undertaken by the Taskgroup. During this review, the opinion was formed that having regard to the period of time that had elapsed since Council first adopted the Code, it would be prudent to conduct a comprehensive review of all provisions contained within the Code.

A revised Code has now been developed by the Taskgroup and is attached for Council’s consideration. The revised Code incorporates input from both internal and external stakeholders, community feedback and operating experience within the Hornsby Mall over the past eight years.

It should be noted that the revised Code incorporates significant differences to the original Code in terms of layout and content. Accordingly, to assist in the identification of the proposed amendments, Council officers have included the original Hornsby Mall Code as Attachment 1, and the revised Hornsby Mall Code as Attachment 2, to this Report.

In conducting a review of the Code the Taskgroup considered that the layout of the document should be amended to clearly articulate the various provisions and requirements of Council which apply to the Hornsby Mall. The revised layout has been designed to allow visitors and users of the Hornsby Mall to conveniently locate and understand the requirements and guidelines that apply when visiting or using the Mall.

Details concerning the various sections of the Code are provided below.

PART A: INTRODUCTION

This section of the Code has been updated by the Taskgroup to provide a synopsis of intent and aims of the Council concerning the management of activity within the Hornsby Mall.

_________________________

PART B: ACTIVITIES

Section B.1 Prohibited Activities

This section of the Code has been amended by the Taskgroup to reflect recent decisions of Council in terms of no smoking in pedestrian malls and the inclusion of the Hornsby Mall as an alcohol free zone. Having regard to current operating experience, it is considered that no other amendments are required to this section of the Code.

Section B.2 Activities Requiring Permits

Item B.2.1 Busking

Since implementation of the Code in 2001, the activity of busking in the Hornsby Mall has proved very popular for performers and visitors alike, creating a unique ambience. During school holidays and Christmas periods, a number of the Shire’s youth have had the opportunity to showcase their musical and other talents. To assist in meeting the ongoing demand for this activity, this section of the Code has been expanded to include “circle busking performances”, where there is a requirement for the audience to stop and watch or participate in the performance. In addition, clearer guidelines have been incorporated having regard to current operating experience and relevant provisions from similar codes operating in other local government areas, such as the City of Sydney.

Item B.2.2 Commercial Displays/Stalls/Promotions

Although there has generally been reasonable interest in the conduct of this activity, it is noted that there have been instances where applications have been declined based on the existing requirement that such activities should not be in direct competition with businesses in the Hornsby CBD and the Hornsby Mall area. While supporting the rationale behind this requirement, the Taskgroup is of the opinion that the inclusion of the following criteria under this activity type will assist in ensuring that there is no detrimental affect on existing Hornsby CBD and Hornsby Mall businesses whilst maximising the opportunities for commercial displays/stalls and promotions in the Hornsby Mall:

Criteria One: The written approval of any direct competitor/s operating in the Hornsby Mall to conduct the proposed activity has been obtained, or

Criteria Two: The proposed activity will, in the opinion of the Council or Council’s delegated nominee, enhance economic development of the Hornsby Mall and/or Town Centre.

Item B.2.3 Community & Council Displays/Stalls/Promotions (excluding Charitable Fundraising)

This activity has proved very popular with community groups and visitors since the Hornsby Mall reopened in 2001. While a number of Council departments have also used the Hornsby Mall to promote the local environment and enhance the quality of life of residents, this activity had not previously been specifically outlined within the Code. In order to support Council’s open and accountable policies, the Taskgroup have expanded this section of the Code to incorporate the use of the Hornsby Mall by Council departments who conduct activities/events for the benefit of the Hornsby Shire community.

Item B.2.4 Charitable Fundraising Appeals including Traders

The conduct of fundraising appeals in its various forms is governed by the NSW Charitable Fundraising Act 1991. This section of the Code has been amended to ensure compliance with the relevant provisions of the above Act and address issues that have arisen in the past with traders and their collection representatives. In this regard, limitations have now been placed on the number of bookings a trader can make within a period of one month, and the number of representatives that a trader is allowed to have operating in the Hornsby Mall at any one time.

Item B.2.5 Short Term Display of Banners, Bunting and Signs

Since 2001, interest in conducting this type of activity in the Hornsby Mall has been disappointing. While there has been no clear evidence to explain the low level of interest, it is considered that the requirement to obtain development consent may act as a disincentive, in terms of process and time. The Taskgroup is of the opinion that this activity should still be encouraged and remain as a permitted activity in the Hornsby Mall. In order to further encourage this activity, the Taskgroup will hold discussions with officers of the Planning Division in an attempt to streamline the relevant planning requirements.

Item B.2.6 Distribution of Handbills, Pamphlets, Giveways and the Like

This activity has also proved very popular with both commercial and community organisations/groups since the Hornsby Mall reopened in 2001. The Taskgroup have amended this section of the Code to address issues that have arisen in the past in terms of the frequency of bookings by applicants undertaking this activity in the Mall and limiting the number of representatives who undertake the activity at any one given time. In addition an extra sub activity has been included to allow the conduct of this activity on a roaming basis around the water sculpture.

Item B.2.7 Public Address System

With a public address system to be installed in the Hornsby Mall in the near future, the Taskgroup consider that short term users of the Hornsby Mall should have the opportunity to make use of this new facility. The public address system has been designed to ensure the control of noise levels throughout the Hornsby Mall and to allow regulation of sound generation in each of the quadrants of the Mall. The public address system will also have the ability to generate emergency response warnings and will allow recorded and live broadcast ambient music to be played.

Item B.2.8 Vehicular Access

Since 2001, vehicular access into the Hornsby Mall has created a number of difficulties in terms of balancing the rights and safety of pedestrians within the Hornsby Mall against the need for vehicles to enter the pedestrian domain for various commercial and community purposes. While the provisions of the current Code have generally allowed a fair balance, the issue of delivery access for certain retail and commercial establishments adjoining the Mall has highlighted an apparent shortcoming within the Code. Recent examples relate to the delivery of newspapers to the Hornsby Mall newsagent and delivery of plate glass to the picture framing business proprietor.

The Taskgroup has given careful consideration to this issue and is of the opinion that while vehicular access into the Hornsby Mall during peak pedestrian periods should continue to be restricted it would be appropriate to provide disadvantaged adjoining business proprietors access to the Hornsby Mall outside normal operating hours. Disadvantaged business proprietors are defined as “proprietors who do not have other dedicated delivery or loading dock areas”. In this regard, the Taskgroup considers that this section of the Code should be amended to allow vehicular access to disadvantaged adjoining Hornsby Mall business proprietors during the period between midnight and 5.00am only.

The Taskgroup has also incorporated a number of minor clarifications/enhancements under this section of the Code in terms of the period of time vehicles are able to remain in the Mall and potential liability issues associated with registered and unregistered vehicles.

Item B.2.9 Amusement Rides, Devices and the like

Whilst there has been a reasonable level of interest for this activity, it should be noted that to date, applicants have mainly conducted this activity as part of a larger event, such as Kids in the Mall, etc. It is considered that this activity should still be encouraged within the Hornsby Mall and a number of minor clarifications/enhancements have been incorporated under this section of the Code in terms of risk management, occupational health and safety, and activities involving the use of animals and native fauna.

Item B.2.10 Roaming and Static Professional Entertainers

While the current Code allows entertainment activities in a broad sense, it is considered that in order to support the objectives of the HMSMP, it would be prudent for Council to identify the type/s of professional entertainment activities that should be supported to occur within the Hornsby Mall. Accordingly, a new section (i.e. Section B.2.10 Roaming and Static Professional Entertainers) has been inserted into the Code which identifies the types of entertainment that are considered appropriate to occur within the Hornsby Mall. A number of guidelines to assist in managing the operation of entertainment within the Hornsby Mall have also been included.

Item B.2.11 Short Term Entertainment Events

As part of the consultation phase in the development of the HMSMP, feedback was received from both commercial and community stakeholders concerning the processes involved in obtaining permission to conduct an event within the Hornsby Mall. A number of locally based community service groups expressed frustration at the need to obtain development consent and an activity permit to undertake an event in the Hornsby Mall. In addition, the costs associated with both approvals made it unviable for non profit organisations to hold an event in the Hornsby Mall. Similar comments were also received from a regular commercial operator who pointed out that these additional requirements made holding events within the Hornsby Mall unattractive and difficult to justify.

In an attempt to address the concerns mentioned above and maintain consistency with the objectives outlined in the HMSMP, the Taskgroup has developed a new section (i.e. Short Term Entertainment Events) within the Code to assist in streamlining the approval process for potential event holders wishing to undertake the following event categories within the Hornsby Mall:

Category One: Seasonal Event:

Events which occur seasonally/annually and are clearly identifiable and generally accepted as community wide occurrences that foster community belonging (e.g. Christmas, Easter, National Days, School Holidays, Mothers and Fathers Day, Aboriginal Reconciliation Day and the like.)

Category Two: Themed Event:

Events themed to generate a festive or fete atmosphere showcasing a product or theme targeted to certain sections of the community. (e.g. Sport Registration days, Garden Festivals, Food and Wine Expos and the like.)

Category Three: Charity Event:

Events designed to engage the community to support community groups and charitable organisations with awareness or fundraising opportunities. (e.g. service club activities, bush fire appeals and the like.)

Category Four: Ambience and Atmosphere Event

Events designed to create an inviting and pleasant atmosphere to enhance and highlight the experiences of visitors to the Hornsby Mall. (e.g. Carillion Playing, roving/static entertainment, amusement devices, demonstrations, musicians, theatre and the like.)

Category Five: Landmark Event:

Events that will position Hornsby Mall as a venue that hosts national and international celebrities, unique entertainment and niche market events. (e.g. celebrity appearances, outside TV and radio broadcasts, national road shows).

A detailed description of each event category listed above is included in the Code.

In addition, the Taskgroup has formulated a set of guidelines that a prospective event holder would need to comply with when undertaking one of the event categories listed above.

Should Council be supportive of the implementation of this new section within the Code, Council officers would then commence action to seek development approval to allow the proposed event categories to be conducted within the Hornsby Mall.

Item B.2.12 Minor Works on Properties Adjacent to the Mall

Over the past six years, a number of applications have been received seeking authority to use sections of the Hornsby Mall to undertake works on adjoining properties. Such works have involved minor repairs to under awning signage and shop fronts through to total refurbishment and construction of shopfronts on adjoining Hornsby Mall properties.

The Taskgroup is of the opinion that applications to conduct this type of activity within the Hornsby Mall will be ongoing and have, therefore, expanded the scope of the guidelines in an attempt to ensure that Council’s interests are protected in terms of risk management, occupational health and safety, waste management and vehicular access.

Item B.2.13 Public Speaking, Including Candidates Seeking Election to Various Offices

Since the inclusion of this section in the Code in 2003, only one person has submitted an application to conduct this activity in the Hornsby Mall. Nevertheless, the Taskgroup is of the opinion that this activity should continue to be encouraged and as such have included two additional guidelines to assist in managing this activity, in terms of receiving details of the proposed speech topic and restricting the use of amplification equipment.

