HSC_100K_NEW

 

 

BUSINESS PAPER

 

General Meeting

 

Wednesday 11 December 2019

at 6:30PM

 

 

 

 


Hornsby Shire Council                                                                                           Table of Contents

Page 1

 

TABLE OF CONTENTS

 

AGENDA AND SUMMARY OF RECOMMENDATIONS

Rescission Motions

Mayoral Minutes  

ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS

GENERAL BUSINESS

Office of the General Manager

Item 1     GM16/19 Code of Conduct Complaints - Annual Report................................................ 1

Item 2     GM17/19 Environmental Sustainability Advisory Committee and Bushland Management Advisory Committee.................................................................................................... 5

Corporate Support Division

Item 3     CS41/19 Investments and Borrowings for 2019/20 - Status for Period Ending 31 October 2019................................................................................................................................ 10

Community and Environment Division

Item 4     EH11/19 Catchments Remediation Rate (CRR) Annual Expenditure Report 2018/2019 and Review of CRR Panel Charter.................................................................................... 13

Item 5     EH16/19 Introduction of Not-For-Profit Hire Rates at Cherrybrook and Storey Park Community Centres.................................................................................................................... 17

Item 6     EH17/19 Expression of Interest EOI21/2019 - Wallarobba Arts and Cultural Centre - Lease and Activate Office Spaces.............................................................................................. 21

Planning and Compliance Division

Item 7     PL32/19 Report on Submissions - Re-Exhibition of Draft Hornsby Section 7.12 Development Contributions Plan..................................................................................................... 25

Item 8     PL33/19 Sydney North Planning Panel - Community Members.................................... 31

Infrastructure and Major Projects Division

Item 9     IR2/19 Galston Main Street Proposal.......................................................................... 34

Item 10   IR3/19 Berowra Recreation Needs Analysis................................................................ 39

Confidential Items

Item 11   GM18/19 Code of Conduct Matter  

PUBLIC FORUM – NON AGENDA ITEMS

Questions on Notice

Mayor's Notes

Item 12   MN11/19 Mayor's Notes from 01 November to 30 November 2019............................... 46

Notices of Motion

Item 13   NOM16/19 Recycled Water....................................................................................... 48     

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY 

 


Hornsby Shire Council                                                   Agenda and Summary of Recommendations

Page 1

 

AGENDA AND SUMMARY OF RECOMMENDATIONS

 

PRESENT

NATIONAL ANTHEM

OPENING PRAYER/S

Robert Falls, of Hornsby Presbyterian Church, Hornsby will open tonights 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 acknowledge we are on the traditional lands of the Darug and Guringai Peoples.  We pay our respects to elders past and present."

 

Video and AUDIO RECORDING OF COUNCIL MEETING

Statement by the Chairperson:

"I advise all present that tonight's meeting is being video streamed live via Council’s website and also audio recorded for the purposes of providing a record of public comment at the meeting, supporting the democratic process, broadening knowledge and participation in community affairs, and demonstrating Council’s commitment to openness and accountability.  The audio and video recordings of the non-confidential parts of the meeting will be made available on Council’s website once the Minutes have been finalised. All speakers are requested to ensure their comments are relevant to the issue at hand and to refrain from making personal comments or criticisms.  No other persons are permitted to record the Meeting, unless specifically authorised by Council to do so."

 

APOLOGIES / LEAVE OF ABSENCE

political donations disclosure

Statement by the Chairperson:

“In accordance with Section 147 of the Environmental Planning and Assessment Act 1979, any person or organisation who has made a relevant planning application or a submission in respect of a relevant planning application which is on tonight’s agenda, and who has made a reportable political donation or gift to a Councillor or employee of the Council, must make a Political Donations Disclosure Statement.

If a Councillor or employee has received a reportable political donation or gift from a person or organisation who has made a relevant planning application or a submission in respect of a relevant planning application which is on tonight’s agenda, they must declare a non-pecuniary conflict of interests to the meeting, disclose the nature of the interest and manage the conflict of interests in accordance with Council’s Code of Conduct.”

 

declarations of interest

Clause 4.16 and 4.17 of Council’s Code of Conduct for Councillors 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”).

4.16      A councillor who has a 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.

4.17      The councillor 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, or

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

Clause 5.10 and 5.11 of Council’s Code of Conduct for Councillors requires that a councillor or a member of a Council committee who has a non 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”).

5.10      Significant non-pecuniary conflict of interests must be managed in one of two ways:

a)            by not participating in consideration of, or decision making in relation to, the matter in which you have the significant non-pecuniary conflict of interest and the matter being allocated to another person for consideration or determination, or

b)            if the significant non-pecuniary conflict of interest arises in relation to a matter under consideration at a council or committee meeting, by managing the conflict of interest as if you had a pecuniary interest in the matter by complying with clauses 4.16 and 4.17.

5.11      If you determine that you have a non-pecuniary conflict of interest in a matter that is not significant and does not require further action, when disclosing the interest you must also explain in writing why you consider that the non-pecuniary conflict of interest is not significant and does not require further action in the circumstances.

 

confirmation of minutes

THAT the Minutes of the General Meeting held on 13 November, 2019 be confirmed; a copy having been distributed to all Councillors.

Petitions

presentations

Rescission Motions

Mayoral Minutes  

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

 

Office of the General Manager

Page Number 1

Item 1          GM16/19 Code of Conduct Complaints - Annual Report

 

RECOMMENDATION

THAT the contents of General Manager’s Report No. GM16/19 be received and noted.

 

Page Number 5

Item 2          GM17/19 Environmental Sustainability Advisory Committee and Bushland Management Advisory Committee

 

RECOMMENDATION

THAT Council:

1.         Establish an Environmental Sustainability Advisory Committee and adopt a Charter for the Committee as provided in Attachment 1 to General Manager’s Report No. GM17/19.

2.         Appoint a Chair, Deputy Chair and Councillor representatives to the Environmental Sustainability Advisory Committee.

3.         Advertise for expressions of interest for community representatives to become members of the Environmental Sustainability Advisory Committee.

4.         Adopt the Bushland Management Advisory Committee Charter attached to General Manager’s Report No. GM17/19.

 

Corporate Support Division

Page Number 10

Item 3          CS41/19 Investments and Borrowings for 2019/20 - Status for Period Ending 31 October 2019

 

RECOMMENDATION

THAT the contents of Director’s Report No. CS41/19 be received and noted.

 

Community and Environment Division

Page Number 13

Item 4          EH11/19 Catchments Remediation Rate (CRR) Annual Expenditure Report 2018/2019 and Review of CRR Panel Charter

 

RECOMMENDATION

THAT:

1.         The contents of Director’s Report No. EH11/19 relating to expenditure of CRR funds be received and noted.

2.         Council adopt the CRR Panel Charter attached to Director’s Report No. EH11/19.

 

Page Number 17

Item 5          EH16/19 Introduction of Not-For-Profit Hire Rates at Cherrybrook and Storey Park Community Centres

 

RECOMMENDATION

THAT Council:

1.         Receive and note the Report.

2.         Introduce a not-for-profit rate at the Cherrybrook Community Centre and Storey Park Community Centre as provided in Attachment 1. to Director’s Report No. EH16/19.

 

Page Number 21

Item 6          EH17/19 Expression of Interest EOI21/2019 - Wallarobba Arts and Cultural Centre - Lease and Activate Office Spaces

 

RECOMMENDATION

THAT Council accept the expressions of interest for EOI 21/2019 as follows:

1.         2 HHH FM Limited for office space 2, 3 and 4 (red, green and blue).

2.         Hornsby Art Society Inc. for office space 1 (The Garden Room).

3.         Council authorise the General Manager to enter into lease arrangements with 2HHH FM Limited and Hornsby Art Society Inc as outlined in Director’s Report No. EH17/19 for a period of three years, with an option to renew for a further three years.

 

Planning and Compliance Division

Page Number 25

Item 7          PL32/19 Report on Submissions - Re-Exhibition of Draft Hornsby Section 7.12 Development Contributions Plan

 

RECOMMENDATION

THAT:

1.         Council adopt the Draft Hornsby Shire Council Section 7.12 Development Contributions Plan 2019-2029 attached to Director’s Report No. PL32/19 including amendments to the exemptions and methods of payment permitted under the Plan.

2.         Adoption of the Hornsby Shire Council Section 7.12 Development Contributions Plan be notified in local newspapers.

3.         Submitters be advised of Council’s resolution.

 

Page Number 31

Item 8          PL33/19 Sydney North Planning Panel - Community Members

 

RECOMMENDATION

THAT Council:

1.         Endorse David White to serve as the ‘expert local member’, Ross Walker to serve as ‘non-expert local member’ and alternate for the ‘expert local member’, and Felicity Findlay to serve as alternate for the ‘non-expert local member’ on the SNPP until 31 March 2021.

2.         Write to the Minister of Planning and advise of the 12-month extension to the current expert and non-expert local members on the SNPP.

 

Infrastructure and Major Projects Division

Page Number 34

Item 9          IR2/19 Galston Main Street Proposal

 

RECOMMENDATION

THAT Council:

1.         Endorse the masterplan for Galston main street for exhibition.

2.         Support exhibition and community engagement of the plans.

 

Page Number 39

Item 10        IR3/19 Berowra Recreation Needs Analysis

 

RECOMMENDATION

THAT Council note Deputy General Managers Report No. IR3/19 and reaffirm the prioritisation of projects contained in the adopted Long-Term Financial Plan.

 

Confidential Items

Item 11        GM18/19 Code of Conduct Matter

 

This report should be dealt with in confidential session, under Section 10A (2) (i) of the Local Government Act, 1993. This report alleged contraventions of any code of conduct requirements applicable under section 440. (Section 12.1 of the Procedures for the Adminstration of the Code of Conduct states "Information about code of conduct complaints is to be treated as confidential and is not to be publicly disclosed except as may be otherwise specifically required or permitted under these procedures" )

  

PUBLIC FORUM – NON AGENDA ITEMS

Questions with Notice

Mayor's Notes

Page Number 46

Item 12        MN11/19 Mayor's Notes from 01 November to 30 November 2019

Notices of Motion

Page Number 48

Item 13        NOM16/19 Recycled Water

 

COUNCILLOR Tilbury To Move

THAT Council:

1.         Conduct an informal workshop which considers utilisation of recycled water within Council operations.

2.         Reiterate Council’s partnership with Sydney Water and ongoing commitment to maintain and improve the health of our waterways through the provision of recycled water to meet end user needs.

