ORDINARY COUNCIL MEETING
NOTICE OF MEETING
To: Mayor Bill Spragg
Councillors Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom
Councillor Ian Bailey Marble Hill Councillor Jan Loveday
Councillor Kirrilee Boyd Councillor Nathan Daniell Mt Lofty Councillor John Kemp
Councillor Val Hall Councillor Lynton Vonow Onkaparinga Valley Councillor Andrew Stratford
Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann
Notice is hereby given pursuant to the provisions under Section 83 of the Local Government Act 1999 that the next meeting of the Council will be held on:
Tuesday 12 December 2017 6.00pm 63 Mt Barker Road Stirling
A copy of the Agenda for this meeting is supplied under Section 83 of the Act.
Meetings of the Council are open to the public and members of the community are welcome to attend. Public notice of the Agenda for this meeting is supplied under Section 84 of the Act.
Andrew Aitken Chief Executive Officer
Page 1
ORDINARY COUNCIL MEETING
AGENDA FOR MEETING Tuesday 12 December 2017 6.00pm 63 Mt Barker Road Stirling
ORDER OF BUSINESS
Council Vision Nurturing our unique place and people
Council Mission Delivering activities and services which build a resilient community, sustain our built and natural environment and promote a vibrant economy
1. COMMENCEMENT
2. OPENING STATEMENT “Council acknowledges that we meet on the traditional lands of the Peramangk and Kaurna people and we recognise their connection with the land.
We understand that we do not inherit the land from our ancestors but borrow it from our children and in this context the decisions we make should be guided by the principle that nothing we do should decrease our children’s ability to live on this land.”
3. APOLOGIES/LEAVE OF ABSENCE 3.1. Apology Apologies were received from Cr Val Hall 3.2. Leave of Absence 3.3. Absent
Page 2 Ordinary Council Meeting AGENDA 12 DECEMBER 2017
4. MINUTES OF PREVIOUS MEETINGS 4.1. Council Meeting – 28 November 2017 That the minutes of the ordinary meeting held on 28 November 2017 as supplied, be confirmed as an accurate record of the proceedings of that meeting.
4.2. Special Council Meeting – 21 November 2017 That the minutes of the special meeting held on 21 November 2017 as supplied, be confirmed as an accurate record of the proceedings of that meeting.
5. DECLARATION OF CONFLICT OF INTEREST BY MEMBERS OF COUNCIL
6. PRESIDING MEMBER’S OPENING REMARKS
7. QUESTIONS ADJOURNED/LYING ON THE TABLE 7.1. Questions Adjourned Nil 7.2. Questions Lying on the Table Nil
8. PETITIONS / DEPUTATIONS / PUBLIC FORUM
8.1. Petitions Nil 8.2. Deputations Nil 8.3. Public Forum
9. PRESENTATIONS (by exception) Nil
10. QUESTIONS ON NOTICE Nil
11. MOTIONS ON NOTICE Nil
Page 3 Ordinary Council Meeting AGENDA 12 DECEMBER 2017
12. OFFICER REPORTS – DECISION ITEMS 12.1. Road Closures – Mill Road & Lobethal Road Lobethal Refer to Agenda for details
12.2. Waste Resource Recovery Service Policy To approve the draft Waste and Resource Recovery Service Policy at Appendix 1 for public consultation in accordance with the provisions of Council’s Public Consultation Policy. That the CEO be authorised to make any formatting, nomenclature or other minor changes to the policy prior to being released for public consultation. Following community consultation, a follow up report be provided to Council for consideration and adoption of a final Waste and Resource Recovery Service Policy.
12.3. Elector Representation Review Certification To recognise that the Adelaide Hills Council’s Elector Representation Review process has been completed.
12.4. Time & Place of Council Meetings, Workshops, Personal Development & Community Forums Refer to Agenda for details
12.5. Code of Conduct Complaint To note that having investigated the alleged breach of the Council Member Conduct Policy (incorporating the Code of Conduct for Council Members), the Local Government Governance Panel finds that Cr Malcolm Herrmann has breached clauses 2.6, 2.7, and 2.8 of the Code of Conduct for Council Members and clause AH8 of the Council Member Conduct Policy. To censure Cr Malcolm Herrmann for breaching clauses 2.6, 2.7, and 2.8 of the Code of Conduct for Council Members and clause AH8 of the Council Member Conduct Policy. To request that Cr Malcolm Herrmann make a written and public apology for breaching clauses 2.6, 2.1, and 2.8 of the Code of Conduct for Council Members and clause AH8 of the Council Member Conduct Policy. To consider reference of breaches of Part 3 of the Code of Conduct for Council Members to the Ombudsman for investigation under Section 263 of the Local Government Act 1999
12.6. Register of Confidential Items Refer to Agenda for details
12.7. Delegations Review December 2017 Refer to Agenda for details
12.8. Council Resolutions Update Refer to Agenda for details
Page 4 Ordinary Council Meeting AGENDA 12 DECEMBER 2017
12.9. Building Better Regions Fund That an application be made to the Building Better Regions Fund for the establishment of the Arts & Heritage Hub at Lobethal with a Council contribution of up to $1,306,000. That an application be made to the Building Better Regions Fund for sealing part of Croft Road, Lenswood with a Council contribution of up to $163,000. That the Chief Executive Officer, or delegate, be authorised to finalise the Council’s funding submission(s). That funding offers arising from the applications be referred back to the Council for consideration.
13. OFFICER REPORTS – INFORMATION ITEMS 13.1. Community Strategy Progress Report Council resolves that the report be received and noted. 13.2. Ombudsman SA Annual Report Council resolves that the report be received and noted. 13.3. Ombudsman’s correspondence – Complaint re Internal Review of Council Decision - Elector Representation Review Council resolves that the report be received and noted.
14. MISCELLANEOUS ITEMS Nil
15. QUESTIONS WITHOUT NOTICE
16. MOTIONS WITHOUT NOTICE
17. REPORTS 17.1. Council Member Reports 17.2. Reports of Members as Council/Committee Representatives on External Organisations 17.3. CEO Report
18. REPORTS OF COMMITTEES 18.1. Council Assessment Panel Nil 18.2. Strategic Planning & Development Policy Committee Nil 18.3. Audit Committee Nil 18.4. CEO Performance Review Panel Nil
Page 5 Ordinary Council Meeting AGENDA 12 DECEMBER 2017
19. CONFIDENTIAL ITEMS 19.1. Australia Day Awards 2018
20. NEXT MEETING
Tuesday 23 January 2018, 6.00pm, 63 Mt Barker Road, Stirling
21. CLOSE MEETING
Page 6
Council Meeting/Workshop Venues 2018
DATE TYPE LOCATION MINUTE TAKER JANUARY 2018 Wed 10 January Council Assessment Panel TBA Karen Savage Tues 23 January Council Stirling Pam Williams FEBRUARY 2018 Mon 5 February Audit Committee Stirling TBA Tues 6 February Workshop Woodside N/A Wed 14 February Council Assessment Panel TBA Karen Savage Tues 20 February Professional Development Stirling N/A Tues 27 February Council Stirling Pam Williams MARCH 2018 Tues 6 March Workshop Woodside N/A Wed 14 March Council Assessment Panel TBA Karen Savage Tues 20 March Professional Development Stirling N/A Tues 27 March Council Stirling Pam Williams
Meetings are subject to change, please check agendas for times and venues. All meetings (except Elected Member Professional Development) are open to the public.
Community Forums 2018 6.00 for 6.30pm (dates and venues to be confirmed)
DATE LOCATION Tuesday 13 March 2018 Kersbrook
Tuesday 8 May 2018 Bradbury/Longwood
Tuesday 14 August 2018 Montacute
9. DEPUTATIONS
For full details, see Code of Practice for Meeting Procedures on www.ahc.sa.gov.au
1. A request to make a deputation should be made by submitting a Deputation Request Form, (available on Council’s website and at Service and Community Centres) to the CEO seven clear days prior to the Council meeting for inclusion in the agenda. 2. Each deputation is to be no longer than ten (10) minutes in duration, excluding questions from Members. 3. Deputations will be limited to a maximum of two per meeting. 4. In determining whether a deputation is allowed the following considerations will be taken into account: the subject matter of the proposed deputation; whether it is within the powers of the Council; relevance to the Council agenda nominated – and if not, relevance to the Council’s powers or purpose; the integrity of the request; and the size and extent of the agenda for the particular meeting.
9.3 PUBLIC FORUM
For full details, see Code of Practice for Meeting Procedures on www.ahc.sa.gov.au
1. The public may be permitted to address or ask questions of the Council on a relevant and/or timely topic. 2. The Presiding Member will determine if an answer is to be provided. 3. People wishing to speak in the public forum must advise the Presiding Member of their intention at the beginning of this section of the meeting. 4. Each presentation in the Public Forum is to be no longer than five (5) minutes (including questions), except with leave from the Council. 5. The total time allocation for the Public Forum will be ten (10) minutes, except with leave from the Council. 6. If a large number of presentations have been requested, with leave from the Council, the time allocation of five (5) minutes may be reduced. 7. Any comments that may amount to a criticism of individual Council Members or staff must not be made. As identified in the Deputation Conduct section above, the normal laws of defamation will apply to statements made during the Public Forum. 8. Members may ask questions of all persons appearing relating to the subject of their presentation.
Item 4 Minutes of Council 261 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 28 NOVEMBER 2017 63 MT BARKER ROAD STIRLING
In Attendance:
Presiding Member: Mayor Bill Spragg
Members:
Councillor Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom Councillor Ian Bailey Marble Hill Councillor Jan Loveday Councillor Kirrilee Boyd Councillor Nathan Daniell (6.11pm) Mt Lofty Councillor John Kemp Councillor Val Hall Councillor Lynton Vonow Onkaparinga Valley Councillor Andrew Stratford (6.08pm) Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann
In Attendance:
Andrew Aitken Chief Executive Officer Terry Crackett Director Corporate Services Peter Bice Director Engineering & Assets Marc Salver Director Strategy & Development David Waters Director Community & Customer Service Lachlan Miller Executive Manager Governance & Performance Megan Sutherland Executive Manager Organisational Development Mike Carey Manager Financial Services David Collins Manager Sustainable Assets Natalie Westover Manager Property Services Renee O’Connor Sport & Recreation Planner Lynne Griffiths Community & Cultural Development Officer Jess Charlton Coordinator Service Strategy & Innovation Pam Williams Minute Secretary
1. COMMENCEMENT The meeting commenced at 6.02pm.
Mayor ______12 December 2017 262 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 28 NOVEMBER 2017 63 MT BARKER ROAD STIRLING
2. OPENING STATEMENT “Council acknowledges that we meet on the traditional lands of the Peramangk and Kaurna people and we recognise their connection with the land.
We understand that we do not inherit the land from our ancestors but borrow it from our children and in this context the decisions we make should be guided by the principle that nothing we do should decrease our children’s ability to live on this land.”
3. APOLOGIES/LEAVE OF ABSENCE 3.1. Apology Nil 3.2. Leave of Absence Nil 3.3. Absent Nil
4. MINUTES OF PREVIOUS MEETINGS 4.1. Council Meeting – 24 October 2017
Moved Cr Malcolm Herrmann 272/17 S/- Cr Ian Bailey
That the minutes of the ordinary meeting held on 24 October 2017 as supplied, be confirmed as an accurate record of the proceedings of that meeting.
Carried Unanimously
4.2. Special Council Meeting – 14 November 2017
Moved Cr Jan-Claire Wisdom 273/17 S/- Cr John Kemp
That the minutes of the special meeting held on 14 November 2017 as supplied, be confirmed as an accurate record of the proceedings of that meeting.
Carried Unanimously
Mayor ______12 December 2017 263 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 28 NOVEMBER 2017 63 MT BARKER ROAD STIRLING
5. DECLARATION OF CONFLICT OF INTEREST BY MEMBERS OF COUNCIL
5.1. Conflict of Interest, Cr Ron Nelson Item 12.1 – 2017 – 18 Community Grants
Under Section 74 of the Local Government Act 1999 Cr Ron Nelson disclosed a Material Conflict of Interest in Item 12.1, 2017-18 Community Grants, the nature of which is as follows:
I am an office holder and member of some Community Groups.
5.2. Conflict of Interest, Cr John Kemp, Item 11.1 – Council Assessment Panel Sitting Fees
Under Section 74 of the Local Government Act 1999 Cr John Kemp disclosed a Material Conflict of Interest in Item 11.1, Council Assessment Panel Sitting Fees, the nature of which is as follows:
The outcome of the consideration of the matter could result in Cr John Kemp gaining a pecuniary benefit as he is the deputy council member appointed to the Council Assessment Panel
5.3. Conflict of Interest, Cr Linda Green, Item 11.1 – Council Assessment Panel Sitting Fees
Under Section 74 of the Local Government Act 1999 Cr Linda Green disclosed a Material Conflict of Interest in Item 11.1, Council Assessment Panel Sitting Fees, the nature of which is as follows:
The outcome of the consideration of the matter could result in Cr Linda Green gaining a pecuniary benefit as she is the Council Member appointed to the Council Assessment Panel
5.4. Conflict of Interest, Cr Linda Green, Item 12.8 - Revocation of Community land – Dunnfield Development Mt Torrens
Under Section 74 of the Local Government Act 1999 Cr Linda Green disclosed a Material Conflict of Interest in Item 12.8 – Revocation of Community Land – Dunnfield Development Mt Torrens, the nature of which is as follows:
I live opposite the development.
6.08pm Cr Andrew Stratford attended the meeting
Mayor ______12 December 2017 264 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 28 NOVEMBER 2017 63 MT BARKER ROAD STIRLING
5.5. Conflict of Interest, Cr Andrew Stratford, Item 12.4 - Adelaide Hills (War Memorial) Swimming Centre – Progress Report
Under Section 74 of the Local Government Act 1999 Cr Andrew Stratford disclosed a Material Conflict of Interest in Item 12.4 – Adelaide Hills (War Memorial) Swimming Centre Progress Report, the nature of which is as follows:
I am Chair of the Adelaide Hills (War Memorial) Swimming Centre Committee.
6. PRESIDING MEMBER’S OPENING REMARKS
Congratulations to community groups successful in obtaining Fund My Neighbour Grants.
7. QUESTIONS ADJOURNED/LYING ON THE TABLE
7.1. Questions Adjourned Nil 7.2. Questions Lying on the Table Nil
8. PETITIONS / DEPUTATIONS / PUBLIC FORUM 8.1. Petitions Nil
6.11pm Cr Nathan Daniell attended the meeting.
8.2. Deputations Mr Joe Frank re Road Closures and Community Forums
8.3. Public Forum Mr Joe Frank re addressing Council and Internal Review of Council Decision & Ombudsman Mr Robert Harris, Secretary of the Adelaide Hills (War Memorial) Swimming Centre re Swimming Centre
9. PRESENTATIONS Nil
10. QUESTIONS ON NOTICE Nil
Mayor ______12 December 2017 265 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 28 NOVEMBER 2017 63 MT BARKER ROAD STIRLING
11. MOTIONS ON NOTICE
Cr John Kemp and Cr Linda Green declared a Material Conflict of Interest at Agenda Item 5, ‘Declaration of Conflict of Interest by Members of Council’ in relation to Item 11.1, Council Assessment Panel Sitting Fees.
6.30pm Cr John Kemp and Cr Linda Green left the Chamber and did not participate in the vote.
11.1. Council Assessment Panel Sitting Fees
Moved Cr Jan Loveday 274/17 S/- Cr Val Hall
That the Council Member or Deputy Council Member on the Council’s Assessment Panel is paid a sitting fee of $190 per meeting, starting 1 November 2017.
Carried Unanimously
6.37pm Cr John Kemp & Cr Linda Green returned to the Chamber
12. OFFICER REPORTS – DECISION ITEMS
With leave of meeting, the following items were brought forward on the agenda and considered at this point in the meeting:
12.4 Adelaide Hills (War Memorial) Swimming Centre 12.10 2016-17 End of Year Financial Results 12.11 2016-17 Annual Report Adoption
Cr Andrew Stratford declared a Material Conflict of Interest at Agenda Item 5, ‘Declaration of Conflict of Interest by Members of Council’ in relation to Item 12.4, Adelaide Hills (War Memorial) Swimming Centre – Progress Report
6.38pm Cr Andrew Stratford left the Chamber and did not participate in the vote.
Mayor ______12 December 2017 266 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 28 NOVEMBER 2017 63 MT BARKER ROAD STIRLING
12.4 Adelaide Hills (War Memorial) Swimming Centre – Progress Report
This item was moved forward on the agenda.
6.41pm Cr Hall left the chamber 6.50pm Cr Hall returned to the chamber
Moved Cr Malcolm Herrmann 275/17 S/- Cr Ian Bailey
Council resolves:
1. That the report be received and noted 2. That the CEO continue the consultation and engagement process with stakeholders, to further inform a broader master planning exercise at the Woodside Recreation Ground, including the Adelaide Hills (War Memorial) Swimming Pool 3. That a further report to Council be provided once the Master Plan is completed.
Carried
6.56pm Cr Andrew Stratford returned to the Chamber 6.56pm Cr Kirrilee Boyd left the Chamber 6.57pm Cr Kirrilee Boyd returned to the Chamber
12.10 2016-17 End of Year Financial Results
This item was moved forward on the agenda. 6.57pm Ms Paula Davies, Chair of the Audit Committee, addressed Council
Moved Cr John Kemp 276/17 S/- Cr Linda Green
Council resolves that the report be received and confirms that the 2016-17 End of Year Financial Results in comparison to budget have been appropriately considered by Council.
Carried Unanimously
Mayor ______12 December 2017 267 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 28 NOVEMBER 2017 63 MT BARKER ROAD STIRLING
12.11 2016-17 Annual Report Adoption
This item was moved forward on the agenda.
Moved Cr Malcolm Herrmann 277/17 S/- Cr Ian Bailey
Council resolves that:
1. The report be received and noted. 2. The 2016-17 Annual Report, as contained in Appendix 1, be adopted. 3. That the Chief Executive Officer be authorised to make minor content, formatting or design changes necessary for publication purposes. 4. Copies of the Annual Report be provided to: a. each member of the Council b. the Presiding Members of both Houses of Parliament c. the South Australian Local Government Grants Commission
Carried Unanimously
Cr Ron Nelson declared a Material Conflict of Interest at Agenda Item 5, ‘Declaration of Conflict of Interest by Members of Council’ in relation to Item 12.1, 2017-18 Community Grants.
7.07pm Cr Ron Nelson left the Chamber and did not participate in the vote.
12.1. 2017-18 Community Grants
Moved Cr Kirrilee Boyd 278/17 S/- Cr Ian Bailey
Council resolves:
1. That the report be received and noted 2. To award Community Grants totalling $44,687 as follows:
Organisation Summary Amount awarded
Gumeracha Sporting Club Replacement of the main refrigeration unit at the sporting $ 2,500 club. The facility is also used by emergency services.
Longwood Bradbury Longwood Institute Kitchen refurbishment. Revitalise the $ 2,248 Progress Association use of the building and improve the facilities for public and private events.
Mayor ______12 December 2017 268 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 28 NOVEMBER 2017 63 MT BARKER ROAD STIRLING
Stirling Community Early Kitchen Garden and Indigenous Learning Centre. Redevelop $ 1,900 Learning Centre backyard outdoor learning area to have a strong focus on sustainability and indigenous learning.
Lions Club of Woodside Mural. Work with the local Woodside Primary $ 2,105 Onkaparinga Inc School children and community members to design and create a Mural art work that reflects the interests and values of the local community.
Lenswood Bowling Club Purchase a new commercial refrigerator for the Kitchen at $ 2,000 Inc the club, this is to meet safety standards when undertaken many social events for the club.
Uraidla & Summertown Shelter for Recreation Area. To provide a weather shelter $ 2,500 Horticultural & area and to make the park accessible to all groups for more Floricultural Society Inc days of the year.
Summertown Table Replace 4 table tennis tables. Modern, lighter tables will $ 1,650 Tennis Club Inc enable younger and older players to move and pack away and prevent injuries. May also attract new players.
Upper Sturt CFS Brigade Siren Repair. After many years of successful alert $ 2,500 notifications via siren, siren has ceased and CFS and locals are keen for the siren to be fixed to continue to alert local residents.
Rotary Club of Stirling SA To purchase a set of 8 spotlights for use at exhibitions hosted $1,320 Inc by Rotary.
National Trust of South Engelbrook Walking Trail Restoration. Reserve is owned and $ 2,500 Australia maintained by NTSA. It has a walking trail that is well used and is in need of maintenance to repair unsafe components including a viewing platform.
Woodside Warriors Purchase furniture to develop a space that promotes $ 2,000 Soccer Club inclusion and participation through a welcoming and relaxing atmosphere.
Kersbrook Soldiers To install ducted evaporative air conditioning to our main $ 2,500 Memorial Park function room and kitchen of Community and Sport Club Community & Sport Club building in Kersbrook. Inc
Cherryville Residents Tennis court area/surrounds refurbishment. Due to an $ 2,500 Association increase of children and young families the CRA and local resident want to see the courts built back up to a safe and usable condition so it can be used to its full potential again.
The Forest Range & Additional picnic table/bench Central recreation ground. $ 1,181 Lenswood History Group Improve facilities at the northern end of the central Inc recreation ground by adding a picnic table/bench. Improve visitor safety by encouraging use of the northern end of park.
The Sustainability Fair To promote sustainability and the Sustainability Fair through $ 2,433.80 the purchase of banners and reusable promotional materials.
Mayor ______12 December 2017 269 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 28 NOVEMBER 2017 63 MT BARKER ROAD STIRLING
CPR Community Planning To provide a community notice/bulletin board at Ironbank. $ 1,750 for Recovery SIBL Inc The board will be used to advertise local upcoming community events such as bushfire awareness meetings.
Aldgate Church of Christ Outdoor Play area upgrade. The village well wish to upgrade $ 1,297 Inc the current outdoor play area to enhance cross generation enjoyment and engagement.
Kersbrook Public Hall Inc Structure for weather protection in BBQ area in children's $ 2,499 area of the Sampson Flat resilience playground.
The Uraidla District Materials to promote and enhance the townships and main $ 2,260 Soldiers Memorial Park street of Uraidla and Summertown for the Tour Down Under Inc and beyond.
Uraidla Tennis Club The addition of a first aid kit, fire blanket, accident blanket $ 668.68 Incorporated and fire extinguisher.
Friends of Birdwood Birdwood history trail. To create a history trail of significant $ 2,475 Institute historical building and houses in and around the town of Birdwood
Scott Creek Progress To repair the stage within the Scott Creek Soldiers Memorial $ 1,900 Association Hall.
Carried
7.15pm Cr Nelson returned to the Chamber
12.2. 2017/18 Sport & Recreation Facility Grants
Moved Cr Linda Green 279/17 S/- Cr Lynton Vonow
Council resolves:
1. That the report be received and noted 2. That Council approve the 18 Sport & Recreation Facility Grant application recommendations, totalling $174,622 as recommended in Appendix 1.
Carried
Mayor ______12 December 2017 270 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 28 NOVEMBER 2017 63 MT BARKER ROAD STIRLING
12.3. Draft Play Space Policy
7.40pm Leave of the meeting was granted for a short-term suspension to discuss the wording of the resolution. 7.46pm The meeting procedures resumed.
Moved Cr John Kemp 280/17 S/- Cr Kirrilee Boyd
Council resolves:
1. That the report be received and noted 2. That the draft Play Space Policy contained in Appendix 1 be endorsed for consultation for a period of nine weeks, commencing 30 November, 2017, with the inclusion of a definition of Crown Land and the concept of a local playspace be refined.
Carried Unanimously
12.4. Adelaide Hills (War Memorial) Swimming Centre – Progress Report
This item was discussed earlier in the agenda.
12.5. LED Streetlight Review
Moved Cr Ian Bailey 281/17 S/- Cr Ron Nelson
Council resolves:
1. That the report be received and noted 2. That Council awaits on the outcomes from the LGASA process and for the outcomes of this report to inform a transition to LED street lighting 3. A further report to Council to be provided following the completion of the LGASA process and subsequent review of the most appropriate model for Adelaide Hills Council to adopt.
Carried Unanimously
Mayor ______12 December 2017 271 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 28 NOVEMBER 2017 63 MT BARKER ROAD STIRLING
12.6. Rededication of Crown Land – Hender Reserve
Moved Cr John Kemp 282/17 S/- Cr Nathan Daniell
Council resolves:
1. That the report be received and noted 2. To apply to the Department of Environment, Water and Natural Resources to revoke the existing dedication of the land contained in Crown Record Volume 5753 Folio 715 described as Section 1527 Hundred of Noarlunga in the area named Heathfield known as Hender Reserve (“Land”) for recreation purposes 3. To apply to the Department of Environment, Water and Natural Resources to dedicate the Land for Recreation and Conservation Purposes – Heritage Agreement subject to the draft conditions that are attached as Appendix 2 4. To authorise the CEO to finalise the conditions of dedication subject to them being substantially in accordance with the draft conditions attached as Appendix 2 5. To authorise the CEO to sign all necessary documents to effect this resolution.
Carried Unanimously
12.7. Revocation of Community Land – Closed Roads in Kenton Valley, Birdwood & Mt Torrens
Moved Cr Lynton Vonow 283/17 S/- Cr Malcolm Herrmann
Council resolves:
1. That the report be received and noted 2. That the community land classification over the land listed below be revoked: Closed Road A in Road Plan No. 1793 in the area named Kenton Valley contained in Certificate of Title Volume 6191 Folio 686 Closed Road B in Road Plan No. 1793 in the area named Kenton Valley contained in Certificate of Title Volume 6191 Folio 687 Closed Road S in Road Plan No. 1793 in the area named Mount Torrens contained in Certificate of Title Volume 6191 Folio 688 Closed Road U in Road Plan No. 1793 in the area named Birdwood contained in Certificate of Title Volume 6193 Folio 468
Carried Unanimously
Mayor ______12 December 2017 272 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 28 NOVEMBER 2017 63 MT BARKER ROAD STIRLING
Cr Linda Green declared a Material Conflict of Interest at Agenda Item 5, ‘Declaration of Conflict of Interest by Members of Council’ in relation to Item 12.8, Revocation of Community Land – Dunnfield Development Mt Torrens
7.51pm Cr Linda Green left the Chamber and did not participate in the vote.
12.8. Revocation of Community Land – Dunnfield Development Mt Torrens
Moved Cr Malcolm Herrmann 284/17 S/- Cr Ian Bailey
Council resolves:
1. That the report be received and noted 2. A report be prepared and submitted to the Minister for Planning seeking approval to revoke the community land classification of Allotment 1 in Filed Plan No. 252674 contained in Certificate of Title Volume 6193 Folio 572 being a closed road (“Land”).
Carried Unanimously
7.52pm Cr Green returned to the Chamber.
12.9. Road Widening – Murray Road Inglewood
Moved Cr Linda Green 285/17 S/- Cr John Kemp
Council resolves:
1. That the report be received and noted 2. To purchase the area of land, being 124m2, identified in red on the plan attached as Appendix 1 (“Land”) from Bruce William MacGillivray and Julie Meredith MacGillivray for the consideration of $1,168.36 (excl. GST) plus all reasonable costs to vest the Land as public road 3. That the Mayor and CEO be authorised to sign all necessary documentation to effect this resolution.
Carried Unanimously
Mayor ______12 December 2017 273 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 28 NOVEMBER 2017 63 MT BARKER ROAD STIRLING
12.10. 2016-17 End of Year Financial Results
This item was considered earlier in the meeting.
12.11. 2016-17 Annual Report Adoption
This item was considered earlier in the meeting.
12.12. 2017-18 Budget – Budget Review 1
Moved Cr John Kemp 286/17 S/- Cr Jan Loveday
Council resolves to:
1. Receive and note the report. 2. Adopt the Operating Budget variations presented in Budget Review 1 that result in a revised Operating Surplus for the 2017-18 financial year of $1.968m. 3. Adopt the proposed Capital Works variations provided for in Budget Review 1 that include: a. An increase in capital income of $568k b. An increase in Capital Expenditure of $551k. 4. Adopt the proposed 2016-17 Capital Works carry forwards, including budget adjustments amounts totalling $3.773m, as detailed in Appendix 2, for inclusion in the revised 2017-18 Budget.
Carried Unanimously
7.59pm Cr Val Hall left the Chamber 12.13. Policy Reviews – Debt Recovery and Account Reconciliation Policy
Moved Cr Malcolm Herrmann 287/17 S/- Cr Nathan Daniell
Council resolves:
1. That the report be received and noted 2. With an effective date of 12 December 2017, to revoke the 15 December 2015 Debt Recovery Policy and to adopt the Debt Recovery Policy, as contained in Appendix 1. 3. With an effective date of 12 December 2017, to revoke the 10 March 2015 Account Reconciliation Policy, as attached in Appendix 2.
Carried Unanimously
Mayor ______12 December 2017 274 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 28 NOVEMBER 2017 63 MT BARKER ROAD STIRLING
12.14. Delegations Policy for the Determination of Development Applications by Council’s Assessment Panel
Moved Cr Lynton Vonow 288/17 S/- Cr Linda Green
Council resolves:
1. That the report be received and noted 2. With an effective date of 12 December 2017, to revoke the Delegations Policy for the Determination of Development Applications by Council’s Development Assessment Panel adopted on 22 November 2016 and to adopt the Delegations Policy for the Determination of Development Applications by Council’s Assessment Panel as contained in Appendix 1.