Item B.2.14 Miscellaneous Use

Minor amendments to this section of the Code have been incorporated to reflect changes made by the Taskgroup to other activity sections set out in the Code. An additional provision has been included to allow Council, or Council’s delegated nominee, the right to refuse and/or impose any special conditions considered appropriate in respect of a miscellaneous use application.

B.3 Activities requiring Development Consent, Licences and Other Approvals

Item B.3.1 Long Term Advertising Banners

Since 2001, the level of interest in conducting this type of activity in the Hornsby Mall has been disappointing. Again, while there would appear to be no clear evidence to explain the low level of interest, it is considered that the requirement to obtain development consent may act as a disincentive, in terms of process and time. The Taskgroup are of the opinion that this activity should still be encouraged and remain as a permitted activity in the Hornsby Mall. It should be noted that the Taskgroup will hold discussions with officers of the Planning Division in an attempt to streamline the relevant planning requirements.

Item B.3.2 Outdoor Seating Areas

Minor changes have been incorporated to this section of the Code to reflect the existing legislative provisions and the revised Hornsby Mall Outdoor Seating Code adopted by Council at the April 2009 Ordinary Meeting.

Item B.3.3 Markets

In accordance with the provisions of the Code adopted by Council in 2001, the conduct of markets in the Hornsby Mall is supported on the proviso that any market is of a high standard and compatible with the ambience of the Mall and the adjacent commercial activity. Since 2003, a weekly Organic Food market has operated within the Hornsby Mall providing an opportunity for local residents to conveniently purchase organic produce. The existing market operator is currently conducting the market on a three monthly hold over basis subject to the approval of the General Manager.

Feedback from community consultation undertaken as part of the development of the HMSMP indicated general support for the operation of markets within the Hornsby Mall, however, some functional and practical issues had been identified in respect of the location of the Organic Food Market within the Mall. It should be noted that a usage audit, undertaken in 2007 by a consultant urban designer to analyse the operational and functionality aspects of the quadrant areas of the Hornsby Mall, noted the following key findings:

· The scale and geometry of the Hornsby Mall limits significant outdoor staged activities often associated with major shopping centres

· Emergency vehicle access requirements limit options for locating temporary facilities for events and activities (i.e. stalls, stages, Christmas tree)

· The market stalls are very popular and add colour and interest to the Hornsby Mall. Greater flexibility in the location and extent of these stalls could be achieved through redesign of some of the Hornsby Mall elements

· The nature of day to day activities in the Florence Street West quadrant limits options for major event staging, with the markets tending to clash with café uses. This results in the area being more suitable as a back up space for larger markets where they do not fit solely in the Florence Street quadrant

· Seating bays in Hunter Street South could be used for extending market stall locations.

Taking into consideration the findings mentioned above and community feedback received, the Taskgroup is of the opinion that while the operation of markets add a certain vibrancy to the Hornsby Mall the nature of certain built elements and other operational constraints does hamper opportunities to attract a broad range of market operations. In an attempt to balance these competing issues, the Taskgroup has incorporated additional guidelines within the Code to assist in attracting potential market operators that can be accommodated within the useable space. In this regard, provision has now been made to allow the Hunter Street South seating bays to also be used for market operations. Provision has also been made to allow a market operator to incorporate up to a maximum of five stalls on any one given market day to sell products and services that directly compete with adjoining retail and commercial business. In addition, the guidelines have now been expanded to allow a market operator to undertake ancillary activities including the distribution of handbills, roaming and static entertainment and installation of bunting and banners as part of the approved market.

To further assist in the management of market operations, guidelines have been included in the Code indicating specific days (i.e. Monday to Friday only) and times (i.e. 9.00am to 5.00pm) which are considered appropriate for the operation of markets. Reference has also been made to the number, size and site location of stalls, vehicular access and requirements in terms of car parking and the provision of adequate toilet facilities. (N.B. No provision for weekend markets has been made due to previous difficulties associated with planning approval requirements, particularly parking)

Should Council be supportive of the implementation of the revised guidelines outlined above in respect of the operation of markets within the Hornsby Mall, Council officers would then commence action to seek development approval to streamline the approval process for market operations within the Hornsby Mall.

Item B.3.4 Long term Commercial Displays & Promotions

Since 2001, the level of interest in conducting this type of activity in the Hornsby Mall has been disappointing. Again, while there would appear to be no clear evidence to explain the low level of interest, the Taskgroup considers that the requirement to obtain development consent may act as a disincentive, in terms of process and time. The Taskgroup is of the opinion that this activity should continue to be encouraged and remain as a permitted activity in the Hornsby Mall. It should be noted that discussions will be held with officers of the Planning Division in an attempt to streamline the relevant planning requirements.

Item B.3.5 Free Standing Kiosks and Automatic Teller Machines

As above, the level of interest in conducting this type of activity in the Hornsby Mall has been disappointing and there would appear to be no clear evidence to explain the low level of interest. Again, the Taskgroup considers that the requirement to obtain development consent may act as a disincentive, in terms of process and time. It is considered that this activity should continue to be encouraged and remain as a permitted activity in the Hornsby Mall. It should be noted that discussions will be held with officers of the Planning Division in an attempt to streamline the relevant planning requirements.

Item B.3.6 Other Activities

Having regard to current operating experience, the Taskgroup considers that no amendments are required to this section of the Code.

_________________________

PART C: OTHER MATTERS

C.1. Facilities and Services

Item C.1.1 Amphitheatre

Having regard to current operating experience, the Taskgroup considers that no amendments are required to this section of the Code.

Item C.1.2 Garbage and Litter

Having regard to current operating experience, the Taskgroup considers that no amendments are required to this section of the Code.

Item C.1.3 Security

This item has been amended to incorporate Council’s recent decision to accept a sponsorship proposal to conduct a trial CCTV scheme in the Hornsby Mall for a period of two years.

Item C.1.4 Inspections and Compliance

Having regard to current operating experience, the Taskgroup considers that no amendments are required to this section of the Code.

Item C.1.5 Mall Maintenance and Cleaning

Having regard to current operating experience, the Taskgroup considers that no amendments are required to this section of the Code.

C 2. Other

General Guidelines

The Taskgroup has amended this item to reflect various changes made to other sections of the Code and operating experience to date.

_________________________

PART D: DEFINITIONS

This part has been amended to reflect changed or new terminology which has been incorporated into the revised Code.

_________________________

PART E: ATTACHMENTS

The following plans, which support certain amendments to items set out in the revised Code, have now been included:

Attachment 1: Site and Emergency Access Plan

Attachment 2: Specimen Risk Management Plan

Attachment 3: Stage Location Plan

Attachment 4: Market Stall Layout Plan

_________________________

Having regard to the protocols of Council's Public and Community Input Policy, it is recommended that the revised Code, if adopted by Council, be placed on public exhibition to ensure an appropriate opportunity is provided to all relevant stakeholders and interested parties to comment on the revised Code. Any comments received will be incorporated in a further report to Council.

In this regard it is noted that the provisions of Council's Public and Community Input Policy prohibit the inclusion of the period between 20 December and 20 January as part of the exhibition period.

BUDGET

There are no budgetary implications associated with this Report.

POLICY

Should Council resolve to publicly exhibit the revised draft Hornsby Mall Outdoor Seating Code, such exhibition will be in line with Council's Public and Community Input Policy. No other Policies are affected by this Report.

CONSULTATION

In the preparation of this Report, the taskgroup has had consultation with relevant Council officers and various commercial and community Hornsby Mall stakeholders.

TRIPLE BOTTOM LINE SUMMARY

Triple Bottom Line is a framework for improving Council decisions by ensuring accountability and transparency on social, environmental and economic factors. It does the by reporting upon Council's strategic themes. The following Triple Bottom Line considerations apply to this Report:

Working with our community

The Hornsby Mall Code has been reviewed to assist in the ongoing management of day to day activities within the Hornsby Mall and support the objectives of the adopted Hornsby Mall Strategic Management Plan. The revised Code will be publicly exhibited and comments invited. The document will also be displayed on Council's website, and at Council's libraries to provide the community opportunity to express their views regarding the revised Code.

Maintaining sound Corporate and financial management

The revised Code sets clear guidelines for a responsible and accountable approach to the management of activities within the Hornsby Mall, contributing to its continued maintenance and long term financial viability.

RESPONSIBLE OFFICER

The officers responsible for the preparation of this Report are the Manager, Administration Services Branch - Robyn Abicair - 9847 6608, and the Manager, Commercial Property - Rod Drummond - 9847 6589.

RECOMMENDATION

THAT:

1. The contents of Executive Manager’s Report No CC 94/09 be received and noted.

2. Council adopt the revised draft Hornsby Mall Code, as attached to Report No CC94/09, for the purpose of public exhibition for a minimum period of 28 days.

3. Following the public exhibition period, a further report be prepared for Council's consideration providing details of any submissions received.

Rod Drummond

Manager - Commercial Property

Corporate and Community Division

Robyn Abicair

Manager - Administration Services

Corporate and Community Division

Gary Bensley

Executive Manager

Corporate and Community Division

Attachments:

1.View	Hornsby Mall Code
2.View	Hornsby Mall Code - November 2009 Revision

File Reference: F2005/00289

Document Number: D01281249

Executive Manager's Report No. CC95/09

Corporate and Community Division

Date of Meeting: 9/12/2009

8 INVESTMENT AND BORROWING REPORT - OCTOBER 2009

EXECUTIVE SUMMARY

Council is provided with a monthly report summarising current general economic conditions which may have an impact on investment returns. The report includes a schedule detailing Council's investments and borrowings and highlights the monthly and year to date performance of the investments. In this regard, investments are generally held for the medium to long term.

This Report indicates that the total investment income for the financial year to date October 2009 was $473,000 compared to the budgeted income for the same period of $300,000. Of the year to date investment income earned, 32% relates to external restriction such as Section 94 funds held by Council, and is required to be allocated to those funds.

PURPOSE/OBJECTIVE

The purpose of this Report is to advise Council of funds invested in accordance with Section 625 of the Local Government Act; and details as required by Clause 212(1) of the Local Government (General) Regulation 2005 and Council's Investment Policy and Strategy (most recently reviewed by Council at its 8 April 2009 Ordinary Meeting).

DISCUSSION

Council's Investment Performance - October 2009

• The At-Call and Term Deposits achieved an annualised return of 4.27% for the month compared to the benchmark of 3.25%.

• NSW T-Corp Long Term Growth Facility achieved a marked to market return of -22.06% for the month compared to the benchmark of -21.64%. This fund has a 70% allocation to growth assets. Short term performance is expected to be volatile and the investment should be viewed over the longer term.

• Floating Rate Notes (FRNs) are bonds that have a variable coupon equal to a money market reference rate. This FRN investment achieved an annualised return of 5.43% for the month compared to the benchmark of 3.05%.