 

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY 

 


 


 

General Manager's Report No. GM16/19

Office of the General Manager

Date of Meeting: 11/12/2019

 

1        CODE OF CONDUCT COMPLAINTS - ANNUAL REPORT   

 

 

EXECUTIVE SUMMARY

·              Clause 11.1 of Council’s Procedures for the Administration of the Code of Conduct requires the Complaints Coordinator to report annually to Council on Code of Conduct complaints made about Councillors and/or the General Manager.

·              A total of seven (7) Code of Conduct complaints were received about Councillors and/or the General Manager in the year to 1 September 2019.

·              One of the Code of Conduct complaints progressed beyond initial review.

RECOMMENDATION

THAT the contents of General Manager’s Report No. GM16/19 be received and noted.

 


PURPOSE

The purpose of this Report is to meet the requirements of Council’s Procedures for the Administration of the Code of Conduct (Procedures) in respect of the receipt of Code of Conduct complaints during the period 1 October 2018 to 30 September 2019.

BACKGROUND

Clause 11.1 of Council’s Procedures for the Administration of the Code of Conduct states:

The Complaints Coordinator must arrange for the following statistics to be reported to the Council within 3 months of the end of September of each year:

a)         The total number of codes of conduct complaints made about Councillors and the General Manager under the code of conduct in the year to September (the reporting period)

b)         The number of codes of conduct complaints referred to a conduct reviewer during the reporting period

c)         The number of codes of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage and the outcome of those complaints

d)         The number of codes of conduct complaints investigated by a conduct reviewer during the reporting period

e)         Without identifying particular matters, the outcome of investigations completed under these procedures during the reporting period

f)          The number of matters reviewed by the Office of Local Government (OLG) during the reporting period and, without identifying particular matters, the outcome of the reviews, and

g)         The total cost of dealing with code of conduct complaints made about Councillors and the General Manager during the reporting period, including staff costs.

DISCUSSION

There were seven (7) Code of Conduct complaints made against Councillors and/or the General Manager in the period from 1 October 2018 to 30 September 2019. Statistics in relation to these matters, as required by the Office of Local Government, are shown in the summary table below:

Total number of codes of conduct complaints made about Councillors and the General Manager under the code of conduct in the year to September (the reporting period)

7

Number of codes of conduct complaints referred to a conduct reviewer during the reporting period

 

6

Number of codes of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage during the reporting period and the outcome of those complaints

5

          Outcome - Take no action

2

          Outcome – Resolve the complaint by alternative and appropriate strategies

3

 

Number of codes of conduct complaints investigated by a conduct reviewer during the reporting period

 

1

Without identifying particular matters, the outcome of investigations completed under these procedures during the reporting period

Not determined at this stage

Number of matters reviewed by the Office of Local Government (OLG) during the reporting period and, without identifying particular matters, the outcome of the reviews, and

0

Total cost of dealing with code of conduct complaints made about Councillors and the General Manager during the reporting period, including staff costs.

$23,626

 

BUDGET

There are no budgetary implications associated with this Report.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

Council’s consideration of this Report ensures the requirements of Council’s Procedures for the Administration of the Code of Conduct are met. As specific details of the Code of Conduct complaints are not reportable, the only action required is for Council to receive and note this Report.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Risk and Audit Manager (and Council’s Complaints Coordinator) – Scott Allen, who can be contacted on 9847 6609.

 

 

 

 

 

 

Scott Allen

Risk and Audit Manager

Office of the General Manager

 

 

 

 

Steven Head

General Manager

Office of the General Manager

 

 

 

Attachments:

There are no attachments for this report.

 

File Reference:           F2006/00554

Document Number:     D07787175

 


 

General Manager's Report No. GM17/19

Office of the General Manager

Date of Meeting: 11/12/2019

 

2        ENVIRONMENTAL SUSTAINABILITY ADVISORY COMMITTEE AND BUSHLAND MANAGEMENT ADVISORY COMMITTEE   

 

 

EXECUTIVE SUMMARY

·              In September 2019 Council confirmed its intention to establish an Environmental Sustainability Advisory Committee to address a variety of issues including (but not limited to) biodiversity management, climate change and sustainability, urban forest management, urban heat, water issues, waste issues and the development and promotion of ongoing sustainability education, information and resources for the community.

·              An informal workshop was held on 6 November 2019 to detail options and provide relevant information about the Bushland Management Advisory Committee and the establishment of a separate Environmental Sustainability Committee.  At this workshop the scope of each committee was discussed along with draft committee Charters, noting that the draft Bushland Management Advisory Committee Charter has already been developed and endorsed by BMAC for Council consideration in 2018.

·              A draft Charter for the proposed Environmental Sustainability Advisory Committee has been developed and is presented to Council for consideration and adoption.

·              A draft Charter for the Bushland Management Advisory Committee has been developed and endorsed by BMAC and is presented to Council for consideration and adoption.

 

RECOMMENDATION

THAT Council:

1.         Establish an Environmental Sustainability Advisory Committee and adopt a Charter for the Committee as provided in Attachment 1 to General Manager’s Report No. GM17/19.

2.         Appoint a Chair, Deputy Chair and Councillor representatives to the Environmental Sustainability Advisory Committee.

3.         Advertise for expressions of interest for community representatives to become members of the Environmental Sustainability Advisory Committee.

4.         Adopt the Bushland Management Advisory Committee Charter attached to General Manager’s Report No. GM17/19.

 


PURPOSE

The purpose of this Report is to enable Council to establish and adopt a Charter for a new Environmental Sustainability Advisory Committee.  In addition, this Report also seeks Council’s endorsement of a revised charter for the Bushland Management Advisory Committee that aligns with Council’s Core Terms of Reference for Advisory Committees, Working Parties and Groups.

BACKGROUND

At the 12 September 2018 General Meeting Council agreed to progress a review of its Committees, Working Parties and other Groups. Several informal Councillor Workshops/Briefings have been held since that time to discuss the future of the Committees, Working Parties and Groups, particularly focussing on those administered by Council.

At the 18 September 2019 General Meeting Council considered Director’s Report No. CS31/19 and resolved in part that:

2.         The Core Terms of Reference attached to Director’s Report No. CS 31/19 be adopted and apply to Council-Administered Committees/Working Parties/Groups as outlined in the Report.

3.         An informal Councillor Workshop be organised by November 2019 which details options and provides all relevant information about the Bushland Management Advisory Committee and the establishment of a separate Environmental Sustainability Advisory Committee.

4.         Council confirm its intention to establish an Environmental Sustainability Committee to address a variety of issues including (but not limited to) biodiversity management, climate change and sustainability, urban forest management, urban heat, water issues, waste issues and the development and promotion of ongoing sustainability education, information and resources for the community.  All of these issues, including the schedule for the selection of community Committee members, be discussed at the informal Councillor Workshop referred to in point 3. above, with a view to Council adoption in December 2019, and a call for community Committee members with the first meeting of the new Committee to be held in early 2020.

Council also considered NOM5/19 at the 18 September 2019 General Meeting and resolved in part that Council note that:

11.        In addition to these existing ongoing actions, Council has resolved to place environmental sustainability at the forefront of its Future Hornsby Strategy, with work undertaken as part of the development of the Local Strategic Planning Statement. Our Environmental Sustainability Strategy will specifically include separate reports that address Climate Change Adaptation, Urban Heat Mapping, a Biodiversity Management Strategy, Water Sensitive Hornsby Plan and Urban Forest Strategy some of which are mentioned above.

12.        Council has an ongoing role to play in promoting the existing actions and initiatives Council is undertaking regarding climate change and environmental sustainability. Additionally, Council needs to explore how it can further engage and collaborate with the local community on ways to become more sustainable and reduce the carbon footprint of residential dwellings, businesses and organisations in the Shire.  As part of a report to come back to Council in November 2019 regarding a proposed structure of a new Sustainability Committee, options be presented as to how Council can extend a program of education, information and resources for the community to support how they can address changing climate and sustainability in their own homes and businesses.

DISCUSSION

In line with Council’s resolutions from September 2019, draft charters for the Bushland Management Advisory Committee and Environmental Sustainability Advisory Committee were presented for Councillors discussion at an Informal Workshop in November 2019.

The draft Charter for the Environmental Sustainability Advisory Committee has been developed to align with the Environmental Sustainability Strategy that is being developed as part of Council’s work in developing a Local Strategic Planning Statement.

The draft Charter for the Bushland Management Advisory Committee was developed and endorsed by the Bushland Management Advisory Committee.

Table 1 below outlines the respective objectives of each Committee that has been included in their Charters.

Bushland Management Advisory Committee

Environmental Sustainability Advisory Committee

To advise Council on policies and strategies that implement best practice bushland management

To address a variety of issues including but not limited to:

·              Biodiversity Management

·              Climate Change and Sustainability

·              Urban Forest Management

·              Urban Heat

·              Water Issues

·              Waste Issues; and

·              The development and promotion of ongoing sustainability education, information and resources for the community

To assist with the promotion and implementation of programs in relation to bushland management programs

To assist Council to identify strategies and programs to improve the environmental sustainability of the Shire into the future

To assist with the development and delivery of community consultation and education programs that support implementation of bushland programs

To monitor and review environmental sustainability issues within the Shire

 

To actively support Council’s consultation with and advocacy to the broader community on environmental sustainability matters

 

To advise Council on draft policies which ensure that environmental sustainability principles are embedded into organisational operations.

 

 

CONSULTATION

In the preparation of this Report Councillors were consulted at an Informal Workshop in November 2019.  Members of the Bushland Management Advisory Committee were consulted on the development of the charter for the Committee in November 2018.

BUDGET

Budgetary implications associated with this Report include the resourcing of staff to support the Environmental Sustainability Advisory Committee and Bushland Management Advisory Committee.  These costs are able to be met through existing staff and budget allocations.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

In September 2019 Council confirmed its intention to establish an Environmental Sustainability Advisory Committee to address a variety of issues including (but not limited to) biodiversity management, climate change and sustainability, urban forest management, urban heat, water issues, waste issues and the development and promotion of ongoing sustainability education, information and resources for the community.

An informal workshop was held on 6 November 2019 to detail options and provide relevant information about the Bushland Management Advisory Committee and the establishment of a separate Environmental Sustainability Committee.  At this workshop the scope of each committee was discussed along with draft committee Charters, noting that the draft BMAC Charter has already been developed and endorsed by BMAC for Council consideration in 2018.

Draft Charters for the both committees have been developed and are presented to Council for consideration and adoption.