Carried Unanimously
8.03pm Cr Lynton Vonow left the Chamber 12.15. Council Resolutions Update
Moved Cr Linda Green 289/17 S/- Cr Jan Loveday
That Council resolves:
1. The Council Action List be received and noted 2. The following completed items be removed from the Action List:
Date Meeting No Heading 23/05/2017 Council 120/17 Motion Without Notice - Brochure to promote Burning Permit Policy 25/07/2017 Council 160/17 Youth School Holiday Program - Driver Education Proposed Road Closures 8/08/2017 SPDPC SP40/17 Code of Practice for Access to Meetings & Documents 8/08/2017 SPDPC SP41/17 Call for Expressions of Interest for Independent Members CDAP 22/08/2017 Council 181/17b Revocation of Community Land - Closed Road Dunnfield Development Mt Torrens 22/08/2017 Council 182/17 Revocation of Community Land Closed Roads in RP1793 22/08/2017 Council 190/17 World Heritage Bid Update 22/08/2017 Council 195/17 Adelaide Hills Region Waste Management Authority Tender Landfill Compactor – Confidential Item
Mayor ______12 December 2017 275 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 28 NOVEMBER 2017 63 MT BARKER ROAD STIRLING
Date Meeting No Heading 22/08/2017 Council 196/17 Adelaide Hills Region Waste Management Authority Tender Landfill Compactor – Period of Confidentiality 26/09/2017 Council 208b/17 Treasury Policy 26/09/2017 Council 210a/17 Establishment of CAP and appointment of Independent Panel Members 26/09/2017 Council 210b/17 Establishment of Council Assessment Panel (CAP) and appointment of Independent Panel Members 26/09/2017 Council 210e/17 Establishment of Council Assessment Panel (CAP) and appointment of Independent Panel Members 26/09/2017 Council 212/17 Support for Road Closures Christmas Pageants 2017 26/09/2017 Council 228/17 DAP matter arising 26/09/2017 Council 231/17 Assignment commercial lease AHBTC 26/09/2017 Council 233a/17 CWMS Review Update 26/09/2017 Council 233b/17 CWMS Review Update 26/09/2017 Council 234/17 CWMS Review Update - Period of Confidentiality 26/09/2017 Council 236/17 Appointment of Independent Member with Natural Resource Management Skills to the Council’s Assessment Panel (CAP) 26/09/2017 Council 237/17 Appointment of Independent Member with Natural Resource Management Skills to the Council’s Assessment Panel (CAP) – Period of Confidentiality 4/10/2017 Special 238/17 Fund My Neighbourhood Proposals Council affecting Council 4/10/2017 Special SPDPC SP43/17 Community Engagement Charter Submission 9/10/2017 Audit AC43/17 2016/17 Draft General Purpose Financial Committee Statements 24/10/2017 Council 243/17 2016/17 General Purpose Financial Statement 24/10/2017 Council 252/17 Council Resolutions Update including 2 year update to outstanding resolutions 24/10/2017 Ordinary 255/17 Gawler River Floodplain Management Council Authority – withdrawal of member Council
Carried Unanimously
Mayor ______12 December 2017 276 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 28 NOVEMBER 2017 63 MT BARKER ROAD STIRLING
13. OFFICER REPORTS – INFORMATION ITEMS
8.05pm Cr Lynton Vonow returned to the Chamber. 8.07pm Cr Val Hall returned to the Chamber.
13.1. First Quarter Customer Service
Moved Cr John Kemp 290/17 S/- Cr Kirrilee Boyd
Council resolves that the report be received and noted.
Carried Unanimously
14. MISCELLANEOUS ITEMS Nil
15. QUESTIONS WITHOUT NOTICE
Cr Lynton Vonow – Bike Track Crafers
8.24pm Cr Daniell left the Chamber 8.26pm Cr Daniell returned to the Chamber
Cr Andrew Stratford – BMX track Woodside Cr Malcolm Herrmann – Federation Park/Main Street Masterplan Gumeracha
16. MOTIONS WITHOUT NOTICE Nil
17. REPORTS 17.1. Council Member Activities
Cr John Kemp
25 October 2017 Mt Lofty Branch National Trust AGM, Stangate House 26 October 2017 Conservation Council SA, Award Ceremony, Tandanya 11 November 2017 Remembrance Day Ceremony, Stirling 12 November 2017 Stirling Christmas Pageant and Spring Fair 17 November 2017 Friends of Woorabinda Bushland Reserves AGM 22 November 2017 Adelaide Hills Sculpture Trail Launch, Ukaria, Mt Barker 23 November 2017 Stirling District Residents Association AGM, Stirling 24 November 2017 AHC 20th Anniversary Contemporary Art Prize, AHBTC Lobethal
Mayor ______12 December 2017 277 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 28 NOVEMBER 2017 63 MT BARKER ROAD STIRLING
Cr Kirrilee Boyd
24 November 2017 20th Anniversary Contemporary Art Prize, AHBTC Lobethal
Cr Jan-Claire Wisdom
5 September 2017 Toy Library AGM, Aldgate 8 September Belgium and Great War Exhibition opening, Stirling 17 September RSL lunch and speech, Stirling 18-19 September Public Libraries SA Conference, Adelaide 18 September Citizenship ceremony, Stirling 21 September Heathfield High Ukaria Music evening, Mt Barker 25 September Elector Representation Review Info Session, Stirling 25 September State Libraries Board meeting, Adelaide 28 September Elector Representation Review Info Session, Gumeracha 04 October 2017 Centre for Leisure and Tourism Management Sharing Economy workshop, Adelaide 15 October Lenswood celebration picnic, Lenswood 18 October Warrawong briefing, Mylor 19-20 October State Libraries Country SA tour, Murray Bridge, Tailem Bend, Keith, Bordertown, Mt Gambier, Port MacDonnell, Millicent, Kingston 20 October Light the Night fundraiser, Stirling 31 October Heathfield High Prize giving, Norwood 05 November 2017 Mt Lofty Botanic Gardens celebration, Mt Lofty 05 November Uraidla Show, Uraidla 06 November World Heritage Bid workshop, McLaren Vale 07 November Heads of SA Government Depts’ working lunch, Mt Barker 08 November MLGG Lunc, Tea Tree Gully 08 November MLGG meeting, Adelaide 8 November Meeting Sen Xenophon re SA Public Libraries (PLSA) policy 10 November Member for Mayo ‘Mainstreet’ breakfast, Stirling 10 November SA Tourism Awards, Adelaide 11 November Remembrance Day ceremony, Stirling 11 November Remembrance Day morning tea, Mylor 12 November Stirling Pageant float judging, Stirling 13 November Arts Minister Jack Snelling farewell, Adelaide 14 November Meeting Head PLSA, Stirling 15-16 November SA LGA Conference and AGM, Adelaide 17 November Friends of Woorabinda AGM 20 November Birdwood High School prize giving, Inglewood 20 November State Libraries Board Meeting, Adelaide 21 November IFITT Workshop on Big Data in Tourism, Adelaide
Mayor ______12 December 2017 278 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 28 NOVEMBER 2017 63 MT BARKER ROAD STIRLING
22 November Sculptural Trail launch and speech, Mt Barker 23 November AHC Art Exhibition judging panel, Lobethal 24 November AHC Art Exhibition launch and speech, Lobethal 26 November Summertown CFS 60 yrs celebration, Summertown 27 November SA Club/DEWNR launch of Cleland Park plan, Mt Lofty
Cr Lynton Vonow
31 October Freight Train Bypass taskforce meeting, Mt Barker 17 November Friends of Woorabinda Bushland Reserves AGM, Stirling 22 November Bushfire Advisory Group meeting, Uraidla 24 November Adelaide Hills Stories Art Prize Exhibition opening, Lobethal
Mayor Bill Spragg
25 October Sod turning new Montacute CFS station, Montacute 27 October Southern and Hills LGA, Stirling 30 October Australian of the Year Award for SA, Adelaide 31 October Meeting with Mill Hill developers of Inverbrackie, Stirling 1 November Just Too Deadly awards, Mt Barker Meeting with Member for Mayo, Rebekha Sharkie, Stirling 3 November WHL reception for ICOMOS, Seppeltsfield 4 November Opening of Chesslife Studio, Lobethal Montacute Progress Association annual dinner, Montacute 21 November Meeting with Damien Cooke & Terry Lee (Regional Development Australia), Stirling 22 November SAROC meeting, Port Pirie 23 November LGA Board meeting, Port Pirie 25 November Sixth Creek Catchment Group AGM, Basket Range 26 November Summertown and District CFS 60th Anniversary, Summertown 27 November South Australia Club Cleland Master Plan, Mount Lofty Summit
17.2. Reports of Members as Council/Committee Representatives on External Organisations
Cr Jan Loveday
6 November 2017 Regional Development Australia Finance Committee, Strathalbyn 15 November 2017 Dog & Cat Management Board, Adelaide
Mayor ______12 December 2017 279 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 28 NOVEMBER 2017 63 MT BARKER ROAD STIRLING
Mayor Bill Spragg
Southern and Hills LGA meeting 27th October 2017 An R&D grant application for $150K for the Community Wellbeing Alliance was successful and combined with the $715K annual contribution from SA Health will permit the employment of a full-time Regional Officer to work with Councils and the Regional Public Health Working Group. Special Local Roads Program for 2017-2018, recommendations for 4 roads totalling $1.949M has been submitted for Ministerial approval. Rail freight by-pass tender was won by Tonkin Consulting FAGs for 2017-2018 have been announced and AHC can expect to get the minimum general purpose grant of $20.33 per capita this year.
South Australian Regional Association of Councils (SAROC) A motion supporting in principle a project to ensure that a consistent approach was used to collect data about Coast areas was for the purposed of developing strategies for protecting coastal assets. The discussion considered extending the data collection to estuarine and in-land river systems but this was deferred until the scope of the study had been defined. A Regional Election Strategy was launched. The thrust of the strategy was to push for an incoming government to: 1. develop a population plan which would see the 1/3 of the State’s population living in the regions. 2. spend 25% of mining royalties in the regions 3. base 30% of the State’s public service in the regions and de-centralise some of the decision making to the regions. A workshop on the LGA governance review discussed the potential for re-alignment of the regional LGAs and a reduction in the size of the LGA Board to 6 members plus the President and Immediate Past President. Three (3) members to be drawn from SAROC and 3 from a Metropolitan ROC. It was proposed that SAROC would be composed of 2 Mayors and an Executive Officer from each of the Regional LGAs. Discussions are on-going about the governance review and a new LGA structure is expected to be present at the June 2018 OGM for implementation after the November 2018 Council elections.
Mayor ______12 December 2017 280 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 28 NOVEMBER 2017 63 MT BARKER ROAD STIRLING
17.3. CEO Report Andrew Aitken, CEO, provided Council with a verbal Corporate Update. - Main Street SA Breakfast - Stirling Laneways award - Uraidla Summertown Country Show - Planning Industry Australia awards - Commemorative 20th anniversary Adelaide Hills Council - Hills Musical Company - Sculpture Trail Launch - Cleland development proposal
18. REPORTS OF COMMITTEES 18.1. Council Assessment Panel – 7 November 2017
Moved Cr Linda Green 291/17 S/- Cr Nathan Daniell
That the minutes of the Council Assessment Panel meeting of 7 November 2017 as distributed, be received and noted.
Carried Unanimously
18.2. Strategic Planning & Development Policy Committee Nil 18.3. Audit Committee – 6 November 2017
Moved Cr Malcolm Herrmann 292/17 S/- Cr Lynton Vonow
That the minutes of the Audit Committee meeting of 6 November 2017 as distributed, be received and noted.
Carried Unanimously
18.4. CEO Performance Review Panel – 8 November 2017
Moved Cr Jan Loveday 293/17 S/- Cr Jan-Claire Wisdom
That the minutes of the CEO Performance Review Panel meeting of 8 November 2017 as distributed, be received and noted.
Carried Unanimously
Mayor ______12 December 2017 281 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 28 NOVEMBER 2017 63 MT BARKER ROAD STIRLING
19. CONFIDENTIAL ITEMS
19.1. CEO Performance & Remuneration Review – Exclusion of the Public
Moved Cr Kirrilee Boyd 294/17 S/- Cr Malcolm Herrmann
Pursuant to section 90(2) of the Local Government Act 1999 the Council orders that all members of the public, except:
CEO, Andrew Aitken Director Engineering & Assets, Peter Bice Director Strategy & Development, Marc Salver Director Corporate Services, Terry Crackett Director Community & Customer Service, David Waters Executive Manager Governance & Performance, Lachlan Miller Executive Manager Organisational Development, Megan Sutherland Minute Secretary, Pam Williams
be excluded from attendance at the meeting for Agenda Item 19.1: (CEO Performance and Remuneration Review) in confidence.
The Council that it is necessary that the public, with the exception of Council staff in attendance as specified in (a) above, be excluded to enable the Panel to consider the report at the meeting on the following grounds:
Section 90(3)(a) of the Local Government Act 1999, the information to be received, discussed or considered in relation to this Agenda Item is information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead), being the personal affairs of the Chief Executive Officer, in that details of his performance review and remuneration package will be discussed.
Accordingly, on this basis the principle that meetings of the Council should be conducted in a place open to the public has been outweighed by the need to keep the information and discussion confidential.
Carried Unanimously
Mayor ______12 December 2017 282 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 28 NOVEMBER 2017 63 MT BARKER ROAD STIRLING
19.1.1 CEO Performance & Remuneration Review – Confidential Item
Mayor ______12 December 2017 283 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 28 NOVEMBER 2017 63 MT BARKER ROAD STIRLING
19.1.2 CEO Performance & Remuneration Review – Confidential Item
Moved Cr Malcolm Herrmann 295/17 S/- Cr Kirrilee Boyd
Subject to the CEO, or his delegate, disclosing information or any document (in whole or in part) for the purpose of implementing the Panel’s decision(s) in this matter in the performance of the duties and responsibilities of office, the Panel, having considered at Agenda Item 19.1 in confidence under sections 90(2) and 90(3)(a) of the Local Government Act 1999, that an order be made under the provisions of sections 91(7) and (9) of the Local Government Act 1999 that the report, related attachments and the minutes of Council and the discussion and considerations of the subject matter be retained in confidence until the CEO has been advised in writing, but not longer than one month from the date of the decision of Council.
Pursuant to section 91(9)(c) of the Local Government Act 1999, that Council delegates the power to revoke the confidentiality order to the Chief Executive Officer, or his sub- delegate.
Carried Unanimously
20. NEXT MEETING The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 12 December 2017 from 6.00pm at 63 Mt Barker Road, Stirling.
21. CLOSE MEETING The meeting closed at 9.14pm.
Mayor ______12 December 2017 258 ADELAIDE HILLS COUNCIL MINUTES OF SPECIAL COUNCIL MEETING TUESDAY 21 NOVEMBER 2017 BUSHLAND PARK, KENTON VALLEY ROAD LOBETHAL
In Attendance:
Presiding Member: Mayor Bill Spragg
Members:
Councillor Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom Councillor Ian Bailey Marble Hill Councillor Kirrilee Boyd Councillor Nathan Daniell Mt Lofty Councillor John Kemp Councillor Val Hall Councillor Lynton Vonow Onkaparinga Valley Councillor Andrew Stratford Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann
In Attendance:
Andrew Aitken Chief Executive Officer Terry Crackett Director Corporate Services Peter Bice Director Engineering & Assets Marc Salver Director Strategy & Development David Waters Director Community & Customer Service Lachlan Miller Executive Manager Governance & Performance Pam Williams Minute Secretary
Mr Ivan Tiwu Copley, a Peramangk Elder, provided a Welcome to Country prior to the commencement of the meeting.
1. COMMENCEMENT The special council meeting commenced at 6.06pm.
2. OPENING STATEMENT “Council acknowledges that we meet on the traditional lands of the Peramangk and Kaurna people and we recognise their connection with the land.
We understand that we do not inherit the land from our ancestors but borrow it from our children and in this context the decisions we make should be guided by the principle that nothing we do should decrease our children’s ability to live on this land.”
Mayor 12 December 2017 259 ADELAIDE HILLS COUNCIL MINUTES OF SPECIAL COUNCIL MEETING TUESDAY 21 NOVEMBER 2017 BUSHLAND PARK, KENTON VALLEY ROAD LOBETHAL
3. APOLOGIES/LEAVE OF ABSENCE 3.1. Apology Cr Jan Loveday 3.2. Leave of Absence Nil 3.3. Absent Nil
4. DECLARATION OF INTEREST BY MEMBERS OF THE COMMITTEE Nil
5. PRESENTATIONS 5.1. Rebekha Sharkie MP, Member for Mayo 5.2. Ann Herraman, President Mt Lofty Districts Historical Society
6. BUSINESS OF THE MEETING 6.1. 20th Anniversary Commemoration
Crs Bailey, Nelson, Herrmann, Hall, Green, Daniell, Stratford, Vonow, Boyd, Kemp, Wisdom & Mayor Spragg addressed Council on their reflections of the past 20 years.
Moved Cr Ian Bailey 271/17 S/- Cr Ron Nelson
That the Council:
1. Recognises the 20th anniversary of the establishment of the Adelaide Hills Council and thanks: past and present Council Members for their passion and commitment to service; past and present staff for their professionalism and dedication; and past and present volunteers for their generous commitment of time and skills; all for the betterment of the Adelaide Hills community.
2. Acknowledges the importance of: the generous and friendly people of the Adelaide Hills; the diverse enterprises, big and small, throughout the district; and the rich environment and built heritage; in creating and maintaining a safe and attractive place for people to live, work and visit.
Mayor 12 December 2017 260 ADELAIDE HILLS COUNCIL MINUTES OF SPECIAL COUNCIL MEETING TUESDAY 21 NOVEMBER 2017 BUSHLAND PARK, KENTON VALLEY ROAD LOBETHAL
3. Reaffirms its ongoing commitment to: act as a representative, informed and responsible decision maker in the interests of the community; provide and coordinate services and facilities and to develop the community in a socially just and ecologically sustainable manner; encourage and develop initiatives to improve the quality of life for the community; represent the interests of the community to the broader community; and exercise, perform and discharge its powers, functions and duties in a fair and sustainable manner; all while upholding the highest standards of public administration.
Carried Unanimously
7. CLOSE SPECIAL COUNCIL MEETING The meeting closed at 6.58pm.
Mayor 12 December 2017 ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING Tuesday 12 December 2017 AGENDA BUSINESS ITEM
Item: 12.1
Originating Officer: Richard Fox, Senior Property Projects Officer
Responsible Director: Terry Crackett, Director Corporate Services
Subject: Road Closures and Mergers with Adelaide Hills Business and Tourism Centre Land at Lobethal
For: Decision
SUMMARY
Surveys of the Adelaide Hills Business and Tourism (AHBTC) site at Lobethal revealed that some of the historic construction on the site had encroached on to the road reserves of Lobethal Road and Mill Road. In order to complete the divestment strategy for the site, it is necessary to resolve these encroachments through the processes of the Roads (Opening and Closing) Act 1991 (the Act) so that the relevant buildings are entirely within the boundaries of the AHBTC.
RECOMMENDATION
Council resolves:
1. That the report be received and noted 2. To make Road Process Orders pursuant to the Roads (Opening and Closing) Act 1991 to: a. in relation to Preliminary Plan No 17/44 (Appendix 1), close and merge the land identified as “A” with Allotment 202 in Deposited Plan No 65382 comprised in Certificate of Title Volume 5933 Folio 649, close and merge the land identified as “B” with Allotment 87 in Filed Plan No 4620 comprised in Certificate of Title Volume 5897 Folio 5199, and close and merge the land identified as “C” with Allotment 201 in Deposited plan No 60535 comprised in Certificate of Title Volume 5897 Folio 516 b. in relation to Preliminary Plan No 17/45 (Appendix 2), close and merge the land identified as “E” with Allotment 62 in Deposited Plan No 74988 comprised in Certificate of Title Volume 6004 Folio 394 c. in relation to Preliminary Plan No 17/45, create an easement for sewer purposes in favour of SA Water for a distance of approximately one metre across the narrowest portion of “E”. 3. The closed roads be excluded as Community Land pursuant to section 193(4a) of the Local Government Act 1999. 4. To authorise the Chief Executive Officer (or delegate) to finalise and sign all necessary documentation to close the above portions of closed road pursuant to this resolution.
Page 1 Adelaide Hills Council – Ordinary Council Meeting Tuesday 12 December 2017 Road Closures – Mill Road and Lobethal Road Lobethal Item
1. GOVERNANCE
Strategic Management Plan/Council Policy
Goal 2 Activities and opportunities to connect Strategy 2.4 We will implement the Adelaide Hills Business and Tourism Centre (Old Woollen Mill) Masterplan to stimulate local job creation, boost tourism and create a vibrant cultural hub.
Legal Implications
The Roads (Opening & Closing) Act 1991 sets out the process for road closures and the issuance of Road Process Orders
Risk Management Implications The completion of these Road Process Orders will assist in mitigating the risk of barriers to the divestment strategy by ensuring all buildings are located fully within the AHBTC land.
Inherent Risk Residual Risk Target Risk HIGH (3B) LOW (1E) LOW (1E)
The completion of these road process orders will ensure that the potential for buildings encroaching onto road reserves and interfering with the divestment strategy will be completely removed.
Financial and Resource Implications
The costs associated with these Road Process Orders are covered by the budget allocation for the divestment strategy for the AHBTC.
Customer Service and Community/Cultural Implications
Not applicable.
Environmental Implications
Not applicable.
Engagement/Consultation with Committee, Regional Subsidiary, Advisory Group and Community
Council Committees: Not Applicable Advisory Groups: Not Applicable Administration: Manager Property Services Community: Community consultation was undertaken in accordance with the public notice requirements set out in the Roads (Opening & Closing) Act 1991.
Page 2 Adelaide Hills Council – Ordinary Council Meeting Tuesday 12 December 2017 Road Closures – Mill Road and Lobethal Road Lobethal Item
2. BACKGROUND
At the Council meeting of 22 March 2016 and in relation to the AHBTC it was resolved (in part):
A further report was provided to Council on 25 July 2017 where the updated draft land division plans were presented and endorsed.
The delivery of the adopted outcomes of the Masterplan and divestment strategy for the AHBTC require plans of division for both the Northern Site and the Southern Site. The concept plans of division were presented to Council on 4 July 2016. Boundary surveys showed that there were long standing encroachments onto the road reserves of Lobethal Road and Mill Road. Building 27 has encroached onto Lobethal Road for approximately 80 years, the toilets adjacent to Building 23 for an unknown time and Building 10 has encroached onto Mill Road for approximately 60 years.
The proposed Lobethal Road closure is necessary to give effect to the resolutions of Council as Building 27, which is leased to Henstock Pty Ltd, and the toilets that would be part of a parcel relevant to Bliss Trade Pty Ltd both encroach onto the road reserve.
While the Road Process Order for Mill Road is less critical in the short term, Building 10 encroaches onto the road reserve and the current boundary is impractical from a management perspective because of the steep gradient of the land. Completing this Road Process Order now will ensure that the current Mill Road boundary does not cause difficulties at the relevant times in the divestment process.
3. ANALYSIS
The road closures to be brought into effect by these Road Process Orders will have no impacts on either vehicles or pedestrians and will have no visual impacts. They will merely formalise boundaries to acknowledge the existence of buildings that have encroached onto the road reserves for many decades.Satellite imagery of the areas to be incorporated into the AHBTC site are shown outlined in red in Appendix 3 for Mill Road and Appendix 4 for Lobethal Road.
Page 3 Adelaide Hills Council – Ordinary Council Meeting Tuesday 12 December 2017 Road Closures – Mill Road and Lobethal Road Lobethal Item
The public notification, Gazettal and notification of affected persons and statutory authorities as required by the Act have all been completed. No objections were received in relation to either Preliminary Plan. There will need to be a very minor extension to an existing easement to SA Water over the portion of Lobethal Road, but no other amendments to the preliminary plans have been identified.
Because Council owns the roads to be closed pursuant to section 208(1) of the Local Government Act 1999 and also owns all four of the land parcels with which the closed roads are to merge, there will be no financial transactions involved in these processes.
The AHBTC land is excluded from the Community Land Register and it is intended that the small areas of land to be merged through the Road Process Orders will also be excluded from the Register, thereby avoiding any need for future revocation processes in order to deal with the land.
4. OPTIONS
Council has the following options:
I. Resolve to close and merge the roads as described in Preliminary Plans 17/44 and 17/45 (Recommended) II. Resolve to not close and merge the roads described in Preliminary Plans 17/44 and 17/45, which will impede the divestment strategy for the AHBTC site (Not Recommended)
5. APPENDICES
(1) Prelimibary Plan 17/44 (2) Preliminary Plan 17/45 (3) Satellite imagery Mill Road (4) Satellite imagery Lobethal Road
Page 4
Appendix 1 Preliminary Plan 17/44 for closure of Mill Road
PRELrMiNARY PLAN F-)P 17/l+4
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(D (Y% I HEREBY CERTIFY Tl4AT THE PORTrONS 200 OF ROAD LETTERED A, B AND ( HEREON -C:l ARE PUBLIC ROAD WITHIN THE MEANING r:i6osis ',Cl OF sEcTIoN 3 oF THE ROADS (OPENING AND O'. CT S897/515 .J CLOSING) ACT 199/. (AUTHORITY: PUBL)C MAP) aj (. GILLIES %)) 0.sV!0- Geoffrey (. van Senden 'l,;JB ',- LrCENSED SURVEYOR DATE 24/02/2077 CERTIFIED CORRECT AS TO INTENT:
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Appendix 2 Preliminary Plan 17/45 for closure of Lobethal Road
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Appendix 3 Satellite imagery for closure of Mill Road
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j ? l 'ffi ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING Tuesday 12 December 2017 AGENDA BUSINESS ITEM
Item: 12.2
Originating Officer: John McArthur, Manager Waste Health and Regulatory Services
Responsible Director: Marc Salver, Director Strategy and Development
Subject: Draft Waste and Resource Recovery Service Policy
For: Decision
SUMMARY
In May 2017 Council received a report which addressed a number of items relating to kerbside services and waste and green organics service provisions. This report further addresses those items with the establishment of a draft Waste and Resource Recovery Service Policy.
The draft Waste and Resource Recovery Service Policy defines Council’s kerbside and other waste service provisions and consolidates the Green Organics Service Policy and the Community Groups Access to Waste Disposal Sites Policy. The purpose of this report is to introduce the draft Waste and Resource Recovery Service Policy and to seek Council endorsement to release the draft policy for community consultation in early 2018.
RECOMMENDATION
Council resolves:
1. That the report be received and noted. 2. To approve the draft Waste and Resource Recovery Service Policy at Appendix 1 for public consultation in accordance with the provisions of Council’s Public Consultation Policy. 3. That the CEO be authorised to make any formatting, nomenclature or other minor changes to the policy prior to being released for public consultation. 4. Following community consultation, a follow up report be provided to Council for consideration and adoption of a final Waste and Resource Recovery Service Policy.
1. GOVERNANCE Strategic Management Plan/Council Policy
Goal 3 Places for people and nature Strategy 3.7 We will drive further reduction in waste consigned to landfill
Page 1 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Waste and Resource Recovery Service Policy
Adopting a Waste and Resource Recovery Service Policy that updates and consolidates a number of existing policies with a focus on maximising recycling will assist to reduce the volume of material consigned to landfill.
Legal Implications
Section 10(2) of the Environment Protection (Waste to Resources) Policy 2010 requires metropolitan councils to provide a weekly general kerbside collection service. Section 7(b) of the Local Government Act 1999 describes waste collection as a function of a council.
Risk Management Implications
Releasing the draft Waste and Resource Recovery Service Policy for consultation will assist in mitigating the risk of:
Not seeking community and stakeholder feedback leading to development and potential adoption of a Waste and Resource Recovery Policy that has not considered community views.
Inherent Risk Residual Risk Target Risk High (3B) Medium (3C) Low
Adopting a Waste and Resource Recovery Service Policy will assist in mitigating the risk of:
Not having a Waste and Resource Recovery Service Policy in place leading to increased waste to landfill, minimised recycling and inequitable service provisions across the Council.
Inherent Risk Residual Risk Target Risk Extreme (3A) High (3B) Low
Financial and Resource Implications
Adoption of the report recommendation will not result in any financial or resource implications other than undertaking the consultation process as recommended. Ultimately however, subject to Council adopting the draft Waste and Resource Recovery Service Policy after the recommended consultation process, the following financial impacts are possible.
Commercial Green Organics Based on every eligible commercial business opting in to receive a green organics bin this service would cost, in a worst case scenario, $146,000. However, this would be highly unlikely as commercial services will be managed through an application process and a full cost recovery fee for service is proposed.
The cost of the proposed service would be closely monitored and service levels and fees charged would be adjusted through the annual budget development process. The application of the annual fee for commercial properties, currently proposed to be $60, will be adjusted over time to continue to recover costs for this service provision.
Page 2 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Waste and Resource Recovery Service Policy
Green Organics Houghton and Inglewood Subject to Council resolving to provide a kerbside green organics service to Houghton and Inglewood the cost to fund the initial ’bulk’ rollout proposed to a select number of properties is $13,000 with a once off bin roll out cost of $5,000. Over time, as more and more properties opt in, the green bin service could cost up to $24,000 per annum.
With the proposed addition of Houghton, Inglewood and the potential maximum cost for green bin services for commercial properties the cost of the green bin service could, as a worst case scenario, increase from approximately $50 per service per year to $60 per service per year.
Please note adoption of the report recommendation, to release the draft Waste and Resource Recovery Service Policy for consultation, does not bind Council to the costs outlined above at this point in time. These costs have been provided in this report to ensure Council Members are fully aware of the potential financial implications outlined above of ultimately adopting the proposed Waste and Resource Recovery Service Policy.
Customer Service and Community/Cultural Implications
The proposed policy will enable Council to ensure a planned and consistent service is provided to the community. The draft policy defines service levels and therefore assists Council staff in decision making processes resulting in more consistent and equitable service provision. The initiatives included within this report are largely in response to community feedback and are expected to have a positive impact on the community through improved service provisions and environmental outcomes.
Environmental Implications
The proposed Waste and Resource Recovery Service Policy aims to have a positive environmental impact through minimising waste to landfill and maximising recycling resources.
Engagement/Consultation conducted with Council Committee, Regional Subsidiary, Advisory Group, the Administration and Community
Council Committees: Not applicable.
Council Workshops: A Council workshop was held in relation to this matter on 20 September 2017.
Advisory Groups: Not applicable.
Administration: Manager Financial Services.
Community: As part of the community engagement undertaken in regards to the Burning Permit Policy in early 2017, green organics feedback was received and reviewed via this process.
Subsidiary: Discussions have been held with Council’s Regional Subsidiary East Waste in regards to service implications. Advice and input has also been obtained from the Adelaide Hills Region Waste Management Authority.