• Direct investments in Collateralised Debt Obligations (CDO’s) achieved an annualised return of 3.78% for the month compared to the benchmark of 3.05%. It is noted that on 20 September 2009, the CDO named “Isosceles” matured, ensuring the return of the full amount of the invested capital to Council.

• The Capital Guaranteed Notes achieved an annualised return of 0.26% for the month compared to the benchmark of 3.05%. Due to poor performance over recent months the Capital Protected Notes coupons, with the exception of the Longreach PIU Fund, have not been accrued.

• For total investments, the annualised return for the month is 2.55% compared to the benchmark of 2.38%; and the year to date return after fees is 4.02% compared to the benchmark of 3.89%.

In respect of CDO’s, Report No CC80/08 provided Council with advice in respect of the possible impact on corporate linked CDO’s of the worsening economic conditions at the time - now referred to as the Global Financial Crisis or GFC. This advice related to the effect of credit events on capital invested by Council in CDO’s. Since that time, the Finance and Strategy Task Force has been provided with regular updates about the status of CDO’s and other components of Council’s investment portfolio. The most recent update was at the 18 November 2009 meeting. Based on credit events in October 2009, the CDO known as PURE has incurred a decline in capital value on maturity. Initial advice is that the amount of capital impacted is 7.63% of Council’s investment, which equates to $38,187. The credit events will also impact on current coupon receipts and will result in a reduction in future amounts received by 7.63%.

In respect of Capital Guaranteed products, it should be noted that the Manager, Financial Services is undertaking a review of options in conjunction with Council’s independent investment adviser and will be keeping the Task Force and Council informed as the project progresses and any action is taken.

Economic/Financial Conditions

STATEMENT BY GLENN STEVENS, GOVERNOR (MEDIA RELEASE 3 nOVEMBER 2009)
MONETARY POLICY

At its meeting today, the Board decided to raise the cash rate by 25 basis points to 3.5 per cent, effective 4 November 2009.

The global economy has resumed growth. With economic policy settings likely to remain expansionary for some time, the recovery is likely to continue during 2010 and forecasts have been revised higher. The expansion is generally expected to be modest in the major countries, due to the continuing legacy of the financial crisis. Prospects for Australia’s Asian trading partners appear to be noticeably better. Growth in China has been very strong, which is having a significant impact on other economies in the region and on commodity markets. For Australia’s trading partner group, growth in 2010 is likely to be close to trend.

Sentiment in global financial markets is much better than earlier in the year. Nonetheless, the state of balance sheets in some major countries remains a potential constraint on their expansion.

Economic conditions in Australia have been stronger than expected and measures of confidence have recovered. Some spending has probably been brought forward by the various policy initiatives. With those effects now diminishing, these areas of demand may soften somewhat. Some types of capital spending are likely to be held back for a while by financing constraints, but it now appears that private investment will not be as weak as earlier expected. Medium-term prospects for investment appear, moreover, to be strengthening. Higher dwelling activity and public infrastructure spending are also starting to provide more support to spending. There have been some early signs of an improvement in labour market conditions. The rate of unemployment is now likely to peak at a considerably lower level than earlier expected.

Inflation has been declining for the past year. In underlying terms, inflation should continue to moderate in the near term, but now will probably not fall as far as earlier thought. Headline CPI inflation on a year-ended basis has been unusually low because of temporary factors, and will probably rise somewhat over the coming year. Both CPI and underlying inflation are expected to be consistent with the target in 2010.

Housing credit growth has been solid and dwelling prices have risen appreciably this year. Business borrowing has been declining as companies have sought to reduce leverage in an environment of tighter lending standards. For many business borrowers, increases in risk margins are still coming through. The decline in credit has been concentrated among large firms, which have had good access to equity capital and, more recently, to debt markets. Share markets have recovered significant ground.

The Board noted that the rise in the exchange rate is likely to constrain output in the tradeables sector and dampen price pressures. Nonetheless, growth is likely to be close to trend over the year ahead and inflation close to target. With the risk of serious economic contraction in Australia now having passed, the Board’s view is that it is prudent to lessen gradually the degree of monetary stimulus that was put in place when the outlook appeared to be much weaker. The adjustments at the October and November meetings will work to increase the sustainability of growth in economic activity and keep inflation consistent with the target over the years ahead.

Borrowings

In respect of borrowings, the weighted average interest rate payable on loans taken out from 2000 to 2009, based on the principal balances outstanding, is 6.69%. The Borrowings Schedule, as at 31 October 2009, is attached to this Report.

BUDGET

Total investment income for the financial year to date ending October 2009 was $473,000. The budgeted income for the period was $300,000. Of the investment income, approximately 32% relates to external restrictions (Section 94) and is, therefore, restricted.

POLICY

All investments have been made in accordance with the Local Government Act, the Local Government (General) Regulation 2005 and Council's Investment Policy and Strategy.

CONSULTATION

Initial investments and reallocation of funds are made where appropriate, after consultation with Council's financial investment adviser and fund managers.

TRIPLE BOTTOM LINE SUMMARY

Triple Bottom Line is a framework for improving Council decisions by ensuring accountability and transparency on social, environmental and economic factors. It does this by reporting upon Council's strategic themes. As this Report simply provides Council with information and does not propose any actions which require a sustainability assessment, no Triple Bottom Line considerations apply.

Council's Investment Strategy does recognise, however, the desirability of "ethical" or "socially responsible" investments and has invested in such products in the last year. These are referenced in the Investment Portfolio in Attachment 1. Council will continue to review new products, subject to funds availability and asset allocation and credit quality parameters contained in the Strategy.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Financial Services - Glen Magus. He can be contacted on 9847 6635.

RECOMMENDATION

THAT the contents of Executive Manager’s Report No CC95/09 be received and noted.

Glen Magus

Manager - Financial Services

Corporate and Community Division

Gary Bensley

Executive Manager

Corporate and Community Division

Attachments:

1.View	HSC Investment Portfolio as at 31 Oct 2009
2.View	HSC Borrowings Schedule as at 31 Oct 2009

File Reference: F2004/06987

Document Number: D01281475

Executive Manager's Report No. CC96/09

Corporate and Community Division

Date of Meeting: 9/12/2009

9 COUNCILLORS' EXPENSES AND FACILITIES (STATUTORY) POLICY

EXECUTIVE SUMMARY

In accordance with Section 252 of the Local Government Act (the Act), Council is required to review its policy regarding the payment of expenses and provision of facilities to Councillors on an annual basis. Once such review is complete the adopted policy is to be forwarded to the Division of Local Government (DLG).

A thorough review of Council’s current Councillors’ Expenses and Facilities Policy has been completed and the updated Policy is included as Attachment 1 to this Report, with proposed amendments shown in track changes. The review of the Policy has regard to the “Guidelines for the payment of expenses and the provision of facilities for Mayors and Councillors in NSW”, issued recently by the DLG. The proposed changes to the Policy reflect the intent and considerations of the Guidelines.

It is recommended that Council adopt the attached amended Policy for the purposes of public exhibition, and a copy of the amended Policy be provided to the DLG.

PURPOSE/OBJECTIVE

The purpose of this Report is to comply with Section 252 of the Local Government Act; to provide Council with the opportunity to consider the proposed amendments to its Councillors’ Expenses and Facilities Policy; and to seek Council’s endorsement of the amended Policy attached to this Report for the purposes of public exhibition.

DISCUSSION

In 2005, the DLG conducted a review of a number of Councillor expenses and facilities policies of councils across NSW. This review revealed a high level of variability in format and content, the scope of expenses and facilities provided as well as the level of payment provided to Councillors. To address these issues, amendments were made to the Local Government Act and the Local Government Regulation. It was at this time that the first version of the “Guidelines for the payment of expenses and the provision of facilities for Mayors and Councillors in NSW” was developed by the DLG.

In 2007, a further review was conducted and feedback received from councils identified the need for clarification in a number of areas. As a result, in October 2009, Circular No. 09-36 was issued by the DLG notifying councils of the release of revised Councillor Expenses and Facilities Guidelines. A copy of the Circular and updated Guidelines is included as Attachment 2 of this Report.

The DLG Circular states that councils are required to submit their expenses and facilities policies to the DLG by 30 November each year. However, due to the late release of the Circular and Council’s meeting schedule, this deadline was unable to be met. As a consequence, an extension was sought and granted by the DLG which allows Council to submit the amended Councillors’ Expenses and Facilities Policy by the end of December 2009.

The majority of amendments proposed to the Policy simply reflect the intent of the updated Guidelines, providing more specific clarification on a number of issues. The changes reinforce a number of key points of the Guidelines but do not substantially alter the provisions of the Policy.

In addition, some grammatical and formatting changes have been made to the Policy, in particular the movement of the sections on “Interstate Travel” and “Overseas Travel” to follow directly on from the section headed “Travel Arrangements and Expenses”.

Section 253 of the Local Government Act requires that Council must give public notice of its intention to amend a policy for the payment of expenses or provision of facilities to Councillors, allowing 28 days for the lodgement of public submissions.

In this regard it is noted that in accordance with Council’s Policy – Public and Community Input, the period between 20 December and 20 January is not to be counted as part of the exhibition period.

BUDGET

There is provision within Council’s adopted budget for the payment of Councillor expenses and facilities that fall within the provisions of the subject Policy.

POLICY

This Report proposes amendments to the Councillors’ Expenses and Facility Policy. Should Council resolve to adopt the amended Policy for the purposes of public exhibition, the public exhibition process will be undertaken having regard to Council’s Public and Community Input Policy.

CONSULTATION

The preparation of this Report has had regard to DLG Circular 09-36 of 7 October 2009 and the associated Guidelines. Consultation has taken place with relevant staff members and the Executive Manager, Corporate and Community Division.

TRIPLE BOTTOM LINE SUMMARY

As this Report simply responds to legislative requirements and does not propose any actions which require a sustainability assessment, no Triple Bottom Line considerations apply.

RESPONSIBLE OFFICER

The officers responsible for the preparation of this Report are the Manager, Administration Services Branch – Robyn Abicair, and the Administration Coordinator – Natalie Cook. They can be contacted on 9847 6608 and 9847 6011 respectively.

RECOMMENDATION

THAT:

1. The amended Councillors’ Expenses and Facility Policy, as attached to Report No. CC96/09, be adopted for the purposes of public exhibition.

2. If submissions are received, a further report be prepared for Council’s consideration which addresses any submissions received in respect of the exhibited Policy.

3. Should no submissions be received, the Policy as attached to Report No. CC96/09 be adopted.

4. A copy of the amended Policy be forwarded to the Division of Local Government.

Robyn Abicair

Manager - Administration Services

Corporate and Community Division

Gary Bensley

Executive Manager

Corporate and Community Division

Attachments:

1.View	Circular to Councils 09 36 - Release of revised Councillor Expenses and Facilities Guidelines
2.View	Guidelines for the payment of expenses and the provision of facilities for Mayors and Councillors in NSW
3.View	Councillors' Expenses and Facilities Policy - Final Amended Version Showing Changes

File Reference: F2006/00032

Document Number: D01282093

Executive Manager's Report No. CC98/09

Corporate and Community Division

Date of Meeting: 9/12/2009

11 DECLARATIONS OF PECUNIARY INTEREST AND OTHER MATTERS

EXECUTIVE SUMMARY

Section 449 of the Local Government Act (the Act) details the statutory requirements in respect of the lodgement of Disclosure of Pecuniary Interests and Other Matters Return/s by Councillors and Designated Persons. Section 450A(2) of the Act details the reporting requirements associated with the lodgement of such Returns.