RESPONSIBLE OFFICER

The officers responsible for the preparation of this Report is the Strategy Manager – Julie Ryland - who can be contacted on 9847 6773 and Manager Natural Resources – Dr Peter Coad – who can be contacted on 9847 6766.

 

 

 

 

 

 

Stephen Fedorow

Director - Community and Environment

Community and Environment Division

 

 

 

 

Steven Head

General Manager

Office of the General Manager

 

 

 

 

Attachments:

1.

Draft Environmental Sustainability Advisory Committee Charter

 

 

2.

Draft Bushland Management Advisory Committee Charter

 

 

 

 

File Reference:           F2004/09491-05

Document Number:     D07796111

  


 

Director's Report No. CS41/19

Corporate Support Division

Date of Meeting: 11/12/2019

 

3        INVESTMENTS AND BORROWINGS FOR 2019/20 - STATUS FOR PERIOD ENDING 31 OCTOBER 2019   

 

 

EXECUTIVE SUMMARY

·              This Report provides details of Council’s investment performance for the period ending 31 October 2019 as well as the extent of its borrowings at the end of the same period.

·              Council invests funds that are not, for the time being, required for any other purpose. The investments must be in accordance with relevant legislative requirements and Council’s policies and the Chief Financial Officer must report monthly to Council on the details of funds invested.

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

·              In respect of Council’s cash and term deposit investments, the portfolio achieved an annualised return for October 2019 of 2.31% and year to date 2.64%.

 

RECOMMENDATION

THAT the contents of Director’s Report No. CS41/19 be received and noted.

 


PURPOSE

The purpose of this Report is to advise Council of funds invested in accordance with Section 625 of the Local Government Act; to provide details as required by Clause 212(1) of the Local Government (General) Regulation and Council's Investment of Surplus Funds Policy; and to advise on the extent of Council’s current borrowings.

BACKGROUND

Legislation requires that a report be submitted for Council’s consideration each month detailing Council's investments and borrowings and highlighting the monthly and year to date performance of the investments. Initial investments and reallocation of funds are made, where appropriate, after consultation with Council's financial investment adviser and fund managers.

DISCUSSION

Council invests funds which are not, for the time being, required for any other purpose. Such investment must be in accordance with relevant legislative requirements and Council Policies, and the Chief Financial Officer must report monthly to Council on the details of the funds invested.

Council’s investment performance for the month ending 31 October 2019 is detailed in the attached document. In summary, the portfolio achieved an annualised return for October 2019 of 2.31% and year to date 2.64%.

In respect of Council borrowings, the weighted average interest rate payable on outstanding loans taken out from June 2010 to date, based on the principal balances outstanding is 6.50%. The Borrowings Schedule as at 31 October 2019 is also attached for Council’s information.

BUDGET

Director’s Report No. CS39/19 of the 13 November 2019 General Meeting included a recommendation to reduce the budget following cuts to the cash rate since the 2019/20 Annual Budget was prepared. Budgeted investment income for 2019/20 has now been revised downwards to $6,397,008 with an average budgeted monthly income of $553,084. Budgeted investment income year to date at 31 October 2019 is $2,132,336

Total investment income year to date at 31 October 2019 is $2,763,583 which includes a gain of $323,516 from TCorp Managed Funds and a one-off receipt of $319,902 in relation to a class action against Standard and Poor’s for compensation of losses incurred on structured investment products during the global financial crisis.

Approximately 28% of the investment income received by Council relates to externally restricted funds (e.g. Section 7.11 and Section 7.12 development contribution funds) and is required to be allocated to those funds. All investments have been made in accordance with the Local Government Act, the Local Government (General) Regulation and Council's Investment of Surplus Funds Policy and Investment Strategy.

CONCLUSION

The investment of Council funds and the extent of its borrowings as at 31 October 2019 are detailed in the documents attached to this Report. Council’s consideration of the Report and its attachments ensures that the relevant legislative requirements and Council protocols have been met in respect of those investments and borrowings.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Acting Chief Financial Officer – Duncan Chell - who can be contacted on 9847 6822.

 

 

 

 

 

 

 

Duncan Chell

Acting Chief Financial Officer

Corporate Support Division

 

 

 

 

Glen Magus

Director - Corporate Support

Corporate Support Division

 

 

 

 

Attachments:

1.

Investment Summary Report October 2019

 

 

2.

Schedule of Borrowings October 2019

 

 

 

 

File Reference:           F2004/06987-02

Document Number:     D07794318

  


 

Director's Report No. EH11/19

Community and Environment Division

Date of Meeting: 11/12/2019

 

4        CATCHMENTS REMEDIATION RATE (CRR) ANNUAL EXPENDITURE REPORT 2018/2019 AND REVIEW OF CRR PANEL CHARTER   

 

 

EXECUTIVE SUMMARY

·              Catchments Remediation Rate Program (‘CRR’) expenditure for the 12 months to 30 June 2019 has been reviewed by the independent CRR Expenditure Review Panel (‘the Panel’) and is considered to be reasonable and acceptable.

·              Revenue received for the Catchments Remediation Rate (CRR) in 2018/19 was $2,870,000 with the balance of funds at 30 June 2019 being $117,000.  This was a result of income generated, $2,8350,000 plus $63,000 brought forward from 2017/18, less expenditure of $2,783,000.

·              A cost summary of expenditure for 2018/19 and the CRR Expenditure Review Panel's report is provided in Attachments 1-3 of Group Manager’s Report No. EH11/19.

·              On the 17 September 2019 the Panel was presented with a summary for both capital and non-capital expenditure. It was noted that the performance of the capital program in 2018/19 was good, with six projects being completed.  Discussion took place on the details presented in the financial reports and it was agreed that future reports would be re-formatted to provide greater clarity on detailed expenditure.

·              The Panel discussed the Hornsby Shire Council Advisory Committees Core Terms of Reference and the need to amend the CRR Panel’s Charter. An extraordinary CRR Panel meeting was held on the 19 November 2019 to further discuss and confirm changes to the CRR Panel Charter.

·              At this meeting the Panel agreed to changes to the Panel Charter, a copy of which is provided as Attachment 4. 

 

RECOMMENDATION

THAT:

1.         The contents of Director’s Report No. EH11/19 relating to expenditure of CRR funds be received and noted.

2.         Council adopt the CRR Panel Charter attached to Director’s Report No. EH11/19.

 


PURPOSE

The purpose of this Report is to inform Council regarding the expenditure of CRR funds for the 2018/19 financial year; to table the comments of the external CRR Expenditure Review Panel and to seek adoption of the amended CRR Panel Charter.

DISCUSSION

Catchments Remediation Capital Works

As of 30 June 2018, $764,000 was spent on capital works with six catchment remediation projects being completed:

·              A biofilter, gross pollutant trap and stormwater harvesting system (for irrigation of Mark Taylor Oval) at Orara Park, Waitara

·              One large end-of-pipe biofilter at Holliday Rd, Berowra system

·              Gross pollutant traps at Morrison Pl, Pennant Hills, Bracken Cl, Berowra, and Old Berowra Rd, Hornsby

·              Reticulation system, including pumps, rising main and header tank, for stormwater harvesting at Asquith Oval

Non-Capital Expenditure

Non-capital expenditure during 2018/2019 supported various Council operations that contributed to improving water quality Shire-wide including:

·              Pro-active maintenance of all stormwater improvement assets, including the removal of nearly 1,000 cubic metres of sediment, litter and organic matter

·              Vegetation management and landscaping activities on over 12 hectares of land adjacent to the water quality control devices

·              Water quality monitoring and research

·              Street sweeping

·              Community project support, e.g. Bushcare and Clean4Shores

·              Emergency response to spills

·              Riparian restoration works

·              Salaries, wages, overheads and associated administrative costs for project management

CRR Expenditure Review Panel

Council’s CRR Expenditure Review Panel was established in 1997 to provide public accountability and transparency to CRR expenditure and it continues to perform this function.

On 17 September 2019, the CRR Expenditure Review Panel met to discuss expenditure for the 2018/19 financial year.  The Panel noted that it had sighted and discussed the financial details of the CRR expenditure and considered all reports presented by council officers as acceptable and accountable.

The Panel was presented with a summary for both capital and non-capital expenditure. It was noted that the performance of the capital program in 2018/19 was good, with six projects being initiated and completed.

The Panel discussed the detail presented in the financial reports and the Panel requested that future reports consolidated expenditure against certain items. It was explained that the issues identified in the reports were a result of the need to combine accounts after the implementation of the new accounting system. Council staff agreed to ensure that accounts presented in future reports would be clearly delineated to ensure clarity.

The Panel’s report is included as Attachment 1.

CRR Panel Extraordinary Meeting, 19 November 2019

An extraordinary meeting was held on the 19 November 2019 to discuss the Hornsby Shire Council Advisory Committees Core Terms of Reference (CTR), adopted on the 18 September 2019 (Council Report CS31/19), and the requirements to amend the CRR Panel’s Charter to ensure consistency and compliment the CTR. It was outlined at the meeting that the rationale for the development of the CTR was to ensure consistency across all Council administered committees, ensuring clearly defined charters and objectives, membership and protocols.

At this meeting the Panel discussed and agreed on changes to the CRR Panel Charter. These amendments, together with the provisions in the CTR, provided the Panel with the confidence that the role and function of the CRR Panel would be maintained.  A copy of the agreed CRR Panel Charter and extraordinary meeting minutes are provided as Attachments 4 and 5.  

BUDGET

The relevant budget and incurred expenditure for the CRR is shown in Attachments 2 and 3.

POLICY

There are no policy implications arising as a result of this Report.

CONCLUSION

$2,783,000 in CRR funds were spent throughout 2018/19 on a range of capital and non-capital projects designed to improve water quality across the Shire.

In line with its Charter, the CRR Expenditure Review Panel has sighted and discussed the financial details of CRR expenditure as of 30 June 2019 and considers all reports to be acceptable and reasonable.

The Panel discussed and agreed on changes to the CRR Panel Charter.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Natural Resources Operations Manager, David Beharrell, who can be contacted on 9847 6860.

 

  

 

 

 

 

Peter Coad

Manager - Natural Resources

Community and Environment Division

 

 

 

 

Stephen Fedorow

Director - Community and Environment

Community and Environment Division

 

 

 

 

Attachments:

1.

CRR Panel Report - 17 Sept 2019

 

 

2.

CRR Summary of Total Expenditure_201819

 

 

3.

CRR Balance_201819

 

 

4.