Page 3 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Waste and Resource Recovery Service Policy
2. BACKGROUND
In May 2017 a report was presented to Council in relation to free green organics drop-off days, commercial green organics services (incorporating a fee review) and the residential kerbside green bin service. As a result of the May 2017 report to Council the following was resolved:
Items 1, 2, 5 and 6 of the above resolution have been completed and are beyond the scope of this report. The reviews identified in items 3 and 4 have now been completed and the results incorporated into the draft Waste and Resource Recovery Service Policy (refer Appendix 1) that this report is seeking to be released for public consultation.
Page 4 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Waste and Resource Recovery Service Policy
3. ANALYSIS
The draft Waste and Resource Recovery Service Policy (refer Appendix 1) defines Council’s kerbside and other waste and resource service provisions along with consolidating the current Green Organics Policy and the Community Groups Access to Waste Disposal Sites Policy. Ultimately, it is proposed that the Green Organics Policy and the Community Groups Access to Waste Disposal Sites Policy will be rescinded and replaced with the proposed Waste and Resource Recovery Service Policy.
The proposed Waste and Resource Recovery Service Policy will assist Council staff in decision making processes and ensure a consistent service provision. Predominantly, the draft Waste and Resource Recovery Service Policy defines ‘business as usual’ and includes the following key sections:
Kerbside waste and recycling collection service Commercial and industrial property kerbside waste and recycling collection service Council owned property kerbside waste and recycling collection service Green organic disposal vouchers Sport facilities waste and recycling collection service Schools/kindergartens and child care facilities kerbside waste and recycling collection service Places of worship kerbside waste and recycling collection service Not for profit community / opportunity shop vouchers
Several aspects of the draft policy are a material change from business as usual and these have been discussed in detail below.
Commercial Green Bin Services At the commencement of the green bin service in 2012 it was determined that commercial properties would not be entitled to a green organics bin. These properties could however apply for a service and pay a fee. The current fee for commercial premises to access a kerbside green organics bin is $82 annually and a once off application fee of $83. Currently there are four commercial premises paying for a green organics bin.
The practice outlined above was common across a number of South Australian Councils and was determined on the basis that commercial properties do not often have garden areas or a requirement for a green bin.
The concept of waste management has evolved since the introduction of the kerbside green bin service with a greater focus on reducing waste to landfill from the full spectrum of waste and resource generating streams. For example, food scraps are now accepted within the green bins, which are composted to produce nutrient rich soils. Previously, foods scraps were disposed to landfill where greens decomposition within a landfill can contribute to methane production.
In accordance with the resolution of Council from May 2017 a review of the commercial green organics service, including the fees charged, has been completed in conjunction with East Waste. The review has determined that there are some concerns with the additional number of services that this may create and overloading of bins with commercial quantities of green organic material.
Page 5 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Waste and Resource Recovery Service Policy
Based on the potential number of services within the green organics collection areas East Waste has estimated that the additional cost for the provision of a free green organics service to commercial properties could be in the order of $146,000. The East Waste costing is a ‘worst case’ estimate based on all eligible properties opting in for the service, which would be unlikely.
Noting the worst case cost to Council outlined above in providing a free green organic service to commercial properties, it is proposed that the current annual fee of $82 be reduced to $60 rather than providing a free service. The proposed annual service charge aligns with the cost of providing the service overall. This outcome would result in the fee for commercial properties being the same that applies to residential properties to have an additional green organics bin. It is also proposed to abolish the once off application fee to further encourage green organic recycling from commercial premises.
Noting the concerns raised during the review regarding overloading of green organic bins with commercial quantities of organic material, it is intended the changes proposed to the commercial service are for ’domestic’ quantities only of organic material. For this reason it is proposed that commercial properties will continue to need to apply for a green bin and show a demonstrated need for the service. The application process and proposed fee will also deter businesses from replacing their current commercial quantity green organic disposal service with a Council green bin service that is intended to manage domestic quantities of green organic material only.
Subject to Council ultimately adopting the commercial green bin service outlined above, the uptake would be monitored. If required, further recommendations will be made to Council to encourage commercial premises to participate in the green bin service.
Noting this report recommendation is to release the draft Waste and Resource Recovery Service Policy for consultation, the changes proposed to the fees above for a commercial green organics bin service will be incorporated in a further report to Council. This approach will allow feedback received through the consultation process in regards to commercial green organics to be considered and recommended to Council.
Green Bin Service
In September 2012 the Adelaide Hills Council introduced a kerbside green organics service to townships and urban areas in response to the EPA Environment Protection (Waste to Resources) Policy 2010. The EPA policy originally required all properties within the metropolitan area to be provided with a three bin service. Recognising that green bins would be unsuitable for some largely rural properties, the EPA provided an exemption to the Adelaide Hills Council enabling green bins to be implemented within townships only.
Adelaide Hills Council recognised residents in townships outside of the Adelaide metropolitan boundary would also benefit from the provision of a green bin. Accordingly, Council determined that green bins would be provided to all residential properties within townships and also to clusters of 20 properties or more that are less than 2,000 m2 in size. These guidelines led to the establishment of green bin zones and development of a policy where properties on route are able to apply for a green bin.
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The green bins have now been in place for five years and approximately 300 applications for services have been received beyond the initial bin rollout. These applications were assessed and provided to properties on route or new properties being built within the green bin collection zones.
Pursuant with the resolution of Council made at the May 2017 Council meeting a review of the green bin service as a whole has been completed and the following changes are proposed.
Houghton and Inglewood Areas
The provision of green bins to Houghton and Inglewood has been assessed in conjunction with East Waste. Based on the location of properties within this area and the applications received to date, it is proposed that the green bin service area include Inglewood and Houghton in accordance within Appendix 2.
It is proposed that an initial bulk green bin delivery and service occur to the clustered properties shown on Appendix 2 on Range Road South, Houghton and North East Road, Inglewood. For ease of reference, these properties are encircled by a green line in Appendix 2. Properties directly on route where collection is actively occurring may apply for a service as per the service policy and will be assessed on the basis of the collection zone/route. The initial roll out of bins will likely include approximately 70 bins at a one off cost of up to $5,000 and the initial service provision will potentially cost approximately $13,000.
Over time however there are approximately 180 services that could be included within this proposed service area into the future. East Waste has advised that the cost of this ‘maximum’ service provision may be in the order of approximately $24,000 annually, plus bin delivery.
The provision of the green organics service in the manner set out above aims to ensure Council is providing an adequate and equitable service level, while maintaining a considered and well managed service.
As outlined in the section relating to Commercial Green Bin Services, this report is recommending to release the draft Waste and Resource Recovery Service Policy for consultation. Accordingly, the proposed introduction of a kerbside green bin service to Houghton and Inglewood is only a proposal at this point for Council Member information. This approach will allow any feedback received through the proposed consultation process in regards to the green bin service to be considered and recommended to Council in a further and final report.
Green Organics Service Areas and Application Process
The proposed policy does not contain any significant changes to the green bin service areas (other than those discussed above for Inglewood and Houghton) and maintains that properties on route can apply for a green bin service. From the commencement of the proposed Waste and Resource Recovery Service Policy applications will only be approved if the truck is actively collecting and there is minimal extension to the route or other material flow on effects.
Page 7 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Waste and Resource Recovery Service Policy
Not For Profit Community/Opportunity Shop Vouchers
The policy maintains the service provision of free tip passes for not for profit community/opportunity shops. Where not for profit community/opportunity shops are being provided an alternative service, such as additional collections, the administration will advise those facilities of the policy parameters and the provisions they are entitled to. It is anticipated that all not for profit community/opportunity shops will have access to the same service provision, being one set of kerbside bins collected weekly/fortnightly and up to 12 tip passes per annum. Additional bins can be requested if required at the set fee of $60 per annum.
While we see the benefit in applying this more consistent approach, we also recognise that different not for profit community /opportunity shops generate different levels of waste volume. To this end, we are suggesting that staff be able to exercise discretion when applying the conditions for these sites.
In special circumstances, based on a demonstrated need, the Chief Executive Officer has the capacity to make decisions outside the scope of the policy. Therefore the Chief Executive Officer has the ability to consider alternative service provisions after an assessment is completed, if there is a demonstrated need.
Subject to Council adopting the recommendations of this report the Waste and Resource Recovery Service Policy will be released for consultation in early February 2018 to avoid the Christmas and New Year holiday period. Following the proposed consultation, feedback will be considered and where appropriate changes made to a final policy to be presented to Council for consideration and adoption.
4. OPTIONS
Council has the following options:
I. Adopt the recommendations within this report to release the proposed draft Waste and Resource Recovery Service Policy as presented within Appendix 1 for public consultation. This option is recommended as it will allow for community feedback to be considered and, where appropriate, incorporated into a final draft policy for Council consideration.
II. Adopt the recommendations within this report and the Waste and Resource Recovery Service Policy as presented within Appendix 1, with any amendments made by Council. This is an option for Council, however any changes should be considered in the context of any wider implications.
Should Council identify the need for substantial amendments to the proposed policy, it is recommended that they be referred to staff for review to allow for analysis of the implications of the amendments, prior to the matter being brought back to Council for further consideration.
III. Resolve that the recommendations and/or attached draft Waste and Resource Recovery Service Policy as presented within Appendix 1 not be adopted. This option is not recommended as the items presented have been recommended in the interest of providing community services and progressing to improving waste and resource service provisions with an aim to reduce waste to landfill.
Page 8 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Waste and Resource Recovery Service Policy
5. APPENDICES
(1) Draft Waste and Resource Recovery Service Policy (2) Proposed Green Bin Service Area Inglewood and Houghton
Page 9
Appendix 1 Draft Waste and Resource Recovery Service Policy
DRAFT COUNCIL POLICY FOR CONSULTATION
WASTE & RESOURCE RECOVERY SERVICE POLICY
Policy Number: The Governance team will allocate the policy number.
Responsible Department(s): Waste Health & Regulatory Services
Other Relevant Policies: Nil.
Relevant Procedure(s): Nil.
Environment Protection Act 1993 Environment Protection Regulations 2009 Relevant Legislation: Environment Protection (Waste to Resources) Policy 2010
Kerbside Green Organics Service Implementation. Policies and Procedures Superseded Policy number: ENV-02 by this policy on its Adoption: Community Groups Access to Waste Disposal Sites. Policy number: COM-03 Environment Protection (Waste Resources) Policy 2010
Adoption Authority: Council
Date of Adoption: TBA
Effective From: TBA
Minute Reference for Adoption: TBA
Next Review:
Waste & Resource Recovery Service Policy
1. INTRODUCTION
The Adelaide Hills Council provides numerous waste and recycling services to the community. These services aim to reduce the volume of material consigned to landfill by maximising recycling and reuse. The Waste and Resource Recovery Service Policy will assist to meet this aim and also provides for the provision of cost effective, sustainable and efficient waste management services for the community.
2. OBJECTIVES
The objective of the Waste and Resource Recovery Service Policy is to define Council’s level of service provision and entitlements for waste and recycling services including:
Kerbside waste, recycling and green organics Street litter bin Community groups Event waste collection services
The Waste and Resource Recovery Service Policy outlines the requirements for both Council and the community in providing these services. The kerbside service defined within this policy applies to each occupied rateable assessment within the Adelaide Hills Council area, excluding properties that have been assessed as vacant land.
This policy relates to domestic waste and recycling, event waste, community groups, sporting facilities, street litter waste bins and not for profit community/opportunity shops. The Policy does not include waste management services provided through the Heathfield resource Recovery Centre and the free green organic days provided by Council.
3. DEFINITIONS
For the purposes of this policy:
MGB is a Mobile Garbage Bin, either 140L or 240L.
Religious / Public Worship Site is land containing a church or other building used for public worship (and any grounds), or land solely used for religious purposes.
* ‘solely’ means the religious purpose must be the only and exclusive use.
Council is the Adelaide Hills Council.
Council owned is properties owned by Adelaide Hills Council.
Resident is a ratepayer within the Adelaide Hills Council.
Property or Properties is occupied residential, commercial, industrial, primary production (must have occupied residence), or other property (other property includes Churches, Schools, Kindergartens, Sporting clubs and Local Government).
Waste & Resource Recovery Service Policy Page 3
Occupied/residential is any property that has a home that is not vacant.
Kerbside waste/recycling collection is a bin presented on the verge for collection of waste by Council’s waste management contractors.
Kitchen Caddy is a small container for collection of green organics material.
Designated collection area is the area defined by Council for green organics collection.
Community shop is a retail facility e.g. ‘not for profit/opportunity shop’ or similar, operated by a community group to raise funds for the betterment of the Adelaide Hills Council community.
Community group means a not-for-profit community based organisation with objectives relating primarily to the social, economic, environmental and cultural needs of the Adelaide Hills community.
4. POLICY STATEMENT
4.1 KERBSIDE WASTE & RECYCLING COLLECTION SERVICE
Each property is entitled to:
One weekly 140L blue lidded MGB kerbside waste collection. One fortnightly 240L yellow lidded MGB kerbside recycling collection.
Council is required under the Environment Protection (Waste Resources) Policy 2010 to provide a weekly general waste collection service to residential properties.
Bins will be collected from the kerbside verge area unless specified by Council.
In addition to the above, each occupied property within the designated green organics service collection area is entitled to the above-mentioned service plus one fortnightly 240L lime green lidded MGB kerbside green organics collection. A property may request a green organics service using the green organics request form, which will only be approved if they are on route and the truck is collecting from the street and neighbouring properties. Green bins will not be approved or provided where it is deemed by Council administration that an extension of service area is required.
4.2 COMMERCIAL AND INDUSTRIAL PROPERTY KERBSIDE WASTE & RECYCLING COLLECTION SERVICE
Each commercial, industrial and primary production property is entitled to:
One weekly 140L blue lidded MGB kerbside waste collection One fortnightly 240L yellow lidded MGB kerbside recycling collection
It is not Council’s responsibility to collect waste generated by the activities of industrial or commercial businesses. Kerbside services are provided within this policy to encourage correct disposal and recycling of domestic quantities of waste and recycling material.
Where it is deemed that a kerbside service is not practical or reasonable, an alternative service provision may be considered in consultation with affected properties.
Waste & Resource Recovery Service Policy Page 4
Commercial or industrial businesses may access the fortnightly 240L MGB lime green lidded organics service for a fee as outlined in Councils Fees and Charges register if they are within the designated collection service area. The service will only be provided upon written request and subject to demonstrated need using the request form.
Where Council deems that a kerbside or alternative service is not appropriate, commercial or industrial properties will be required to provide their own waste and recycling collection and disposal method.
4.3 COUNCIL OWNED PROPERTY KERBSIDE WASTE & RECYCLING COLLECTION SERVICE (Excluding ovals and sporting facilities)
Unless otherwise specified in a lease, licence, management agreement or any other agreement with Council, Council owned properties are entitled to:
One weekly 140L blue lidded MGB kerbside waste collection One fortnightly 240L MGB yellow lidded kerbside recycling collection
In addition to the above, each Council owned property within the designated service collection area may access one fortnightly 240L lime green lidded MGB kerbside green organics collection service. This service will only be provided upon written request, using the request form, and is subject to demonstrated need.
4.4 SPORTS FACILITIES WASTE & RECYCLING COLLECTION SERVICE
MGB’s at sporting facilities are of various sizes and lid colours. They are positioned around the sporting areas in a variety of ways e.g. on stands, stand alone, in sheds etc. Progressively, they will be replaced with 140L red lidded MGB’s on lockable stands or locked with a cable and locks. This policy intends to bring the number of bins at sporting facilities into line with provisions of this policy progressively over time.
Each oval is entitled to the following, subject to resources:
Up to 10, 140L red lidded MGB’s to be located around the oval perimeter attached to security poles or secured with a cable and locks Additional MGB’s may be applied for in writing for special occasions such as sporting finals Collection of additional red and orange lidded MGB’s will be on the first business day after the special occasion, from a prior agreed designated area
Each oval clubroom is entitled to:
Five weekly 140L blue lidded MGB’s kerbside waste collections. Bins must be presented at the kerbside for collection Five fortnightly 240L yellow lidded MGB’s kerbside recycling collections. Bins must be presented at the kerbside for collection Additional blue lidded waste and yellow lidded recycling MGB’s may be applied for. An annual service fee, per bin, will apply as per Council’s Register of Fees and Charges
Other sporting facilities:
Waste & Resource Recovery Service Policy Page 5
Assessment of the waste requirements to be made for each individual facility Recycling of waste encouraged at all times Requests for additional services must be made in writing using the request form
4.5 SCHOOLS/KINDERGARTENS AND CHILD CARE FACILITIES KERBSIDE WASTE & RECYCLING COLLECTION SERVICE
Each school/kindergarten and child care facility is entitled to:
One weekly 140L blue lidded MGB kerbside waste collection One fortnightly 240L yellow lidded MGB recycling collection One fortnightly 240L lime green lidded MGB green organics collection, upon request if within the designated green organics collection area Requests for additional services must be made in writing using the request form. An annual service fee, per bin, will apply as per Council’s Register of Fees and Charges
4.6 RELIGIOUS / PUBLIC WORSHIP SITE KERBSIDE WASTE & RECYCLING COLLECTION SERVICE
Each Religious / Public Worship Site is entitled to:
One weekly 140L blue lidded MGB kerbside waste collection One fortnightly 240L yellow lidded MGB kerbside recycling collection One fortnightly 240L lime green lidded MGB green organics collection, upon request, if within the designated green organics collection area Requests for additional services must be made in writing using the request form. An annual service fee, per bin, will apply as per Council’s Register of Fees and Charges
4.7 EVENT WASTE AND RECYCLING COLLECTION SERVICE
Requests for event bins are to be made in writing using the Event Application form. The Adelaide Hills Council Event Coordinator, in consultation with Waste Management Coordinator, will assess the application and inform the applicant of the outcome.
4.8 BIN PROVISION INCLUDING NEW AND ADDITIONAL SERVICES
All MGB’s are the property of Adelaide Hills Council and shall remain with the premises at which the bin(s) is issued should a change of occupancy or ownership occur.
Additional service:
Where a service already exists a resident may receive additional bins. Additional bins must be applied for using the request form. An annual service fee, per bin, will apply as per Council’s Register of Fees and Charges Additional waste, recycling and green organics MGB’s will only be issued if the owner/agent of the property applies for the service using the request form
Cancelling an additional service:
Requests for the cancellation of an additional MGB must be completed in writing Waste & Resource Recovery Service Policy Page 6
The MGB must be presented on the verge area, empty of waste, for Council to collect
New service:
Residents may apply for a new waste, recycling or green organics service using the request form MGB’s will only be provided to new homes or businesses two weeks prior to occupancy Approval for a green organics service will be dependent on the designated collection area
4.9 GREEN ORGANIC DISPOSAL VOUCHERS
Occupied residential properties that are not eligible to receive a fortnightly 240L lime green lidded MGB organics service will be provided with up to two disposal vouchers per financial year upon request.
Each voucher entitles the resident to take one caged 7x5 trailer load of domestic green organics to the Heathfield Resource Recovery Centre free of charge. Loads larger than this will incur additional fees, to be paid by the voucher holder. Vouchers may be requested through Council’s Customer Relationship Management System, by mail, or verbally.
Based on application commercial or industrial businesses outside of the green organics collection area may be entitled to green organics vouchers. The vouchers will be only provided where it is demonstrated that a domestic need for green organic disposal is shown. Commercial operations providing green organic services will not be eligible for vouchers.
4.10 NOT FOR PROFIT COMMUNITY / OPPORTUNITY SHOP VOUCHERS
Upon written request, a maximum of twelve (12) waste disposal vouchers may be provided per financial year.
Vouchers will be issued if the following criteria are met:
Waste disposal arises out of operating a Community Shop and the group is a not- for-profit entity which provides some service or benefit to the Adelaide Hills Council community Loads must be equivalent to or less than a 7x5 caged trailer of hard waste. Loads above this size will incur additional fees Vouchers will only be redeemable at the Heathfield Resource Recovery Centre
4.11 KITCHEN CADDIES
Residents who currently have access to a lime green lidded MGB organics service may access one kitchen caddy starter kit per property free of charge. Kitchen caddy starter kits can be collected from Council’s Service Centres. Additional compostable bags or replacement caddies may be purchased at Council’s Service Centres as per Council’s Register of Fees and Charges.
Waste & Resource Recovery Service Policy Page 7
Properties that do not have access to a lime green lidded MGB organics service may obtain a kitchen caddy starter kit for free for use with home composting.
4.12 TOW BALL HITCHES
Tow ball hitches assist residents to tow bins to the verge area. They are available at all Council Service Centres for a fee as per Council’s Register of Fees and Charges.
4.13 STREET LITTER AND BUS STOP BINS
Before a street litter or bus stop bin will be installed, an evaluation will be undertaken considering the following criteria:
Number of installed street litter bins currently in the area Distance to other street litter bins Visible litter in the area over a period of time General location in relation to businesses and high foot traffic areas Number of requests for the bin Consideration of installation and ongoing costs
If it is determined the need for a bin is not sufficient, the area will be monitored monthly for four to six months to determine the amount of waste build up, if any.
At Council’s discretion, street litter or bus stop bins may be removed.
4.14 BIN REPLACEMENT – LOST, STOLEN OR DAMAGED BINS
Council will be responsible for repair and maintenance of MGB’s (e.g. replacement of wheels and lids).
Damaged bins:
Damaged MGB’s will be repaired and/or replaced by Council at no cost to the ratepayer, unless it is deemed by Council to be deliberate damage or misuse. A fee for each bin will then apply, as per Council’s Register of Fees and Charges Damaged MGB’s must be left on the verge area for repairs where normal waste collection occurs Where a bin is unsuitable for repairs and must be replaced, the damaged bin must be presented on the verge, empty of waste, for the contractor to collect
Stolen bins:
Stolen MGB’s will be replaced by Council at no charge to the resident Requests for replacement of stolen MGB’s must be in writing using Council’s request form. At Council’s discretion satisfactory evidence of bin theft may be requested
5. FEES AND CHARGES
Where relevant, fees for services described by the Waste and Resource Recovery Service Policy will be determined by Council and declared in Council’s Register of Fees and Charges annually. Waste & Resource Recovery Service Policy Page 8
6. SERVICE REQUIREMENTS
Those receiving a kerbside waste, recycling or green organics collection service from Council will be responsible for the following:
Placement of the MGB on the kerbside the night before the bin is scheduled to be collected or by 6am on the day of collection with the lid opening facing towards the street Placement of the MGB where the contractor’s collection vehicle can gain access to it Ensuring a clearance of at least 50cm around each MGB, one metre between MGB’s and parked cars, trees, stobie poles, letter boxes or other obstacles to the collection vehicle Pedestrian access must be maintained at all times Ensure MGB lids are fully closed Placement of correct material in each MGB Total weight of the MGB does not exceed 50kg Removing the MGB from the kerbside within 24 hours of it being emptied Storing the MGB in a safe location on the property to which they are distributed Maintaining the MGB in a clean condition so as not to impact on public health or amenity All MGB’s are owned by Adelaide Hills Council and must remain at the property
Where the collection vehicle is unable to access a MGB from a verge area, a suitable collection point will be organised at the discretion of Council and contractors. Unless otherwise specified in an agreement between the parties, MGB’s will not be collected from within private property.
Bins will not be collected from other than a kerbside location unless prior arrangements have been made, including a signed agreement, indemnifying Council and the collection contractor against any claims for damages from the property owner or occupier.
7. REFUSAL OF SERVICE
Collection of a MGB may be refused to properties that:
Fail to use the approved waste collection container, the MGB must have the Adelaide Hills Council logo hot stamp Are late in placing their MGB out for collection Place prohibited waste out for collection Place an MGB out that weighs more than 50kg Overfill an MGB so that the lid does not close Place an MGB in a location that cannot be reached by the collection vehicle Place an MGB incorrectly with handles towards the road Fail to use an MGB correctly, leading to contamination of recyclables or organics Present additional bins over and above the levels stipulated in this policy
If the contents of an MGB are not emptied for any of the reasons listed within this section, a notice may be placed on the affected bin indicating the reasons for refusal. Disposal of the waste will then be the responsibility of the resident.
Waste & Resource Recovery Service Policy Page 9
Council reserves the right to cease a collection service when there is repeated misuse of an MGB, including continually leaving an MGB on the kerbside after collection (excluding MGB bin banks), unnecessarily interfering with other MGB’s presented for collection or continually placing an MGB so they are inaccessible to the contractor’s collection vehicles or contamination of recyclables.
In regards to any property, Council may deem that additional kerbside services are not appropriate, and properties/facilities would need to arrange their own commercial or alternative services.
Council reserves the right to refuse service where it is impractical to collect, store or present bins or where, as part of planning approval conditions, responsibility for waste management is passed to the owner/occupier.
8. DELEGATION
The Chief Executive Officer has the delegation to:
Approve, amend and review any procedures that shall be consistent with this Policy; and Make any formatting, nomenclature or other minor changes to the Policy during the period of its currency.
9. AVAILABILITY OF THE POLICY
This Policy will be available for inspection at the Council’s Offices during ordinary business hours and via the Council’s website www.ahc.sa.gov.au. Copies will also be provided to the public upon request, and upon payment of a fee in accordance with the Council’s Schedule of Fees and Charges.
Appendix 2 Proposed Green Bin Service Area Inglewood and Houghton
Potential future services Initial bin delivery area - other properties will Approx 180 properties be considered on application based on route
Tea Tree Gully Council (green bin sevice available)
Potential future services
Added on application since roll out Current Collection area
Potential future services catchment to be nalised based on truck route ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING Tuesday 12 December 2017 AGENDA BUSINESS ITEM
Item: 12.3
Originating Officer: Lachlan Miller, Executive Manager Governance & Performance
Responsible Director: Terry Crackett, Director Corporate Services
Subject: Elector Representation Review Certification
For: Decision
SUMMARY
An Elector Representation Review (ERR) is held to examine fundamental aspects of a Council’s composition and ward structure. It is a formal process that is closely regulated under the Local Government Act 1999 (the Act) and is required to be conducted at least every eight years or as required by regulation.
At its 24 October 2017 meeting, Council received the Submission Report from the September – October 2017 Representation Review Report public consultation. In consideration of the Submissions Report and the requirements of s12 of the Local Government Act 1999 (the Act), Council resolved its final representation proposal, the reasons for this proposal and authorised the Chief Executive to forward the necessary document to the Electoral Commissioner.
The Final Representation Review Report was lodged with the Electoral Commission on 10 November and the Electoral Commissioner has now advised that he has certified the review has been conducted appropriately and has complied with the requirements of the Act.
Following certification of the Review Report, the next and essentially final stage of the ERR process is the gazettal of the proposal. The gazettal is scheduled for 12 December 2017.
The purpose of this report is to provide Council with the status of the ERR process and, subject to the gazettal being published, to recognise the completion of the current ERR.
RECOMMENDATION
Council resolves:
1. That the report be received and noted.
2. To recognise that the Adelaide Hills Council’s Elector Representation Review process has been completed.
Page 1 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Elector Representation Review Certification
1. GOVERNANCE
Strategic Management Plan/Council Policy
Goal Organisational Sustainability Strategy Governance
The representation arrangements for the elected Council are an important element of Council’s commitment to open and transparent decision making which facilitates public accountability.
Legal Implications
Legislative requirements regarding an Elector Representation Review are laid out in Division 2 Powers of councils and representation reviews, section 12 of the Local Government Act 1999 (the Act) and the Local Government (General) Regulations 1999.
Risk Management Implications
Undertaking the Elector Representation Review in accordance with the requirements of legislation and engaging in genuine consultation will assist in mitigating the risk of:
Poor governance practices occur which lead to a loss of stakeholder (i.e. customer and regulator) confidence and/or legislative breaches.
Inherent Risk Residual Risk Target Risk Extreme (5C) Medium (3D) Medium (3D)
Note that there are many other controls that are in place to mitigate this risk.
Financial and Resource Implications
Funding for the engagement of the consultant and other review costs for the 2017/18 year are currently covered by the Chief Executive Officer’s provision. Costs associated with the 2016/17 year were specifically budgeted within the Governance & Performance portfolio.
In relation to staffing resources, acknowledging that staff members from various levels across the organisation have been involved in elements of the Review project, the project to date has consumed the estimated equivalent of 0.2FTE at Executive Manager level for the project duration.
Customer Service and Community/Cultural Implications
Through the ERR process, Council was required to consider whether the Adelaide Hills community may benefit from an alteration to its composition and or ward structure.
Environmental Implications
Not applicable.
Page 2 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Elector Representation Review Certification
Engagement/Consultation with Committee, Regional Subsidiary, Advisory Group and Community
Council Committees: Not Applicable
Council Workshops: There have been a number of workshop held with Council Members over the course of the Representation Review (April 2016 – November 2017).
Advisory Groups: Not Applicable
Administration: Considerable consultation with the Executive Leadership Team, Governance & Performance Department, Communications & Events Team and Community Engagement Team.
Community: The provision of information to the community and community consultation are key components of an Elector Representation Review. Two distinct public consultation phases are legislated, with a minimum of one six (6) week period which allows interested persons to make written submissions to Council on the Representation Options Paper and, the current matter, a minimum three (3) week consultation period enabling interested persons to make written submissions on the Representation Review Report.
The Representation Options Paper consultation occurred from 30 May to 14 July 2017 inclusive (i.e. >6 weeks) and the Representation Review Report consultation from 12 September to 6 October 2017 inclusive (i.e. >3 weeks).
2. BACKGROUND
Chronology Overview
A fulsome summary of the history of the Council’s current Representation Review process up to May 2017 can be found in Item 14.4 Elector Representation Review – Status and Options Paper in the 23 May 2017 Ordinary Council Meeting agenda.
The interim period (i.e. May to October 2017) can be found in Item 12.4 Elector Representation Review – Submissions Report and Determination in the 24 October 2017 Ordinary Council Meeting agenda.
On 24 October 2017, in consideration of the above report, Council resolved:
Page 3 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Elector Representation Review Certification
Page 4 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Elector Representation Review Certification
In accordance with Resolution 5 above, the Representation Review Report was finalised and lodged with the Electoral Commission on 10 November 2017.
On 30 November 2017, the Electoral Commissioner wrote to the Chief Executive (Appendix 1) advising that his letter ‘..serves as the certificate that the review has been conducted appropriately and has complied with the requirements of the Act.’