In accordance with those Sections of the Act, this Report provides information regarding the various Returns recently lodged with the General Manager. It is recommended that Council note that the Disclosure of Pecuniary Interests and Other Matters Return/s lodged with the General Manager have been tabled in accordance with the requirements of the Local Government Act.

PURPOSE/OBJECTIVE

The purpose of this Report is to table the Disclosure of Pecuniary Interests and Other Matters Returns lodged by Councillors/Designated Persons who have left, commenced with, or internally transferred to a relevant position within Council.

DISCUSSION

Section 449(1) of the Act requires a Councillor or Designated Person to complete and lodge with the General Manager a Disclosure of Pecuniary Interests and Other Matters Return within three months after becoming a Councillor or a Designated Person. Section 449(3) requires a Councillor or Designated Person holding that position at 30 June in any year to complete and lodge with the General Manager a Return within three months after that date. Section 449(5) states that nothing prevents a Councillor or Designated Person from lodging more than one Return in any year.

Section 450A(2) of the Act requires that Returns lodged under Section 449 are to be tabled at a meeting of Council. Returns lodged under Sections 449(1) and 449(3) are to be tabled at the first meeting held after the last day for lodgement under those Sections; and Returns lodged for any other reason are to be tabled at the first meeting after their lodgement.

Council's procedures in respect of the disclosing of interests have been developed to cater for the election/appointment/employment/retirement/resignation/etc of Councillors or Designated Persons. These procedures:

• require all Councillors and Designated Persons who hold that position at 30 June in any year to submit Returns to the General Manager by 30 September in that year (i.e. they are lodged under S449(3)). These Returns are tabled at the October Ordinary Meeting of Council in that year;

• require newly elected Councillors or newly appointed Designated Persons to lodge Returns to the General Manager within three months of their election/appointment (i.e. they are lodged under S449(1). These Returns are tabled at the next available Ordinary Meeting of Council; and

• require those Councillors or Designated Persons who are leaving Council (because of retirement, resignation, etc) to lodge Returns to the General Manager by their last day with Council. These Returns are tabled at the next available Ordinary Meeting of Council.

Council last considered the tabling of Disclosure of Pecuniary Interests and Other Matters Returns at the Ordinary Meeting held on 14 October 2009 - Report No. CC85/09. Since that time, seven additional Returns have been lodged with the General Manager and are now tabled as required by the Local Government Act.

Date Lodged	Councillor/Designated Person (Position)	Reason for Lodgement
7/10/2009	Programme Director - Greenway Park Childhood Education Centre	Internal Transfer
7/10/2009	Assistant Cook - Greenway Park Early Childhood Education Centre	New Employee
1/10/2009	Cook – Greenway Park Early Childhood Education Centre	New Employee
26/10/2009	Manager - Environmental Sustainability & Health Team	Internal Transfer
21/10/2009	Strategic Town Planner	New Employee
30/10/2009	Risk and Insurance Manager	Resignation
09/11/2009	Acting Risk and Insurance Manager	New Employee

BUDGET

There are no budgetary implications associated with this Report.

POLICY

There are no policy implications associated with this Report.

CONSULTATION

Consultation has occurred with those required to complete a Disclosure of Pecuniary Interests and Other Matters Return.

TRIPLE BOTTOM LINE SUMMARY

As this Report simply provides Council with information and does not propose any actions which require a sustainability assessment, no Triple Bottom Line considerations apply.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is Council's Freedom of Information Officer – Stephen Waller who can be contacted on 9847 6749.

RECOMMENDATION

THAT Council note that the Disclosure of Pecuniary Interests and Other Matters Returns recently lodged with the General Manager have been tabled as required by the Local Government Act.

Robyn Abicair

Manager - Administration Services

Corporate and Community Division

Gary Bensley

Executive Manager

Corporate and Community Division

Attachments:

There are no attachments for this report.

File Reference: F2009/00480

Document Number: D01285406

Executive Manager's Report No. CC99/09

Corporate and Community Division

Date of Meeting: 9/12/2009

12 DOCUMENT ACCESS APPLICATIONS 24 SEPTEMBER 2009 - 18 NOVEMBER 2009

EXECUTIVE SUMMARY

At its Ordinary Meeting of 12 March 1997, Council adopted a Document Access Policy to facilitate access by members of the public to documents held by Council. The Policy was last reviewed at the Ordinary Meeting of 8 April 2009 and a copy of the current version is included as Attachment 1. The Policy is made having regard to Section 12 of the Local Government Act which requires that Council consider restrictions placed on access to information, and the reasons for such restrictions, within three months of the original request. This Report allows such consideration by Council and recommends that the relevant documents as outlined in Attachment 2 to this Report remain exempt from release under Council's Document Access Policy.

PURPOSE/OBJECTIVE

The purpose of this Report is to provide Council with the opportunity to review restrictions that have been placed on access to information under Council's Document Access Policy during the period 24 September 2009 – 18 November 2009 and to make the reasons for those restrictions publicly available.

DISCUSSION

Section 12A of the Local Government Act requires Council to review any restrictions of access to information on a quarterly basis as follows:-

(1) If the general manager or any other member of staff of a council decides that access to a document or other information held by the council should not be given to the public or councillor, the person concerned must provide the council with written reasons for the restriction.

(2) The reasons must be publicly available.

(3) The council must review any such restriction no later than three months after it is imposed.

(4) The council must, at the request of any other person made after the expiry of a period of three months after that review (or of a period of three months after the most recent of any subsequent reviews), carry out a further review of the restriction.

(5) The council must remove the restriction if, at any time:

(a) it finds that there are no grounds for the restriction, or

(b) access to the relevant document or other information is obtained under the Freedom of Information Act 1989.

(6) A review is not required under this section if the restriction concerned has been removed."

Applications Received 24 September 2009 – 18 November 2009

There were 145 applications processed under Council's Document Access Policy in the period 24 September 2009 – 18 November 2009. The time taken to process these 145 applications was 262 hours. An additional 41 applications were received but not finalised at the time this Report was written.

A total of 20 applications included requests for information contained in files which are located at the Planning Division File Storage Compactus at Thornleigh. Access to this storage area is temporarily unavailable which impacts on the ability for staff to deal with these requests. All 20 applicants were advised of the current unavailability of access to the documents they requested. Of these, one applicant indicated that they did not wish to pursue their application, four applicants have not responded to correspondence regarding this status and as such their applications are deemed to have been withdrawn. (N.B. These five applications have been included in the count of 145 applications processed during the period)

The remaining 15 applications are being held in abeyance until the documents required to complete their processing become available from the storage facility at Thornleigh. It should be noted that the Manager, Administration Services is in the process of establishing with relevant stakeholders the required steps and responsibilities associated with resolving the issue of access to the facility. The other 26 applications of the 41 which were received but not finalised at the time of writing of this Report will be included in the report for the next processing period.

The processing time service goal for Document Access Applications is targeted as being less than the time allowed for a determination of an application under the Freedom of Information Act (currently 21 calendar days). The average processing time for applications received in the current reporting period was 14 calendar days.

Restricted Access

Following receipt of applications under the Document Access Policy, files are reviewed by the Information Access Officer or the Freedom of Information Officer of the Administration Services Branch, to determine if any documents fall within any of the exceptions outlined in Paragraphs 3(a) - 3(k) of the Policy and if access should be restricted. Of the 145 applications processed in the period, 11 applications resulted in restricted access to Council files. In total, 58 documents from those restricted access applications fell within the provisions of paragraphs 3(a) - 3(k) of the Document Access Policy.

Review of Access

A schedule of the 58 restricted access documents that fell within paragraphs 3(a) - 3(k) of the Document Access Policy is set out in Attachment 2. In making a decision about whether documents should be released or restricted, regard is given to Section 12 of the Local Government Act, Council's Document Access Policy and the NSW FOI Manual issued by the Office of the NSW Ombudsman. Consideration is also given to the Privacy and Personal Information Protection Act 1998, the Health Records and Information Privacy Act 2002 and Council's Privacy Management Plan.

The documents to which access was restricted fell into the following categories of Council’s Document Access Policy:

Contrary to the Public Interest (PI) - 0 documents

Personnel Matters (PS) – 0 documents

Personal Hardship (PH) – 0 documents

Trade Secrets (TS) – 0 documents

Prejudice the Maintenance of the Law (PL) – 0 documents

Security of Council (SC) – 0 documents

Breach of an Act (BA) - 19 documents

Plans and Specifications (RP) - 5 documents

Commercial Privilege (CP) - 0 documents

Commercial Advantage (CA) – 0 documents

Legal Professional Privilege (PR) - 34 documents

Specific allocation of each restriction as it applies to the applications received during this reporting period is provided as part of the attached schedule. Further explanatory notes in respect of all the restricted access categories are provided below:

Contrary to the Public Interest (PI) - Paragraph 3(a) of the Document Access Policy states that a document is not to be released where access to the document would be contrary to the public interest. This is a difficult concept to define and each application must be judged on its merits taking into consideration Privacy and Freedom of Information guidelines and Council's Policy.

Personnel Matters (PS) - In accordance with Paragraph 3(b) of the Document Access Policy, documents dealing with personnel matters concerning particular individuals are restricted from access.

Personal Hardship (PH) - Where documents contain information about the personal hardship of a resident or ratepayer, the personal details are removed in accordance with Paragraph 3(c) of the Document Access Policy, and most of the requested documents are released.

Trade Secrets (TS) - Any part of a document that is deemed to be dealing with trade secrets remains restricted from access under Paragraph 3(d) of Council's Document Access Policy.

Prejudice the maintenance of the Law (PL) - Paragraph 3(e) of the Document Access Policy states information should not be released that, if disclosed, would prejudice the maintenance of law.

Security of Council (SC) - Paragraph 3(f) of the Document Access Policy restricts information containing matters affecting the security of Council, Councillors, Council staff or Council property.

Breach of an Act (BA) - Paragraph 3(g) of the Document Access Policy states that no document should be released the disclosure of which would constitute an offence against an Act.

Plans and Specifications (RP) - Under Paragraph 3(h) of Council's Document Access Policy any plans or specifications showing residential parts of a building, other than its height and external configuration, are not to be released to the public.

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

Commercial Advantage (CA) - Paragraph 3(j) restricts information of a commercial nature which would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

Legal Professional Privilege (PR) - Paragraph 3(k) of the Document Access Policy provides that a document is not to be released where any part of it contains advice concerning litigation or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege. Such documents fall within one of three categories:

(i) legal advice regarding any legal action in which Council is involved or is likely to be involved;

(ii) any information that was brought into existence for the sole purpose of obtaining or giving legal advice; or

(iii) advice on Council's prospects of winning a court case or other form of litigation.