Draft CRR Panel Charter - November 2019

 

 

5.

CRR Panel_Extraordinary Meeting Minutes_19Nov2019

 

 

 

 

File Reference:           F2005/00829-03

Document Number:     D07761511

 


 

Director's Report No. EH16/19

Community and Environment Division

Date of Meeting: 11/12/2019

 

5        INTRODUCTION OF NOT-FOR-PROFIT HIRE RATES AT CHERRYBROOK AND STOREY PARK COMMUNITY CENTRES   

 

 

EXECUTIVE SUMMARY

·              Across the Shire, Council has 24 Community Centres that provide hireable space to the community.

·              Council structures the fees and charges for its community centres by facility and hire type, with the latter sub-categorised as regular hire, casual hire, not-for-profit organisations and Friday/Saturday evening functions.

·              Across the network of centres, an anomaly exists where Cherrybrook and the new Storey Park Community Centres are the only two centres that do not offer a not-for-profit rate.

·              It is recommended that Council introduce a not-for-profit rate at both the Cherrybrook and Storey Park Community Centres effective from 1 January 2020 as provided in Attachment 1 to Director’s Report No. EH16/19.  These rates are $3/hr lower than the applicable regular hirer rate for each hireable space.

 

RECOMMENDATION

THAT Council:

1.         Receive and note the Report.

2.         Introduce a not-for-profit rate at the Cherrybrook Community Centre and Storey Park Community Centre as provided in Attachment 1. to Director’s Report No. EH16/19.

 


PURPOSE

The purpose of this Report is to enable Council to address the anomaly at Cherrybrook and Storey Park Community Centres which currently do not have a not-for-profit hire rate for community and charitable organisations.

BACKGROUND

The Cherrybrook Community Centre was originally managed on behalf of Council by a Volunteer Management Committee.  This Committee had responsibility for the day-to-day management of the Centre and also recommended hire rates to Council for adoption.

During the period of Volunteer Committee management, Cherrybrook did not have a not-for-profit rate.  In 2018 when the Committee transferred management of the Centre to Council, Council maintained the existing fee structure which did not include a not-for-profit rate.

DISCUSSION

Council operates a total of 24 community centres across the Shire that provide hireable space to the community.

Council structures the fees and charges for its community centres by facility and hire type, with the latter sub-categorised as regular hire, casual hire, not-for-profit organisations and Friday/Saturday evening functions.

Across the network of community centres, 22 offer a not‑for-profit rate to eligible hirers. Eligible hirers are those that meet the Australian Charity and Not-for-profit Commission (ACNC) definition as ‘An organisation that does not operate for the profit, personal gain or other benefit of particular people’.

Cherrybrook Community Centre and Storey Park Community Centre are anomalies within Council’s network of Community Centres in that they do not currently offer a not-for-profit rate to eligible hirers.  This has arisen is as a continuation of historical arrangements in the case of Cherrybrook Community Centre, and in the case of the soon to be opened Storey Park Community Centre a desire to have a streamlined fee structure from its opening noting that Council has a strategic objective to conduct a review of the fees and charges applied at its community centres.

Council has recently been approached by Playgroups NSW regarding the fact that it doesn’t offer a not‑for-profit rate at Cherrybrook Community Centre which for many years has hired space to a local playgroup at the regular hirer rate.  It is understood that this playgroup has declining numbers and despite reducing the number of days in the week in which it operates the playgroup, has advised that meeting the regular hirer fees on those days it does operate has become more challenging.

Noting that there are only two community centres across Council’s network that do not offer a not‑for‑profit rate, it is considered reasonable for Council to apply a consistent approach by introducing a not-for-profit hire rate at both the Cherrybrook Community Centre and the new Storey Park Community Centre.  Proposed rates for each of the hireable spaces at both centres are provided in Attachment 1 to Director’s Report No. EH16/19 and are $3/hr lower than the applicable regular hirer rate for each hireable space.

Of the 23 current regular hirers of Cherrybrook Community Centre, there are 10 groups that would be eligible for the not-for-profit rate upon provision of appropriate evidence of their not-for-profit status. 

Ordinarily when introducing a new fee or charge, Council would adopt the fee in draft form for the purposes of public exhibition and following consideration of any submissions formalise the fee.  In this case as it is proposed to introduce a new, lower hire rate than those that currently apply at the centres, it is considered reasonable for Council to directly adopt the proposed not-for-profit rates such that they can be put in place to apply from 1 January 2020.

BUDGET

Based on the usage of the Cherrybrook Community Centre in 2018/19, it is estimated that Council’s income at this centre would decline by approximately $6,000 p.a. with the introduction of a not‑for‑profit rate.  This reduction would be able to be accommodated across existing community centre budgets.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

Across Council’s network of 24 Community Centres, an anomaly exists where Cherrybrook and the new Storey Park Community Centres are the only two centres which to not offer a not-for-profit hire rate.

To address this anomaly, it is recommended that Council introduce not-for-profit hire rates at these centres to take effect from 1 January 2020.  Proposed not-for-profit hire rates would be $3/hr lower than the applicable regular hire rate for each hireable space.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager – Library & Community Services - who can be contacted on 9847 6801.

 

 

 

 

 

 

Cheryl Etheridge

Manager - Library and Community Services

Community and Environment Division

 

 

 

 

Stephen Fedorow

Director - Community and Environment

Community and Environment Division

 

 

 

 

Attachments:

1.

Proposed not-for-profit fees at Cherrybrook Community and Cultural Centre and Storey Park Community Centre

 

 

 

 

 

 

File Reference:           F2004/06405-010

Document Number:     D07803181

 


 

Director's Report No. EH17/19

Community and Environment Division

Date of Meeting: 11/12/2019

 

6        EXPRESSION OF INTEREST EOI21/2019 - WALLAROBBA ARTS AND CULTURAL CENTRE - LEASE AND ACTIVATE OFFICE SPACES   

 

 

EXECUTIVE SUMMARY

·              Expression of Interest EOI21/2019 was called to identify suitable organisations to be invited to enter into a Lease and Activation Agreement for one or more of the four office spaces within the Wallarobba Arts and Cultural Centre. Office spaces range in size from 17 to 19 sqm.

·              Through this EOI process, Hornsby Shire Council aims to provide support for local arts and culture through provision of office space to community arts and engagement (including media) organisations. 

·              To this end Council invited innovative proposals that address as many of the following strategic objectives as possible:

o     Increased activation of the Wallarobba Arts and Cultural Centre.

o     Increased appreciation for arts and culture by the local community.

o     Increased attendance.

o     Participation, volunteerism and capacity in arts and culture by the local community.

o     Provision of rich and varied arts and cultural experiences and opportunities for local residents.

o     Provision of economic benefits through the attraction, retention and support of creative industries, workers and tourism in the local area.

o     Provision of other community benefits that support the outcomes identified in Hornsby Shire Council’s Community Strategic Plan 2018-2028, including that residents experience an increased sense of living in a community and an increased quality of life.

RECOMMENDATION

THAT Council accept the expressions of interest for EOI 21/2019 as follows:

1.         2 HHH FM Limited for office space 2, 3 and 4 (red, green and blue).

2.         Hornsby Art Society Inc. for office space 1 (The Garden Room).

3.         Council authorise the General Manager to enter into lease arrangements with 2HHH FM Limited and Hornsby Art Society Inc as outlined in Director’s Report No. EH17/19 for a period of three years, with an option to renew for a further three years.


PURPOSE

The purpose of this Report is to provide a recommendation for Expression of Interest EOI21/2019 – Wallarobba Arts and Cultural Centre - Lease and Activate Office Spaces.

BACKGROUND

The Wallarobba Homestead was built in 1903 and has been transformed by Hornsby Shire Council into an Arts and Cultural Centre. Council’s Community and Cultural Facilities Strategic Plan 2015, sets out the future for Wallarobba, including to “Prepare and implement a master plan for regeneration and expansion of the Wallarobba cluster of facilities, as the Shire’s premier community arts facilities…The cluster should retain the Wallarobba heritage building and include…offices for community arts organisations” (p.69).

Since 2011 the Hornsby Art Society have been occupying the Garden Room at Wallarobba. This arrangement was endorsed by Council at its Ordinary Meeting of 16 March 2011.     

DISCUSSION

A summary of the submitted expressions of interest with full evaluation details have been placed on file (F2019/00319). Excepting this report, the summary and details of the expressions of interest received are to be treated as confidential in accordance with the Local Government Act.

Expressions of Interest were received from the following companies:

·              2 HHH FM Limited.

·              Hornsby Art Society Inc.

·              Redbellyblack Pty Ltd.

EOI EVALUATION

As part of the process, evaluation criteria were developed and scored by the evaluation panel.  The panel consisted of staff from Library and Community Services, Procurement and an external probity advisor.

The criteria included:

Non-price evaluation

The non-price evaluation criteria included

·              Strategic Relevance

·              Capability

·              Commitment to Work Health and Safety practices

·              Commitment to obtaining and maintaining the required insurances if awarded the lease

·              Referees

Price Evaluation

The submitted lease proposal rates were evaluated for each expression of interest.  

BUDGET

There are no budgetary implications associated with this Report.

POLICY

The completion of this project constitutes a component of the first stage of development and activation of the Wallarobba Creative Precinct.

CONCLUSION

The Evaluation Panel has recommended that from the submissions received for Expression of Interest EOI21/2019 - Wallarobba Arts and Cultural Centre - Lease and Activate Office Spaces:

1.         The Expression of Interest received from 2 HHH FM Limited be accepted for office space 2, 3 and 4 (red, green and blue).

2.         The Expression of Interest received for Hornsby Art Society Inc. be accepted for office space 1 (The Garden Room).

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Library and Community Services – Cheryl Etheridge who can be contacted on 9847 6801.

 

 

 

 

 

 

Cheryl Etheridge

Manager - Library and Community Services

Community and Environment Division

 

 

 

 

Stephen Fedorow

Director - Community and Environment

Community and Environment Division

 

 

 

 

Attachments:

1.