Further, the Commissioner has advised that the revised representation arrangements take effect from the day of the first periodic election held after the publication of the notice in the South Australian Government Gazette and has set out the requirements of the gazettal notice.
3. ANALYSIS
The draft gazettal notice was prepared by the Council’s ERR consultant, Craig Rowe, and was provided to the Electoral Commission for review, as requested in the Commissioner’s letter.
The notice has been placed for the 12 December 2017 edition of the Governement Gazette and, by the time this item is considered in the Council meeting of the same date, this final requirement of the ERR process will have been satisfied.
In the New Year, Council will receive a report on the preparations for the 2018 Local Government Elections which will include proposals for the communication of the new ward boundaries.
4. OPTIONS
Council has the following options:
1. To recognise that the current ERR process has been completed with the gazettal of the certified representation arrangements (Recommended) 2. To determine not to formally recognise the ERR completion.
5. APPENDIX
(1) Representation Review – Electoral Commissioner – 30 November 2017
Page 5
Appendix 1 Representation Review – Electoral Commissioner – 30 November 2017
In reply please quote:405-12/2014 ECS.Electoral Commission SA
Electoral Commission of South Australia 30 November 2017 Level 6 / 60 Light Square Adelaide SA 5000 GPO Box 646 Adelaide SA 5001 P08 7424 7400 F08 7424 7444
Mr Andrew Aitken www.ecsa.sa.gov.au Chief Executive Officer SCANNED Adelaide Hills Council PO Box 44 5 DEC 2g17 WOODSIDE SA 5108 ADELAIDE. HILLS Cot iNch RECEIVED n 5 DEC 2017 Dear Mr Aitken
Re: Representation Review
I have considered the representation review the Adelaide Hills Council has submitted for ' - certification.
I have assessed Council's report and advise that this letter serves as the certificate that the review has been conducted appropriately and has complied with the requirements of the Local Government Act 1999 (the Act).
Section 12 of the Act provides for the revised representation arrangements for the Adelaide Hills Council to take effect from the day of the first periodic election held after the publication of the notice in the South Australian Government Gazette.
It is the responsibility of the Council to prepare detailed ward boundary maps prescribing the alterations for inclusion in the technical description which must be gazetted as part of the review process.
A full page of the Government Gazette should be allocated to each ward boundary change to ensure the boundary alterations are readable. Outer ward boundary descriptors are required for each ward with boundary changes.
Council must arrange for the notice to appear in the Government Gazette on or before Tuesday 12 December 2017 to show Council has reviewed their structure and composition and advise the outcome of the review.
Please note the proposed wards must be gazetted in the following order:
Ward 1 Ranges Ward Ward 2 Valleys Ward Please forward a copy of the notice to this office prior to placing the advertisement in the Government Gazette.
Yours sincerely
Mick Se fry ELEgrORAL COMMISSIONER ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING Tuesday 12 December 2017 AGENDA BUSINESS ITEM
Item: 12.4
Originating Officer: Lachlan Miller, Executive Manager Governance & Performance
Responsible Director: Terry Crackett, Director Corporate Services
Subject: Determination of Time and Place of Council Meetings, Workshop Sessions, Professional Development Sessions and Community Forums in 2018
For: Decision
SUMMARY
One of the fundamental principles of council is to provide open, responsive and accountable government. An important mechanism to facilitate this principle is that, whenever possible, council and committee meetings should be open to the public and documents made available.
The setting and publication of the meeting times and locations of Ordinary Council (Council) and Committee meetings is required to enable public notices to be given under the Local Government Act 1999.
Council’s Informal Council and Council Committee Gatherings and Discussions Policy provides that Council sets the schedule of specific informal gatherings, that is workshops and professional development sessions.
This report also proposes dates for three Community Forums (which are also a form of informal gathering) to be held prior to September in 2018, to avoid the ‘election period’ for the 2018 Local Government Election during which Council will be in ‘caretaker mode’.
The purpose of this report is to seek Council’s resolution regarding the meeting schedule timings and locations for the Council, Informal Workshop sessions, Professional Development sessions and Community Forums for the 2018 calendar year.
Adelaide Hills Council Meeting Tuesday 12 December 2017 Determination of Time and Place of Council Meetings, Workshop Sessions, Professional Development Sessions and Community Forums in 2018
RECOMMENDATION
Council resolves that:
1. The report be received and noted.
2. The Ordinary Council meeting schedule, commencing at 6.00pm, to be held at 63 Mt Barker Road, Stirling be adopted, as follows:
Meeting Date Tuesday, 23 January 2018 Tuesday, 27 February 2018 Tuesday, 27 March 2018 Tuesday, 24 April 2018 Tuesday, 22 May 2018 Tuesday, 26 June 2018 Tuesday, 24 July 2018 Tuesday, 28 August 2018 Tuesday, 25 September 2018 Tuesday, 23 October 2018
3. Note that Special Council meeting times and venues are determined by the Chief Executive Officer.
4. That regarding Workshop Sessions and Professional Development Sessions:
a. Workshop Sessions be scheduled ordinarily at 6.00pm on the 1st Tuesday of each month, to be held at 36 Nairne Road, Woodside. b. Professional Development Sessions be scheduled ordinarily at 6.00pm on the 3rd Tuesday of each month, to be held at 63 Mt Barker Road, Stirling. c. The Chief Executive Officer be delegated to make changes to the informal gathering schedule and locations.
5. That regarding Community Forums:
a. Community Forums to be held in 2018 in accordance with the following indicative schedule: i. Tuesday, 13 March 2018 – Kersbrook ii. Tuesday, 8 May 2018 – Bradbury/Longwood iii. Tuesday, 14 August 2018 - Montacute b. The Chief Executive Officer be delegated to make changes to the Community Forum schedule and locations.
Adelaide Hills Council Meeting Tuesday 12 December 2017 Determination of Time and Place of Council Meetings, Workshop Sessions, Professional Development Sessions and Community Forums in 2018
1. GOVERNANCE
Strategic Management Plan/Council Policy
Goal Organisational Sustainability Strategy Governance
Determining, and publicising, the schedule of council/committee and informal gathering sessions is an important element of Council’s commitment to open and transparent decision making which facilitates public accountability.
Council’s Informal Council and Council Committee Gatherings and Discussions Policy (the Policy) requires Council to set the schedule for Workshop and Professional Development Sessions and Community Forums.
Council's three s41 Council Committees have, via their Council-approved Terms of reference, been delegated the power to set their own meeting schedules.
Similarly, the Council Assessment Panel (CAP), through its Operating and Meeting Procedures, has been delegated to set its own meeting schedule.
Council's Caretaker Policy places restrictions on the nature of decisions and activities that can occur during the ‘election period’ being the period from the close of nominations until the conclusion of the election.
Legal Implications
In relation to council meetings, section 81 of the Local Government Act 1999 (the Act) provides that:
the ordinary meetings of a council will be held at times and places appointed by a resolution of the council. there must be at least one ordinary meeting in each month. if a time and place has not been appointed for the ordinary meeting, the chief executive must appoint the time and date. ordinary meetings may not be held on Sundays or on public holidays.
In relation to informal gatherings, Regulation 8AB(2) of the Local Government (General) Regulations 2013 (the Regulations) defines a ‘designated informal gathering or discussion’ to mean an event organised and conducted by or on behalf of the council or chief executive officer to which members of the council or council committee (as the case may be) have been invited and that involves discussion of a matter that is, or is intended to be, part of the agenda for a formal meeting of the council or council committee.
On the basis of the above definition and as encapsulated in the Policy, workshops and Community Forums are likely to be ‘designated informal gatherings or discussions’ while professional development sessions generally are not.
Section 91A of the Local Government (Elections) Act 1999 prohibits the making of designated decisions during the election period. These types of decisions include, under s91A(8)(d), allowing the use of council resources for the advantage of a particular candidate Adelaide Hills Council Meeting Tuesday 12 December 2017 Determination of Time and Place of Council Meetings, Workshop Sessions, Professional Development Sessions and Community Forums in 2018
or group of candidates (other than a decision that allows the equal use of council resources by all candidates for election).
Risk Management Implications
The setting of a schedule for Ordinary Council Meetings, Workshops, Professional Development Sessions and Community Forums will assist in mitigating the risk of:
Poor governance practices occur which lead to a loss of stakeholder (i.e. customer and regulator) confidence and/or legislative breaches.
Inherent Risk Residual Risk Target Risk Extreme (5C) Medium (3D) Medium (3D)
Note that there are many other controls that assist in mitigating this risk.
Financial and Resource Implications
The resources involved in the notification for and conduct of Council, Workshops, Professional Development Sessions and Community Forums are provided for in the adopted annual budget.
Customer Service and Community/Cultural Implications
The timing and location of Council Meetings and informal gatherings should be considerate of the desire for community members to attend and participate in the meetings (where appropriate). A consistent scheduling approach, where possible, supports accessibility and, anecdotally, is a factor in the setting of other community meetings (where Council Members are to be attending).
Environmental Implications
Not applicable.
Engagement/Consultation conducted with Council Committee, Regional Subsidiary, Advisory Group, the Administration and Community
The setting of the timing and location of Council meetings, informal gatherings and Community Forums is the responsibility of Council and is not a matter stipulated for consultation, however, once determined this information is advertised in local media and on the Council’s social media channels to ensure community members are given opportunity to attend the meetings.
Council Committees: Not Applicable
Council Workshops: At the 15 November 2017 workshop, Council Members discussed the proposal contained in this report regarding Council, informal gatherings and Community Forum meetings and venues.
Advisory Groups: Not Applicable
Adelaide Hills Council Meeting Tuesday 12 December 2017 Determination of Time and Place of Council Meetings, Workshop Sessions, Professional Development Sessions and Community Forums in 2018
Administration: The Executive Leadership Team and the Governance Team were consulted on and supported the proposal contained in this report. Additionally, David Waters, Director Community & Customer Service was consulted on and supported the proposal regarding the scheduling of Community Forums
Community: Not Applicable
2. BACKGROUND
Council and Council Committee Meetings At its meeting on 7 December 2016, Council resolved to adopt the following schedule for 2017.
Adelaide Hills Council Meeting Tuesday 12 December 2017 Determination of Time and Place of Council Meetings, Workshop Sessions, Professional Development Sessions and Community Forums in 2018
During 2017 Council worked through the Review of Council Committees (s41), which was a 2016/17 Annual Business Plan Project, and considered proposals to change elements of the Council Committee structure and function and the Ordinary Council meeting procedure.
In consideration of these proposals, at its meeting on 22 August 2017, Council resolved the following:
The rationale for the revision of the Ordinary Council meeting commencement times from 6.30pm to 6.00pm was to accommodate the marginal increase in Council workload due to the revocation of the policy adoption delegations from the SPDPC arising from the Review of Council Committees without adversely impacting on the conclusion times.
Council’s Code of Practice for Meeting Procedures identifies that Council meetings are to conclude at or before 10.00pm unless the meeting formally resolves on each specific occasion to continue beyond that time.
Notwithstanding that the three Ordinary Council meetings since the change in meeting commencement (i.e. September, October and November) have had a large number of agenda items, Council has managed to appropriately deal with the business and close the meetings prior to 10.00pm.
That said, a Special Council meeting was held on 14 November 2017 to deal with a number of policy items to avoid overloading the October and November Ordinary meetings.
Adelaide Hills Council Meeting Tuesday 12 December 2017 Determination of Time and Place of Council Meetings, Workshop Sessions, Professional Development Sessions and Community Forums in 2018
Community Forums
The scheduling principle for Community Forums has been that they are held where possible on the 5th Tuesday of the month (for those months with five Tuesdays) and, where this is not possible, on another suitable Tuesday night.
At the 27 September 2016 meeting, Council resolved the schedule for the 2017 Community Forums as follows:
3. ANALYSIS
Meeting Timings
As identified above, the change to the 6.00pm commencement time was a recent resolution of Council however a number of Council Members have since advised that they have experienced difficulties in being ready to commence at this time, generally due to daytime work commitments.
While the reversion to the 6.30pm commencement is an option, when this matter was discussed at the Council workshop, some Members advised that they did not want finish times to push past 10.00pm. This situation occurred on four occasions in 2017 prior to the change in commencement times.
The Administration is not aware of any concern within the community of the 6.00pm commencement time.
Meeting Locations
With the 22 August 2017 resolution to change the Terms of Reference of the SPDPC and the predicted resultant reduction in meetings being held at Nairne Road, it was agreed that Council Workshops (1st week of the month) would be held at Nairne Road and that the first Adelaide Hills Council Meeting Tuesday 12 December 2017 Determination of Time and Place of Council Meetings, Workshop Sessions, Professional Development Sessions and Community Forums in 2018
ten (10) minutes of each workshop would be a public forum. Thus it would provide residents from the northern and western areas of the Council area a more geographically- convenient forum to speak to the Council Members (albeit outside a formally constituted Council meeting).
The location of the workshop at Woodside and the Professional Development session and Ordinary Council meetings at Stirling, while having some logistical implications for the Administration, appear to be well regarded by both Council Members and the community.
Once of the fundamental principles of the Community Forums is to hold these in various locations around the Council area and, where possible, to achieve a spread across the area in any one year. The venues proposed in the recommendation are ones that have not had a Community Forum in recent years and achieve a good geographic spread.
Meeting Schedule
The practice adopted for 2017 of alternating Tuesday and Wednesday nights for the formal meetings and informal gatherings respectively has, anecdotally, been problematic and confusing for Council Members, Officers and the community.
This has been exacerbated for the months which begin on a Wednesday and the schedule results in successive meetings (e.g. 28 Feb – Council & 1 Mar – Workshop and 14 Mar – SPDPC & 15 Mar – PD, 31 Oct – Community Forum & 1 Nov – Workshop). It has been observed that attendance by Council Members on the second night is generally lower than non-successive nights.
While there is potential for clashes with other meetings/events for whichever night is selected, Tuesdays are known to be Council meeting nights and some community groups deliberately schedule their meetings on other nights (if they wish for Council Members to attend).
On the basis of the above, it is proposed to change the formal meeting schedule by holding Council on the 4th Tuesday of each month and the Workshops and Professional Development sessions on the 1st and 3rd Tuesday of each month.
Further it is proposed to hold the Community Forums nominally quarterly on the 2nd Tuesday of the month rather than continuing with the 5th Tuesday principle. This schedule is proposed as the 2nd Tuesday will generally be free (unless that is a Special Council or SPDPC) and it will avoid the successive meeting problem highlighted above, which almost always occurs with the 5th Tuesday principle.
The key reasons for retaining the current schedule (i.e. Tuesdays for Council meetings and Wednesdays for Workshops and Professional Development) are:
to preserve the arrangements that Council Members and Officers have made to accommodate the current schedule to avoid confusing community members who are familiar with the current schedule and ward councillors’ availability, and to enable Council Members and Officers to attend community meetings and private engagements on some (2 out of 4) Tuesday nights and Wednesday nights.
Adelaide Hills Council Meeting Tuesday 12 December 2017 Determination of Time and Place of Council Meetings, Workshop Sessions, Professional Development Sessions and Community Forums in 2018
The key reasons for changing the schedule to Tuesday nights for all formal and informal meetings are:
to enable Council Members and Officers to attend regular community meetings and private engagements on Wednesday nights (which is a popular community meeting night) to avoid the confusion for Council Members, Officers and the community as to which meeting night is in which week to provide clarity within the community that one night (Tuesday) is designated for the various formal and informal council meetings and therefore Council Members will not be available for other meetings/events on that night, and to avoid situations in which a month begins on a Wednesday and the schedule results in successive meetings.
Impact of the 2018 Local Government Election
The 2018 Local Government Election (the Election) polling day is the 2nd Saturday in November 2018, on this basis Council cannot set any meeting dates beyond this date.
Therefore as per the proposed schedule in the recommendation, the last Ordinary meeting is proposed for 23 October 2018. That said, it is possible for a Special Council meeting to be called leading up to the Election, subject to provisions of the Local Government (Elections) Act 1999 and the Caretaker Policy.
The Community Forums proposed for 2018 conclude in August 2018. The rational for this is s91A(8)(d) - as discussed in Legal Implications as the Forums could be seen to provide an advantage of a particular candidate or group of candidates (being the incumbent Members).
4. OPTIONS
The Council has the following options in relation to the schedule, timing and locations of Council and informal gathering meetings:
1. To accept the recommendations contained in this report for Workshop, Professional Development and Ordinary Council meetings to be held on the 1st, 3rd and 4th Tuesday respectively and Community Forums to be the 2nd Tuesday quarterly as contained in the report (recommended); or
2. To resolve to retain the Ordinary Council Meeting on the 4th Tuesday and Workshop, Professional Development meetings on 1st and 3rd Wednesday respectively.
3. To determine an alternate meeting schedule.
5. APPENDIX
Nil
ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING Tuesday 12 December 2017 AGENDA BUSINESS ITEM
Item: 12.5
Originating Officer: Terry Crackett, Director Corporate Services
Responsible Director: Terry Crackett, Director Corporate Services
Subject: Council Member Conduct Complaint – Cr Herrmann
For: Decision
SUMMARY
The purpose of this report is to provide Council with the findings of a Council Member Conduct Policy complaint investigation regarding Cr Malcolm Herrmann.
A complaint regarding the conduct of Cr Herrmann was received in April 2017. The matter was referred to the Local Government Governance Panel (the Panel), in accordance with the Council Member Conduct Policy Complaint Handling Procedure (the Procedure). In consideration of the complaint, the Panel Manager determined that the matter be further investigated.
The investigation has now been completed and a Final Investigation Report is at Appendix 1. The Governance Panel Manager has determined that Cr Herrmann has acted in breach of clauses 2.6, 2.7 and 2.8 of the Code of Conduct for Council Members and clause AH8 of the Council Member Conduct Policy.
In accordance with the provisions of the Procedure, as a breach of the Code was found, this report sets out the details of the breach and seeks Council’s consideration of the action(s) to be taken regarding the breach.
RECOMMENDATION
Council resolves:
1. That the report be received and noted 2. To note that having investigated the alleged breach of the Council Member Conduct Policy (incorporating the Code of Conduct for Council Members), the Local Government Governance Panel finds that Cr Malcolm Herrmann has breached clauses 2.6, 2.7, and 2.8 of the Code of Conduct for Council Members and clause AH8 of the Council Member Conduct Policy. 3. To censure Cr Malcolm Herrmann for breaching clauses 2.6, 2.7, and 2.8 of the Code of Conduct for Council Members and clause AH8 of the Council Member Conduct Policy. 4. To request that Cr Malcolm Herrmann make a written and public apology for breaching clauses 2.6, 2.1, and 2.8 of the Code of Conduct for Council Members and clause AH8 of the Council Member Conduct Policy. 5. To consider reference of breaches of Part 3 of the Code of Conduct for Council Members to the Ombudsman for investigation under Section 263 of the Local Government Act 1999.
Page 1 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Council Member Conduct Complaint – Cr Herrmann
1. GOVERNANCE
Strategic Management Plan/Council Policy
Goal: Organisational Sustainability Strategy: Governance
A key element of the Governance Strategy within the Strategic Plan is that Council Members will ‘..diligently adhere to legislative requirements to ensure public accountability and exceed these requirements where possible.’
Legal Implications
On 29 August 2013, in accordance with Regulation 6A of the Local Government (General) Regulations 1999, the Minister for Local Government published the Code of Conduct (the Code) for Council Members. On 1 September 2013, the Code was made by Regulation.
The Code contains provisions for the handling of complaints under Part 2 and requires Council to adopt a process for the handling of alleged breaches under that Part.
The Council Member Conduct Policy (the Conduct Policy) was adopted on 25 November 2015 and is an amalgam on the mandatory Code prescribed by the Minister for Local Government and an additional agreed set of behavioural principles and standards to complement and confirm the requirements of the Code. The Policy also contains Council’s Code of Conduct Complaint Handling Procedure (the Procedure). The Policy can be accessed via Council’s website.
Section 63(2) of the Local Government Act 1999 (the Act) provides that members of councils must observe the Code. The AHC Behavioural Standards apply to members of Adelaide Hills Council in accordance with the requirement of clause 2.6 of the Code which requires Council Members to comply with all Council policies, codes and resolutions.
Risk Management Implications
Handling Code of Conduct complaints and investigations in accordance with the provisions of the Conduct Policy will assist in mitigating the risk of:
Poor governance practices occur which lead to a loss of stakeholder (i.e. customer and regulator) confidence and/or legislative breaches.
Inherent Risk Residual Risk Target Risk Extreme (5C) Medium (3D) Medium (3D)
Note that there are many other controls that assist in mitigating this risk.
Page 2 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Council Member Conduct Complaint – Cr Herrmann
Financial and Resource Implications
The costs associated with managing and investigating Conduct Policy complaints are accommodated in existing budgets and, where required, adjusted via budget reviews.
While a final costing has not been received, the fee estimate for the investigation was between $2,500 to $5,000, subject to the complexity of the investigation.
The management of Conduct Policy complaints does require the committal of resources within the Corporate Services Directorate.
Customer Service and Community/Cultural Implications
There is a high expectation that Council Members conduct themselves in an appropriate manner and in accordance with legislative obligations.
Further, the community expects Council to have appropriate corporate governance processes in place to manage conduct complaints.
Environmental Implications
Not applicable.
Engagement/Consultation with Committee, Regional Subsidiary, Advisory Group and Community
There is no requirement in legislation or the Council Member Conduct Policy requiring engagement/consultation beyond that necessary for the conduct of the investigation.
2. BACKGROUND
Code of Conduct Complaint Handling Procedure
Attachment C of the Conduct Policy sets out the Complaint Handling Procedure (the Procedure). The following summary of the Procedure is as it relates to the particulars of the complaint, which is the subject of this report.
Clause 4.8 of the Procedure provides that the Mayor (or Deputy as required), having regard to the seriousness of the allegation and information provided, may: • seek to resolve the matter internally • refer the complaint to the Local Government Governance Panel (the Panel) • dismiss the allegation.
Clause 4.11 requires that, upon being advised of the complaint, the Mayor must bring the fact of the complaint, but not the details of the allegations, to the attention of the Council at the next formal meeting of the Council.
Page 3 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Council Member Conduct Complaint – Cr Herrmann
Clause 6.3 states that where a complaint is referred to the Panel, the matter will be assessed initially by the Panel Manager who will determine the process to be followed and the person who will deal with the matter.
Clause 7.4 of the Procedure provides that if, following investigation by the Governance Panel, a breach of Part 2 is found, the breach must be the subject of a report to a public meeting of Council (clause 2.24 of the Code). The Council may, by resolution, take any of the following actions: Take no action; Pass a censure motion in respect of the Council Member; Request a public apology, whether written or verbal; Request the Council Member to attend training on the specific topic found to have been breached; Resolve to remove or suspend the Council Member from a position within the Council (not including the Member’s elected position on Council) Request the member to repay monies to the Council.
The Complaint
The complainant, in a letter dated 29 March 2017, alleged a breach of the Conduct Policy by Cr Malcolm Herrmann in respect of Part 2: Behavioural Code of the Conduct Policy, specifically clauses 2.6 and 2.8 (note: the clause is set out in Appendix 1).
The alleged breaches were as follows:
Section 2.6 – Noncompliance with the Records and Information Management Policy by using his private email account in correspondence with ratepayers concerning the matter of the elector representation review and the proposal to abolish Council Wards. Section 2.8 – Only providing information to ratepayers about the apparent disadvantages of abolishing wards and not including any balancing information regarding the apparent advantages of the proposal.
In consideration of clause 4.8 of the Procedure, the Acting Mayor determined to refer the complaint to the Governance Panel on 7 April 2017.
At the 26 April 2017 Ordinary Council meeting, the Acting Mayor advised the Chamber that:
“3 Code of Conduct complaints have been referred to the Local Government Governance Panel (LGGP). Two of the complaints are progressing to full investigation by the Panel and reports will come back to Council. One complaint will not be referred for further investigation.”
The Final Investigation Report (Appendix 1) sets out the balance of the investigation process. Of particular note is that the Panel Manager also included consideration as to whether any other clauses of the Code had potentially been breached and, to this end, gave consideration to the requirements of clause 2.7 and AH8 of the Conduct Policy.
Page 4 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Council Member Conduct Complaint – Cr Herrmann
3. ANALYSIS
Members will note that the complainant’s details have been redacted from the Final Investigation Report as the identity is irrelevant to the Council’s determination of the matter and publication of the same could act as a disincentive for the making of complaints.
Further Members will note that the Final Investigation Report is co-badged with LGA and EMA Legal logos. The latter is because EMA Legal has been engaged by the LGA to manage the Panel and, one of the firm’s partners, Kaye Smith, is the Panel Manager.
On the basis of the investigation conducted, the Panel Manager has determined that Cr Herrmann has acted in breach of clause 2.6, 2.7 and 2.8 of the Code of Conduct and AH8 of the Conduct Policy.
The Panel Manager has recommended that:
1. There be a finding of a breach of clauses 2.6, 2.7 and 2.8 of the Code and Behavioural Standard AH8 of the Council Member Code of Conduct Policy; 2. Council pass a censure motion in respect of Councillor Herrmann; 3. Council request a written and public apology from Councillor Herrmann; 4. Council consider reference of breaches of Part 3 of the Code to the Ombudsman for investigation under Section 263 of the Local Government Act 1999.
In accordance with clauses 2.25 and 7.4 (see Background section in this report), now that a breach is found, the Council must determine what action(s) the Council will take in relation to the breach.
4. OPTIONS
Council has the following options:
I. Determine the action(s) to be taken resulting from the breach in accordance with clause 2.25 of the Conduct Policy (Recommended) II. Determine that no action be taken resulting from the breach in accordance with clause 2.25 of the Conduct Policy
5. APPENDIX
(1) Final Investigation Report – Cr Malcolm Herrmann
Page 5
Appendix 1 Final Investigation Report – Cr Malcolm Herrmann
ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING Tuesday 12 December 2017 AGENDA BUSINESS ITEM
Item: 12.6
Originating Officer: Kylie Hopkins, Governance & Performance Project Officer
Responsible Director: Terry Crackett, Director Corporate Services
Subject: Register of Confidential Items
For: Decision
SUMMARY
Section 91 of the Local Government Act 1999 requires Council to review confidential orders at least once every year.
A review of the Register of Confidential Items has been undertaken and there are three items that require a new confidentiality order. Council must determine the period of confidentiality for these items.
RECOMMENDATION
That Council resolves:
1. That the report be received and noted.
2. Subject to the CEO, or his delegate, disclosing information or any document (in whole or in part) for the purpose of implementing Council’s decision(s) in this matter in the performance of the duties and responsibilities of office, Council resolves that an order be made under the provisions of sections 91(7) and (9) of the Local Government Act 1999 that the report, related attachments and the minutes of Council and the discussion and considerations of the subject matter be retained in confidence for a period as specified below:
SPDPC Meeting 22 April 2014 AHRWMA
Section 90(3)(b) Information the disclosure of which could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council; and would, on balance, be contrary to the public interest; and
Section 90(3)(d) – commercial information of a confidential nature (not being a trade secret) the disclosure of which could reasonably be expected to prejudice
Page 1 Adelaide Hills Council Meeting 12 December 2017 Register of Confidential Items
the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and would, on balance, be contrary to the public interest.
Remain confidential until legal proceedings and deliberations have concluded
3. Subject to the CEO, or his delegate, disclosing information or any document (in whole or in part) for the purpose of implementing Council’s decision(s) in this matter in the performance of the duties and responsibilities of office, Council resolves that an order be made under the provisions of sections 91(7) and (9) of the Local Government Act 1999 that the report, related attachments and the minutes of Council and the discussion and considerations of the subject matter be retained in confidence for a period as specified below:
Council Meeting 25 October 2016 CWMS Expression of Interest
Section 90(3)(d) – commercial information of a confidential nature (not being a trade secret) the disclosure of which could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and would, on balance, be contrary to the public interest.
Remain confidential until 26 September 2018.
4. Subject to the CEO, or his delegate, disclosing information or any document (in whole or in part) for the purpose of implementing Council’s decision(s) in this matter in the performance of the duties and responsibilities of office, Council resolves that an order be made under the provisions of sections 91(7) and (9) of the Local Government Act 1999 that the report, related attachments and the minutes of Council and the discussion and considerations of the subject matter be retained in confidence for a period as specified below:
Audit Committee Meeting 13 February 2017 ICT Security Risk Assessment Action Implementation Update
Section 90(3)(e) – matters affecting the security of the council, members or employees of the council, or council property, or the safety of any person;.
Remain confidential until 6 November 2018.
5. Pursuant to section 91(9)(c) of the Local Government Act 1999, Council delegates the power to revoke the above confidentiality orders either partially or in full to the Chief Executive Officer.
1. GOVERNANCE
Strategic Management Plan/Council Policy
Goal Organisational Sustainability
Page 2 Adelaide Hills Council Meeting 12 December 2017 Register of Confidential Items
Strategy Governance
The review of Council’s Confidential Items Register is an important element of Council’s commitment to open and transparent decision making which facilitates public accountability.
Legal Implications
Section 91(7) of the Local Government Act 1999 sets out the provisions regarding the making of orders to retain documents and discussions considered at Council and Council Committees in confidence.
Section 91(9) requires that these orders must specify the duration of the order or the circumstances in which the order will cease to apply or must be reviewed. Any order that operates for a period exceeding 12 months must be reviewed at least once in every year.
Risk Management Implications
Reviewing confidentiality orders assists with mitigating the risks of:
Confidential information is released which prejudices Council’s and/or third parties’ interests.
Inherent Risk Residual Risk Desired Risk Extreme (3A) Low (3E) Low (3E)
Information scheduled for release under a confidentiality order is not duly released resulting in a breach of legislation and depriving the community of public information.
Inherent Risk Residual Risk Desired Risk Extreme (3A) Low (3E) Low (3E)
Note: there are a number of other controls that assist with managing these risks.