Some applications are dealt with directly by the General Manager in accordance with Section 12A of the Local Government Act - Restriction of Access to Information mentioned at the beginning of this section of the Report. In these instances, the applications are registered under Council's Document Access Policy and responded to personally by the General Manager. No documents were dealt with directly by the General Manager during this reporting period.

The reasons for restricting access to the above documents under Council's Document Access Policy still stand, and as such the documents should remain exempt.

Freedom of Information Applications

During this reporting period, seven new Freedom of Information (FOI) applications were received. Three applications were brought forward from the previous period. Four applications have been determined within this reporting period and six applications are being carried forward. In addition, work was carried out on three Internal Reviews of FOI determinations.

The total time spent by Council staff on processing FOI applications during this reporting period was approximately 65.5 hours. Details of allocation of this time are included in the table below. It should be noted that of the total 65.5 hours, 43 hours was spent processing applications submitted by one applicant.

Description	Number of hours expended
Processing of FOI application/s	56.5 hours
Processing of Internal Reviews	9 hours
Processing of External Reviews	0 hours

Privacy and Personal Information Protection Act

No applications were received under the Privacy and Personal Information Protection Act during the reporting period.

BUDGET

The Local Government Act states that Council must allow inspection of documents at no charge and provide copies either free of charge or on payment of reasonable copying fees. To obtain an accurate representation of impact on resources, this Report includes graphical representation depicting the total number of applications, the number of restricted applications, the number of restricted documents, the number of file parts and electronic documents reviewed, and the number of staff hours involved in processing the applications. This graph is included as Attachment 3. These figures do not include any FOI or PPIPA applications.

In addition to the 262 hours invested in processing the 145 Document Access applications, extra time was also spent carrying out various ad-hoc functions in relation to Document Access, Freedom of Information and Privacy matters e.g. photocopying documents, explaining information access issues to Council customers (both in person and over the telephone), and coordinating Pecuniary Interest Declaration returns for designated staff and Councillors. In addition, time was also spent on research for and communication with applicants whose applications have been held in abeyance due to documents being currently unavailable. The time utilised on these activities was approximately 323 hours.

There continues to be a requirement for reliance on casual staff assistance in order to maintain reasonable levels of customer service standards in respect of processing applications for access to information held by Council as the demand for this service has remained high throughout this reporting period.

POLICY

This Report deals with the requirements of Council's Document Access Policy. A copy of the Policy is included as Attachment 1.

CONSULTATION

There has been consultation with various Council staff in the determinations made in respect of the applications made under Council's Document Access Policy, the Freedom of Information Act and the Privacy and Personal Information Protection Act.

TRIPLE BOTTOM LINE SUMMARY

RESPONSIBLE OFFICER

The officers responsible for preparation of this Report are Council's Freedom of Information Officer - Stephen Waller, telephone 9847 6749, and the Administration Coordinator – Natalie Cook, telephone 9847 6011.

RECOMMENDATION

THAT the documents outlined in Attachment 2 of Executive Manager’s Report No. CC99/09 remain exempt from release under Council's Document Access Policy.

Robyn Abicair

Manager - Administration Services

Corporate and Community Division

Gary Bensley

Executive Manager

Corporate and Community Division

Attachments:

1.View	Document Access Policy
2.View	Schedule of Documents
3.View	Processing Volume for Document Access Applications

File Reference: F2006/00479-02

Document Number: D01287060

Executive Manager's Report No. CC100/09

Corporate and Community Division

Date of Meeting: 9/12/2009

13 HORNSBY MALL STRATEGIC PLAN - SIX MONTHLY PROGRESS REPORT - OUTSTANDING KEY ACTIONS

EXECUTIVE SUMMARY

At the 13 May 2009 Ordinary Meeting, Council adopted a Plan of Action table to assist in the timely completion of the outstanding Key Actions contained within the Hornsby Mall Strategic Management Plan (HMSMP). Council also resolved that reports outlining the progress on the implementation of the outstanding Key Actions be provided for consideration on a six monthly basis, commencing December 2009.

A table has been prepared which outlines progress achieved in the implementation of the outstanding Key Actions for the period ending 30 November 2009. Comments regarding certain outstanding Key Actions are also provided in the DISCUSSION section of this Report.

PURPOSE/OBJECTIVE

The purpose of this Report is to provide information and seek Council's endorsement in respect of progress, as at 30 November 2009, on the implementation of the outstanding Key Actions contained within the Plan of Action table associated with the HMSMP.

DISCUSSION

At the 13 May 2009 Ordinary Meeting (see Report No CC32/09) Council, as the interim Hornsby Mall Leadership Group, adopted a Plan of Action table to assist in the timely completion of outstanding Key Actions contained within the HMSMP. The Plan of Action identified the uncompleted Key Actions from the past two 12 month Operational Plans and categorised each Key Action under one of three headings indicating a proposed completion timeframe. Council requested that reports outlining the progress on the implementation of the Key Actions be provided for consideration on a six monthly basis, commencing December 2009.

Attached to this Report is a table that provides a summary of the progress on the implementation of the uncompleted Key Actions for the period to 30 November 2009. Detailed comments concerning the progress of certain Key Actions for the period to 30 November 2009 are provided below:

Plan of Action: May 2009 to November 2009

Key Action 1.2 Establish Hornsby Mall Leadership Group Taskgroups

Strategy Four: A Beautiful Hornsby Mall

As previously reported, Council officers considered that as the Key Actions included under this Strategy related to the installation of physical improvements within the Hornsby Mall, it would be prudent to defer establishing this Taskgroup until relevant funds to carry out the works had been identified.

As part of the adopted 2009/2010 Budget, funding from the 2007-2011 Section 94 Contribution Plan has been allocated for the installation of a number of physical improvements within the Hornsby Mall. These improvements consist of planter boxes at the Mall entrances, new garbage and recycling bins throughout the Mall and new balustrades around a number of the existing outdoor seating areas. Accordingly, Council officers are of the opinion that it would now be appropriate to form the Strategy Four Taskgroup to assist in the implementation of the above infrastructure. Taking into consideration the nature of the proposed works, it is considered that members of this Taskgroup should be limited to Council’s Manager, Commercial Property and relevant officers of Council’s Asset Branch and Parks and Landscape Team. Involvement of, and consultation with, other stakeholders would occur on an “as needs” basis in line with Council’s usual community consultation guidelines. The establishment of the Taskgroup for Strategy Four, comprising Council officers referred to above is, therefore, submitted for Council’s endorsement.

Key Action 2.1 Image Campaign

At the July 2009 meeting of the A Vibrant Hornsby Mall Taskgroup, it was agreed that due to ongoing difficulties experienced in forming a quorum of key stakeholders for meetings and current resourcing issues it was not practical to undertake a marketing survey at the present time. In the circumstances, the Taskgroup requested that the Manager, Commercial Property incorporate this matter for consideration in preparation of the 2010/11 Hornsby Mall budget.

Key Action 3.4 Monitoring

At the June 2009 Ordinary Meeting (see Report No CC21/09) Council endorsed a CCTV sponsorship proposal to install and trial a CCTV scheme in the Hornsby Mall. The trial will operate for a period of two years with a further report to be provided for the consideration of Council at the end of this period.

Key Action 3.6 Education Programs

At the May 2009 meeting of the Hornsby Mall Safety Group, it was agreed that due a change in focus of the executive of the Hornsby Business Alliance (formerly Hornsby and District Chamber of Commerce and Industry) the implementation of an education program would now be undertaken in partnership with the community policing officer of the Kuring-gai Local Area Command. It is anticipated that an appropriate education program will be developed and implemented early in 2010.

Key Action 4.1 Beautification of entrances

As part of the adopted 2009/10 Budget, funding from the 2007-2011 Section 94 Contribution Plan has been allocated for the installation of planter boxes at the entrances to the Hornsby Mall. Officers of Council’s Parks and Landscape Team are currently investigating design options in respect of the planter boxes. At this point in time it is anticipated that the new planter boxes will be installed prior to the end of the 2009/10 financial year.

Key Actions 6.1, 6.2, 6.3 and 6.5 Lease/Licence of Public Space, Vehicle Access and Permanent Markets

Report No CC94/09, which is also to be considered at the 9 December 2009 Ordinary meeting, seeks endorsement from Council to place a revised Hornsby Mall Code on public

exhibition. This revised Hornsby Mall Code incorporates a review of the above Key Actions undertaken by the Strategy Six - A Hornsby Mall That Functions Well Taskgroup.

___________________________

Plan of Action: December 2009 to November 2011

Key Action 1.4 Develop a Financial Management Plan for Sustainable Funding Solutions

Should Council be supportive of the establishment of the Strategy Four – A Beautiful Hornsby Mall Taskgroup - action to develop an appropriate Financial Management Plan will be undertaken during the preparation of the 2010/11 Hornsby Mall budget.

Key Action 2.4 Small Business Joint Marketing Venture

At the July 2009 meeting of the A Vibrant Hornsby Mall Taskgroup, it was decided that in light of the change in focus of the executive committee of the Hornsby Business Alliance (formerly Hornsby and District Chamber of Commerce and Industry) no further action will be implemented in respect of the Mall Passport proposal. It was also agreed that Council officers would investigate whether any opportunities exist to implement this Key Action in association with Council’s Economic Development Strategy.

Key Action 3.1 Hornsby Mall Ambassadors

With funding identified for the implementation of this Key Action reallocated by Council as part of the 2009/10 Management Plan, it was agreed by the Hornsby Mall Safety Group that the matter will be held in abeyance until appropriate funding has been identified.

Key Action 4.2, 4.3 and 4.4 Improved Signage, Landscaping and Public Seating

Should Council be supportive of the establishment of the Strategy Four – A Beautiful Hornsby Mall Taskgroup, action to develop an appropriate implementation timetable in respect of the above infrastructure will be undertaken by the Taskgroup during preparation of the 2010/11 Hornsby Mall budget.

Key Action 4.5 Community Art

Advice received from Council’s Arts and Cultural Development officer has indicated that the draft Public Art Policy is still under review by the Hornsby Shire Arts Reference Committee and it is anticipated that a further report on the matter will be submitted for Council’s consideration in the first half of 2010. In the circumstances, action in respect of this Key Action will be deferred until adoption of the Public Art Policy by Council.

___________________________

Plan of Action: December 2011 and Beyond

Key Actions 5.2 and 5.4 Shop Front Improvements and Targeted Tenancy Strategy

Advice received from Council’s Research and Policy Development Officer has indicated that due to a change in focus of the executive committee of the Hornsby Business Alliance (formerly Hornsby and District Chamber of Commerce and Industry) no further initiatives have been implemented at this point in time. Accordingly, Council officers will now investigate potential opportunities to address the Key Actions in association with Council’s Economic Development Strategy.