Confidential Memo and Probity Report - EOI21/19 - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret. (Discussion of the matter in an open Meeting would, on balance, be contrary to the public interest because the attachment contains information provided by tenderers which includes sensitive information about their business operations, methodologies and costs.  The publication of such information could result in the withholding of similar information by potential tenderers in future, therefore limiting Council’s ability to make an informed decision about future tenders. )

 

 

 

 

File Reference:           F2019/00319

Document Number:     D07808903

  


 

Director's Report No. PL32/19

Planning and Compliance Division

Date of Meeting: 11/12/2019

 

7        REPORT ON SUBMISSIONS - RE-EXHIBITION OF DRAFT HORNSBY SECTION 7.12 DEVELOPMENT CONTRIBUTIONS PLAN   

 

 

EXECUTIVE SUMMARY

·              The Draft Hornsby Section 7.12 Development Contributions Plan 2019-2029 (Draft Plan) was originally placed on public exhibition from 4 April 2019 to 6 May 2019. One submission was received from the Police Citizens Youth Clubs NSW (PCYC).

·              The submission requested an amendment to the Draft Plan to exempt registered not-for-profit charitable organisations from the payment of development contributions levied on developments that are for a public purpose which generate a material public benefit.

·              At its meeting on 14 August 2019, Council resolved to re-exhibit the Draft Plan reflecting the above amendment, along with changes to the works list.

·              The amended Draft Plan was exhibited from 3 October 2019 to 1 November 2019. Two submissions were received. The Draft Plan has been amended in response to submissions to clarify wording relating to the exemptions and method of payments permitted under the Plan.

·              It is recommended that Council adopt the amended Draft Hornsby Section 7.12 Development Contributions Plan 2019-2029 attached to this report.

 

RECOMMENDATION

THAT:

1.         Council adopt the Draft Hornsby Shire Council Section 7.12 Development Contributions Plan 2019-2029 attached to Director’s Report No. PL32/19 including amendments to the exemptions and methods of payment permitted under the Plan.

2.         Adoption of the Hornsby Shire Council Section 7.12 Development Contributions Plan be notified in local newspapers.

3.         Submitters be advised of Council’s resolution.

 


PURPOSE

The purpose of this Report is to advise Council of issues raised in submissions received in response to the exhibition of the Draft Hornsby Section 7.12 Development Contributions Plan 2019-2029 and present a revised Plan for adoption by Council.

BACKGROUND

At its meeting on 13 March 2019, Council considered Group Manager’s Report No. PL2/19 presenting a draft Hornsby Section 7.12 Development Contributions Plan with a new works program for the period 2019-2029.  The revised program was prepared in response to the revised local government area boundary following the transfer of lands south of the M2 motorway to the City of Parramatta Council.  Council resolved to exhibit the Draft Plan.

In accordance with Council’s resolution, the Draft Hornsby Section 7.12 Development Contributions Plan 2019-2029 was exhibited from 4 April 2019 to 6 May 2019. One submission was received in relation to exemptions from the plan for registered charities.

At its meeting on 14 August 2019, Council considered Director’s Report No.PL21/19 presenting the outcomes of the public exhibition and a revised Draft Plan. Council resolved that:

1.         Council adopt for exhibition the Draft Hornsby Section 7.12 Development Contributions Plan 2019-2029 attached to Director’s Report No. PL20/19 including the amendments to the works schedule as outlined in point 2 below.

2.         The funding shortfall of $1,000,000 to the street /park tree planting program be funded from a $500,000 saving due to the non-introduction of the emergency services levy and general revenue funds freed up by allocating funds to relevant project as outlined in the following amended works Schedule in Section 7.12:

Street / Park Tree Planting Program                                            $1,500,000

Footpath Program                                                                       $700,000

Shareway / Cycleway Program                                                    $500,000

Playground Improvement                                                            $600,000

Playground Shade Devices                                                         $250,000

Off Leash Dog Facility Improvements                                          $250,000

Installation of Solar Panels at Hornsby Aquatic Centre                  $300,000

Installation of Solar Panels at Community Recycling Centre          $250,000

Bushland Reserves Infrastructure                                                $800,000

Hornsby Library short-term expansion                                          $2,700,000

TOTAL                                                                                      $7,850,000

3.         Following the exhibition, a report on submissions be presented to Council for its consideration.

In accordance with Council’s resolution, the revised draft Plan was exhibited from 3 October 2019 to 1 November 2019.  Two submissions were received.

DISCUSSION

The issues raised in the submissions during re-exhibition of the Draft Plan are summarised and addressed in this report.

Use of Voluntary Planning Agreements

One submission raises concern with the proposed wording for the use of Voluntary Planning Agreements “in full or partial satisfaction of the contribution calculated in accordance with this Plan”. The submitter notes that the language used in the draft Plan implies that the VPAs could be utilised as a means of reducing the overall contribution payable to Council whether by discount or exemption.

Comment

The matters raised in relation to VPAs were referred to DFP Planning, the consultant assisting with the preparation of the draft Plan, for review and advice, which is summarised below. 

Section 2.8 of the current Section 94A Development Contributions Plan only provides for exemptions that are prescribed in a Ministerial Direction.  The proposed s7.12 Plan retains this feature and expands upon it slightly to allow exemptions for:

1.         Development undertaken by or on behalf of Council for community infrastructure such as libraries, community facilities, recreational areas, recreational facilities, car parks and the like; and

2.         Development where the Applicant is a registered charity.

In addition, it is proposed that the s7.12 Plan include a mechanism whereby an Applicant may propose to satisfy some, or all, of the obligation for a monetary contribution by providing an “in-kind” payment.  For instance, an Applicant may propose to dedicate land, carry out works or provide another material public benefit to the same or greater value as the monetary contribution as an alternate form of payment. 

The way such an alternate form of payment can be made is for the Applicant to make an offer to Council to enter into a Planning Agreement in accordance with Part 7 Division 7.1 Subdivision 2 of the EP&A Act.  Section 7.4(3) of the EP&A Act explicitly provides that a Planning Agreement can exclude, “wholly or in part”, the application of development contributions under s7.11 or s7.12.  Accordingly, this is a lawful mechanism which Council can enable through its s7.12 Plan.

An Applicant’s offer to enter into a Planning Agreement must accompany the application to which the contribution relates, must be publicly exhibited and must be reported to the elected Council, where elected members are required to determine whether or not to enter into the Planning agreement.  Accordingly, members of the public have an opportunity to comment on the offer and elected members are responsible for deciding whether or not to agree to that Offer.  There is no provision in the prevailing legislation or the proposed provisions in the Draft s7.12 Plan that enable this decision to be delegated to officers of Council.  In addition, where an application is to be determined by a panel, the panel has no statutory power to accept or reject an offer to enter into a Planning Agreement.  Accordingly, the decision to enter into a Planning Agreement rests solely with the elected members.

The proposed amendments to include provision for payment under a Planning Agreement as an alternative form of payment will bring the s7.12 Plan in-line with the provisions of Council’s s7.11 Plan which already provides for a Planning Agreement to provide contributions instead of, or additional to, s7.11 contributions. 

Recommendation

In accordance with the advice of the planning consultant and to make it clear that the ability to offer to enter into a Planning Agreement is not an “exemption” but an alternate form of payment, it is recommended that the wording relating to Planning Agreements under proposed Section 2.8 of the Draft s7.12 Plan be amended and relocated to a modified Section 2.5 and read as follows:

2.5 Methods of payment

An obligation to provide contributions toward community infrastructure under this Plan is to be satisfied by:

(a)        Payment of a monetary contribution, the amount of which will be specified as a condition of the development consent; or

(b)        Performance of an Applicant’s obligations in accordance with a Planning Agreement, required as a condition of the development consent and entered into between the Applicant and Council.

With respect to the former, monetary contributions can be made by cash, money order, bank cheque, credit card or any other means determined acceptable by Council from time to time.

With respect to a Planning Agreement, an applicant may offer to pay money, dedicate land, carry out works, provide other material public benefits for public purposes or any combination of these. The applicant’s offer of contributions under a Planning Agreement may be additional to or instead of making contributions provided for by this Plan and the Act.

An applicant’s offer to enter into a planning agreement, together with the draft agreement and an explanatory note, will need to accompany the relevant development application or an application to modify the development consent.

In accordance with prevailing legislation, Council will publicly notify the draft planning agreement and explanatory note along with the relevant application and will consider the draft planning agreement as part of the assessment of the relevant application. If Council agrees to enter into the planning agreement, the consent authority will impose a condition of development consent requiring the agreement to be entered into and performed.

A revised Hornsby Section 7.12 Development Contributions Plan reflecting the above is attached to this report.

Indexation of contributions

Concerns are raised in relation to development contributions not being indexed at the time of payment in relation to a specific development consent for subdivision.

Comment

Development applications for subdivision are subject to contributions under Council’s Section 7.11 Plan, not the Section 7.12 Plan subject of this report. However, both plans require the indexation of contributions which are calculated by Council at the time of payment. 

Recommendation

No changes are recommended to the draft Plan in relation to the submission on indexation of contributions.

Request for additional works items

The following items were requested to be included within the works list:

·              Provision of a safe walkway between Mount Kuring-Gai Station and the Mount Ku-ring-gai industrial area; and

·              Completion of an overland flow path for a Council drainage easement around Woodcourt Road/Patrick Place, Berowra Heights.

Comment

The identified route between Mt Kuring-gai Station and industrial area follows the Pacific Highway which is a State Road under the care, control and management of the Roads and Maritime Services. Council staff have made, and continue to make, representations on the matter to the RMS. The matter will be raised again in a submission to the Roads and Maritime Services as they undertake Road Network Planning for the area. 

Council engineers are aware of the overland flow issues in Berowra Heights and are working to progress with investigations for its rectification.

Recommendation

No changes are recommended to the draft Plan in relation to the submission requesting additional works items.

CONSULTATION

The Draft Hornsby Section 7.12 Development Contributions Plan 2019-2029 was re-exhibited from 3 October 2019 to 1 November 2019. Exhibition included advertisements in local newspapers advising where the draft Plan could be viewed and a notice on Councils website, along with electronic copies of the draft Plan. 

In the preparation of this Report, advice was received from DFP Planning, a consultant team engaged to assist Council in preparing the draft Plan. The recommendations of this Report are consistent with the advice from the consultant.

BUDGET

Any offsetting of current and future development contributions that may result from the amended Contributions Plan would only be applicable for developments that would either be undertaken for a public purpose and/ or would provide a clear material benefit to the community which is unique and exceptional.

POLICY

The draft Hornsby 7.12 Development Contributions Plan 2019-2029 will supersede the current Hornsby Section 94A Development Contributions Plan 2014-2024.  Should Council resolve to adopt the draft Plan, public notice of Council’s decision would be required in local newspapers.

CONCLUSION

Section 7.12 of the Environmental Planning and Assessment Act 1979 allows councils to impose a levy based on a percentage of the proposed cost of carrying out development. The Draft Section 7.12 Plan was prepared to repeal the current Hornsby Section 94A Development Contributions Plan 2014-2024.