Financial and Resource Implications
Not applicable
Customer Service and Community/Cultural Implications
Not applicable
Environmental Implications
Not applicable
Engagement/Consultation with Committee, Regional Subsidiary, Advisory Group and Community
Council Committees: Not Applicable
Page 3 Adelaide Hills Council Meeting 12 December 2017 Register of Confidential Items
Council Workshops: Not Applicable
Advisory Groups: Not Applicable
Administration: The following were consulted:
Terry Crackett, Director Corporate Services Marc Salver, Director Strategy & Development Peter Bice, Director Engineering & Assets Lachlan Miller, Executive Manager Governance & Performance Natalie Westover, Manager Property Services John McArthur, Manager Waste Health & Regulatory Services Ashley Curtis, Manager Civil Services Matt Strapps, Manager Information Services
Community: Not Applicable
2. BACKGROUND
The Register of Confidential Items is contained on Council’s website and is reviewed on a monthly basis. Items that have progressed to the specified point and are no longer of a confidential nature are released in accordance with the respective council resolution. Items that remain in confidence are displayed on the Register as shaded. There is one item from 2014 that has a confidentiality order applied. All remaining items are from 2016 and 2017.
3. ANALYSIS
The Register of Confidential Items (Appendix 1) has been reviewed and there are three items that require a new confidentiality order applied at this time. An extract of the register is attached (Appendix 2) which provides a summary of all existing confidential orders highlighting those orders that require new confidentiality provisions, as follows:
No. 240 – AHRWMA
As the legal proceedings are continuing and it is not certain as to when the judgement will be handed down, it is recommended that a new confidentiality order be applied for a further 12 months and that the item ‘Remain confidential until legal proceedings and deliberations have concluded’.
Page 4 Adelaide Hills Council Meeting 12 December 2017 Register of Confidential Items
No. 290 – CWMS Expression of Interest
The CWMS Expression of Interest process is still being progressed and it is therefore recommended that a new confidentiality order be applied to ‘Remain confidential until 26 September 2018’ to mirror the confidentiality provision applied to No. 311 from 26 September 2017, which is a report of the same nature.
No. 300 – ICT Security Risk Assessment Action Implementation Update
As the Audit contains information that is pertinent to Council ICT Security, it is recommended that a new confidentiality order be applied to ‘Remain confidential until 6 November 2018’ to mirror the confidentiality provision applied to No. 314 from 8 November 2017, which is a report of the same nature.
4. OPTIONS
1. To extend the period of confidentiality as per the recommendations 2. Determine an alternative period of confidentiality 3. Allow the confidentiality order to expire thus releasing the information
If the meeting wishes to discuss the status of any items in a manner that will result in the disclosure of information currently under a s91(7) confidentiality order, it should first consider making a s90 order to go into confidence.
5. APPENDICES
(1) Register of Confidential Items (2) Extract of Register of Confidential Items – Items requiring new Confidentiality Order
Page 5
Appendix 1 Register of Confidential Items
REGISTER OF CONFIDENTIAL ITEMS Council/ Responsible Original Resolution regarding No. Date Item No. Title LGA 1999 Section Release date New Confidentiality Recommendation or Date Released Next Review Date Committee Officer Period of Confidentiality 2014
Resolution passed 24 November 2015 to remain confidential until legal action has concluded but no longer than 30 June 2016. Resolution passed 28 June 2016 to remain confidential until legal 240 22/04/14 Council 18.2.1 Marc Salver AHRWMA 90(3)(b,d,i) 22/04/15 Until legal action concluded 13/12/17 action has concluded but no longer than 31 December 2016. Resolution passed 13 December 2016 to remain confidential until Legal Action has concluded.
2016 Resolution passed 13 December 2016 to remain confidential until Until ICT Security Risk Assessment recommendations have been ICT Security Risk Assessment recommendations have been 273 22/02/16 Audit Committee 7.2 James Sinden IT Security Audit 90(3)(e) addressed and no longer than 12 months addressed. Released 30 November 2017 Until negotiations for sale are completed but no longer than 12 274 23/02/16 Council 19.1 Terry Crackett Sale of Land for Non-Payment of Rates 90(2) 90(3)(i) Released 27 September 2016 months
275 22/03/16 Council 17.1.2 Marc Salver Question without notice (Stirling Hotel prosecution ) 90(2) 90(3)(b) Until litigation has been finalised, but no longer than 12 months Released 30 November 2016 Minute partially released (4f & 4k) and Appendix 4 fully released 4 July Until leases including first right of refusal to purchase are finalised, 276 22/03/16 Council 19.1 Terry Crackett AHBTC Divestment Strategy 90(2) 90(3)(b) 2016. but no longer than 12 months Fully released 4 August 2016 277 22/03/16 Council 19.2 Natalie Westover Land Acquisition Colonial Drive Norton Summit 90(2) 90(3)(b) Until negotiations have been finalised but no longer than 12 months Released 22/03/17
That the report, related attachments and the discussion and Minute released 12 April 2016 278 12/04/16 SPDPC 16.1 Lachlan Miller Proposal for a Privately Funded DPA 90(3)(d) (m) considerations of the subject matter be retained in confidence until Fully released (Documents, report, discussions & considerations) 26 31 March 2017 July 2016 The report and related attachments, and the discussion and Minute released 12 April 2016 considerations of the subject matter, be retained in confidence until 279 12/04/16 SPDPC 16.2 Marc Salver Gawler River Floodplain Mitigation Options 90(3)(b) (h) Fully released 12 April 2017 the Mitigation Options Report has been made public or not longer than 24 months. Until event agreements are signed and race routes announced by 278 24/05/16 Council 19.1 David Waters Event Opportunity 90(2) 90(3)(j) Released 27 September 2016 the Minister 279 24/05/16 Council 19.2 Terry Crackett Land at Houghton Request to Purchase 90(2) 90(3)(b) Until completion of negotiations regarding land Released 27 September 2016
280 26/07/16 Council 19.1 Terry Crackett Land at Houghton Request to Purchase 90(2) 90(3)(b) Until completion of negotiations regarding land Released 27 September 2016
281 26/07/16 Council 19.2 Marc Salver Primary Production Innovation Grants 2016 90(2) 90(3)(b) Until grant process is finalised but no longer than 6 months Released 27 September 2016
282 26/07/16 Council 19.3 Marc Salver Appointment of RLMAG Representative 90(2) 90(3)(a) Until appointment is donfirmed but not longer than 1 month Released 27 September 2016 CEO Performance 283 27/07/16 8.1 Megan Sutherland Appointment of Consultant to undertake CEO Performance Review 90(2) 90(3)(d) Until consultant appointed but not exceeding a period of 3 months Released 27 September 2016 Review Panel 284 15/08/16 Audit Committee 7.2.1 James Sinden ICT Security Assessment Action Implementation Update 90(3)(e) Until ICT Security Risk Assessment actions have been addressed Released 30 November 2017
285 23/08/16 Council 19.1 Peter Bice Supply & Placement of Bituminous Products 90(2) 90(3)(b) Until execution of contract Released 27 September 2016 CEO Performance 286 10/10/16 8.1.1 Megan Sutherland CEO Performance Review Report 90(2) 90(3)(a) Until final report received by Council Released 17 November 2016 Review Panel CEO Performance Until the process has been completed by exchange of 287 10/10/16 8.2.1 Megan Sutherland CEO Remuneration Review 2016 90(2) 90(30)(a) Released 17 November 2016 Review Panel correspondence with CEO CEO Performance Until performance Target process has been completed by exchange 288 10/10/16 8.3.1 Megan Sutherland CEO Performance Targets 90(2) 90(3)(a) Released 17 November 2016 Review Panel of correspondence with CEO
CEO Performance Until the negotiation process has been completed through dewcision 289 19/10/16 6.1.1 Megan Sutherland CEO Request for further Employment Agreement 90(2) 90(3)(a) Released 28 June 2017 Review Panel with Council and exchange of correspondence with CEO
Until 31 December 2017 except public statements which outline the 290 25/10/16 Council 19.1 Marc Salver CWMS Expression of Interest 90(3)(d) 31/12/17 31/12/17 rationale and process for seeking a review of options
Until Performance Review process completed by exchange of 291 25/10/16 Council 19.2 Megan Sutherland CEO Performance Review Panel Recommendations 90(2 90(3)(a) Released 17 November 2016 correspondence with CEO Until Council prepares an advertisement under section 184(4) or 292 25/10/16 Council 19.3 Terry Crackett Sale of Land for Non-Payment of Rates 90(2) 90(3)(i) Released 28 June 2017 184(7), but no longer than 12 months Primary Production Lands Development Plan Amendment – Draft revised 293 08/11/16 SPDPC 16.2 Marc Salver 90(2) 90(3)(m) Until Public Consultation has commenced Released 8 November 2017 Statement of Intent Until negotiation process completed through decision by Council and 294 22/11/16 Council 19.1 Megan Sutherland CEO Further Employment Agreement 90(2) 90(3)(a) Released 28 June 2017 by exchange of correspondence with CEO
Page 1 Council/ Responsible Original Resolution regarding No. Date Item No. Title LGA 1999 Section Release date New Confidentiality Recommendation or Date Released Next Review Date Committee Officer Period of Confidentiality 295 07/12/16 Council (Special) 5.1 David Waters Australia Day Awards 2017 90(2) 90(3)(a) Until Australia Day 26 January 2017 Released 25/01/17 (under CEO delegated authority)
296 07/12/16 Council (Special) 5.2 Natalie Westover Contract for sale Portion of AHBTC site 90(3)(b) 07/12/17 Until Settlement of Contract Partially Released 10 May 2017 (under CEO delegated authority) 07/12/17
297 07/12/16 Council (Special) 5.3 Natalie Westover Retirement Village Review 90(2) 90(3)(b) Until formal consultation with residents of retirement villages Released 7 July 2017
298 13/12/16 Council 19.1 Marc Salver Local Heritage Public Places DPA 90(2) 90(3)(m) Until public and agency consultation has commenced Released 1 November 2017 13/12/17 2017 Until public consultation has commenced, but not longer than 24 299 24/01/17 Council 19.1 Marc Salver Preliminary Draft Report Gawler River 2016 Flood Review 90(2)(3)(j) Released 4 July 2017 January 2018
300 13/02/17 Audit Committee 7.1 James Sinden ICT Security Risk Assessment Action Implementation Update 90(3)(e) 14/02/18 Until ICT Security Risk Assessment actions have been addressed Related to 273 & 284 14/02/18
301 28/02/17 Council 19.1 Marc Salver Community Wastewater Management Systems Review 90(2)(b) 30/06/18 Until 30 June 2018 Related to 290 30/06/18
CEO Performance Until the execution of the Employment Agreement or no later than 302 09/03/17 8.1 Megan Sutherland CEO Employment Agreement 90(2)(a) Released 28 June 2017 Review Panel 30 July 2018 303 28/03/17 Council 19.1 Megan Sutherland CEO Employment Agreement 90(3)(a) Until 30 July 2018 Released 1 July 2017 (under CEO delegated authority) Appointment of Independent Members to the Council's Development 304 26/04/17 Council 19.1 Marc Salver 90(2)(j) Until appointments, but no longer than 26 April 2018 Released 4 July 2017 Assessment Panel Until the applicant has been advised of Council's determination of the 305 27/06/17 Council 19.1 Lachlan Miller Internal Review of Council Decision - Verrall Road (North) Separate Rate 90(3)(a) Released 4 July 2017 matter, but not longer than 6 months Until the event agreements are signed and the race routes are announced 306 27/06/17 Council 19.2 David Waters Event Opportunity, 2018 Santos Tour Down Under 90(3)(j) Released 7 July 2017 by the relevant Minister, but not longer than 31 December 2017. (Attachments only) Until the Minister of Local Government approves or otherwise the application by the City of Prospect to become a Constituent 307 25/07/17 Council 19.1 Marc Salver East Waste Constituent Council Membership 90(3)(d) Released 30 November 2017 Council of the Eastern Waste Management Authority, but not longer than 30/6/2018. Until contract for management and operation of HRRC is executed but not 308 09/08/17 Special Council 5.1 John McArthur Heathfield Resource Recovery Centre Management 90(3)(b) Released 30 November 2017 longer than 1 December 2017 Report, related attachments and the minutes of Council and the 309 22/08/17 Council 19.1 Marc Salver Adelaide Hills Region Waste Management Authority Tender Landfill Compactor 90(3)(d) 03/08/18 discussion and considerations of the subject matter be retained in 03/08/18 confidence until 3 August 2018. Until the earlier of six months or until Udder Delights Australia Pty 310 26/09/17 Council 19.1 Terry Crackett Assignment of Commercial Lease at AHBTC 90(3)(d) Ltd makes a public announcement regarding the business Released 11 October 2017 restructure. 311 26/09/17 Council 19.2 Marc Salver Community Wastewater Management Systems Review 90(3)(b) 26/09/18 Until 26 September 2018 26/09/18 Until the Independent Member referred to in the item is appointed, 312 26/09/17 Council 19.3 Marc Salver Appointment of Independent Member with NRM Skills to CAP 90(3)(a) Released 30 November 2017 but not longer than 1 December 2017 Until the earlier of settlement of the property transactions or 12 313 24/10/17 Council 19.1.2 Natalie Westover Sale of Land at Adelaide Hills Business and Tourism Centre 90(3)(b) 24/10/18 24/10/18 months 314 06/11/17 Audit Committee 8.1.1 James Sinden Internal Audit Actions Implementation 90(3)(e) 06/11/18 Until the Internal Audit actions have been addressed Related to 273, 284 & 300 06/11/18 CEO Performance Until the CEO has been advised in writing, but not longer than 1 315 08/11/17 10.1 Megan Sutherland CEO Performance Review 2017 90(3)(a) 28/12/17 28/12/17 Review Panel month from the date of the decision of Council CEO Performance until the CEO has been advised in writing, but not longer than 1 316 08/11/17 10.2.1 Megan Sutherland 2017 CEO Remuneration Review 90(3)(a) 28/12/17 28/12/17 Review Panel month from the date of the decision of Council Until the CEO has been advised in writing, but not longer than 1 317 28/11/17 Council 19.1 Megan Sutherland CEO Performance & Remuneration Review 90(3)(a) 28/12/17 28/12/17 month from the date of the decision of Council
Page 2
Appendix 2 Extract of Register of Confidential Items – Items requiring new Confidentiality Order
REGISTER OF CONFIDENTIAL ITEMS Council/ Responsible Original Resolution regarding No. Date Item No. Title LGA 1999 Section Release date New Confidentiality Recommendation or Date Released Next Review Date DECEMBER 2017 UPDATE Committee Officer Period of Confidentiality 2014
As the legal proceedings are continuing and Resolution passed 24 November 2015 to remain confidential until it is not certain as to when the judgement legal action has concluded but no longer than 30 June 2016. will be handed down, it is recommended Resolution passed 28 June 2016 to remain confidential until legal 240 22/04/14 Council 18.2.1 Marc Salver AHRWMA 90(3)(b,d,i) 22/04/15 Until legal action concluded 13/12/17 that a new confidentiality order be applied action has concluded but no longer than 31 December 2016. for a further 12 months and that the item Resolution passed 13 December 2016 to remain confidential until ‘Remain confidential until Legal Action has Legal Action has concluded. concluded’ 2015 2016
The CWMS Expression of Interest process is still being progressed and it is therefore recommended that a new confidentiality Until 31 December 2017 except public statements which outline the order be applied to ‘Remain confidential 290 25/10/16 Council 19.1 Marc Salver CWMS Expression of Interest 90(3)(d) 31/12/17 31/12/17 rationale and process for seeking a review of options until 26 September 2018’ to mirror the confidentiality provision applied to No. 311 from 26 September 2017, which is a report of the same nature.
PARTIALLY RELEASED - will be released as per 296 07/12/16 Council (Special) 5.2 Natalie Westover Contract for sale Portion of AHBTC site 90(3)(b) 07/12/17 Until Settlement of Contract Partially Released 10 May 2017 (under CEO delegated authority) 07/12/17 current review date 2017
As the Audit contains information that is pertinent to Council ICT Security, it is recommended that a new confidentiality order be applied to ‘Remain confidential 300 13/02/17 Audit Committee 7.1 James Sinden ICT Security Risk Assessment Action Implementation Update 90(3)(e) 14/02/18 Until ICT Security Risk Assessment actions have been addressed Related to 273 & 284 14/02/18 until 6 November 2018’ to mirror the confidentiality provision applied to No. 314 from 8 November 2017, which is a report of the same nature
Retain in confidence. CWMS Expression of 301 28/02/17 Council 19.1 Marc Salver Community Wastewater Management Systems Review 90(2)(b) 30/06/18 Until 30 June 2018 Related to 290 30/06/18 Interest process still being progressed. Refer Council resolution 26/09/17.
Report, related attachments and the minutes of Council and the 309 22/08/17 Council 19.1 Marc Salver Adelaide Hills Region Waste Management Authority Tender Landfill Compactor 90(3)(d) 03/08/18 discussion and considerations of the subject matter be retained in 03/08/18 Retain in confidence. confidence until 3 August 2018. 311 26/09/17 Council 19.2 Marc Salver Community Wastewater Management Systems Review 90(3)(b) 26/09/18 Until 26 September 2018 26/09/18 Retain in confidence. Until the earlier of settlement of the property transactions or 12 313 24/10/17 Council 19.1.2 Natalie Westover Sale of Land at Adelaide Hills Business and Tourism Centre 90(3)(b) 24/10/18 24/10/18 Retain in confidence. months 314 06/11/17 Audit Committee 8.1.1 James Sinden Internal Audit Actions Implementation 90(3)(e) 06/11/18 Until the Internal Audit actions have been addressed Related to 273, 284 & 300 06/11/18 Retain in confidence. CEO Performance Until the CEO has been advised in writing, but not longer than 1 month 315 08/11/17 10.1 Megan Sutherland CEO Performance Review 2017 90(3)(a) 28/12/17 28/12/17 Retain in confidence. Review Panel from the date of the decision of Council CEO Performance until the CEO has been advised in writing, but not longer than 1 month 316 08/11/17 10.2.1 Megan Sutherland 2017 CEO Remuneration Review 90(3)(a) 28/12/17 28/12/17 Retain in confidence. Review Panel from the date of the decision of Council Until the CEO has been advised in writing, but not longer than 1 month 317 28/11/17 Council 19.1 Megan Sutherland CEO Performance & Remuneration Review 90(3)(a) 28/12/17 28/12/17 Retain in confidence. from the date of the decision of Council
Page 1 ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING Tuesday 12 December 2017 AGENDA BUSINESS ITEM
Item: 12.7
Originating Officer: Kylie Hopkins, Governance & Performance Project Officer
Responsible Director: Terry Crackett, Director Corporate Services
Subject: Delegations Review – December 2017
For: Decision
SUMMARY
Council’s Register of Delegations is required to be reviewed in accordance with Section 44 (6) of the Local Government Act 1999 at least once in every financial year. At Adelaide Hills Council a review occurs quarterly covering a proportion of the Register examining delegations under a number of Acts. This manages the annual review of each delegation in four manageable segments and also allows changes in legislation to be enacted in a timely fashion.
This report addresses delegations under the following Acts:
Community Titles Act 1996 Crown Land Management Act 2009 Heavy Vehicle National Law (South Australia) Act 2013 Housing Improvement Act 1940 Land & Business (Sale & Conveyancing) Act 1994 Liquor Licensing Act 1997 Private Parking Areas Act 1986 Strata Titles Act 1988 Work Health and Safety Act 2012
Council currently has delegations operating for all of the above Acts. Council must now determine if it will continue to delegate some or all of the powers and functions contained in the attached Instruments.
Page 1 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Delegations Review – December 2017
RECOMMENDATION
Council resolves:
1. That the report be received and noted
2. That, having conducted its quarterly review of Council’s Delegations Register, in accordance with Section 44(6) of the Local Government Act 1999, the Council:
2.1 Revocation
Hereby revokes its previous delegations to the Chief Executive Officer of those powers and functions under the following Acts:
2.1.1 Community Titles Act 1996 2.1.2 Crown Land Management Act 2009 2.1.3 Heavy Vehicle National Law (South Australia) Act 2013 2.1.4 Housing Improvement Act 1940 2.1.5 Land & Business (Sale & Conveyancing) Act 1994 2.1.6 Liquor Licensing Act 1997 2.1.7 Private Parking Areas Act 1986 2.1.8 Strata Titles Act 1988 2.1.9 Work Health and Safety Act 2012
2.2 Delegations made under the Local Government Act 1999
2.2.1 In exercise of the power contained in Section 44 of the Local Government Act 1999 the powers and functions under the following Acts and specified in the proposed Instruments of Delegation contained in Appendices 4, 5, 6, 8, 9, 10, 11 and 12 (each of which is individually identified as indicated below) are hereby delegated this 12th day of December 2017 to the person occupying the office of Chief Executive Officer subject to the conditions and or limitations specified herein or in the Schedule of Conditions in each such proposed Instrument of Delegation.
Community Titles Act 1996 (Appendix 3) Crown Land Management Act 2009 (Appendix 4) Heavy Vehicle National Law (South Australia) Act 2013 (Appendix 5) Land & Business (Sale & Conveyancing) Act 1994 (Appendix 6) Liquor Licensing Act 1997 (Appendix 7) Private Parking Areas Act 1986 (Appendix 8) Strata Titles Act 1988 (Appendix 9) Work Health and Safety Act 2012 (Appendix 10)
2.2.2 Such powers and functions may be further delegated by the Chief Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit, unless otherwise indicated herein or in the Schedule of Conditions contained in each such proposed Instrument of Delegation.
Page 2 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Delegations Review – December 2017
1. GOVERNANCE
Strategic Management Plan/Council Policy
Goal Organisational Sustainability Strategy Governance
The review of Delegations is an important element of Council’s commitment to open and transparent decision making which facilitates public accountability.
Legal Implications
An annual review of the legislation and delegations to staff is required under Section 44(6) of the Local Government Act 1999.
Risk Management Implications
The maintenance of a robust legislative delegation regime is an important control in managing the risk of:
Poor governance practices occur which lead to a loss of stakeholder (i.e. customer and regulator) confidence and/or legislative breaches.
Inherent Risk Residual Risk Target Risk Extreme (5C) Medium (3D) Medium (3D)
Note: there are many other controls that also assist in mitigating this risk.
Financial and Resource Implications
Not directly applicable
Customer Service and Community/Cultural Implications
Delegations allow Council’s legislative obligations to be discharged in an effective and efficient manner and enable the administration to provide more timely service.
Environmental Implications
Not directly applicable
Engagement/Consultation with Committee, Regional Subsidiary, Advisory Group and Community
Council Committees: Not Applicable
Council Workshops: Not Applicable
Advisory Groups: Not Applicable
Page 3 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Delegations Review – December 2017
Administration: The following were consulted:
Terry Crackett, Director Corporate Services Marc Salver, Director Strategy & Development David Waters, Director Community & Customer Services Peter Bice, Director Engineering & Assets Lachlan Miller, Executive Manager Governance & Performance Megan Sutherland, Executive Manager Organisational Development Natalie Westover, Manager Property Services Deryn Atkinson, Manager Development Services John McArthur, Manager Waste Health & Regulatory Services
Community: Not Applicable
2. BACKGROUND
Legislation is constantly changing and a review is required to ensure Council and staff are working with the updated legislation and have the appropriate delegations to carry out the various legislative functions. Model Delegations are prepared by Norman Waterhouse Lawyers on behalf of the Local Government Association (LGA) and have been used as a basis for this review.
Delegations can be revoked by the Council at any time and Council retains the right to act on any matter even if it has been delegated.
A schedule of reviews (Appendix 1) has been developed to ensure delegations under all Acts/Regulations are reviewed over the course of the year.
3. ANALYSIS
This report incorporates the remainder of updates identified in the ‘Table of Updates’ (Appendix 2), dated 1 August 2017, provided by the Local Government Association in Circular 36.8 .
As per the table of updates and Council’s schedule of reviews, the following Acts and Regulations are being reviewed this quarter:
Community Titles Act 1996 Crown Land Management Act 2009 Heavy Vehicle National Law (South Australia) Act 2013 Housing Improvement Act 1940 Land & Business (Sale & Conveyancing) Act 1994 Liquor Licensing Act 1997 Private Parking Areas Act 1986 Strata Titles Act 1988 Work Health and Safety Act 2012
Page 4 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Delegations Review – December 2017
The Acts/Regulations with amendments in this review are:
Community Titles Act 1996 Crown Land Management Act 2009 Heavy Vehicle National Law (South Australia) Act 2013 Housing Improvement Act 1940 Work Health and Safety Act 2012
All changes have been highlighted or tracked on the attached instruments.
3.1 Community Titles Act 1996 It is recommended that additional powers and functions relating to Section 16(1)(a) be delegated to the Chief Executive Officer.
3.2 Crown Land Management Act 2009 It is recommended that additional powers and functions relating to Section 12(3)(b) be delegated to the Chief Executive Officer.
3.3 Housing Improvement Act 1940 The new Housing Improvement Act 2016 commenced operation on 3 April 2017 and councils no longer have a compliance role under the Act and therefore all delegations to the CEO are revoked.
3.4 Heavy Vehicle National Law (South Australia) Act 2013 A minor legislative amendment relating to Section 174(2) has been made to this Act.
3.5 Work Health and Safety Act 2012 Minor legislative amendments relating to Sections 65(1) and 229(1) have been made to this Act.
There have been no changes to the other delegations in this review.
If the powers contained in the attached instruments were not delegated all decisions must come to Council for its consideration and the Chief Executive Officer will not be empowered to act in relation to such matters.
As with all Council delegations, delegating a power under these Acts does not transfer that power from the Council to the delegate, it merely replicates it. As such, where the situation requires, matters will be brought to Council for decision.
4. OPTIONS
It is a matter for Council to determine whether it will delegate to the Chief Executive Officer some or all of the powers and functions contained in the appendices. The previous delegations must be revoked and replaced with the new delegations.