Key Action 5.7 Integrating Hornsby Town Centre

Advice received from Council’s Research and Policy Development Officer has indicated that preparation of a masterplan for an Integrated Town Centre is still proceeding. In the circumstances, action in respect of this Key Action will be deferred until adoption of the masterplan.

BUDGET

There are no budgetary implications associated with this Report.

POLICY

This Report has consideration to the Hornsby Mall Strategic Management Plan adopted by Council in August 2006 and the Section 94 Contributions Plan 2007 - 2011.

CONSULTATION

There has been consultation in the preparation of this Report with officers of Council’s Corporate Strategy and Community Services Branches.

TRIPLE BOTTOM LINE SUMMARY

Triple Bottom Line (TBL) attempts to improve Council's decisions by being more accountable and transparent on social, environmental and economic factors. It does this by reporting upon Council's Strategic Themes.

A TBL assessment is not required for this quarterly progress report.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Commercial Property, Mr Rod Drummond who can be contacted on 9847-6589.

RECOMMENDATION

THAT:

1. The contents of Executive Manager's Report No. CC100/09 be received and noted.

2. Council note the progress of the implementation of the outstanding Key Actions set out in the Plan of Action associated with the Hornsby Mall Strategic Management Plan.

3. Council endorse the establishment of A Beautiful Hornsby Mall Taskgroup as detailed in Report No CC100/09.

Rod Drummond

Manager - Commercial Property

Corporate and Community Division

Robyn Abicair

Manager - Administration Services

Corporate and Community Division

Gary Bensley

Executive Manager

Corporate and Community Division

Attachments:

1.View

Plan of Action

File Reference: F2005/00923

Document Number: D01287701

Executive Manager's Report No. CC103/09

Corporate and Community Division

Date of Meeting: 9/12/2009

14 2008/09 AUDITED FINANCIAL REPORTS - SUBMISSION RECEIVED FROM MR JOE NAGY

EXECUTIVE SUMMARY

At the 14 October 2009 Ordinary Meeting, Council requested that a report be prepared in respect of the issues raised in a submission from Mr Joe Nagy about Council’s 2008/09 Audited Financial Reports.

Following discussion with Council’s external auditor, and having regard to Section 420 of the Local Government Act, this Report indicates that no amendments to Council’s 2008/09 Financial Reports are required as a consequence of Mr Nagy’s submission. The Manager, Financial Services will, however, directly respond to Mr Nagy and provide a copy of such response to the Finance and Strategy Task Force for their information.

It is recommended that the Report be received and noted.

PURPOSE/OBJECTIVE

The purpose of this Report is to respond to Council’s resolution of 14 October 2009 regarding a submission received from Mr Joe Nagy in respect of Council’s 2008/09 Audited Financial Statements.

DISCUSSION

At its meeting of 14 October 2009, Council considered Report No CC82/09 and resolved that:

1. The General Purpose and Special Purpose Financial Reports (including the Auditor's Report) for the year ended 30 June 2009, as presented to the public on 14 October 2009, be adopted.

2. a) Mr Nagy’s submission, distributed to Councillors at the Ordinary Meeting of 14 October 2009, be received and noted.

b) A report, covering the issues raised in the submission, be prepared for Council’s consideration at the next available Ordinary Meeting.

In responding to Council’s resolution, reference has been made to the specific requirements contained in Section 420 of the Local Government Act. That Section deals with submissions made in respect of a council’s audited financial reports. Section 420 states that:

(1) Any person may make submissions to the council with respect to the council’s audited financial reports or with respect to the auditor’s reports

(2) A submission must be in writing and must be lodged with the council within 7 days after the date on which those reports are presented to the public.

(3) The council must ensure that copies of all submissions received by it are referred to the auditor.

(4) The council may take such action as it considers appropriate with respect to any such submission, including the giving of notice to the Director-General of any matter that appears to require amendment of the Council’s financial reports.

In accordance with the requirements of Section 420, Mr Nagy’s submission was referred to Council’s auditor for comment. The auditor has responded by indicating that there is nothing in Mr Nagy’s submission which warrants any amendment of Council’s 2008/09 Financial Reports. Based on that advice, no action is proposed to be taken in respect of Mr Nagy’s submission.

The Manager, Financial Services will, however, respond to the various questions raised by Mr Nagy in his submission, with a copy of such response being provided to the Finance and Strategy Task Force for their information.

BUDGET

There are no budget implications associated with this Report.

POLICY

There are no policy implications associated with this Report. Council has followed the requirements of Section 420 of the Local Government Act regarding submissions received in respect of Council’s 2008/09 Financial Reports.

CONSULTATION

This Report has been prepared in consultation with Council’s external auditor.

TRIPLE BOTTOM LINE SUMMARY

RESPONSIBLE OFFICER

The responsible officer is the Manager, Financial Services, Mr Glen Magus who can be contacted on telephone 9847 6635 between 8.30 am – 5.00 pm, Monday to Friday.

RECOMMENDATION

THAT the contents of Executive Manager’s Report No. CC103/09 be received and noted.

Glen Magus

Manager - Financial Services

Corporate and Community Division

Gary Bensley

Executive Manager

Corporate and Community Division

Attachments:

There are no attachments for this report.

File Reference: F2009/00176

Document Number: D01290283

Executive Manager's Report No. CC104/09

Corporate and Community Division

Date of Meeting: 9/12/2009

15 GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT - IMPACT ON COUNCIL PROCEDURES

EXECUTIVE SUMMARY

At its August 2009 Ordinary Meeting, Council resolved in part that a report be prepared outlining the anticipated impacts of the Government Information (Public Access) Act (GIPA Act) on Council’s processing of applications from members of the public to access information, as well as on Council’s policies regarding customer service and complaints handling.

Although the GIPA Act was assented to in June 2009, it is not expected to commence until early in 2010. Whilst some preparations have been made, the full impact of the Act will not be able to be determined until closer to the date of its commencement. As such, this report provides an update on the status of the implementation of the new GIPA Act and includes information that has become available since the Act was assented.

It is recommended that a further report be prepared for Council’s consideration closer to the date of the commencement of the GIPA Act when greater detail regarding its application can be more accurately anticipated.

PURPOSE/OBJECTIVE

The purpose of this Report is to respond to Council’s resolution in respect of Report No. CC60/09 at the 12 August 2009 Ordinary Meeting and provide as much detail and information as is possible at this point in time.

DISCUSSION

At the 12 August 2009 Ordinary Meeting, Council considered Report No. CC60/09 – Document Access Applications 23 May 2009 – 20 July 2009 and resolved in part that:

2. At the relevant time, but no later than three months, the General Manager report to Council, outlining the anticipated impacts of the Government Information (Public Access) Act 2009 and Department of Local Government Circular 09/29 - Practice Note No 9 - Complaints Management in Councils.

3. The report in part 2 above, is to address amongst other issues the Act’s and Practice Note’s impact upon Council’s processing of applications under the Freedom of Information Act and Council’s Document Access Policy.

4. The report in part 2 above, is also to address impacts on Council’s policies, including “Customer Service” and “Complaints Handling”.

The GIPA Act was assented in June 2009, however, it is not expected to commence until early in 2010, probably around the end of March. It should be noted that the Regulations associated with the GIPA Act have not yet been developed.

The ability to assess the impact of the implementation of the GIPA Act on Council’s processes and other policies relies largely on the understanding of its operational detail. Such impact cannot be properly comprehended until full training has been undertaken by practitioners. The development of appropriate training material, guidelines and sessions relies on the Regulations and other associated documentation being in place and available for reference. In this regard, most organisations closely associated with the practical application of the Act have not encouraged training in respect of the operation of the Act at this stage. In this regard, it is noted that discussions and comments on training sessions which have been undertaken at this early stage has highlighted significant shortfall and inaccuracies being provided by some training bodies.

Consequently, it is evident that the level of detail required in the understanding of the GIPA Act and its consequent interaction with Council policies and processes, is not yet achievable. Whilst some preparations have been made, the full impact of the Act will not be able to be determined until closer to the date of its commencement when the associated Regulations and training are available.

In the interim, information is provided below in respect of the involvement and progress of Council staff to date in the preparation for implementation of the Act, and a broad level view of associated implications as can be ascertained at this point in time.

History

In April 2008, the Office of the NSW Ombudsman announced that a review would be undertaken of the Freedom of Information (FOI) Act. The review was to address, in part, inconsistencies and overlap of the FOI Act with other associated legislation e.g. Section 12 of the Local Government Act (LGA) and the Privacy and Personal Information Protection Act (PPIPA). Such issues had caused confusion and concern in the navigation and correct application of the FOI Act, a matter about which public sector agencies, and local governments in particular, had repeatedly expressed concerns.

The Office of the Ombudsman called for comments in June 2008 prior to drafting an amended Act, and staff of Council’s Administration Services Branch replied by providing a detailed submission regarding various aspects of the FOI Act. In September 2008, Council officers responded to a Summary of Issues Paper, providing detailed response to 139 questions posed by the Ombudsman. In May 2009, a public consultation draft of the amended Act, titled the Open Government Information Bill, was provided to public sector agencies for comment. Council’s Administration Services Branch staff once again responded to a call for submissions and provided detailed comments in respect of the Ombudsman’s recommendations. In June 2009, the Department of Premier and Cabinet introduced the Government Information (Public Access) Bill 2009 to Parliament. The Bill was assented in on 26 June 2009 but is not, as yet, in force.

The current expectation is that the GIPA Act will commence in March 2010. Prior to this, a number of administrative, operational, and logistical issues need to be addressed and put in place by various Government agencies. The most significant of these is the establishment of the Office of the Information Commissioner (OIC), including an appointment to the position of Information Commissioner. In the interim, much preparation is underway amongst local councils, practitioners and affected public sector areas.

Implications of the New Act

The new GIPA Act applies to State and local government bodies and covers the provision of information held by those agencies to members of the public. It essentially replaces the Freedom of Information (FOI) Act 1993 and includes a specific section – Schedule 5 – which applies exclusively to local governments. This Schedule is almost a complete replication of Section 12 of the Local Government Act, which will be repealed from that Act once the GIPA Act commences.

The GIPA Act carries a presumption in favour of disclosure of government information and has a focus on proactive release of such information. It should be noted that the Act has shifted emphasis from that of documents, as was the case under FOI, to information. Some of this proactive release of information is mandatory and there is an expectation of the availability of much of this information via councils’ websites. This new direction will have many implications for Council, including the requirement for greater use, update, and review of its website and the associated technical considerations.

The expected availability to the public of the majority of information held by Council has a broad implication across the organisation as a whole and it should not be assumed that the impacts will be limited to only those staff involved in managing specific requests for information. Some other areas of Council that will be affected are those that undertake tenders; those that process development applications; those who maintain the website; etc.