The Draft Plan will update the terminology, references and exemptions relating to levying development contributions and provide an updated works program for the period 2019-2029, based on the revised Local Government Area boundary following the transfer of lands south of the M2 motorway to the City of Parramatta Council.

In response to the issues raised in the submissions on the draft Plan over two exhibition periods, it is recommended that the Plan be adopted as amended (attached).

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager Strategic Planning – Katherine Vickery - who can be contacted on 9847 6744.

 

 

 

 

 

 

Katherine Vickery

Manager - Strategic Landuse Planning

Planning and Compliance Division

 

 

 

 

James Farrington

Director - Planning and Compliance

Planning and Compliance Division

 

 

 

 

Attachments:

1.

Draft Hornsby Shire Council Section 7.12 Development Contributions Plan 2019-2029

 

 

 

 

File Reference:           F2010/00015-04

Document Number:     D07784180

 


 

Director's Report No. PL33/19

Planning and Compliance Division

Date of Meeting: 11/12/2019

 

8        SYDNEY NORTH PLANNING PANEL - COMMUNITY MEMBERS   

 

 

EXECUTIVE SUMMARY

·              Council’s local membership of the Sydney North Planning Panel (SNPP) is due for renewal in March 2020.

·              The current local membership of the Sydney North Planning Panel (SNPP) comprises David White as the ‘expert local member’, Ross Walker ‘non-expert local member’ and alternate for the ‘expert local member’, and Felicity Findlay as the alternate for the ‘non-expert local member’.

·              The current expert and non-expert local members have served on the SNPP for a period of two years.

·              It is proposed to extend the current term of membership for an additional 12 months until March 2021.

 

RECOMMENDATION

THAT Council:

1.         Endorse David White to serve as the ‘expert local member’, Ross Walker to serve as ‘non-expert local member’ and alternate for the ‘expert local member’, and Felicity Findlay to serve as alternate for the ‘non-expert local member’ on the SNPP until 31 March 2021.

2.         Write to the Minister of Planning and advise of the 12-month extension to the current expert and non-expert local members on the SNPP.

 


PURPOSE

The purpose of this report is to seek Council’s endorsement to extend the current term for the existing local membership of the Sydney North Planning Panel (SNPP) for an additional 12 months until March 2021.

BACKGROUND

At is meeting on 21 February 2018, Council considered Group Manager’s Report No. PL 6/18 concerning appointment of expert and community members to the Sydney North Planning Panel and the establishment of the Local Planning Panel. Council resolved (in part) to endorse David White to serve as the ‘expert local member’, Ross Walker to serve as ‘non-expert local member’ and alternate for the ‘expert local member’, and Felicity Findlay to serve as alternate for the ‘non-expert local member’ on the Sydney North Planning Panel (SNPP).

Th period of membership on the Sydney North Planning Panel was for a period of two years for the local members which expires in March 2020.

The Hornsby Local Planning Panel (HLPP) was established by the Minster for Planning and the appointment of expert and local members was for a period of three years, which expires in March 2021.

DISCUSSION

In accordance with Schedule 2, Part 4 – ‘Provisions relating to members of planning bodies’ under the Environmental Planning and Assessment Act, 1979:

1.         A member of a planning body holds office, subject to this Act and the regulations, for such period (not exceeding 3 years) as is specified in the member's instrument of appointment.

2.         That period may be determined by reference to the occurrence of a specified event or the completion of the exercise of particular functions of the planning body.

3.         A member is eligible (if otherwise qualified) for re-appointment.

In this regard, the term of appointment for the current local members of the Sydney North Planning Panel may be extended in accordance with the Act.

The current term of appointment for members of the Hornsby Local Planning Panel is for a 3-year term and expires in March 2021. It is recommended that the current term of membership for the local members of the Sydney North Planning Panel be extended to 31 March 2021 to be consistent with the local planning panel.

Extending the term of membership would enable expressions of interest for local members of both the SNPP and HLPP to be undertaken concurrently and would be beneficial through cost savings and reduce administrative processes.

In terms of the timing for the future membership of the SNPP and HLPP, the expressions of interest process would be undertaken after the September 2020 local Government election and would enable the incumbent Council at that time to elect new local panel members.

A 12-month extension for the current members would also be consistent with the approach embodied within Council’s Core Terms of Reference adopted in September 2019 for Council administered committees.  The Terms of reference state that at the conclusion of the Council term, positions on Council committees will be declared vacant and an expression of interest process commenced to appoint new members.

The current local panel members of the SNPP have been contacted and have expressed their interest in continuing to participate in the current SNPP for an additional 12 months.

Accordingly, it is recommended that Council endorse a 12-month extension for the current local members of the SNPP.

BUDGET

There are no additional budgetary implications. The current remuneration rates for the local members of the Sydney North Planning Panel would remain unchanged.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

Council’s local membership of the Sydney North Planning Panel is due for renewal in March 2020. The current local membership of the Panel comprises David White as the ‘expert local member’, Ross Walker ‘non-expert local member’ and alternate for the ‘expert local member’, and Felicity Findlay as the alternate for the ‘non-expert local member’.

It is recommended that Council agree to extend the current term of membership for the existing local members for an additional 12 months until 31 March 2021.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Development Assessments – Rod Pickles who can be contacted on 9847 6731.

 

 

 

 

 

 

James Farrington

Director - Planning and Compliance

Planning and Compliance Division

 

 

 

 

 

Attachments:

There are no attachments for this report.

 

 

File Reference:           F2013/00295-002

Document Number:     D07799002

  


 

Deputy General Manager's Report No. IR2/19

Infrastructure and Major Projects Division

Date of Meeting: 11/12/2019

 

9        GALSTON MAIN STREET PROPOSAL   

 

 

EXECUTIVE SUMMARY

·              Concept design plans have been prepared for the Galston main street aimed at creating an attractive village main street.

·              The proposals include reorganising of parking and traffic management, improving pedestrian accessibility, tree planting and landscaping with the aim of slowing through traffic on this state road.

·              Consultation is proposed to occur with the local community and key government stakeholders.

 

RECOMMENDATION

THAT Council:

1.         Endorse the masterplan for Galston main street for exhibition.

2.         Support exhibition and community engagement of the plans.

 


PURPOSE

To seek endorsement of the attached Galston main street plan for exhibition.

BACKGROUND

Council’s Delivery Program 2019-21 identifies a key initiative to develop a main street project at Galston Road, Galston

Council engaged Oculus consultants in December 2018 to prepare Public Domain Guidelines and main street plans for Galston and Asquith to Mount Colah corridor.  The Galston brief was limited to publicly owned lands along Galston Road between the roundabout at Galston/Mid Dural Road and the roundabout at Galston/Arcadia Road.

The brief called for proposals that will improve the safety and attractiveness of the street through traffic and parking management improvements, improved pedestrian accessibility, tree planting and landscaping that together could combine to create an attractive village centre.  Initial work included site survey and analysis of existing conditions as well as community engagement.

The community engagements were undertaken in March 2019 and included:

·              A street pop-up event in Galston village with approximately 50 people attending (16 March).

·              A well-attended public meeting of the Arcadia Galston Residents Association with approximately 50 people attending (14 March).

·              Website and social media promotion of the community forums and online survey (38 responses to the survey relating to the Galston main street).

DISCUSSION

The findings of the various community forums were considered prior to the preparation of the concept designs for the main street.  The key issues identified include:

·              Key improvements requested include upgrade of Galston Road to make it safer for pedestrians particularly through the introduction of traffic calming measures, improved pedestrian access, better management of vehicle movements and parking.

·              Suggestions include consideration of introducing a 40km/h speed limit, introducing a median island, better management of parking.

·              More street trees, landscaping, seating, picnic tables and informal places to gather as well as introducing a play space, bus shelters and other furnishings.

·              Development of park furnishings that complement the rural functions of the area including horse hitching rails and rural style fences.

Following the community engagement and Councillor briefings, a concept design has been developed.  The attached concept design plans indicate proposals to:

·              Undertake extensive tree planting and landscaping to create an attractive streetscape environment.

·              Create a wider pedestrian space in front of the shops on Galston Road where residents and visitors can meet.

·              Improve the parkland area at the corner of Galston and Arcadia Roads (in front of Aldi) to create an attractive arrival point for visitors.

·              Change vehicle management, parking and bus stops, introduce additional angle parking and define various safe pedestrian crossing points.

·              Reinforce the existing gateway landscape at each roundabout, establish a median island and substantial tree planting on either side of the road to slow vehicles travelling through.

·              Reduce the speed limit on Galston Road to 50km/h.

·              Develop a cycle share-way link on the southern side and wider footpath on the northern side.

·              Collectively undertake works serving to slow down vehicles and create an attractive destination.

The Galston Road main street project is identified in Council’s Long-Term Financial Plan (LTFP) for construction in 2023/24 and 2024/25.  Notwithstanding, there has been some interest in seeing whether some elements of the Galston main street project could be delivered earlier than 2023.

It is possible, subject to funding, to make an early commencement by landscaping the eastern and western gateways to the village centre.  This would include landscaping the parkland adjacent to the Aldi and Galston/Arcadia Road roundabout and landscape areas adjacent to the Galston/Mid Dural Road roundabout.

Community and stakeholder engagement

As the concept plans have not been exhibited publicly it is proposed that Council undertake an extensive engagement with the following key objectives:

·              Confirm the proposed road and landscape works have community support.

·              Confirm that changes to the paved areas where shops front Galston Road are supported by local businesses and landowners.

·              Confirm the scope of park improvements at the corner of Galston and Arcadia Roads have community and local business support.

·              Confirm the proposed changes to the roadway are acceptable to the RMS.

As Galston Road is a State road there is a requirement to consult with the RMS regarding any proposed changes to traffic management, parking, adjustments to kerb lines or speed limits.  As the proposal is to make substantial changes, it is expected that extensive consultation will be required to gain RMS approval.

Program

Engagement with the community and stakeholders and subsequent finalisation of the concept design is expected to take more than a year and will require resources to ensure negotiations are successful.  This effectively limits Council on being able to proceed with most of the works along the main street in the short term.

There is, subject to funding being identified, an opportunity to undertake early Stage 1 gateway landscape works adjacent to the roundabouts at each end of the main street corridor, where generous landscape areas within the road reserve could be enhanced and made more attractive. 

BUDGET

The Galston Road main street project is identified in Council’s Long-Term Financial Plan (LTFP) for construction in 2023/24 and 2024/25.