Page 5 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Delegations Review – December 2017
5. APPENDICES
(1) Delegations Review Schedule (2) Table of updates dated 1 August 2017 (3) Instrument of Delegation under the Community Titles Act 1996 (4) Instrument of Delegation under the Crown Land Management Act 2009 (5) Instrument of Delegation under the Heavy Vehicle National Law (South Australia) Act 2013 (6) Instrument of Delegation under the Land & Business (Sale & Conveyancing) Act 1994 (7) Instrument of Delegation under the Liquor Licensing Act 1997 (8) Instrument of Delegation under the Private Parking Areas Act 1986 (9) Instrument of Delegation under the Strata Titles Act 1988 (10) Instrument of Delegation under the Work Health and Safety Act 2012
Page 6
Appendix 1 Delegations Review Schedule
DELEGATIONS REVIEW SCHEDULE
Act Mar-17 Jun-17 Sep-17 Dec-17 LGA Circular Number 51.9 & Burial & Cremation Act 2013 and the Burial and Cremation Regulations 2014 28-Mar Community Titles Act 1996 12-Dec Crown Land Management Act 2009 12-Dec Development Act 1993 and Development Regulations 2008 27-Jun 26-Sep Dog & Cat Management Act 1995 27-Jun Electronic Conveyancing National Law (SA) Act 26-Sep Environment Protection Act 1993 and Environment Protection (Waste Management) Policy 1994 28-Mar Expiation of Offences Act 1996 28-Mar Fences Act 1975 27-Jun Fire and Emergency Services Act 2005 and Fire and Emergency Services Regulations 2005 26-Sep Food Act 2001 27-Jun Freedom of Information Act 1991 & Freedom of Information (Fees & Charges) Regulations 2003 27-Jun Heavy Vehicle National Law (South Australia) Act 2013 28-Mar 12-Dec Housing Improvement Act 1940 26-Sep Land & Business (Sale and Conveyancing) Act 1994 12-Dec Liquor Licensing Act 1997 12-Dec Local Government Act 1999 28-Mar 26-Sep Local Nuisance and Litter Control Act 2016 and Local Nuisance and Litter Control Regulations 2017 28-Mar Natural Resources Management Act 2004, Natural Resources Management (General) Regulations 2005 27-Jun and Natural Resources Management (Transitional Provisions - Levies) Regulations 2005 Planning, Development and Infrastructure Act 2016 27-Jun 26-Sep Private Parking Areas Act 1986 12-Dec Real Property Act 1886 26-Sep Road Traffic Act 1961 (SA), Road Traffic (Miscellaneous) Regulations 2014 and Road Traffic (Road 26-Sep Rules – Ancillary and Miscellaneous Provisions) Regulations 2014 Roads (Opening & Closing) Act 1991 26-Sep Safe Drinking Water Act 2011 27-Jun South Australian Public Health Act 2011, South Australian Public Health (Legionella) Regulations 2013 26-Sep and the South Australian Public Health (Wastewater) Regulations 2013 Strata Titles Act 1999 12-Dec Supported Residential Facilities Act 1992 28-Mar Unclaimed Goods Act 1987 28-Mar Water Industry Act 2012 and Water Industry Regulations 2012 28-Mar Work Health Safety Act 2012 28-Mar 12-Dec
Appendix 2 Table of updates 1 August 2017
LOCAL GOVERNMENT ASSOCIATION UPDATES OF DELEGATION TEMPLATES ON WEBSITE
(Note: Paragraph references below refer to updated version – As at 1 August 2017)
Para Section number Whether change Reason for change Date of latest Recommendation Act number in of Act/ is Addition/ version Document/ Page on Website instrument Regulation Amendment/ which Deletion contain changes Webpage entitled – ‘Delegations – Introduction’ Webpage entitled – ‘General Information’ Instrument of Delegation under the Burial and Cremation Act 2013 and Burial and Cremation Regulations 2014 Instrument of Delegation under the Community Titles Act Instrument of Delegation under the Development Act, Development (Development Plans) Amendment Act 2006 and Development Regulations 2008 Instrument of Delegation under the Dog & Cat Management Act Instrument of Delegation under the Electronic Conveyancing National Law (South Australia) Act 2013
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Para Section number Whether change Reason for change Date of latest Recommendation Act number in of Act/ is Addition/ version Document/ Page on Website instrument Regulation Amendment/ which Deletion contain changes Instrument of Delegation under the Environment Protection Act Instrument of Delegation under the Expiation of Offences Act Instrument of Delegation under the Fences Act
Instrument of Delegation under the Fire & Emergency Services Act Instrument of Delegation under the Food Act
Instrument of Delegation under the Freedom of Information Act Instrument of Delegation under the Heavy 11.2 174(2) Amendment Legislative amendment 1 August 2017 Adopt immediately if seeking to Vehicle National Law Act exercise delegated power otherwise use updated Instrument at next review. Instrument of Delegation under the Land & Business (Sale & Conveyancing) Act Instrument of Delegation under the Liquor Licensing Act Instrument of Delegation under the Local 79 Section 187(1) Amendment Legislative amendment 1 August 2017 Adopt immediately if seeking to Government Act 1999 exercise delegated power 157.1 Clause 2(1) of Addition Legislative amendment otherwise use updated Schedule 1B
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Para Section number Whether change Reason for change Date of latest Recommendation Act number in of Act/ is Addition/ version Document/ Page on Website instrument Regulation Amendment/ which Deletion contain changes 157.2 Clause 2(3) of Addition Legislative amendment Instrument at next review. Schedule 1B (Note: may only be delegated to CEO and cannot be subdelegated) 157.3 Clause 2(4) of Addition Legislative amendment Schedule 1B (Note: may only be delegated to CEO and cannot be subdelegated) 158.1 Clause 4 of Addition Legislative amendment Schedule 1B (Note: may only be delegated to CEO and cannot be subdelegated) 159.1 Clause 5(1) of Addition Legislative amendment Schedule 1B (Note: may only be delegated to CEO and cannot be subdelegated) 159.2 Clause 5(2) of Addition Legislative amendment Schedule 1B (Note: may only be delegated to CEO and cannot be subdelegated)
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Para Section number Whether change Reason for change Date of latest Recommendation Act number in of Act/ is Addition/ version Document/ Page on Website instrument Regulation Amendment/ which Deletion contain changes 160.1 Clause 6(1) of Addition Legislative amendment Schedule 1B (Note: may only be delegated to CEO and cannot be subdelegated) 160.2 Clause 6(2) of Addition Legislative amendment Schedule 1B (Note: may only be delegated to CEO and cannot be subdelegated) 161.1 Clause 7(2) of Addition Legislative amendment Schedule 1B 161.2 Clause 7(3) of Addition Legislative amendment Schedule 1B 162.1 Clause 9(1) of Addition Legislative amendment Schedule 1B 162.2 Clause 9(2) of Addition Legislative amendment Schedule 1B 162.3 Clause 9(3) of Addition Legislative amendment Schedule 1B 163.1 Clause 10(2) of Addition Legislative amendment Schedule 1B 163.2 Clause 10(3) of Addition Legislative amendment Schedule 1B
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Para Section number Whether change Reason for change Date of latest Recommendation Act number in of Act/ is Addition/ version Document/ Page on Website instrument Regulation Amendment/ which Deletion contain changes 164.1 Clause 13(1) of Addition Legislative amendment Schedule 1B 164.2 Clause 13(3) of Addition Legislative amendment Schedule 1B Instrument of Delegation under the Local Nuisance and Litter Control Act 2016 and Local Nuisance and Litter Control Regulations 2017 Instrument of Delegation under the Natural Resources Management Act Instrument of Delegation under the Planning, 6A.1 73(2)(b)(iv) Addition Legislative provision coming 1 August 2017 Adopt immediately if seeking to Development and Infrastructure Act 2016 into effect exercise delegated power 6A.2 73(6) Addition Legislative provision coming otherwise use updated into effect instrument at next review. 6A.3 73(8) Addition Legislative provision coming into effect 6A.4 73(9) Addition Legislative provision coming into effect 6B.1 74(8) Addition Legislative provision coming into effect 6C.1 82(d) Addition Legislative provision coming into effect
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Para Section number Whether change Reason for change Date of latest Recommendation Act number in of Act/ is Addition/ version Document/ Page on Website instrument Regulation Amendment/ which Deletion contain changes 6D.1 83(i) Addition Legislative provision coming into effect 6D.2 83(1)(h) Addition Legislative provision coming into effect 6D.3 83(1)(i) Addition Legislative provision coming into effect 6D.4 83(2) Addition Legislative provision coming into effect 6E.1 84(1)(c)(ii)(B) Addition Legislative provision coming into effect 6F.1 86(2)(a) Addition Legislative provision coming into effect Instrument of Delegation under the Public & Environmental Health Act 1987, the Public & Environmental Health (Waste Control) Regulations 2010 and the Public & Environmental Health (Legionella) Regulations 2008 Instrument of Delegation under the Real Property Act Instrument of Delegation under the Roads (Opening & Closing) Act
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Para Section number Whether change Reason for change Date of latest Recommendation Act number in of Act/ is Addition/ version Document/ Page on Website instrument Regulation Amendment/ which Deletion contain changes Instrument of Delegation under the Road 2A 33(2) Addition Not previously included in 1 August 2017 Adopt immediately if seeking to Traffic Act 1961, Road Traffic (Miscellaneous_ template exercise delegated power Regulations 2014 and Road Traffic (Road otherwise use updated Rules – Ancillary and Miscellaneous instrument at next review. Provisions) Regulations 2014 Subdelegations to Chief Executive Officer under the Road Traffic Act 1961 Authorisations under Road Traffic Act 1961
Instrument of Delegation under the Safe Drinking Water Act 2011 Instrument of Delegation under the South Australian Public Health Act 2011 Instrument of Delegation under the South Australian Public Health (Legionella) Regulations 2013 Instrument of Delegation under the South Australian Public Health (Wastewater) Regulations 2013 Instrument of Delegation under the Strata Titles Act 1988 Instrument of Delegation under the Supported Residential Facilities Act
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Para Section number Whether change Reason for change Date of latest Recommendation Act number in of Act/ is Addition/ version Document/ Page on Website instrument Regulation Amendment/ which Deletion contain changes Instrument of Delegation under the Water Industry Act 2012 and Water Industry Regulations 2012 Instrument of Delegation under the Work 65 65(1) Amendment Legislative amendment 1 August 2017 Adopt immediately if seeking to Health Safety Act 2012 exercise delegated power 229 229(1) Amendment Legislative amendment otherwise use updated instrument at next review. Instrument of Delegation under the Unclaimed Goods Act 1987 Webpage entitled – ‘Guide for use – Template Resolutions’ Draft Resolutions for the making of 3.4 - Deletion Legislative amendment 1 August 2017 Use updated Resolutions at Delegations next review. Webpage entitled – ‘Documents for Making Subdelegations’ Template Instrument of Subdelegation
Notification of Subdelegations for Council Officers Notification of delegations to Officers who are ‘acting’ in a position Webpage entitled – ‘Legislative Requirements’
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Para Section number Whether change Reason for change Date of latest Recommendation Act number in of Act/ is Addition/ version Document/ Page on Website instrument Regulation Amendment/ which Deletion contain changes Webpage entitled – ‘Best Practice Recommendations’
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Appendix 3 Instrument of Delegation under the Community Titles Act 1996
COMMUNITY TITLES ACT 1996
Direct Delegation Conditions/ from Council Limitations INSTRUMENT OF DELEGATION UNDER THE COMMUNITY TITLES ACT 1996 1. Interpretation 1.1 The duty pursuant to Section 3(11) of the Community Titles Act 1996 (“the Act”) where the Act requires the scheme description lodged with the Registrar-General to be endorsed by the relevant development authority, and: 1.1.1 all the consents or approvals required under the Development Act 1993 in relation to the division CEO NIL of the land (and a change in the use of the land (if any)) in accordance with the scheme description and the plan of community division have been granted; or 1.1.2 no consent or approval is required under that Act in relation to the division of the land (or a change in the use of the land), to, as the relevant development authority, endorse a scheme description to the effect of either subsection 3(11)(b)(i) or (ii) of the Act. 2. Application 2.1 The power pursuant to Section 14(1) of the Act, where the Council is the registered proprietor of an estate in CEO NIL fee simple in: 2.1.1 land comprising an allotment or allotments; 2.1.2 land comprising a primary lot or a secondary lot, to apply to the Registrar-General for the division of the land by a plan of community division. 3 Application May Deal With Statutory Encumbrances 3 The power pursuant to Section 15A(b)(i) of the Act, where the Council is the holder of a statutory CEO NIL encumbrance, to sign a certificate certifying that the requirements of the Act under which the encumbrance was entered into, or is in force, as to the variation or termination of the statutory encumbrance (if any) have been complied with. 4. Consents to Application 4.1 The power pursuant to Section 16(1)(a) of the Act, 4.1.1 where the Council is the holder of a registered encumbrance over the land to be divided; or 4.1.2 where deposit of the plan in the Lands Titles Registration Office will affect the estate or interest of the Council in land outside the community parcel; or 4.1.3 where deposit of the plan in the Lands Titles Registration Office will operate to vest an estate or CEO Limited to interest in land (whether within or outside the community parcel) in the Council associated road widenings or additions to reserves to consent to the application. 5. Application to Amend Schedule of Lot Entitlements
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Direct Delegation Conditions/ from Council Limitations 5.1 The power pursuant to Section 21(4)(a) of the Act, where the Council is 5.1.1 the owner of a community lot at the relevant time but did not have the opportunity of voting against the resolution of the corporation authorising the proposed amendment because the Council was not a member of the corporation when the vote was taken; or 5.1.2 a prospective owner at the relevant time of a community lot; or 5.1.3 a registered encumbrancee or prospective encumbrancee at the relevant time of a community lot; or 5.1.4 where the Council is a person referred to in Section 21(5) of the Act, to consent to the proposed amendment. 5.2 The power pursuant to Section 21(5) of the Act: 5.2.1 where the corporation is a primary corporation and a primary lot is divided by a secondary plan, and where the Council is: 5.2.1.1 a person who is the owner of a secondary lot at the relevant time but did not have the opportunity of voting against the proposed amendment because the Council was not a member of the secondary corporation when the vote was taken; or 5.2.1.2 a prospective owner at the relevant time of a secondary lot; or 5.2.1.3 a registered encumbrancee or prospective encumbrancee at the relevant time of a secondary lot; or 5.2.2 where the corporation is a primary corporation and a primary lot is divided by a secondary plan and a secondary lot created by that plan is divided by a tertiary plan or where the corporation is a secondary corporation and a secondary lot is divided by a tertiary plan, and where the Council is: 5.2.2.1 a person who is the owner of a tertiary lot at the relevant time but did not have the opportunity of voting against the proposed amendment because the Council was not a member of the tertiary corporation when the vote was taken; or 5.2.2.2 a prospective owner at the relevant time of a tertiary lot; or 5.2.2.3 a registered encumbrancee or prospective encumbrancee at the relevant time of a tertiary lot, to grant consent. 6. Encroachments 6.1 The power pursuant to Section 27(1)(b)(i) of the Act to consent to the encroachment of a building over land CEO NIL not included in a community parcel where the encroachment is over land vested in, or under the control or Strategic Planning management of the Council. Development Policy Committee (SPDPC) 7. Scheme Description 7.1 The power pursuant to Section 30(4) of the Act as the relevant development authority to require modifications to a scheme description before endorsing the scheme description to: 7.1.1 add any information that is necessary or desirable; or CEO NIL
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Direct Delegation Conditions/ from Council Limitations 7.1.2 clarify any part of the description; or 7.1.3 remove any unnecessary detail. 7.2 The power pursuant to Section 31(3) of the Act as the relevant development authority to endorse a certified CEO NIL copy of an amended scheme description. 8. Application May Deal With Statutory Encumbrances 8.1 The power pursuant to Section 53A(b)(i) of the Act, where the Council is the holder of a statutory CEO NIL encumbrance, to sign a certificate certifying that the requirements of the Act under which the encumbrance was entered into, or is in force, as to the variation or termination of the statutory encumbrance (if any) have been complied with. 9. Persons Whose Consents are Required 9.1 The power pursuant to Section 32(1) of the Act, where the Council is: 9.1.1 a person who is the owner of a community lot at the relevant time but did not have the CEO NIL opportunity of voting against the resolution of the corporation amending the scheme description because the Council was not then a member of the corporation; or 9.1.2 the prospective owner at the relevant time of a community lot; 9.1.3 the owner or prospective owner at the relevant time of a development lot; 9.1.4 a registered mortgagee or prospective mortgagee and a registered lessee or prospective lessee at the relevant time of a community lot or development lot; or 9.1.5 the owner or prospective owner at the relevant time of a development lot in a secondary or tertiary scheme that comprises part of the community scheme to which the scheme description relates; or 9.1.6 a person referred to Section 32(2) of the Act, to grant consent. 9.2 The power pursuant to Section 32(2) of the Act: 9.2.1 where the corporation is a primary corporation and a primary lot is divided by a secondary plan and the Council is: 9.2.1.1 a person who is the owner of a secondary lot at the relevant time but did not have the CEO NIL opportunity of voting against the proposed amendment to the scheme description because the Council was not then a member of the secondary corporation; or 9.2.1.2 the prospective owner at the relevant time of a secondary lot; or 9.2.1.3 a registered mortgagee or prospective mortgagee and a registered lessee or prospective lessee at the relevant time of a secondary lot or development lot; or 9.2.2 where the corporation is a primary corporation and a primary lot is divided by a secondary plan and a secondary lot created by that plan is divided by a tertiary plan or where the corporation is a secondary corporation and a secondary lot is divided by a tertiary plan and the Council is: 9.2.2.1 a person who is the owner of a tertiary lot at the relevant time but did not have the CEO NIL
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Direct Delegation Conditions/ from Council Limitations opportunity of voting against the proposed amendment to the scheme description because the Council was not then a member of the tertiary corporation; or 9.2.2.2 the prospective owner at the relevant time of a tertiary lot; or 9.2.2.3 a registered mortgagee or prospective mortgagee and a registered lessee or prospective lessee at the relevant time of a tertiary lot or development lot, to grant consent. 9A. By-laws 9A.1 The power pursuant to Section 34(6)(e) of the Act, to, within 60 days after service of the notice, apply to the CEO NIL Magistrates Court for revocation of the notice. 9A.2 The power pursuant to Section 34(6)(g) of the Act to withdraw or otherwise discontinue the application for CEO NIL revocation. 9B. By-law as to the Exclusive Use of Part of the Common Property 9B.1 The power pursuant to Section 36(5) of the Act to provide written consent to the community corporation to CEO NIL make a by-law under Section 36 of the Act. 9C. Enforcement of Development Contract 9C.1 The power pursuant to Section 49(2) of the Act, where the Council is an owner or occupier of a lot, who is, by virtue of Section 49(1) of the Act, a party to a development contract, to take proceedings for its enforcement (including damages for breach of the contract) in the Magistrates Court against: 9C.1.1 the developer; and CEO NIL 9C.1.2 if the contract is for the development of a development lot or a community lot – the subsequent owner or owners (if any) of the lot, even though no obligations attach to the corporation, owner and occupier under the contract. 9C.2 The power pursuant to Section 49(2a) of the Act to make application to the Magistrates Court to transfer the CEO NIL proceedings to the District Court. 9C.3 The power pursuant to Section 49(2b) of the Act to make application to a court to: 9C.3.1 transfer an application under Section 49 of the Act to the Supreme Court on the ground that the CEO NIL application raises a matter of general importance; or 9C.3.2 state a question of law for the opinion of the Supreme Court. 10. Application for Amendment 10.1 The power pursuant to Section 52(1)(a)(ii) of the Act to make an application for the amendment of a CEO NIL deposited community plan, where the Council is the owner of a community lot that will be affected by the amendment. 10.2 The power pursuant to Section 52(2)(b) of the Act, if the boundaries of a community lot or a development lot are affected by the amendment or if a community lot or a development lot is extinguished by the amendment, and the Council is: 10.2.1 the owner of the lot (not being an applicant in accordance with Section 52(1)(a)(ii) of the Act; or CEO NIL
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Direct Delegation Conditions/ from Council Limitations 10.2.2 a person who holds a registered encumbrance over the lot, consent to the amendment. 10.3 The power pursuant to Section 52(2)(c) of the Act, where amendment of the plan will operate to vest an CEO NIL estate or interest in land in the Council, to consent to the application. 11. Status of Application for Amendment of Plan 11.1 The power pursuant to Section 53(2) of the Act, where the Council has consented to an application, to CEO NIL consent to an application being withdrawn or amended. 11.2 The power pursuant to Section 53(3) of the Act to amend the application in order to comply with the Act or CEO NIL the Real Property Act 1886 or with a requirement of the Registrar-General under the Act or the Real Property Act 1886. 12. Application May Deal With Statutory Encumbrances 12.1 The power pursuant to Section 53A(b)(i) of the Act, where the Council is the holder of a statutory CEO NIL encumbrance, to sign a certificate certifying that the requirements of the Act under which the encumbrance was entered into, or is in force, as to the variation or termination of the statutory encumbrance (if any) have been complied with. 13. Alteration of Boundaries of Primary Community Parcel 13.1 The power pursuant to Section 57(2)(b) of the Act, if part of an allotment is to be included in the primary CEO NIL parcel and the Council is the registered proprietor of the allotment to be divided from outside the parcel, to make the application jointly with the community corporation. 14. Amendment of Plan Pursuant to Development Contract 14.1 The power pursuant to Section 58(1) of the Act and in accordance with Sections 58(2), (3) and (4) of the CEO NIL Act, where the Council is the registered proprietor of an estate in fee simple in a development lot, to apply to the Registrar-General for the division of the development lot in pursuant of the development contract and for the consequential amendment of the community plan. 15. Amendment by Order of ERD Court 15.1 The power pursuant to Section 59(1) of the Act and in accordance with Sections 59(2) and (3) of the Act to CEO NIL apply to the ERD Court to amend a community plan. 15.2 The power pursuant to Section 59(3a) of the Act to make submissions to the court in relation to the matter. CEO NIL 16. Persons Whose Consents are Required 16.1 The power pursuant to Section 61(1) of the Act, where the Council is: 16.1.1 a person who is the owner of a community lot at the relevant time but did not have the CEO NIL opportunity of voting against the resolution of the corporation authorising the proposed amalgamation because the Council was not then a member of the corporation; or 16.1.2 the prospective owner at the relevant time of a community lot; or 16.1.3 the owner or prospective owner at the relevant time of a development lot; or 16.1.4 a registered encumbrancee or prospective encumbrancee at the relevant time of a community
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Direct Delegation Conditions/ from Council Limitations lot or a development lot; or 16.1.5 a person referred to in Section 61(2) of the Act, to consent to the amalgamation. 16.2 The power pursuant to Section 61(2) of the Act, 16.2.1 where the plans to be amalgamated are primary plans and a primary lot is divided by a secondary plan where the Council is: 16.2.1.1 a person who is the owner of a secondary lot at the relevant time but did not have the CEO NIL opportunity of voting against the proposed amalgamation because the Council was not then a member of the secondary corporation; or 16.2.1.2 the prospective owner at the relevant time of a secondary lot; or 16.2.1.3 the owner or prospective owner at the relevant time of a development lot in the secondary scheme; or 16.2.1.4 a registered encumbrancee or prospective encumbrancee at the relevant time of a secondary lot or development lot; or 16.2.2 where the plans to be amalgamated are primary plans and a primary lot is divided by a secondary plan and a secondary lot created by that plan is divided by a tertiary plan or where the plans to be amalgamated are secondary plans a secondary lot is divided by a tertiary plan where the Council is: 16.2.2.1 a person who is the owner of a tertiary lot at the relevant time but did not have the CEO NIL opportunity of voting against the proposed amalgamation because the Council was not then a member of the tertiary corporation; or 16.2.2.2 the prospective owner at the relevant time of a tertiary lot; or 16.2.2.3 the owner or prospective owner at the relevant time of a development lot in the tertiary scheme; or 16.2.2.4 a registered encumbrancee or prospective encumbrancee at the relevant time of a tertiary lot or development lot, to consent. 17. Deposit of Amalgamated Plan 17.1 The power pursuant to Section 62(3) of the Act, where the Council is: 17.1.1 the owner of the servient land; or CEO NIL 17.1.2 a person who appears from the Register Book to hold a registered encumbrance over the servient land (other than an easement that will not be affected) to endorse an application for amalgamation with the Council’s consent. 18. Persons Whose Consent is Required 18.1 The power pursuant to Section 66(1) of the Act, to, where the Council is: 18.1.1 an owner at the relevant time of a community lot and a development lot (if any); or CEO NIL
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Direct Delegation Conditions/ from Council Limitations 18.1.2 the prospective owner at the relevant time of a community lot or a development lot; or 18.1.3 a registered encumbrancee or prospective encumbrancee at the relevant time of a community lot or development lot, to give consent to the application. 18A. Application to ERD Court 18A.1 The power pursuant to Section 67(1) of the Act, to make an application to the ERD Court for an order CEO NIL cancelling a community plan. 18A.2 The power pursuant to Section 67(1a) of the Act to make submissions to the Court in relation to the CEO NIL matter. 19. Cancellation 19.1 The power pursuant to Section 69(2)(e) of the Act to consent to the cancellation of a community plan where CEO NIL the Council is the owner of the servient land or holds a registered encumbrance over the servient land (other than an easement that will not be affected). 19.2 The power pursuant to Section 69(6) of the Act to where the Council is the registered proprietor of the CEO NIL servient land or the dominant land (if any) request an easement be reinstated on cancellation of a plan. 20. Division of Primary Parcel Under Part 19AB 20.1 The power pursuant to Section 70(2) of the Act, where the Council is: CEO NIL 20.1.1 an owner of a primary lot or an owner of a development lot (if any) comprising the primary parcel; 20.1.2 if a primary lot is divided by a secondary plan – an owner of the secondary lot and an owner of the development lot (if any) comprising the secondary parcel; or 20.1.3 if a secondary lot is divided by a tertiary plan – an owner of a tertiary lot and the owner of a development lot (if any) comprising the tertiary parcel, to endorse a plan of division lodged with the application with the Council’s consent. 21. Voting at General Meetings 21.1 The power pursuant to Section 84(3) of the Act, subject to Section 84(8) of the Act and in accordance with CEO NIL Sections 84(5), (5a) and (6) of the Act, to nominate another person to attend and vote at meetings on the Council’s behalf. 21.2 The power pursuant to Section 84(11) of the Act, to exercise an absentee vote on a proposed resolution CEO NIL by giving the secretary written notice of the proposed vote at least six hours before the time of the meeting. 22. Administrator of Community Corporation’s Affairs 22.1 The power pursuant to Section 100(1) of the Act to make application to the District Court or the CEO NIL Magistrates Court to appoint an administrator of the community corporation, or remove or replace an administrator previously appointed. 23. Power to Enforce Duties of Maintenance and Repair etc
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Direct Delegation Conditions/ from Council Limitations 23.1 The power pursuant to Section 101(6) of the Act, where: CEO NIL 23.1.1 - 23.1.1.1 the Council incurs costs in complying with a notice under Section 101(1) of the Act; or 23.1.1.2 the corporation recovers costs from the Council under Section 101(5) of the Act; and 23.1.2 the circumstances out of which the work was required are attributable to the act or default of another person, to recover those costs from that other person as a debt. 24. Right to Inspect Policies of Insurance 24.1 The power pursuant to Section 108(1) of the Act, to request to inspect policies of insurance that are in CEO NIL force and were taken out by or on behalf of the community corporation. 24.2 The power pursuant to Section 108(2) of the Act, to request to inspect policies of insurance that are in CEO NIL force and were taken out by or on behalf of the primary community corporation. 24.3 The power pursuant to Section 108(3) of the Act, to request to inspect policies of insurance that are in CEO NIL force and were taken out by or on behalf of the primary or secondary corporation. 25. Information to be Provided by Corporation 25.1 The power pursuant to Section 139(1) of the Act to, make application to a community corporation to: 25.1.1 provide a statement setting out: CEO NIL 25.1.1.1 particulars of any contribution payable in relation to the lot (including details of any arrears of contributions in relation to the lot); and 25.1.1.2 particulars of the assets and liabilities of the corporation; and 25.1.1.3 particulars of any expenditure that the corporation has incurred, or has resolved to incur, and to which the owner of the lot must contribute, or is likely to be required to contribute; and 25.1.1.4 particulars in relation to any other matter prescribed by regulations; and 25.1.2 provide copies of: 25.1.2.1 the minutes of general meetings of the corporation and meetings of its management committee (if any) for such period, not exceeding two years, specified in the application; and 25.1.2.2 the statement of accounts of the corporation last prepared by the corporation; and 25.1.2.3 current policies of insurance taken out by the corporation; and 25.1.3 make available for inspection such information as is required to establish the current financial position of the corporation including: 25.1.3.1 a copy of the accounting records of the corporation; and 25.1.3.2 the minute books of the corporation; and
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Direct Delegation Conditions/ from Council Limitations 25.1.3.3 any other documentary material prescribed by regulation; and 25.1.4 if the community corporation is a party to a contract with a body corporate manager – make available for inspection a copy of the contract; and 25.1.5 make available for inspection the register maintained under Section 135 of the Act. 25.2 The power pursuant to Section 139(1a) of the Act to, subject to Sections 139(2) and (4) of the Act, make CEO NIL application to a community corporation to provide, on a quarterly basis, ADI statements for all accounts maintained by the corporation. 26. Information as to Higher Tier of Community Scheme 26.1 The power pursuant to Section 140(1) of the Act to apply to the primary corporation for information under CEO NIL Section 139 of the Act. 26.2 The power pursuant to Section 140(2) of the Act to apply to the primary or secondary corporation for CEO NIL information under Section 139 of the Act. 27. Persons Who May Apply for Relief 27.1 The power pursuant to Section 141(1) of the Act to apply for relief under Part 14 of the Act. CEO NIL 28. Resolution of Disputes, etc 28.1 The power pursuant to Section 142(2) of the Act, subject to Section 142(1) of the Act, to make an CEO NIL application to the Magistrates Court. 28.2 The power pursuant to Section 142(3) of the Act to apply for the permission of the District Court, to bring CEO NIL an application under Section 142 of the Act in the District Court. 28.3 The power pursuant to Section 142(3) of the Act to, with the permission of the District Court, bring an CEO NIL application under Section 142 in the District Court. 28.4 The power pursuant to Section 142(4) of the Act to make an application to the District Court that CEO NIL proceedings that have been commenced in the Magistrates Court be transferred to the District Court. 28.5 The power pursuant to Section 142(6) of the Act to make an application to a court to: CEO NIL 28.5.1 transfer an application under Section 142 of the Act to the Supreme Court on the ground that the application raises a matter of general importance; or 28.5.2 state a question of law for the opinion of the Supreme Court. 29. Holding of Deposit and Other Contract Moneys When Lot is Pre-sold 29.1 The power pursuant to Section 142A(3) of the Act, in the event of a contravention of Section 142A(1) of CEO NIL the Act, to, by notice in writing given at any time before the plan of community division is deposited in the Lands Titles Registration Office, avoid the contract of sale. 29.2 The power pursuant to Section 142A(4) of the Act, if the plan of community division is not deposited in the CEO NIL Lands Titles Registration Office: 29.2.1 within such period after the date of the contract as is specified in the contract in accordance with any requirements specified in the regulations; or 29.2.2 if the contract does not specify a period in accordance with Section 142A(4)(a) of the Act, within
ADELAIDE HILLS COUNCIL | SUB DELEGATIONS MANUAL 13 December 2017 COMMUNITY TITLES ACT 1996
Direct Delegation Conditions/ from Council Limitations 6 months after the date of the contract, to, by notice in writing to the vendor, avoid the contract of sale at any time before the plan is deposited. 30. Entry onto Lot or Common Property 30.1 The power pursuant to Section 146(1) of the Act, subject to Sections 146(2) - (9) of the Act, where the CEO NIL Council needs to enter another lot or the common property, in order to exercise rights under an easement for the establishment, maintenance and repair of part of the service infrastructure, to: 30.1.1 give notice to the owner of the lot to be entered; or 30.1.2 where it is necessary to enter the common property, to give notice to the corporation. 30.2 The power pursuant to Section 146(4) of the Act, if notice is not given (in an emergency) or the period of CEO NIL the notice has expired and it is not possible to gain entry without using force, to use such force as is reasonable in the circumstances. 30.3 The power pursuant to Section 146(6) of the Act, in an emergency to enter another lot or the common CEO NIL property to assist a person on the lot or common property or to prevent or reduce damage to the lot or another lot or to the common property.