Whilst the detailed effect of the new Act cannot be fully appreciated until such time as it is in practical use, a broad understanding of the impacts can be obtained by reviewing the relevant legislation and associated documentation. In this regard, the attached document “The NSW Government Information (Public Access) Act – Exciting times for information managers” was presented at an LGMA Governance Network Special Interest Group meeting attended by the Manager, Administration Services and the Executive Manager Corporate and Community.

The paper, prepared by a well respected consultant (Mr Peter Timmins) specialising in the subject matter of public access to government held information, provides a useful overview and broad level synopsis of the GIPA Act, and is provided for Council’s information. It should be noted that the document was prepared by Mr Timmins as a conference/discussion paper and does not constitute legal advice. The paper is also available at www.foi-privacy.blogspot.com.

Actions To Date

As alluded to above, the Manager, Administration Services and the Executive Manager Corporate and Community are active members of the LGMA Governance Network Special Interest Group. This Group, in recognising the significant changes and preparation which needs to be undertaken in implementing the new GIPA Act, has formed a sub group – the GIPA Working Party, of which both staff are also members. This Group was formed in October 2009 and has since met on three occasions, during which time significant steps have been made towards ensuring a smooth transition to, and consistent application of, the GIPA Act across NSW local councils.

As the chair of the Working Party, the Manager Administration Services has been in contact with the OIC. As a result, representatives of the OIC attended the last Working Party meeting and have indicated a willingness to work with the Working Party to assist with the implementation of the GIPA Act. It appears that the OIC is taking an interactive approach, and the Working Party is enthusiastic about the consultative and supportive attitude demonstrated by the OIC. Some of the main points that have come out of discussions with the OIC are:

· The Office of the Information Commissioner has been formally established

· It will eventually include a staff of approximately 30 personnel working in two main areas – Policy and Good Practice, and Compliance and Review

· There is a focus to complete the recruitment process for the Policy and Good Practice section as a first priority and in this respect some staff have already been appointed. Recruitment for the Compliance and Review section will follow at a later stage

· Ms Maureen Tangy has been appointed as Acting Information Commissioner and replaces Judge Ken Taylor who had previously been acting in the position

· The recommendation for appointment of a permanent Information Commissioner is expected to be considered by Parliament at its final session for 2009 i.e. early December. If appointment does not occur at that time, there will be a delay of the appointment until February 2010

· The OIC are developing a checklist to assist agencies prepare for the implementation of the GIPA Act

· The OIC are also developing a number of templates e.g. letters and application forms for use by agencies. Members of the GIPA Working Party are being consulted and have had input to these documents

· An “issues log” has been created covering the broad application of the GIPA Act across all sections of the public sector. The GIPA Working Party has raised specific issues of its own and will continue to liaise with the OIC in respect of concerns that are particular to local government

· The OIC have developed a well set out and informative website which is frequently being updated to reflect latest developments, issues addressed and other relevant information. The website address is: www.informationcommissioner.nsw.gov.au

· A set of guidelines for agencies preparing for implementation of the GIPA Act has been created by the OIC and will continue to be updated as previously highlighted issues are resolved

· It is not yet determined whether the OIC itself will run training programs, however, at the very least, the OIC is likely to establish a panel of training providers to ensure consistent and accurate advice is relayed to practitioners. This will address the training issues raised earlier in this Report

· A request from the Working Party to defer a commencement of the Act until July 2010 i.e. the beginning of the 2010/11 financial year, is being considered by the OIC. Such deferral would align with legislative reporting requirements and significantly ease the administrative burden when agencies are required to meet the requirements of the new Act

· There is a need to take into consideration the application of some form of limitation on the number and frequency of applications

Summary

It is considered that with the level of Council staff involvement in the Working Party and close liaison with the OIC, Council is well placed to remain up to date with the progress and planning required for effective implementation of the Act. This positioning will also enable Council to contribute thoughts and ideas, and address issues as they arise, with the OIC, who appear to be in favour of a collaborative approach to ensure a smooth transition to the commencement of, and practical application of, the GIPA Act.

A further report to Council at an appropriate later time will incorporate significantly greater detail and will examine the impact of the GIPA Act on Council’s policies and practices as detailed in the referenced resolution.

BUDGET

There are no budgetary implications associated with this Report.

POLICY

There are no current policy implications associated with this Report. However, once the GIPA is implemented, there will be a requirement to review Council’s Document Access Policy.

CONSULTATION

The preparation of this Report has had regard to discussions with other local councils, particularly those associated with the LGMA Governance Network Group and the GIPA Working Party, the Office of the Information Commission, various subject matter experts, and appropriate Council staff.

TRIPLE BOTTOM LINE SUMMARY

As this Report simply provides Council with information and does not propose any actions which require a sustainability assessment, no Triple Bottom Line considerations apply.

RESPONSIBLE OFFICER

The Officer responsible for the preparation of this Report is the Manager, Administration Services Branch - Robyn Abicair - who can be contacted on 9847 6608.

RECOMMENDATION

THAT:

1. The contents of Executive Manager’s Report No. CC104/09 be received and noted.

Robyn Abicair

Manager - Administration Services

Corporate and Community Division

Gary Bensley

Executive Manager

Corporate and Community Division

Attachments:

1.View

Conference Paper by Peter Timmins - GIPA - Exciting Times for Information Managers

File Reference: F2004/07299

Document Number: D01290544

Executive Manager's Report No. CC105/09

Corporate and Community Division

Date of Meeting: 9/12/2009

16 LEASE OF COTTAGE - PART OF GALSTON RECREATION AREA CROWN RESERVE NO D500223 AND R81698 412X GALSTON ROAD, GALSTON -DURAL AND DISTRICT HISTORICAL SOCIETY INC.

EXECUTIVE SUMMARY

At the 14 October 2009 Ordinary Meeting, Council deferred consideration of Report No CC76/09 which dealt with a proposal to grant the Dural and District Historical Society a further lease of the cottage located on part of Galston Recreation Reserve. The deferral was to allow the Community, Cultural and Recreation Facilities Task Force to meet with the Society to discuss issues that the Society had with the proposed terms of the new lease.

The Task Force met with representatives of the Society on 24 November 2009 and this has resulted in the Task Force suggesting an alternative recommendation that Council may wish to consider in respect of the matter. That alternative is that Council invites expressions of interest from the Society and other interested parties in respect of a lease of the cottage and, when an assessment of the expressions of interest has been completed, a further report be prepared for consideration by the Task Force and subsequently by Council.

Alternative recommendations are provided within the body of the Report and are submitted for Council’s decision on its preferred course of action.

PURPOSE/OBJECTIVE

The purpose of this Report to respond to Council’s deferral of Report No CC76/09 at the 14 October 2009 Ordinary Meeting and present two options for Council’s consideration which have arisen from a meeting between the Community, Cultural and Recreation Facilities Task Force and the Dural and District Historical Society.

DISCUSSION

At the 14 October 2009 Ordinary Meeting, Council considered Report No CC76/09 (see attached) which dealt with a proposed lease of the cottage located on Crown Reserve No D500223 and R 81698 - 412x Galston Road, Galston and resolved:

THAT consideration of Report No CC76/09 be deferred to allow the matter to be further investigated by the Community, Cultural and Recreation Facilities Task Force in consultation with the Dural and District Historical Society Inc.

The matter was subsequently listed as an item for discussion at the 24 November 2009 meeting of the Community, Cultural and Recreation Facilities Task Force when members of the Dural and District Historical Society were invited to make a presentation and to ask and answer questions. The main issue raised by the Society was the proposed increased rental that would be payable in respect of a new lease, and in particular, how Council’s valuer had determined the market rent. The Society asked to be provided with the estimated maintenance costs for which they would be responsible over the five year period of a new lease and also indicated that part of the building was used by a local Computer Pals group on certain days of the week under an arrangement with the Society.

In respect of the issue of rental, the Task Force noted that under the terms of the previous lease, the Society had been charged a “peppercorn” rental (as well as being responsible for any outgoings and building maintenance other than structural repairs). The peppercorn rental had regard to the significant monetary and in-kind contribution (approximately $28,000) that the Society made to the fitout of the building at the commencement of the lease approximately 10 years ago. As part of its discussion, the Task Force indicated that different views that existed in respect of a “market rental” could only be effectively resolved through Council providing the Society and other interested parties an opportunity to express an interest in respect to a lease of the property for the next five years. As such, the Task Force decided that it would make such a suggestion to Council through this Report and propose an alternative resolution for consideration.

Option 1 – Amended Original Recommendation – from Report No CC76/09

It is noted that the original recommendation in respect of Report No CC76/09 was amended by a Late Items Memo at the 14 October 2009 meeting because of the incorrect reference in the Report to the cottage being located on community land. As the cottage is on Crown land, and not community land, there is no requirement for Council to go through an advertising process in respect of a proposed lease. As such, the recommendation in terms of an assessment of the Society’s application for a lease under Council’s Code for the Lease/Licence of Council’s Land and Buildings to Community Groups is amended to read that:

1. The contents of Executive Manager’s Report Nos CC76/09 and CC105/09 be received and noted.

2. Council, as Reserve Trust Manager, enter into a further five year lease with the Dural and District Historical Society in respect of the existing cottage at Galston Recreation Reserve, Galston subject to :

a) Rental for the initial 12 months of tenure to be $3,900 per annum (excluding GST), in respect of the Cottage.

b) Rental to be subject to annual review in accordance with the movement in the Consumer Price Index.

c) The lessee to be responsible for the payment of all costs associated with services provided to the property including but not limited to electricity, gas and water usage.

d) The lessee to be responsible for the payment of 50% of any Council rates and water and sewerage rates assessed in respect of the cottage on an area occupied basis.

e) The lessee to maintain throughout the term of the lease a public liability insurance policy for an amount of not less than $20 million for any one incident, with such policy noting Hornsby Shire Council as an interested party.

f) The cottage to only be used for the purpose as per submission.

g) The lessee to be responsible for the maintenance responsibilities under the “Community Partnership” category of the Code.

h) The lessee to acknowledge Council’s support in the provision of the cottage in its annual reports and publications, any advertising and community events.

i) The lessee to be responsible to ensure the security of the cottage during the term of their occupation.

j) The lessee to bear 50% of costs incurred in respect of the preparation of the necessary lease documentation.

3. The lease will be subject to approval by the Minister administering the Crown Lands Act.

Option 2 - Alternate Recommendation – following the Task Force meeting with the Dural and District Historical Society

As mentioned above, following its meeting with the Dural and District Historical Society, the Task Force decided that it would suggest an alternative recommendation to Council for consideration in respect of this matter. This alternative would be to provide the Society and other commercial and community groups an opportunity to lodge expressions of interest in respect of a lease of the cottage. For community groups, the expressions of interest should make reference to Council’s two related strategic documents i.e. the Community and Cultural Facilities Strategic Plan and the Code for the Lease Licence of Council’s Land and Buildings to Community Groups. In this regard, an important component of the Strategic Plan is the goal of maximising utilisation of community facilities through making them available to multiple users for multiple purposes where possible.