To enable the design of the potential Stage 1 construction works an amount of $50K would be required to be funded in the current financial year.  The works could be focused on the parkland on the corner of Galston and Arcadia Roads and landscape areas adjacent to the Galston/Mid Dural Road intersection.

An amount of $350,000 would also be required to be funded in next financial year’s budget to enable the preparation of construction documentation and the delivery of the Stage 1 construction works.

The allocation of funds towards these initiatives in the 2019/20 and 2020/21 financial years would require consideration of project substitution from current and proposed Capital Works Programmes to enable funding.  Other funding options could include accepting a reduced surplus for 2019/20 and forecasted 2020/21 surplus and scale back or remove projects identified by Councillors in the development of the LTFP.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

A concept plan proposing a significant upgrade to the Galston main street has been prepared.  It proposes to make the centre an attractive destination for visitors by rationalising traffic management and parking and improving commercial frontages.  As this is a State road it is expected to take some time to gain approval of the works.

There is potential to make an early commencement of works to the parkland at the corner of Galston and Arcadia Roads where landscape improvements will not impact current vehicle activity.  Funding will need to be identified as these works are not included in the current operational plan.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Landscape/Urban Design Team Leader – Kurt Henkel - who can be contacted on 9847 6887.

 

 

 

 

 

 

Richard Minter

Manager, Major Projects - Infrastructure and Major Projects

Infrastructure and Major Projects Division

 

 

 

 

Robert Stephens

Deputy General Manager - Infrastructure and Major Projects

Infrastructure and Major Projects Division

 

 

 

Attachments:

1.

Galston Main Street Concept Design

 

 

 

 

File Reference:           F2018/00311

Document Number:     D07792926

 


Deputy General Manager's Report No. IR3/19

Infrastructure and Major Projects Division

Date of Meeting: 11/12/2019

 

10      BEROWRA RECREATION NEEDS ANALYSIS   

 

 

EXECUTIVE SUMMARY

·              The Berowra Recreation Needs Analysis suggests that residents in Berowra would like improved leisure pool/recreation swimming (33%), improved parks/playgrounds (19%) and lap swimming opportunities (17%). 

·              It can reasonably be assumed that formal swimming training, competition or education was not a priority for Berowra residents.  

·              There is an opportunity to service the demand for the above activities at other existing facilities within Hornsby. 

·              Specifically, any improvements to the Hornsby Aquatic and Leisure Centre and/or the Galston Aquatic Centre could service the leisure/recreational and lap swimming demand for the Berowra communities.  Similarly, other Council planning for parks (e.g. The Play Plan) could identify suitable locations for improved parks infrastructure to service the Berowra and broader community.

·              Invariably the desire for an aquatic facility at Berowra has been balanced by Council’s ability to fund competing priorities.

·              In the development of Council’s Long-Term Financial Plan, a series of workshops were held with Councillors to provide information on a range of projects which also included the construction of a Berowra Pool.  The total value of all projects exceeded affordability over the 10 years of the Plan which required Councillor’s to prioritise the projects.  The outcomes of this prioritisation process resulted in the Berowra Pool not proceeding for budget funding.

 

RECOMMENDATION

THAT Council note Deputy General Managers Report No. IR3/19 and reaffirm the prioritisation of projects contained in the adopted Long-Term Financial Plan.

 


PURPOSE

The purpose of the Report is to present the results of a telephone survey which identifies current participation in recreation activities and identifies future recreation needs and priorities for residents in the Berowra area.

BACKGROUND

The requirement to undertake a survey of recreation needs in Berowra arose from a submission from the Berowra and District Community Association (BDCA).  The BDCA presented a feasibility study (the BDCA Study) for the proposed development of a new aquatic centre at Berowra, with a proposed capital cost not greater than $6 million, and a net operating profit of approximately $100,000 per annum.

The BDCA study proposed the construction of an indoor facility with a 25x18 metre lap pool or a smaller 12x15 metre lap pool combined with an 8x12 metre program pool.  The BDCA also proposed that the new pool include support facilities typical of a small indoor aquatic centre, namely a recreation area, kiosk, gymnasium and associated amenities.

There have been several proposals to build an aquatic centre at Berowra.  The proposals included, in 2006/2007, the provision of a learn-to-swim facility ranging in price from $1.5M to $2.0M and progressed to the development of an aquatic centre comprising a learn-to-swim facility and an indoor 25 metre pool with gymnasium estimated at $12M (2006 dollars).

Council also sought expressions of interest for a person to build and operate a learn-to-swim facility or to operate a Council built learn-to-swim facility.  This was viewed as Stage 1 of a possibly larger facility.  Following that process, at its Ordinary Meeting in March 2010, Council resolved (Report No. WK 13/10) not to proceed with the proposed aquatic centre at Berowra as it was demonstrated that such a facility would not be economically viable, and Council had identified the emergence of other higher priority projects.  Council reaffirmed its position in March 2013 (MM4/13). 

In summary, the population of Berowra and surrounding areas to the north (about 11,000 people) was not sufficient, in itself, to justify such a recreational facility when compared with other more centrally located areas. 

Since this time two privately operated aquatic facilities have been opened in the Mount Kuring-Gai Industrial Estate which cater for Berowra residents.  They include learn-to-swim and fitness activities. Both centres have a 20-metre heated indoor pool. 

The Berowra Recreation Needs Analysis (August 2019) by Otium Planning presents information to allow Council to consider a position in relation to the provision of recreation facilities in Berowra, including the provision of aquatic facilities. A copy of the report and presentation has been included as Attachment 1.

Residents were asked questions on the following subjects:

·              Recreation activities most participated in

·              How often respondents participate in recreation activities

·              What has stopped respondents from participating in activities more often

·              Recreation facilities or services respondents would like to see improved

·              The frequency of participation if improved accessibility to recreation facilities or services were provided

·          Willingness to pay for recreation options

The results of the Berowra Recreation Needs analysis should be read in conjunction the Berowra Pool Feasibility Report (July 2017) prepared by Capital Insight (Attachment 2).

The feasibility report was undertaken for a catchment area that extended beyond Berowra, Berowra Heights and Berowra Waters to include Berowra Creek, Cowan and parts of Mount Colah and Mount Kuring-gai.  The estimated visitation (up to 180,000 visits per annum) is approximately two and one-half times that of the Galston Aquatic and Leisure Centre (GALC), but significantly less than estimates proposed by the BDCA Study.

The visitation estimates were subject to several significant uncertainties, including:

·              Uncertainties regarding user behaviour, where users may still prefer to attend the Hornsby Aquatic and Leisure Centre (the HALC) because:

o     They also travel to Hornsby to access other services

o     The HALC offers a 50m lap pool

o     The HALC offers a leisure pool that is more attractive for young children

Lack of an appropriate parking solution at Berowra, with the potential for parking capacity at Berowra to be more problematic than for the HALC, with resultant impacts on user preferences.

The financial implications arising from this Capital Insight study are summarised in the BUDGET section of this report.

DISCUSSION

The results of the Berowra Recreation Needs Analysis are summarised below.  The most participated activities identified by the survey include:

·              Walking 36%

·              Bush Trails 33%

·              Outdoor Sports 29%

·              Parks playgrounds 11%

·              Bike riding/cycling 11%

·              Lap swimming 11%

The most popular current recreation activities are consistent with broader national trends around walking, trails and outdoor sport.  Similarly, the estimated 90% of respondents participating in recreation activities at least once a week is also consistent with broader national participation trends.

The largest barrier to recreation participation was a “lack of time”.  This finding is consistent with broader recreation participation trends where communities are finding it more difficult to find leisure time in consideration of changing work patterns.  It suggests people will increasingly be seeking access to recreation opportunities at different times/days of the week in line with their limited available leisure time.  Council is unable to largely influence this barrier to recreation participation.

The next most popular reason provided as a barrier to participation of “no suitable facilities close by” suggests the location of future recreation opportunities provided by Council should be within central/accessible locations.

Interestingly, 66% of respondents indicated that they would participate in the future potential improved recreation opportunities at least once a week.  Whilst this suggests the potential improvements would be popular, use and participation will be less frequent than participation in current recreation opportunities (90%).  It is uncertain from the survey alone, whether respondents would maintain their current level of participation in current activities if the new opportunities were provided.

The mixed response to residents’ willingness to pay (Yes - 55% / No – 45%), suggests that free use infrastructure is likely to be the most popular improvements to recreation opportunities for the Berowra community.

It is uncertain what respondents were thinking when they identified leisure pool/recreation swimming (33%) as their highest priority for improved recreation facilities.  However, it could be reasonably assumed that formal swimming training, competition or education would not have been considered within this option. 

Interestingly, parks/playgrounds were not an option provided to respondents, however it was recorded given it emerged as a priority to the community for improved recreation facilities (19%).

Lap swimming was the next most popular priority for improved recreation facilities (17%).

Implications arising from the analysis

The development and ongoing operation of leisure/recreation and lap swimming facilities are extremely costly.  By comparison the Galston Aquatic Centre primary catchment is estimated at 27,113 (2016) and generates the following performance outcomes:

·              Current annual visitation of 67,000

·              Current annual operating deficit of $200,000

With a smaller primary catchment of Berowra, such an investment is likely to experience lower visitation and higher operating subsidisation compared to other aquatic centres within the Hornsby LGA.  Further, the introduction of a new aquatic facility into the Shire’s supply is likely to have an adverse impact on Council’s current aquatic centre offerings at Hornsby, Galston and Cherrybrook.

There is an opportunity to service the demand for leisure pool/recreation swimming and parks/playgrounds at other existing facilities within Hornsby.  These alternative facilities could include:

·              Galston Aquatic Centre

·              Hornsby Aquatic & Leisure Centre

·              Private aquatic facilities (e.g. Kid Swim and Moving Bodies - Mount Kuring-Gai)

·              Neighbouring aquatic facilities

·              Other Shire recreation parks.

Specifically, any improvements to the Hornsby Aquatic and Leisure Centre and/or the Galston Aquatic Centre could service the leisure/recreational and lap swimming demand for the Berowra communities.  Similarly, other Council planning for parks (e.g. The Play Plan) could identify suitable locations for improved parks infrastructure to service the Berowra and broader community.

It is important that decision making for improved recreation offerings across the Shire align with a range of strategic planning reports/outcomes being contemplated or in progress.