ADELAIDE HILLS COUNCIL | SUB DELEGATIONS MANUAL 13 December 2017
Appendix 4 Instrument of Delegation under the Crown Land Management Act 2009
CROWN LAND MANAGEMENT ACT 2009
Direct Delegation Conditions/ from Council Limitations INSTRUMENT OF DELEGATION UNDER CROWN LAND MANAGEMENT ACT 2009 1. Management Plans Where the Minister develops a Management Plan for the management of Crown land leased by or under the care, control and management of the Council, the power: 1.1 pursuant to Section 12(3)(a) of the Crown Land Management Act 2009 (the Act) to consent to the plan relating to that land; and 1.2 pursuant to Section 12(3)(b) of the Act to consent to or request works to be carried out on the land by CEO NIL the Minister. 2. Dedicated Land 2.1 The power pursuant to Section 18(3) of the Act to consult with the Minister before a dedication to place CEO NIL land under the Council’s care, control and management is effected. 2.2 The power pursuant to Section 18(5) of the Act to consult with the Minister before the purpose for which CEO NIL land has been dedicated to the Council’s care, control and management is altered. 3 Care, Control and Management of Dedicated Land 3.1 The power pursuant to Section 20(3) of the Act, where land is under the Council’s care, control and CEO NIL management, to consult with the Minister prior to the Minister exercising powers under Section 20 of the Act. 4. Lease of Dedicated Land 4.1 The duty pursuant to Section 22(1) of the Act, where the Council grants a lease in relation to dedicated CEO NIL land, to obtain the written consent of the Minister to the grant of the lease. 5. Disposal Subject to Crown Condition Agreement 5.1 The power pursuant to Section 26(1) of the Act, where the Minister intends to dispose of Crown land by CEO Subject to transfer or grant of the fee simple on condition that the Council enters into a Crown condition compliance with agreement, to enter into the Crown condition agreement the Local Government Act 1999 Community Land Register requirements
5.2 The power pursuant to Section 26(3) of the Act, where a Crown condition agreement is entered into: CEO NIL 5.2.1 to vary or revoke the agreement by agreement with the Minister; 5.2.2 to make application to the court to vary or revoke the agreement. 6. Easements 6.1 The power pursuant to Section 28(1) of the Act, to request an easement in, or over, Crown land. CEO NIL 6.2 The power pursuant to Section 28(2) of the Act, where the Council has an interest in, or rights in CEO NIL
ADELAIDE HILLS COUNCIL | SUB DELEGATIONS MANUAL 13 December 2017 CROWN LAND MANAGEMENT ACT 2009
Direct Delegation Conditions/ from Council Limitations relation to, land the subject of the proposed easement, to consent to the grant of the easement. 6.3 the duty pursuant to Section 28(6) of the Act, where the Minister issues such a requirement, to provide CEO NIL the Minister with any instruments, plans or other documents necessary for the purpose of granting the easement. 7. Surrenders 7.1 The power pursuant to Section 37(1) of the Act, where the Council has a registered interest in, or CEO NIL Caveat lodged over, a lease and the lease is to be wholly or partially surrendered, to consent to that surrender. 8. Licences 8.1 The power pursuant to Section 46 of the Act to request that the Minister grants a licence to the Council CEO NIL in relation to Crown land. 9. Remediation of Land 9.1 The duty pursuant to Section 57 of the Act, where the Council has an interest in, or right in relation to, CEO Remediation of Crown land and the Minister is satisfied that the Council has caused or contributed to a condition on or land (Sect 57) to of the land that requires remediation, to comply with a remediation notice issued by the Minister. be exercised only to the extent that the expenditure is specified in a budget adopted by Council 10. Waterfront Land 10.1 The power pursuant to Section 59(1) of the Act, and subject to Section 59(3) of the Act, where the Minister proposes to lease or dispose of waterfront land, to make written submissions to the Minister in relation to the proposal within the period specified in the Notice. 11. Offences 11.1 The power pursuant to Section 60(2) of the Act, where the Council is the custodian of dedicated land, to CEO NIL make written request to the Minister for a declaration that Division 5 of Part 4 of the Act applies to that land. 12. Applications for Review The power pursuant to Section 65(1) of the Act to make applications for review to the Minister: 12.1 where the Council is the holder of a lease, for review of a determination as to the current market rent CEO NIL applicable in relation to the lease or the market value of any improvements made to the land subject to the lease; 12.2 where the Council has applied for consent of the Minister under Section 22 of the Act and that consent CEO NIL is refused, for a review of that determination of the Minister; 12.3 where the Council is the holder of a lease, for a review of CEO NIL
ADELAIDE HILLS COUNCIL | SUB DELEGATIONS MANUAL 13 December 2017 CROWN LAND MANAGEMENT ACT 2009
Direct Delegation Conditions/ from Council Limitations 12.3.1 a determination of the Minister to cancel the lease or resume land subject to the lease; or 12.3.2 the terms and conditions of a new lease granted by the Minister in accordance with Section 38(4)(b) following the resumption of land; 12.4 where the Council is served a remediation notice under Section 57 of the Act, for a review of the notice; CEO NIL 12.5 where the Council is required to lodge a financial assurance with the Minister under Section 58 of the CEO NIL Act, for a review of that requirement; or 12.6 where the Council is required to remove property or fixtures by notice under Section 74(1) of the Act, for CEO NIL a review of the notice. 13. Valuation Reviews 13.1 The power pursuant to and in accordance with Section 66(1) of the Act, and subject to Section 66(2) of CEO NIL the Act, where the Council has applied for a review under Section 65(1)(a) of the Act and is dissatisfied with the determination made by the Minister to apply to the Minister for a valuation review. 14. Valuation Appeal 14.1 The power pursuant to Section 67(1) of the Act, where the Council has applied for a review under CEO NIL Section 65(1)(a) of the Act and is dissatisfied with the determination made on the review or the determination on a valuation review under Section 66 of the Act, to appeal to the court against the determination. NB. The delegate, in exercising any power, duty or function under delegation from the Council shall do so in a manner which is consistent with any Council resolution and/or Policy or Procedure that may be in place and relevant to the power, duty or function being exercised at that time.
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Appendix 5 Instrument of Delegation under the Heavy Vehicle National Law (South Australia) Act 2013
HEAVY VEHICLE NATIONAL LAW (SOUTH AUSTRLIA) ACT 2013
Direct Delegation Conditions/ from Council Limitations INSTRUMENT OF DELEGATION UNDER THE HEAVY VEHICLE NATIONAL LAW (SOUTH AUSTRALIA) ACT
2013 1. Deciding Request for Consent Generally 1.1 The power pursuant to Section 156(1) of the Heavy Vehicle National Law (South Australia) Act 2013 (the Act), to, subject to Sections 156(2), (3) (4) and (6) of the Act, if the Regulator asks for the Council’s consent to the grant of a mass or dimension authority, decide to give or not to give the consent: 1.1.1 within: CEO NIL 1.1.1.1 28 days after the request is made, unless Section 156(1)(a)(ii) of the Act applies; or 1.1.1.2 if Section 156 of the Act applies because the Council gave the Regulator a notice of objection to the grant under Section 167 of the Act – 14 days after giving the notice of objection; or 1.1.2 within a longer period, of not more than 6 months after the request is made, agreed to by the CEO NIL Regulator. 1.2 The power pursuant to Section 156(2) of the Act, to ask for a longer period under Section 156(1)(b) of CEO NIL the Act only if: 1.2.1 consultation is required under a law with another entity (including, for example, for the purpose of obtaining that entity’s approval to give the consent); or 1.2.2 the delegate considers a route assessment is necessary for deciding whether to give or not to give the consent; or 1.2.3 the Council is the road authority for the participating jurisdiction and the delegate considers that a local government authority that is not required under a law to be consulted should nevertheless be consulted before deciding whether to give or not to give the consent. 1.3 The power pursuant to Section 156(2)(c) of the Act to, in relation to the Regulator obtaining the consent CEO NIL of the road manager for a road for the purpose of granting a mass or dimension authority make submissions where the road manager is the road authority for the participating jurisdiction and considers that the Council, whilst not required under a law to be consulted should nevertheless be consulted before the road manager decides whether to give or not to give consent. 1.4 The power pursuant to Section 156(3) of the Act to decide not to give the consent only if the delegate is CEO NIL satisfied: 1.4.1 the mass or dimension authority will, or is likely to: CEO NIL 1.4.1.1 cause damage to road infrastructure; or 1.4.1.2 impose adverse effects on the community arising from noise, emissions or traffic CEO NIL congestion or from other matters stated in approved guidelines; or 1.4.1.3 pose significant risks to public safety arising from heavy vehicle use that is CEO NIL incompatible with road infrastructure or traffic conditions; and 1.4.2 it is not possible to grant the authority subject to road conditions or travel conditions that will CEO NIL
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Direct Delegation Conditions/ from Council Limitations avoid, or significantly minimise: 1.4.2.1 the damage or likely damage; or 1.4.2.2 the adverse effects or likely adverse effects; or 1.4.2.3 the significant risks or likely significant risks. 1.5 The power pursuant to Section 156(4) of the Act, in deciding whether or not to give the consent, to have CEO NIL regard to: 1.5.1 for a mass or dimension exemption – the approved guidelines for granting mass or dimension exemptions; or 1.5.2 for a class 2 heavy vehicle authorisation – the approved guidelines for granting class 2 heavy vehicle authorisations. 1.6 The power pursuant to Section 156(6) of the Act, if the delegate decides not to give consent to the grant CEO NIL of the authority, to give the Regulator a written statement that explains the delegate’s decision and complies with Section 172 of the Act. 2. Action Pending Consultation with Third Party 2.1 The power pursuant to Section 158(2) of the Act, if the consultation with the other entity is not yet CEO NIL completed, to, as far as practicable, deal with the request for consent and decide to give or not to give the consent (even though the consultation with the other entity is not completed). 2.2 The power pursuant to Section 158(4) of the Act, if: CEO NIL 2.2.1 the consultation with the other entity is completed and the other entity’s approval is required; and 2.2.2 the delegate has not yet decided to give or not to give the consent, To - 2.2.3 decide not to give the consent, on the ground that the consent would be inoperative; or 2.2.4 decide to give the consent. 3. Deciding Request for Consent if Route Assessment Required 3.1 The power pursuant to Section 159(1) and (2) of the Act to, form the opinion a route assessment is CEO NIL necessary for deciding whether to give or not to give the consent and notify the Regulator of the following: 3.1.1 that a route assessment is required for deciding whether to give or not to give the consent; 3.1.2 the fee payable (if any) for the route assessment under a law of the jurisdiction in which the road is situated. 3.2 The power pursuant to Section 159(4) of the Act, if a fee is payable for the route assessment under a CEO NIL law of the jurisdiction in which the road is situated to stop considering whether to give or not to give the consent until the fee is paid. 4. Imposition of Road Conditions 4.1 The power pursuant to Section 160(1) of the Act and in accordance with Section 160(2) of the Act, to CEO NIL
ADELAIDE HILLS COUNCIL | SUB DELEGATIONS MANUAL 13 December 2017 HEAVY VEHICLE NATIONAL LAW (SOUTH AUSTRLIA) ACT 2013
Direct Delegation Conditions/ from Council Limitations consent to the grant of the authority subject to: 4.1.1 except in the case of a class 2 heavy vehicle authorisation (notice) – the condition that a stated road condition is imposed on the authority; or 4.1.2 in the case of a class 2 heavy vehicle authorisation (notice) – the condition that a stated road condition of a type prescribed by the national regulations is imposed on the authority. 4.2 The power pursuant to Section 160(2) of the Act to, if the delegate consents to the grant of the authority CEO NIL subject to a condition as mentioned in Section 160(1)(a) of the Act to give the Regulator a written statement that explains the decision to give consent to the grant of the authority subject to the condition and complies with Section 172 of the Act. 5. Imposition of Travel Conditions 5.1 The power pursuant to Section 161(1) of the Act, to, consent to the grant of the authority subject to the CEO NIL condition that a stated travel condition is imposed on the authority. 5.2 The power pursuant to Section 161(2) of the Act, if the delegate consents to the grant of the authority as CEO NIL mentioned in Section 161(1) of the Act to give the Regulator a written statement that explains the decision to give consent to the grant of the authority subject to the condition and complies with Section 172 of the Act. 6. Imposition of Vehicle Conditions 6.1 The power pursuant to Section 162(1) of the Act, where the delegate gives consent to the grant of the CEO NIL authority to ask the Regulator to impose a stated vehicle condition on the authority. 7. Expedited Procedure for Road Manager’s Consent for Renewal of Mass or Dimension Authority 7.1 The power pursuant to Section 167(2)(b) of the Act, to give the Regulator a notice of objection to the CEO NIL application of Section 167 of the Act to the proposed replacement authority within the period of: 7.1.1 14 days after the request for consent is made; or 7.1.2 28 days after the request for consent is made if the delegate seeks the extension of time within the initial 14 days. 8. Granting Limited Consent for Trial Purposes 8.1 The power pursuant to Section 169(1) of the Act to give consent to the grant of a mass or dimension CEO NIL authority for a trial period of no more than 3 months specified by the delegate. 9. Renewal of Limited Consent for Trial Purposes 9.1 The power pursuant to Section 170(3) of the Act to give the Regulator a written objection within the CEO NIL current trial period to the renewal of a mass or dimension authority for a further trial period of no more than 3 months. 10. Amendment or Cancellation on Regulator’s Initiative 10.1 The power pursuant to Section 173(3)(d) of the Act to make written representations about why the CEO NIL proposed action should not be taken.
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Direct Delegation Conditions/ from Council Limitations 11. Amendment or Cancellation on Request by Relevant Road Manager 11.1 The power pursuant to Section 174(1) of the Act to form the opinion and be satisfied that the use of CEO NIL heavy vehicles on a road under the authority: 11.1.1 has caused, or is likely to cause, damage to road infrastructure; or 11.1.2 has had, or is likely to have, an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or 11.1.3 has posed, or is likely to pose, a significant risk to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions. 11.2 The power pursuant to Section 174(2) of the Act to ask the Regulator to: CEO NIL 11.2.1 amend the mass or dimension authority by: 11.2.1.1 amending the category of vehicle to which the authority applies; or 11.2.1.2 amending the type of load that may be carried by vehicles to which the authority applies; or 11.2.1.3 amending the areas or routes to which the authority applies; or 11.2.1.4 amending the days or hours to which the authority applies; or 11.2.1.5 imposing or amending road conditions or travel conditions; or 11.2.2 cancel the authority. 12. Amendment or Cancellation on Application by Permit Holder 12.1 The power pursuant to Section 176(4)(c) of the Act to consent to the amendment of a mass or CEO NIL dimension authority. 13. Amendment or Cancellation on Request by Relevant Road Manager 13.1 The power pursuant to Section 178(1) of the Act to form the opinion and be satisfied that the use of CEO NIL heavy vehicles on a road under the authority: 13.1.1 has caused, or is likely to cause, damage to road infrastructure; or 13.1.2 has had, or is likely to have, an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or 13.1.3 has posed, or is likely to pose, a significant risk to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions. 13.2 The power pursuant to Section 178(2) of the Act to ask the Regulator to: CEO NIL 13.2.1 amend the mass or dimension authority, including, for example, by: 13.2.1.1 amending the areas or routes to which the authority applies; or 13.2.1.2 amending the days or hours to which the authority applies; or 13.2.1.3 imposing or amending road conditions or travel conditions on the authority; or 13.2.2 cancel the authority.
ADELAIDE HILLS COUNCIL | SUB DELEGATIONS MANUAL 13 December 2017
Appendix 6 Instrument of Delegation under the Land & Business (Sale & Conveyancing) Act 1994
LAND AND BUSINESS (SALE AND CONVEYANCING) ACT 1994
Direct Delegation Conditions/ from Council Limitations INSTRUMENT OF DELEGATION UNDER THE LAND AND BUSINESS (SALE AND CONVEYANCING) ACT 1994 1. The duty pursuant to Section 12(1) of the land and business (sale and conveyancing) act 1994 (“the act”) within CEO NIL eight clear business days after receiving a request for information under this section, to provide the applicant with information reasonably required as to - 1.1 any charge or prescribed encumbrance over land within the Council's area of which the Council has the benefit; or 1.2 insurance under Division 3 of Part 5 of the Building Work Contractors Act 1995, in relation to a building on land within the Council's area.
ADELAIDE HILLS COUNCIL | SUB DELEGATIONS MANUAL 13 December 2017
Appendix 7 Instrument of Delegation under the Liquor Licensing Act 1997
LIQUOR LICENSING ACT 1997
Direct Delegation Conditions/ from Council Limitations INSTRUMENT OF DELEGATION UNDER THE LIQUOR LICENSING ACT 1997 0. Application for Review of Commissioner’s Decision The power pursuant to Section 22(1) and subject to Sections 22(2) and (3) of the Liquor Licensing Act 1997 (the CEO NIL Act), to apply to the Court for a review of the Commissioner’s decision. Strategic Planning Development Policy Committee (SPDPC) 1. Extension of Trading Area 1.1 The power pursuant to Section 69(3)(e) of the Liquor Licensing Act 1997 (“the Act”), on application by a CEO NIL licensee who holds a licence authorising the sale of liquor for consumption on the licensed premises to the Strategic Planning extent the authority conferred by the licence so that the licensee is authorised to sell liquor in a place Development adjacent to the licensed premises for consumption in that place, to approve or not approve the application Policy Committee for extension where the relevant place is under the control of the Council. (SPDPC) 2. Rights of Intervention 2.1 The power pursuant to Section 76(2) of the Act where licensed premises exist or premises propose to be CEO NIL licensed are situated in the Council area, to introduce evidence or make representations on any question Strategic Planning before the licensing authority where proceedings are on foot or underway. Development Policy Committee (SPDPC) 3. Noise 3.1 The power pursuant to Section 106(2)(b) of the Act to lodge a complaint about an activity on, or the noise CEO NIL emanating from licensed premises, or the behaviour of persons making their way to or from licensed Strategic Planning premises in the Council area with the Commissioner under Section 106(1). Development Policy Committee (SPDPC) 3.2 The power pursuant to Section 106(4) of the Act to engage in conciliation between the parties facilitated by CEO NIL the Commissioner. Strategic Planning Development Policy Committee (SPDPC) 3.3 The power pursuant to Section 106(5) of the Act to request the Commissioner to determine the matter where CEO NIL the complaint is not to be conciliated, or is not resolved by conciliation under Section 106(4). Strategic Planning Development Policy Committee (SPDPC) 4. Disciplinary Action Before the Court
ADELAIDE HILLS COUNCIL | SUB DELEGATIONS MANUAL 13 December 2017 LIQUOR LICENSING ACT 1997
Direct Delegation Conditions/ from Council Limitations 4.1 The power pursuant to Section 120(1) and (2) of the Act to lodge a complaint, provided the subject matter of CEO NIL the complaint is relevant to the responsibilities of the Council and within whose area the licensed premises Strategic Planning are situated, with the Court alleging that proper grounds for disciplinary action exists on those grounds Development stated in the complaint, against a specified person. Policy Committee (SPDPC)
5. Commissioner’s Power to Suspend or Impose Conditions Pending Disciplinary Action 5.1 The power pursuant to Section 120A(3) of the Act to apply to the Court for a review of the Commissioner’s CEO NIL decision as if the Council were a party to proceedings before the Commissioner. Strategic Planning Development Policy Committee (SPDPC)
ADELAIDE HILLS COUNCIL | SUB DELEGATIONS MANUAL 13 December 2017
Appendix 8 Instrument of Delegation under the Private Parking Areas Act 1986
PRIVATE PARKING AREAS ACT 1986
Direct Delegation Conditions/ from Council Limitations INSTRUMENT OF DELEGATION UNDER THE PRIVATE PARKING AREAS ACT 1986 1. Power: Agreements by owner of private parking area and council for the area 1.1 The power pursuant to Section 9(1) of the Act to make an agreement with the owner of a private CEO NIL parking area in the Council area for the enforcement of the provisions of Part 3 of this Act in relation to that private parking area.
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Appendix 9 Instrument of Delegation under the Strata Titles Act 1988
STRATA TITLES ACT 1988
Direct Delegation Conditions/ from Council Limitations INSTRUMENT OF DELEGATION UNDER THE STRATA TITLES ACT 1999 1. Application for Amendment 1.1 The power pursuant to Section 12(2)(b) of the Strata Titles Act 1988 (the Act), where the Council has CEO NIL an encumbrance registered in relation to units or common property affected by a proposed amendment, to consent to the amendment. 1.2 The power pursuant to Section 12(2)(c) of the Act, where units or common property affected by the CEO NIL proposed amendment are subject to a statutory encumbrance held by the Council, to consent to the amendment. 1.3 The power pursuant to Section 12(3a) of the Act, where: CEO NIL 1.3.1 the erection or alteration of a building on the site causes an encroachment over public land in the area of the Council not included in the site; and 1.3.2 the application for amendment relates (wholly or in part) to the erection or alteration of that building, to consent to the encroachment. 1.4 The power pursuant to Section 12(8) of the Act, where on amendment of a deposited strata plan, part, CEO NIL but not the whole, of an allotment within the meaning of Part 194AB of the Real Property Act 1886 is to be included in the site from outside the site, and the Council is the registered proprietor of the allotment to be divided, to make the application jointly with the strata corporation. 2. Application May Deal with Statutory Encumbrances 2.1 The power pursuant to Section 12A of the Act, where the Council is the holder of a statutory CEO NIL encumbrance, to sign a certificate certifying that the requirements of the Act under which the encumbrance was entered into, or is in force, as to the variation or termination of the statutory encumbrance (if any) have been complied with. 2A. Amendment by Order of ERD Court 2A.1 The power pursuant to Sections 13(1) and (2) of the Act and subject to Section 13(3) of the Act to CEO NIL make an application to the ERD Court. 2A.2 The power pursuant to Section 13(3a) of the Act to make submissions to the Court in relation to the CEO NIL matter. 3. Amalgamation of Adjacent Sites 3.1 The power pursuant to Section 16(2)(c) of the Act, where the Council has a registered interest in the CEO NIL units, to consent to an application for amalgamation. 3.2 The power pursuant to Section 16(2)(c) of the Act, to endorse an application for amalgamation with the CEO NIL consent of the Council where the Council has a registered interest in the units. 4. Cancellation 4.1 The power pursuant to Section 17(2)(b) of the Act, where the Council has a registered interest in the CEO NIL unit or the common property to approve an instrument of cancellation.
ADELAIDE HILLS COUNCIL | SUB DELEGATIONS MANUAL 13 December 2017 STRATA TITLES ACT 1988
Direct Delegation Conditions/ from Council Limitations 4.2 The power pursuant to Section 17(2)(b) of the Act to, endorse an instrument of cancellation with the CEO NIL approval of the Council where the Council has a registered interest in a unit or the common property. 4.3 The power pursuant to Section 17(4) of the Act to make an application for an order of the ERD Court CEO NIL cancelling a strata plan. 4.4 The power pursuant to Section 17(4a) of the Act to make submissions to the Court in relation to the CEO NIL matter. 5. Application for Division 5.1 The power pursuant to Section 17AAA(2) of the Act where the Council is the owner of the units CEO NIL comprising the site or is a person whose consent is required by Part 19AB Division 2 of the Real Property Act 1886 to consent to a plan of division lodged with the application. 5.2 The power pursuant to Section 17AAA(2) of the Act to endorse the plan of division lodged with the CEO NIL application with the consent of the Council where the Council is the owner of the units comprising the site or is a person whose consent is required by Part 19AB Division 2 of the Real Property Act 1886. 6. Articles of Strata Corporation 6.1 The power pursuant to Section 19(3b)(e) of the Act, to, within 60 days after service of the notice, apply CEO NIL to the Magistrates Court for revocation of the notice. 7. Certain Articles May be Struck Out by Court 7.1 The power pursuant to Sections 19A(1) and (2) of the Act to make an application to the Magistrates CEO NIL Court or the District Court under Part 3A of the Act. 8. Offences 8.1 The power pursuant to Section 27D(5) of the Act to make an application to the delegate of a strata CEO NIL corporation to be provided with, on a quarterly basis, a statement setting out details of dealings by the delegate with the corporation’s money. 8.2 The power pursuant to Section 27D(7) of the Act to request a delegate of a strata corporation who CEO NIL holds records of the corporation to: 8.2.1 make those records available for the Council or the Council’s delegate to inspect within 10 business days of the request; and 8.2.2 provide the Council or the Council’s delegate with a copy of any of the records on payment of a fee. 9. Power to Enforce Duties of Maintenance and Repair 9.1 The power pursuant to Section 28(5) of the Act, where: CEO NIL 9.1.1 the strata corporation recovers costs from the Council under Section 28(4) of the Act; and 9.1.2 the circumstances out of which the work was required are attributable to the act or default of another person, to recover those costs from that other person as a debt. 10. Right of Unit Holders etc to Satisfy Themselves as to Insurance
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Direct Delegation Conditions/ from Council Limitations 10.1 The power pursuant to Section 32(1) of the Act, to request a strata corporation to produce for CEO NIL inspection all current policies of insurance taken out by the corporation. 11. Holding of General Meetings 11.1 The power pursuant to and in accordance with Section 33(2) of the Act, subject to Sections 33(3), CEO NIL (3a), (4a) and (4b) of the Act, to convene a meeting. 11.2 The power pursuant to Section 33(2)(e) of the Act to apply to the Magistrates Court for a meeting to be CEO NIL convened. 12. Voting at General Meetings 12.1 The power pursuant to Section 34(2a) of the Act, subject to Sections 34(3a), (3b) and (3c) of the Act, CEO NIL to nominate another person to attend and vote at meetings on the Council’s behalf. 12.2 The power pursuant to Section 34(4) of the Act to exercise an absentee vote on a proposed resolution CEO NIL by giving the secretary written notice of the proposed vote at least six hours before the time of the meeting. 13. Administrator of Strata Corporation’s Affairs 13.1 The power pursuant to Section 37(1) of the Act to make application to a relevant court to appoint an CEO NIL administrator of the strata corporation, or remove or replace an administrator previously appointed. 14. Information to be Furnished 14.1 The power pursuant to Section 41(1) of the Act to make application to a strata corporation to: CEO NIL 14.1.1 furnish: 14.1.1.1 particulars of any contribution payable in relation to the unit (including details of any arrears of contribution related to the unit); 14.1.1.2 particulars of the assets and liabilities of the corporation; 14.1.1.3 particulars of any expenditure that the corporation has incurred, or has resolved to incur, and to which the unit holder of the unit must contribute, or is likely to be required to contribute; 14.1.1.4 particulars in relation to any prescribed matter; 14.1.2 provide copies of: 14.1.2.1 the minutes of general meetings of the corporation and meetings of its management committee for such period, not exceeding two years, specified in the application; 14.1.2.2 the statement of accounts of the corporation last prepared by the corporation; 14.1.2.3 the articles for the time being in force; 14.1.2.4 current policies of insurance taken out by the corporation; 14.1.3 make available for inspection: 14.1.3.1 a copy of the accounting records of the corporation; 14.1.3.2 the minute books of the corporation;
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Direct Delegation Conditions/ from Council Limitations 14.1.3.3 any other prescribed documentary material; 14.1.4 if the strata corporation is a party to a contract with a body corporate manager – make available for inspection a copy of the contract; 14.1.5 make available for inspection the register maintained under Section 39A of the Act. 14.2 The power pursuant to Section 41(1a) of the Act, subject to Sections 41(2) and (3) of the Act, to make CEO NIL application to a strata corporation to provide, on a quarterly basis, ADI statements for all accounts maintained by the corporation. 15. Persons Who May Apply for Relief 15.1 The power pursuant to Sections 41AA and 41A of the Act to, subject to Section 41A(2) of the Act, CEO NIL apply for relief under Part 3 of the Act. 16. Resolution of Disputes, etc 16.1 The power pursuant to Section 41A(3) of the Act to seek the permission of the District Court, to bring CEO NIL an application under Section 41A of the Act in the District Court. 16.2 The power pursuant to Section 41A(3) of the Act bring an application under Section 41A of the Act in CEO NIL the District Court. 16.3 The power pursuant to Section 41A(4) of the Act to apply to the District Court for proceedings under CEO NIL Section 41A of the Act that have been commenced in the Magistrates Court, to be transferred to the District Court. 16.4 The power pursuant to Section 41A(6) of the Act to make an application to a court to: 16.4.1 transfer an application under Section 41A to the Supreme Court on the ground that the CEO NIL application raises a matter of general importance; or 16.4.2 state a question of law for the opinion of the Supreme Court. CEO NIL 16.5 The power pursuant to Section 41A(10)(b) of the Act to make submissions to the court in relation to CEO NIL the matter. 17. Unit Holder’s Power of Entry 17.1 Where the Council is the unit holder of a unit (Unit A) and: CEO NIL 17.1.1 - 17.1.1.1 the proper supply of hot or cold water, gas, electricity, heating oil or air-conditioned air to Unit A fails; or 17.1.1.2 the sewerage, garbage or drainage system as it affects Unit A fails to operate properly; and 17.1.2 some other unit (Unit B) must be entered in order to investigate the cause of the failure, or to carry out necessary repairs, the power pursuant to Section 42(1) and (2) of the Act to, after giving such notice to the unit holder of Unit B as may be practicable in the circumstances, enter Unit B for that purpose. 17.2 Where the Council is the unit holder of a unit (Unit A) and CEO NIL
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Direct Delegation Conditions/ from Council Limitations 17.2.1 - 17.2.1.1 the proper supply of hot or cold water, gas, electricity, heating oil or air-conditioned air to Unit A fails; or 17.2.1.2 the sewerage, garbage or drainage system as it affects Unit A fails to operate properly; and 17.2.2 some other unit (Unit B) must be entered in order to investigate the cause of the failure, or to carry out necessary repairs, the power pursuant to Sections 42(1) of the Act to authorise a person to, after giving such notice to the unit holder of Unit B as may be practicable in the circumstances, enter Unit B for that purpose. 18. Dealing with Part of Unit 18.1 The power pursuant to Section 44(2) of the Act, subject to any other law, to grant a lease or licence CEO NIL over a part of a unit: 18.1.1 if all of the units comprised in the strata scheme consist of non-residential premises; or 18.1.2 where Section 44(2)(a) does not apply: 18.1.2.1 if the lease or licence is granted to another unit holder; or 18.1.2.2 if the lease or licence is authorised by unanimous resolution of the strata corporation. 19. Body Corporate May Act as Officer, etc 19.1 The power pursuant to Section 44A(2) of the Act, and subject to Sections 44A(2a), (2b) and (4) of the CEO NIL Act if the Council is appointed as the presiding officer, secretary or treasurer of a strata corporation, or as a member of a management committee, to, by instrument in writing, appoint a person to perform on its behalf any function that is conferred on the Council by virtue of the appointment. 20. Relief Where Unanimous Resolution Required 20.1 The power pursuant to Section 46(1) of the Act, and in accordance with Section 46(2) of the Act, CEO NIL where a unanimous resolution is necessary under the Act before an act may be done and that resolution is not obtained but the resolution is supported to the extent necessary for a special resolution, and the Council is included in the majority in favour of the resolution to apply to a relevant court to have the resolution declared sufficient to authorise the particular act proposed.