Following receipt of expressions of interest, Council would need to make an assessment of the offers and weigh up its alternatives in a manner which had regard to Council and community benefits. As such, the alternative proposed by the Task Force for Council’s consideration is that:

1. The contents of Executive Manager’s Report Nos CC76/09 and CC105/09 be received and noted.

2. Council invite expressions of interest from the Dural and District Historical Society, as well as any other interested commercial and community groups, in respect of a lease of the cottage located at Galston Recreation Reserve, Galston.

3. As part of the expression of interest process, the Dural and District Historical Society and community groups be encouraged to make reference to the contents of Council’s two related strategic documents i.e. the Community and Cultural Facilities Strategic Plan and the Code for the Lease Licence of Council’s Land and Buildings to Community Groups. In this regard, an important component of the Strategic Plan is the goal of maximising utilisation of community facilities through making them available to multiple users for multiple purposes where possible.

4. At the conclusion of the expression of interest process, a report be prepared for consideration by the Community, Cultural and Recreation Facilities Task Force and subsequently by Council.

BUDGET

Council currently receives a “peppercorn” rental in respect of this property. The granting of a new lease is expected to realise additional income for Council.

POLICY

This Report has been prepared having consideration to the Code for the Lease/Licence of Council Land and Buildings to Community Groups and the Community and Cultural Facilities Strategic Plan.

CONSULTATION

There has been consultation with representatives of the Dural and District Historical Society and the Community, Cultural and Recreation Facilities Task Force in the preparation of this Report.

TRIPLE BOTTOM LINE SUMMARY

Triple Bottom Line is a framework for improving Council decisions by ensuring accountability and transparency on social, environmental and economic factors. It does this by reporting upon Council’s strategic themes. The following Triple Bottom Line considerations apply to this Report:

Contributing to community development through sustainable facilities and services.

The granting of a lease provides an opportunity for this facility to be used by the community in a sustainable manner.

Supporting our diverse economy.

The granting of a lease would have no negative impacts on the Shire’s economy.

Maintaining sound corporate and financial management.

The granting of a lease will provide a modest financial return to Council to assist in the long term protection of this community asset.

RESPONSIBLE OFFICER

The officers responsible for the preparation of this Report are Mrs Robyn Abicair - Manager Administration Services Branch and Mr Rod Drummond – Manager, Commercial Property. They may be contacted on 9847-6608 and 9847-6589 respectively.

RECOMMENDATION

THAT:

1. The contents of Executive Manager’s Report Nos CC76/09 and CC105/09 be received and noted.

2. Council determine its preferred option in progressing with a proposed lease of the cottage located on part of Galston Recreation Reserve at Galston.

Rod Drummond

Manager - Commercial Property

Corporate and Community Division

Robyn Abicair

Manager - Administration Services

Corporate and Community Division

Gary Bensley

Executive Manager

Corporate and Community Division

Attachments:

1.View

Report CC76/09 - Proposed Lease to Dural & District Historical Society

File Reference: F2004/08060

Document Number: D01290683

Executive Manager's Report No. CC106/09

Corporate and Community Division

Date of Meeting: 9/12/2009

17 HEADEN PARK HALL, SINCLAIR AVENUE, THORNLEIGH - PROPOSED LEASE TO HORNSBY WOODWORKING MEN'S SHED INC

EXECUTIVE SUMMARY

At its 12 August 2009 Ordinary Meeting, Council resolved to enter into a lease agreement with the Hornsby Woodworking Men’s Shed for use of the Headen Park Hall in Sinclair Avenue, Thornleigh.

Subsequent to Council’s resolution, members of the Men’s Shed sought a variation to the terms of the proposed lease. That variation, which results in a greater return to Council during the period of the lease, was discussed by the Community, Cultural and Recreation Facilities Task Force on 24 November 2009. The Task Force agreed that they would support the variation and propose such to Council.

This Report provides details of the proposed variation and suggests that Council adopt a recommendation which incorporates the relevant changes to the original resolution associated with this matter.

PURPOSE/OBJECTIVE

The purpose of this Report is to bring forward a suggestion from the Community, Cultural and Recreation Facilities Task Force that a variation proposed by the Hornsby Woodworking Men’s Shed in respect of their lease of Headen Park Hall be accepted.

DISCUSSION

At the 12 August 2009 Ordinary Meeting, Council considered Report No CC61/09 – Headen Park Hall, Sinclair Avenue, Thornleigh – Proposed Lease to Hornsby Woodworking Men’s Shed Inc (see attached) and resolved that:

1. The contents of Executive Manager’s Report No CC61/09 be received and noted.

a) The proposed lease to Hornsby Woodworking Men’s Shed Inc being publicly advertised (costs to be borne by the Men’s Shed) and submissions invited within a period of not less than 28 days.

b) A further report being provided to Council should submissions be received objecting to the lease proposal.

a) Rental for the initial 12 months of tenure to be $2,500 per annum, in respect of the extended Hall and 50% of the under storage area of the Hall.

b) Rental for subsequent years to be as follows:

Year 2 - $3,000

Year 3 - $3,500

Year 4 - $4,000

Year 5 - $4,500

c) The lessee to be responsible for the payment of all costs associated with services provided to the property including but not limited to electricity, gas and water usage.

d) The lessee to be responsible for the payment of 50% of any Council rates and water and sewerage rates assessed in respect of the Hall on an area occupied basis.

f) The Hall to only be used for the purpose of a men’s shed.

g) The lessee to be responsible for the maintenance responsibilities under the “Community Partnership” category of the Code.

h) The lessee to acknowledge Council’s support in the provision of the Hall in its annual reports and publications, any advertising and community events.

i) The lessee to be responsible to ensure the security of the Hall during the term of their occupation.

j) The lessee to bear 50% of costs incurred in respect of the preparation of the necessary lease documentation.

k) The lessee to comply with the conditions of consent from Development Consent No. DA/542/2008.

l) The hours of operation for wood working activities to be restricted to 9.00 am to 4.00 pm Monday to Friday and no more than two occasions each calendar month on a weekend or public holiday between the hours of 10.00 am and 3.00 pm.

Subsequent to Council’s resolution, members of the Men’s Shed contacted Council staff and members of the Community, Cultural and Recreation Facilities Task Force seeking a variation of the terms of the proposed lease. This led to a meeting between the Executive Manager, Corporate and Community Division, the Manager, Community Development and representatives of the Men’s Shed on 6 November 2009 at which the Men’s Shed proposed variation was discussed. Essentially, the variation was that points 3 a) and b) of Council’s resolution of 12 August 2009 be replaced by the following:

a) A capital contribution of $15,000 being payable on signing of the lease.

b) Rental for the initial 12 months of tenure to be $1,500 per annum, in respect of the extended Hall and 50% of the under storage area of the Hall.

c) Rental for subsequent years to be as follows:

Year 2 - $1,500 + applicable CPI

Year 3 – Year 2 rent + applicable CPI

Year 4 – Year 3 rent + applicable CPI

Year 5 – Year 4 rent + applicable CPI

At the conclusion of the 6 November 2009 meeting, the Executive Manager, Corporate and Community Division agreed to take the proposed variation to the 24 November 2009 meeting of the Community, Cultural and Recreation Facilities Task Force for consideration and, depending on the Task Force’s views, possible further consideration by Council.

As part of the discussion of the proposal by the Task Force at its 24 November 2009 meeting, a table showing a comparison between the original resolution of Council and the proposal from the Men’s Shed was tabled. It is repeated below for Council’s information.

Type of Payment	Council Resolution of 12 August 2009	Men’s Shed Proposal

Capital Contribution	$0	$15,000

Year 1 Rental	$2,500	$1,500
Year 2 Rental	$3,000	Year 1 Rental + applicable CPI
Year 3 Rental	$3,500	Year 2 Rental + applicable CPI
Year 4 Rental	$4,000	Year 3 Rental + applicable CPI
Year 5 Rental	$4,500	Year 4 Rental + applicable CPI

	$17,500	$22,500 + applicable CPI increases i.e. approximately $23,044 based on a CPI of 3.5% over the term of the lease

Based on the increased return to Council over the period of the lease (see bold figures at the bottom of each column), the Task Force agreed to suggest to Council that the proposal from the Men’s Shed be accepted.

It should be noted that the Men’s Shed also asked that the payment of rental under a new lease be monthly in advance rather than yearly in advance. As this matches the arrangements in respect of the Men’s Shed current occupation of the premises, the Task Force considered the request to be reasonable. The Manager, Commercial Property has subsequently indicated that he has no issues with such an arrangement.

Based on the above, it is suggested that Council accept the proposed amendment and adopt the recommendation below which incorporates the relevant changes to the original resolution of Council.

BUDGET

The granting of a lease of the Headen Park Hall to the HWMS on the basis recommended will realise an estimated income of $23,044 (inclusive of GST) to Council over the term of the proposed lease. This will also result in a modest reduction in the level of foregone rental provided to community groups across the Shire.

POLICY

Report No CC61/09, which is attached to this Report, was prepared having regard to the Code for the Lease/Licence of Council Land and Buildings to Community Groups.

CONSULTATION

There has been consultation with the Community, Cultural and Recreation Facilities Task Force, representatives of the Men’s Shed and various Council officers in the preparation of this Report.

TRIPLE BOTTOM LINE SUMMARY

Triple Bottom Line is a framework for improving Council decisions by ensuring accountability and transparency on social, environmental and economic factors. It does this by reporting upon Council’s strategic themes. The following Triple Bottom Line considerations apply to this Report:

Working with our community

The extension to the Hall involves a close working relationship between Council and members of Men’s Shed. The proposed lease will be publicly advertised for a period of 28 days and a further report provided for Council’s consideration should any submissions be received.

Contributing to community development through sustainable facilities and services.

The granting of a lease to the Men’s Shed in line with the recommendation will provide an ongoing woodworking facility for the Over 55 targeted group of residents of Hornsby Shire and an enhanced provision of services.

Fulfilling our community’s vision in planning for the future of the Shire

The granting of a lease to the Men’s Shed will promote the wellbeing of the Shire's growing aging population as outlined in the Strategic Plan for Older People 2005-2010, by providing opportunities for the diverse range of people in the community to access a woodworking facility and gain social interaction benefits.

Supporting our diverse economy.

The granting of a lease to the Men’s Shed has no negative impacts on the Shire’s economy. In fact, while Men’s Sheds play a significant and practical role in addressing men’s health and social issues, many projects may act as a catalyst in stimulating the community’s economic activities.

Maintaining sound corporate and financial management.

The granting of a lease to the Men’s Shed will provide a modest financial return to Council to assist in the long term protection of this community asset and potentially will provide a long term cost saving due to addressing the health and wellbeing of the forecast increase in the aging population.

Other sustainability considerations

The existence of the Men’s Shed ultimately promotes greater social cohesion.

RESPONSIBLE OFFICER

The officers responsible for the preparation of this Report are Mrs Robyn Abicair - Manager Administration Services Branch; and Mr Rod Drummond – Manager, Commercial Property who may be contacted on 9847-6608 and 9847-6589 respectively.