BUDGET

Council’s consideration and adoption of Deputy General Manager’s Report No. CS6/19 – Update of Council’s Long-Term Financial Plan - provided an understanding of the future financial position over the next 10 years while maintaining current service levels, major capital projects and additional Councillor priorities.

In the development of Council’s Long-Term Financial Plan, a series of workshops were held with Councillors to provide information on a range of projects which also included the construction of a Berowra Pool.  The total value of all projects exceeded affordability over the 10 years of the Plan which required Councillor’s to prioritise the projects.  The outcomes of this prioritisation process resulted in the Berowra Pool not proceeding for budget funding.

An independent financial assessment conducted by Capital Insight of the BDCA feasibility raised several considerations concerning the construction of a Berowra Pool including:

·              An annual operational subsidy up to $170K.

·              Ongoing maintenance and renewal costs over the life of this facility.

·              The negative impact on existing facilities and visitations particularly Hornsby Aquatic and Leisure Centre (HALC).

·              The projected capital cost by the BDCA to construct this facility may be far greater than forecasted.

·              Constraints in respect to parking and bushfire zone considerations.

Capital Insight reported that a new Berowra Pool would have the potential to reduce user demand for the HALC by up to 15%, allowing the HALC to better respond to unmet demand for learn-to-swim classes, reducing overcrowding, and potentially deferring future investment at the HALC.  However, reductions in HALC attendance would also have a negative effect on operational efficiencies and could reduce annual HALC revenues by up to $600K per annum.

A review of BDCA capital cost estimates identified several omissions and suggests that the capital cost for a new Berowra Pool will significantly exceed the estimates provided in the BDCA Study.  Council is yet to commission a detailed capital cost estimate; however, a review of site-specific planning and construction issues has identified a number of risks (including car parking capacity, bushfire protection, site conditions, and the preferred staging strategy) that require further investigation and have the potential to significantly increase capital costs beyond those identified in the BDCA Study.

Finally, a review of Council’s Community and Cultural Facilities Plan (2015) indicates Council’s commitment to explore opportunities to reconfigure the Berowra Community Centre and Library to increase library space and improve useability.  Progression with the above initiative would involve redevelopment of the same undercroft space proposed for the pool, would increase community use of the site, and would preclude progression of the Berowra Pool proposal in its current form.

It is estimated that the recurrent impact of reduced income at HALC, operational funding needed towards a new facility at Berowra, recurrent maintenance and renewal costs may incur an annual net subsidy of $450K.

Currently the Business Activity of Aquatic Centres (Hornsby and Galston Aquatic Centres) on consolidation provides a small operational return to Council.  The construction of a Berowra Aquatic Centre would impact on the viable provision of this business activity requiring subsidisation. 

POLICY

There are no policy implications associated with this Report.

CONCLUSION

The provision of an aquatic facility at Berowra has been raised for many years and has been the subject of several investigations and reports to Council.  The current work suggests that residents in Berowra would like improved leisure pool/recreation swimming (33%), improved parks/playgrounds (19%) and lap swimming opportunities (17%). 

There is an opportunity to service the demand for leisure pool/recreation swimming and parks/playgrounds at other existing facilities within Hornsby. Specifically, any improvements to the Hornsby Aquatic and Leisure Centre and/or the Galston Aquatic Centre could service the leisure/recreational and lap swimming demand for the Berowra communities.  Similarly, other Council planning for parks (e.g. The Play Plan) could identify suitable locations for improved parks infrastructure to service the Berowra and broader community.

Invariably the desire for an aquatic facility at Berowra has been balanced by Council’s ability to fund competing priorities.  In the development of Council’s Long-Term Financial Plan, a series of workshops were held with Councillors to provide information on a range of projects which also included the construction of a Berowra Pool.  The total value of all projects exceeded affordability over the 10 years of the Plan which required Councillor’s to prioritise the projects.  The outcomes of this prioritisation process resulted in the Berowra Pool not proceeding for budget funding.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Deputy General Manager, Infrastructure and Major Projects – Bob Stephens - who can be contacted on 9847- 6841.

 

 

 

 

 

 

Glen Magus

Director - Corporate Support

Corporate Support Division

 

 

 

 

Robert Stephens

Deputy General Manager - Infrastructure and Major Projects

Infrastructure and Major Projects Division

 

 

 

Attachments:

1.

Copy of Berowra Creation Needs Analysis Final Report (Primary Catchment) and Presentation

 

 

2.

Berowra Pool Feasibility Report v3.1 10July17

 

 

 

 

File Reference:           F2004/08495-02

Document Number:     D07805376

   


Mayor's Note No. MN11/19

Date of Meeting: 11/12/2019

 

12      MAYOR'S NOTES FROM 01 NOVEMBER TO 30 NOVEMBER 2019   

 

 

Note:  These are the functions that the Mayor, or his representative, has attended in addition to the normal Council Meetings, Workshops, Mayoral Interviews and other Council Committee Meetings

Saturday 2nd November 2019 - The Mayor attended the 100 Years of Worship Service at Mount Colah Anglican Church in Mount Colah.

Sunday 3rd November 2019 – The Mayor attended Grandparents and Grandfriends Tree Planting Day at Fagan Park in Galston.

Sunday 3rd November 2019 – The Mayor attended and Officially opened the Northern Life Baptist Church in Hornsby.

Monday 4th November 2019 – The Mayor attended a Morning Tea at Kuring Gai Police Area Command with Commander, A/Superintendent Patrick Sharkey and Region Commander, North West Metropolitan Region, Assistant Commissioner Mark Jones APM at Hornsby Police Station.

Monday 4th November 2019 – The Mayor attended the Liturgical Reception and Solemn Mass of Installation of The Most Revered Anthony Randazza in the Light of Christ Centre in Waitara.

Wednesday 6th November 2019 – On behalf of the Mayor, Councillor Tilbury attended the Berowra Music Festival held at Hornsby RSL in Hornsby.

Thursday 7th November 2019 On behalf of the Mayor, Councillor Waddell attended the Official Opening of Warrah’s Banksia Leisure and Learning Facility in Dural.

Friday 8th November 2019 – On behalf of the Mayor, Councillor Waddell attended the 2019 Northern Suburbs Football Association Presidents Dinner held at the Kirribilli Club in Kirribilli.

Sunday 10th November 2019 – On behalf of the Mayor, Deputy Mayor, Councillor Hutchence attended the Arcadian Artist Exhibition and Trail 2019 held in Arcadia.

Sunday 10th November 2019 – On behalf of the Mayor, Councillor Tilbury attended the Northern Districts Festival of Cricket held at Mark Taylor Oval in Waitara.

Monday 11th November 2019 – The Mayor attended the Hornsby RSL Sub Branch Remembrance Day Service held at Hornsby Cenotaph in Hornsby.

Friday 15th November 2019 – The Mayor attended the PCYC Hornsby Ku-ring-gai Official Bus Launch held at the PCYC in Waitara.

Friday 15th November 2019 – On behalf of the Mayor, Councillor Browne attended the Opening Night of the Exhibition of the 2018 Hornsby Shire Emerging Artist – Ben Walsh held at Wallarobba Arts and Cultural Centre in Hornsby.

Friday 15th November 2019 – On behalf of the Mayor, Councillor Browne attended the Hornsby Woodworking Men’s Shed Christmas Function held at the Hornsby Woodworking Men’s Shed in Thornleigh.

Saturday 16th November 2019 – The Mayor attended the Service for the Commencement of Ministry of the Reverend Baden Stace - Rector of St Stephens Church, Normanhurst.

Sunday 17th November 2019 – The Mayor attended, official opened and planted at tree at Asquith Girls High School Open Day held at Asquith Girls High School in Asquith.

Sunday 17th November 2019 – The Mayor attended the Marie Byles Anniversary hosted by Friends of Ahimsa held in Cheltenham.

Sunday 17th November 2019 – The Mayor attended the Carson Chorale, Choral Recital held in the Convent Chapel at Mount St Benedict’s School in Pennant Hills.

Thursday 21st November 2019 – The Mayor attended the Lord Mayor of Sydney’s Official Christmas Function held at Town Hall in Sydney.

Friday 22nd November 2019 – On behalf of the Mayor, Councillor Browne attended the Opening Night of the Wallarobba Outstanding Local Artist Exhibition held at Wallarobba Arts and Cultural Centre in Hornsby.

Friday 22nd November 2019 – On behalf of the Mayor, Councillor Browne attended the Wallarobba Printmakers Exhibition held at Wallarobba Arts and Cultural Centre in Hornsby.

Friday 22nd November 2019 – On behalf of the Mayor, Councillor Browne attended the Hornsby and Kuring Gai Community College held at The Railway Hotel in Hornsby.

Friday 22nd November 2019 – The Mayor attended the 2019 Bushcare and Nursery Christmas Function held at Pennant Hills Golf Club in Beecroft.

Friday 22nd November 2019 – The Mayor attended Small Works 2019 held at Ferry Artists Gallery in Wisemans Ferry.

Monday 25th November 2019 – The Mayor attended Hornsby North Public School in Hornsby.

Thursday 28th November 2019 – The Mayor attended the Annual Dinner for Mount St Benedict College (Acknowledging the outstanding contribution and leadership Maria Pearson has made during her time as Principal, 2004-2019) held at The Epping Club in Epping.

 

 

 

 

 

 

File Reference:           F2004/07053

Document Number:     D07809861

  


 

Notice of Motion No. NOM16/19

Date of Meeting: 11/12/2019

 

13      RECYCLED WATER   

 

 

COUNCILLOR Tilbury To Move

THAT Council:

1.         Conduct an informal workshop which considers utilisation of recycled water within Council operations.

2.         Reiterate Council’s partnership with Sydney Water and ongoing commitment to maintain and improve the health of our waterways through the provision of recycled water to meet end user needs.

 

Note from Councillor

Currently we are amid drought conditions which has been affecting most of the New South Wales since the start of 2017.  The drought is predicted to stay for many months, which means there will be further declines in water availability and inevitable increases in water restrictions.  This situation clearly places a focus on finding opportunities to utilise recycled water.

On 13 November 2019 Council resolved (No. EH1/19) to write to Sydney Water and the Member for Hornsby requesting that Sydney Water actively investigate opportunities for water recycling in the Hornsby LGA.  Whilst I support this advocacy to Sydney Water, I also consider that Council can have a role to play in support.

To determine how we can support greater use of recycled water within the Shire, I propose that an informal workshop be held to determine what options are available to Council.

 

 

 

 

 

Attachments:

There are no attachments for this report.

 

File Reference:           F2009/00099

Document Number:     D07809516