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Appendix 10 Instrument of Delegation under the Work Health and Safety Act 2012
WORK HEALTH SAFETY ACT 2012
Direct Delegation Conditions/ from Council Limitations INSTRUMENT OF DELEGATION UNDER THE WORK HEALTH SAFETY ACT 2012 51. Determination of work groups (1) The power pursuant to Section 51(1) of the Work Health and Safety Act 2012 (the Act), to, if a request is CEO NIL made under Section 50 of the Act, facilitate the determination of one or more work groups of workers. 52. Negotiations for agreement for work group (1) The power pursuant to Section 52(1) of the Act, and in accordance with Sections 52(2), (3) and (6) of the Act, CEO NIL to determine a work group by negotiation and agreement with the workers who will form the work group or their representatives. (4) The power pursuant to Section 52(4) of the Act to, in relation to an agreement concerning the determination of CEO NIL a work group or groups, at any time, negotiate a variation of the agreement in accordance with Section 52(6) of the Act. 54. Failure of negotiations (1) The power pursuant to Section 54(1) of the Act to, if there is a failure of negotiations (including negotiations CEO NIL concerning the variation of an agreement), ask the regulator to appoint an inspector for the purposes of Section 54 of the Act. 55. Determination of work groups of multiple businesses (2) The power pursuant to Section 55(2) of the Act to determine the particulars of the work groups by negotiation CEO NIL and agreement, in accordance with Section 56 of the Act, between each of the persons conducting the businesses or undertakings and the workers. (3) The power pursuant to Section 55(3) of the Act to, in relation to an agreement concerning the determination of CEO NIL a work group or groups, at any time, negotiate a variation of the agreement. 56. Negotiation of agreement for work groups of multiple businesses (3) The power pursuant to Section 56(3) of the Act to, if agreement cannot be reached on a matter relating to the CEO NIL determination of a work group (or a variation of an agreement) within a reasonable time after negotiations commence under Subdivision 3 of Division 3, Part 5 of the Act, ask the regulator to appoint an inspector to assist the negotiations in relation to that matter. 58. Withdrawal from negotiations or agreement involving multiple businesses (1) The power pursuant to Section 58(1) of the Act to, in relation to a negotiation for an agreement, or an CEO NIL agreement, concerning a work group under Subdivision 3 of Division 3, Part 5 of the Act, withdraw from the negotiation or agreement at any time by giving reasonable notice (in writing) to the other parties. (2) The power pursuant to Section 58(2) of the Act to, if a party withdraws from an agreement concerning a work CEO NIL group under Subdivision 3 of Division 3, Part 5 of the Act, negotiate a variation to the agreement in accordance with Section 56 of the Act. 65. Disqualification of health and safety representatives (1) The power pursuant to Section 65(1) of the Act, to make an application to the Senior Judge of the IRC for a review committee SAET to disqualify a health and safety representative on the ground that the representative
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Direct Delegation Conditions/ from Council Limitations has: (a) exercised a power or performed a function as a health and safety representative for an improper CEO NIL purpose; or (b) used or disclosed any information he or she acquired as a health and safety representative for a CEO NIL purpose other than in connection with the role of health and safety representative, where the Council is adversely affected by the exercise of a power or the performance of a function referred to in Section 65(1)(a) of the Act or the use or disclosure of information referred to in Section 65(1)(b) of the Act. 70. General obligations of person conducting business or undertaking (1) The power pursuant to Section 70(1) of the Act, to (a) consult, so far as is reasonably practicable, on work health and safety matters with any health and CEO NIL safety representative for a work group of workers carrying out work for the Council; and (b) confer with a health and safety representative for a work group, whenever reasonably requested by the representative, for the purpose of ensuring the health and safety of the workers in the work group; and (c) allow any health and safety representative for the work group to have access to information that the Council has relating to: (i) hazards (including associated risks) at the workplace affecting workers in the work group; and (ii) the health and safety of the workers in the work group; and (d) with the consent of a worker that the health and safety representative represents, allow the health and CEO NIL safety representative to be present at an interview concerning work health and safety between the worker and: (i) an inspector; or (ii) the Council or the Council’s representative; and (e) with the consent of one or more workers that the health and safety representative represents, allow the health and safety representative to be present at an interview concerning work health and safety between a group of workers, which includes the workers who gave the consent, and: (i) an inspector; or (ii) the Council or the Council’s representative; and (f) provide any resources, facilities and assistance to a health and safety representative for the work group CEO NIL that are reasonably necessary or prescribed by the regulations to enable the representative to exercise his or her powers or perform his or her functions under the Act. (g) allow a person assisting a health and safety representative for the work group to have access to the workplace if that is necessary to enable the assistance to be provided; and (h) permit a health and safety representative for the work group to accompany an inspector during an inspection of any part of the workplace where a worker in the work group works; and (i) provide any other assistance to the health and safety representative for the work group that may be
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Direct Delegation Conditions/ from Council Limitations required by the regulations. 71. Exceptions for obligations under Section 70(1) (5) The power pursuant to Section 71(5) of the Act to refuse on reasonable grounds to grant access to the CEO NIL workplace to a person assisting a health and safety representative for a work group. 72. Obligation to train health and safety representatives (1) The power pursuant to Section 72(1) of the Act to, consult with a health and safety representative in relation CEO NIL to the health and safety representative attending a course of training in work health and safety that is subject to Section 72(6), chosen by the health and safety representative. (3) The power pursuant to Section 72(3) of the Act to: (a) as soon as practicable within the period of 3 months after the request is made, allow the health and CEO NIL safety representative time off work to attend the course of training; and (b) pay the course fees and any other reasonable costs associated with the health and safety CEO NIL representative’s attendance at the course of training. (6) The power pursuant to Section 72(6) of the Act to, if agreement cannot be reached between the Council or CEO NIL Council’s delegate and the health and safety representative within the time required by Section 72(3) of the Act as to the matters set out in Sections 72(1)(c) and (3) of the Act, ask the regulator to appoint an inspector to decide the matter. 73. Obligation to share costs if multiple businesses or undertakings (1) The power pursuant to Section 73(1) of the Act to, if a health and safety representative, or deputy health and CEO NIL safety representative (if any), represents a work group of workers carrying out work for the Council and one or more other person conducting businesses or undertakings, agree that: (a) the costs of the representative exercising powers and performing functions under the Act; and (b) the costs referred to in Section 72(3)(b) of the Act, for which the Council or any of the other persons conducting those businesses or undertakings are liable, are to be apportioned between each of those persons otherwise than equally. (2) The power pursuant to Section 73(2) of the Act, to vary an agreement to apportion the costs in another way, CEO NIL at any time by negotiation and agreement between each of the persons conducting the businesses or undertakings. 75. Health and safety committees (2) The power pursuant to Section 75(2) of the Act to, establish a health and safety committee for the workplace CEO NIL or part of the workplace. 76. Constitution of committee (1) The power pursuant to Section 76(1) of the Act and subject to Sections 76(2) to (4) of the Act, to agree the CEO NIL constitution of a health and safety committee with the workers at the workplace. (5) The power pursuant to Section 76(5) of the Act to, if agreement is not reached under Section 76 within a CEO NIL reasonable time, ask the regulator to appoint an inspector to decide the matter.
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Direct Delegation Conditions/ from Council Limitations 82. Referral of issue to regulator for resolution by inspector (2) The power pursuant to Section 82(2) of the Act to, ask the regulator to appoint an inspector to attend the CEO NIL workplace to assist in resolving the issue. 87. Alternative work The power pursuant to Section 87 of the Act to, if a worker ceases work under Division 6, Part 5 of the Act, direct CEO NIL the worker to carry out suitable alternative work at the same or another workplace if that work is safe and appropriate for the worker to carry out until the worker can resume normal duties. 89. Request to regulator to appoint inspector to assist The power pursuant to Section 89 of the Act to ask the regulator to appoint an inspector to attend the workplace to CEO NIL assist in resolving the issue arising in relation to the cessation of work. 100. Request for review of provisional improvement notice (1) The power pursuant to Section 100(1) of the Act, to, within 7 days after a provisional improvement notice is CEO NIL issued to the Council or a worker who carries out work at the Council, ask the regulator to appoint an inspector to review the notice. 141. Application for assistance of inspector to resolve dispute The power, pursuant to Section 141 of the Act, to, if a dispute arises about the exercise or purported exercise by a CEO NIL WHS entry permit holder of a right of entry under the Act, ask the regulator to appoint an inspector to attend the workplace to assist in resolving the dispute. 142. Authorising authority may deal with a dispute about a right of entry under this Act (4) The power pursuant to Section 142(4) of the Act to apply to the authorising authority to deal with a dispute CEO NIL where the dispute relates to the Council. 180. Return of seized things (1) The power pursuant to Section 180(1) of the Act to, if a seized thing has not been forfeited, and the Council is CEO NIL the person entitled to the thing, apply to the regulator for the return of the thing after the end of 6 months after it was seized. 181. Access to seized things (1) The power pursuant to Section 181(1) of the Act to, until a seized thing is forfeited or returned, inspect it and, CEO NIL if it is a document, to make copies of it at all reasonable times. 224. Application for internal review (1) The power pursuant to Section 224(1) of the Act, to, where the Council is an eligible person in relation to a CEO NIL reviewable decision, other than a decision made by the regulator or a delegate of the regulator, apply to the regulator for review (an internal review) in accordance with Section 224(2) of the Act, of the decision within: (a) the prescribed time after the day on which the decision first came to the Council’s notice; or (b) such longer period as the regulator allows. 229. Application for external review (1) The power pursuant to Section 229(1) of the Act, to, where the Council is an eligible person, apply to the CEO NIL
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Direct Delegation Conditions/ from Council Limitations Senior Judge of the IRC for review (an external review) SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014, in accordance with Section 229(2) of the Act, of: (a) a reviewable decision made by the regulator; or (b) a decision made, or taken to have been made, on an internal review.
ADELAIDE HILLS COUNCIL | SUB DELEGATIONS MANUAL 13 December 2017 ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING Tuesday 12 December 2017 AGENDA BUSINESS ITEM
Item: 12.8
Originating Officer: Lachlan Miller, Executive Manager Governance & Performance
Responsible Director: Terry Crackett, Director Corporate Services
Subject: Council Resolutions Update including 2 year update to outstanding resolutions
For: Information
SUMMARY
The Action List is updated each month and outlines actions taken on resolutions passed at Council meetings. The completed items are removed from the list each month. In some cases actions can take months or years to be completed.
In March 2015, Council resolved that outstanding resolutions passed before 31 March 2013 would be the subject of a report outlining the reasons why the resolutions have not been completed, detailing what actions have been taken and an estimated date of completion.
While the above resolution referred to a date, the duration was two (2) years and the intent of the Council’s resolution has been carried forward as a prudent accountability mechanism.
RECOMMENDATION
That Council resolves:
1. The Council Action List be received and noted
2. The following completed item be removed from the Action List:
Page 1 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Council Resolutions Update
Date Meeting No Heading 25/08/2015 Ordinary 108/15 Draft District Masterplan Council 28/03/2017 Ordinary 64/17 Traffic Assessment August St Birdwood Council 26/04/2017 Ordinary 94/17 Road Safety Berry Hill Road Kenton Valley Council 13/06/2017 SPDPC SP24/17b Liquor Licensing Policy Review 13/06/2017 SPDPC SP26/17b Revocation of Recreational Use of Council Reserves & Public Space Policy 27/06/2017 Ordinary 131/17 CEO Performance Review 2017 - Internal Council Process 25/07/2017 Ordinary 156/17 Adelaide Hills (War Memorial) Swimming Council Centre Options Paper 26/09/2017 Ordinary 210b/17 Establishment of Council Assessment Panel Council (CAP) and appointment of Independent Panel Members 26/09/2017 Ordinary 210c/17 Establishment of Council Assessment Panel Council (CAP) and appointment of Independent Panel Members 26/09/2017 Ordinary 215b/17 Membership of Audit Committee Council 26/09/2017 Ordinary 218a/17 CEOPRP Recruitment Independent Member Council 26/09/2017 Ordinary 211b/17 Asset Management Policy Council 24/10/2017 Ordinary 241/17 Draft Dog and Cat Animal Management Plan Council 2018 - 2022 24/10/2017 Ordinary 247/17 Stirling Market Traffic Control Council 24/10/2017 Ordinary 254/17 Boral Quarry, Lobethal – Impact on Ground Council 6/11/2017 Audit AC49/17 Policy Reviews Committee 14/11/2017 Special Council 263/17 Buffers Policy 14/11/2017 Special Council 264/17 Code of Practice for Access to Council Committee & Designated Informal Gathering Meetings & Documents 14/11/2017 Special Council 265/17 Management of Built Heritage Policy 14/11/2017 Special Council 266/17 Order Making Policy 14/11/2017 Special Council 266/17 Order Making Policy 14/11/2017 Special Council 268/17 Review of Advisory Groups 14/11/2017 Special Council 263/17 Buffers Policy 14/11/2017 Special Council 264/17 Code of Practice for Access to Council Committee & Designated Informal Gathering Meetings & Documents 14/11/2017 Special Council 265/17 Management of Built Heritage Policy 28/11/2017 Ordinary 274/17 MON Council Assessment Panel Sitting Fees Council 28/11/2017 Ordinary 276/17 2016-17 End of Year Financial Results Council Page 2 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Council Resolutions Update
Date Meeting No Heading 28/11/2017 Ordinary 278/17 2017-18 Community Grants Council 28/11/2017 Ordinary 286/17 2017-18 Budget - Budget Review 1 Council 28/11/2017 Ordinary 287/17 Policy Reviews - Debt Recovery & Account Council Reconciliation Policy 28/11/2017 Ordinary 288/17a Delegations Policy for Determination of DAs by Council CAP
1. GOVERNANCE
Strategic Management Plan/Council Policy
Goal Organisational Sustainability Strategy Governance
The timely completion of Council resolutions assists in meeting legislative and good governance responsibilities and obligations.
Legal Implications
Not applicable
Risk Management Implications
Regular reporting on outstanding action items will assist in mitigating the risk of:
Actions arising from Council resolutions may not be completed in a timely manner
Inherent Risk Residual Risk Target Risk High (4C) Medium (4E) Medium (4E)
Financial and Resource Implications
Not applicable
Customer Service and Community/Cultural Implications
Not applicable
Environmental Implications
Not applicable
Engagement/Consultation with Committee, Regional Subsidiary, Advisory Group and Community
Not applicable
2. BACKGROUND
Page 3 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Council Resolutions Update
At its meeting of 24 March 2015 Council resolved:
That the CEO provides a report to the 28 April 2015 Council meeting in relation to outstanding resolutions passed before 31 March 2013 outlining the reasons why the resolutions have not been completed, detailing what actions have been taken and an estimated date of completion.
The contents of this report formed a workshop discussion with Council Members on 3 May 2017.
3. ANALYSIS
The Action list has been updated to provide Council with information regarding outstanding actions. Completed resolutions are identified in the recommendation for removal from the Action List.
There are currently no resolutions requiring a 2 year update.
4. OPTIONS
Council has the following options:
I. Note the status of the outstanding items and the proposed actions II. Resolve that other actions are required.
5. APPENDIX
(1) Action List
Page 4
Appendix 1 Action List
Meeting Date Meeting Res No. Item Name Action Required (Council Resolution) Responsible Director Status Est. Completion Comments
6/07/2010 Ordinary Council B177/10 Approval to Register Drainage Easements Terry Crackett In Progress 31/12/2017 Easements for 4 & 6 Gale St and 8 & 10 Tolmer Rd have Over Properties at 8 Tolmer Road and 2, 4 That Drainage easements over 8 Tolmer Road and 2, 4 and 6 been completed and registered. and 6 Gale Street Woodside Gale Street, Woodside in favour of Council, being land owned Owner of 2 Gale Street has not responded to any requests by Mr Aubrey, Ms Brunialti, Ms Hall and Housing SA for the signing of documents. respectively, be secured at no fee with Council meeting all legal Recent advice has informed that CWMS infrastructure is and title production costs of approximately $3000. covered by the Water Industry Act 2012 and easements to Once approval has been secured from Mr Bellwood for the protect Council's rights to access and maintain this property at 10 Tolmer Road, Woodside for an easement in infrastructure are not essentail, it is proposed to rely on favour of Council over these existing pipes that Council the WIA provisions in relation to 2 Gale Street rather than proceed with executing this easement at no cost to the owner. progress a compulsory acquisition process. If the easement is not granted then Council approve that the A further report will be provided to Council in February process for compulsory acquiring this easement be granted. 2018 The Mayor and CEO be authorised sign and to affix the Council seal to all necessary documentation
28/08/2012 Ordinary Council 214/12 Kersbrook Stone Reserve – Heritage Peter Bice In Progress 30/06/2018 Land has been rededicated with an effective date of Agreement Chief Executive Officer, or delegate, be authorised to take all 30.6.17. necessary actions to bring the Heritage Agreement into effect Heritage Agreement notation will now be progressed.
22/04/2014 Ordinary Council 86 AHRWMA – Period of Confidentiality Marc Salver In Progress 3/12/2018 Retain in confidence. Legal case concluded on 4 December That the documents and reports pertaining to this matter, 2017 and judgement is expected to be handed down in 9 including discussions and considerations, be retained in to 12 months from now. confidence until the legal action has been concluded, but no longer than 12 months, pursuant to section 91(9)
13/05/2014 SPDPC 30/14 Adelaide Hills Trails Network Strategy Peter Bice In Progress 30/04/2018 An Implementation plan is being developed, with key 1. The Adelaide Hills 20 Year Trail Network Strategy & Action priorities to be identified. This should be completed early Plan be adopted; 2018. 2. An implementation plan be prepared by staff in 2014 to inform spending priorities for consideration in future budgets
27/05/2014 Ordinary Council 95/14 William St Birdwood Street Furniture, plaque Peter Bice In Progress 30/03/2018 We are currently seeking advice to see if the timber is That Council, as a consequence of the SPDPC resolution No 29 seasoned and ready to be used. Met residents and ward dated 13 May 2014, approves: councillor on site. Currently awaiting further information 1. The construction of a piece of street furniture and from Birdwood Institute, and we will schedule works once installation in William Street Birdwood, in the vicinity of where the logistics of installation are finalised. Pending material the trees will be removed, provided suitable timber is available suitability A budget bid will be put in 18/19 budget to from those trees. build a seat. 2. The erection of a plaque acknowledging the residents who donated funds to plant the initial avenue. 3. Place a memorial with names in the Birdwood Institute in consultation with the Friends of the Birdwood Institute. 4. Suitable timber to be made available to the Friends of the Birdwood Institute (FBI) to enable the Committee to make some small wood pieces (e.g. bowls) to display in the Institute. 5. The CEO investigate a source of funds for the projects. 1 and 2 to be undertaken in consultation with the community. 25/08/2015 Ordinary Council 108/15 Draft District Masterplan Peter Bice Completed 27/02/2018 The review of the Strategic Plan upon which a review of 1. That the draft District Masterplan be endorsed. the draft District Masterplan was to be undertaken was 2. That the draft District Masterplan be reviewed in the first delayed with the Strategic Plan being completed at the half of 2016 following the review of the Strategic Plan 2014-18. end of 2016. Thereview of the draft District Masterplan has been completed and will come to Council as an Information Report in February 2018.
22/09/2015 Ordinary Council 140/15 Highercombe Golf Course - relocating 5 Terry Crackett In Progress 31/12/2017 Whilst the Sport and Recreation Plan as recently been Allotments That no further action be taken in relation to the sale or adopted by Council a review of options in relation to the relocation of the five (5) land titles that form part of the Highercombe Golf Course is yet to be undertaken. Highercombe Golf Course until a review of the Golf Course, which may form a part of the Sport and Recreation Strategy Workshop scheduled for 6 December 2017 to review 2009-19 Review is completed status and discuss next steps proposed.
19/01/2016 Ordinary Council 6a/16 Amy Gillett Bikeway Extension Peter Bice In Progress 30/06/2018 The Open Space and Places for People funding application The CEO investigates all funding options including how the Jack was submitted for Round 2 (for the Mt Torrens to Bobridge Bikeway in the Barossa Valley was funded. Birdwood section), Council is also exploring a joint application with neighbouring Councils for a broader Cycle Network connection project.
22/02/2016 Audit Committee 15 IT Security Audit - Period of Confidentiality Terry Crackett In Progress 4/12/2017 Upon internal review it is agreed this IT Security Audit That the report, related attachments, the minutes of report have its confidental status removed and be Committee and the discussion of the subject matter be published. retained in confidence until ICT Security Risk Assessment recommendations have been addressed and no longer than 12 months from the establishment of this order.
22/03/2016 Ordinary Council 59/16 Sturt Valley Road reconstruction Peter Bice In Progress 23/01/2018 With the inclusion of 250,000 in the 2017/18 Annual 2. That a capital budget allocation of $160,000 be provided in Business Plan, scoping of available options is currently the 2015/16 financial year for the reconstruction of a 230m being prepared. Engineering Consultants are finalising section of Sturt Valley Road, Stirling. best option. 3. That a further report be presented to Council for consideration regarding the possible placement of a footpath or walking trail along sections of Sturt Valley Road prior to installing any additional safety barriers
26/04/2016 Ordinary Council 83/16 Croft & Harris Road Precinct, Lenswood Peter Bice In Progress 19/12/2017 Building Better Regions Fund round 2 closes December 19. 2. That the Office for Recreation and Sport and Department of AHC is currently working with Bicycle SA and Forestry SA Planning, Transport and Infrastructure be approached to to assess suitability of a joint project submission. discuss any potential funding opportunities to undertake bituminising works up to where the bicycle access occurs. 3. That a further report be presented on potential road treatments for Croft Road Lenswood and the surrounding road network once additional data has been collected on peak traffic numbers generated through a major event and staff continue negotiations with ForestrySA regarding infrastructure improvements for Cudlee Creek Forest Reserve. 24/05/2016 Ordinary Council 91/16 Road Closure portion Sinkinson Road Mt Terry Crackett In Progress 30/11/2017 Final plan has been prepared. Land owner has obtained a Torrens 2. To make a Road Process Order to the Surveyor-General to valuation which is considered acceptable. Final documents close and then merge a portion of road into the adjoining are being circulated for signing. property at 20 Sinkinson Road, Mount Torrens, being Allotment 53 in Filed Plan 155968, Certificate of Title 5779/569. The portion of road is more particularly delineated and marked ‘A’ on Preliminary Plan No. 15/0040, as detailed in Appendix 1 to this report.
3. Subject to closure of the above mentioned portion of unformed public road, that: a. It not to be placed on the Community Land Register; and b. It be sold to Mr and Mrs Hort, the owners of the property at 20 Sinkinson Road, Mt Torrens, for market value plus all other fees, charges and GST that may be applied. A Land Management Agreement be entered into with consideration to be given to limiting the mature height of trees at the start of the unmade road and to planting fire resistant native trees on the southern boundary.
4. To authorise the Mayor and Chief Executive Officer to finalise and sign all necessary documentation to close and sell the above portion of closed road.
12/07/2016 SPDPC 29/16 MON - Woodforde Road and Reserve Peter Bice In Progress 30/04/2018 Council staff are currently working with the developers in Naming 1. Staff pursue, with the developer, the inclusion of indigenous regard to final reserve designs and will then meet on site names within Hamilton Park and in relation to future stages with the Kaurna Elders to consider the appropriate 2. A progress report be made to Council or the Strategic naming. Planning & Development Policy Committee within 3 months
26/07/2016 Ordinary Council 133/16 Future of Harms Avenue Birdwood Terry Crackett In Progress 31/12/2017 Initial investigations undertaken to confirm any That the CEO investigates the future of Harms Avenue East of encroachments onto Harms Road with none detected. Wegener Road Birdwood , including consultation with Has been discussed with Property Advisory Group, adjoining land owners and DPTI and provides a report to difficulty in closing the road for sale to adjoining land Council /SPDPC by December 2016 owners unless all land owners are in agreement. Investigations to determine if there are any DA or other restrictions on access from the Main Road to be undertaken. Road Officer commenced on 6 November and will progress this item.
15/08/2016 Audit Committee 37 ICT Security Assessment Action Terry Crackett In Progress 4/12/2017 Upon internal review it is agreed this IT Security Audit Implementation Update - Period of That the report, related attachments, the minutes of report have its confidental status removed and be Confidentiality Committee and the discussion of the published. subject matter be retained in confidence untilICT Security Risk Assessment actions have been addressed 23/08/2016 Ordinary Council 163/16 Piccadilly CFS Relocation Terry Crackett In Progress 31/12/2017 DA has been lodged by CFS and is being assessed by DAC 2. To delegate to the Chief Executive Officer , following and the relevent authorities. DPTI have raised concerns consultation with the CFS, to determine the area of the portion about the traffic imnplications and amended plans of Atkinson Reserve to be used as the site of the Proposed CFS prepared. Council has provided its approval to DPTI. Location 3. To commence a community consultation process, for a minimum period of 21 clear days in accordance with AHC’s public consultation policy, in relation to the proposed: 3.1 amendment of the Community Land Management Plan for that portion of Atkinson Reserve identified as the Proposed CFS Location from the current Category 4 Recreation and Sport to Category 6 – CFS 3.2 lease to the CFS for use as a CFS station (the proposed term being 21 years with an option to renew for another 21 years) of the Proposed CFS Location 3.3 road closure of an area of unmade road reserve adjacent to Atkinson Reserve as identified in Appendix 2 (“Road Closure Land”) to provide overflow car-parking for both the CFS station and users of Atkinson Reserve 3.4 the adoption of a community land management plan for the Road Closure Land for use as car parking conditional upon the Council issuing a Road Process Order 4. That Council’s approval (as land owner) be given to the CFS to submit a Development Application for the construction of a fire station on the Proposed CFS Location noting that a Development Approval is conditional upon: • Council resolving to amend the Community Land 27/09/2016 Ordinary Council 183/16 MON Undergrounding Power in Gumeracha Management Plan as detailed in 2.1 above Peter Bice In Progress 30/06/2018 Follow up discussions held with State Government 1. That the Chief Executive Officer, after consultation with Agency. Further discussions with the Power Line Gumeracha Community Association or its representatives, Environment Committee (PLEC) have demonstrated explore the potential for under grounding the power lines in willingness to consider the project as a potential inclusion the main street (Albert Street), Gumeracha with the Power for 2020/21. We we look to include in Year 3 of the Capital Lines Environment Committee (PLEC), and report to council on Program to be developed as part of the 2018/19 Annual or before 31 March 2017. Busines Plan. 2. That the outcomes of the investigation be considered as part of the normal budgetary processes for the future Capital Works Programs
25/10/2016 Ordinary Council 220 CWMS Expression of Interest – Period of Marc Salver Not Started Retain in confidence. CWMS Expression of Interest Confidentiality That the report, related attachments and the minutes of process still being progressed Council and the discussion and considerations of the subject matter be retained in confidence until 31 December 2017 except public statements which outline the rationale and process for seeking a review of options related to Council's CWMS 7/12/2016 Special Council 267/16 Woorabinda Bushland Reserves Heritage Peter Bice In Progress 30/06/2018 The Woorabinda Heritage Agreement applications are in Agreement 2. That the Chief Executive Officer, or delegate, be authorised draft, the process for application is now underway. to commence discussions with DEWNR in regard to entering into individual Heritage Agreements, over the following Council properties: a. Council owned land located at 9 Woorabinda Drive, Stirling (Woorabinda) described in Certificate of Title 5292 Folio 381 b. Council owned land located at 9 Ethel Street , Stirling (Stirling Park) described in Certificate of Title 5315 Folio 98 c. Council owned land located at 71 Longwood Road, Heathfield (Hender Reserve) Certificate of Title 5753 Folio 715 d. Council owned land located at 34 Madurta Avenue, Aldgate (Madurta Reserve) described in Certificate of Title 5902 Folio 219 3. That following the assessment by DEWNR, a further report be brought back to Council prior to approval to enter into the Heritage Agreements
13/12/2016 Ordinary Council 281/16 Piccadilly CFS Relocation Terry Crackett In Progress 22/12/2017 DA has been lodged and is under assessment by DAC and 2. Pursuant to s202 of the Local Government Act 1999, a lease the various relevent authorities. Refer 163/16 resolution be granted to the CFS for the portion of Atkinson Reserve identified as “Proposed Lease Area” in the plan attached as Appendix 1 for a term of 21 years with a right of renewal for a further 21 years subject to the following conditions: a. lease terms being substantially in accordance with and consistent with other leases of Council land to the CFS b. receipt of development approval for the construction of a station building substantially in accordance with the building plan attached as Appendix 1 c. partial surrender of the existing lease from the Piccadilly Valley Community Recreation Centre (PVCRC) 3. Subject to a lease being granted under item 2 above, the Community Land Management Plan for Atkinson Reserve be amended to reflect that the use of that portion of the land identified as Proposed Lease Area in Appendix 1 is changed from Category 4 Recreation & Sport Facilities to Category 6 CFS Purposes. 4. The CEO and Mayor be authorised to sign all necessary documentation to give effect to this resolution.
24/01/2017 Ordinary Council 7/17 Cromer Cemetery Revocation of Community Terry Crackett In Progress 22/12/2017 DEWNR have requested that the revocation be put on Land a report be prepared and submitted to the Minister for Local hold whilst they investigate the requirements to alter the Government seeking approval for the revocation of the trust affecting the land and undertake an assessement of community land classification of a portion of the land the native vegetation on the land, this is likely to take contained in Certificate of Title Volume 5880 Folio 219 some months. identified in red on the plan attached as Appendix 1. 24/01/2017 Ordinary Council 10/17 Tolmer Road CWMS Easements Terry Crackett In Progress 31/12/2017 Easement for 4 Gale Street has been completed. resolution no. 1 of B177/2010 of 6 July 2010 be rescinded. Easement for 8 Tolmer Road has been completed.. Consideration for the creation of the CWMS easements be Land owner of 2 Gale Street has not responded to any paid to the affected land owners as follows: requests to sign and return easement documentation. a. 2 Gale Street $8,600 Refer resolution B177/10 b. 4 Gale Street $8,700 c. 8 Tolmer Road $10,060 3. The Mayor and CEO be authorised to sign all necessary documents to effect the grant of easements.
28/02/2017 Ordinary Council 53/17 Community Wastewater Management Marc Salver In Progress 30/06/2018 Retain in confidence. CWMS Expression of Interest Systems Review – Period of Confidentiality That the report, related attachments and the minutes of process still being progressed Council and the discussion and considerations of the subject matter be retained in confidence until 30 June 2018
28/03/2017 Ordinary Council 64/17 Traffic Assessment August St Birdwood Peter Bice Completed Works completed. 2. That the attached Traffic Assessment from VISIONTT be received. 3. That the recommendations in the Traffic Assessment be implemented in 2016/17 as a Budget Review 3 item
28/03/2017 Ordinary Council 71/17 Celebrating 20 Years of AHC That in recognition of the 20th anniversary of the formation of David Waters In Progress 31/01/2018 The art exhibition and prize was opened on 24 November the Adelaide Hills Council, and subject to confirmation of 2017. funding as part of the budget setting process, the following initiatives be planned for the second half of 2017: The Special Council Meeting was held on 21 November at a. A Special Council Meeting, to be held at Lobethal Bushland Lobethal Bushland Park. Park (the site of the first meeting of the newly formed Adelaide Hills Council), with a plaque unveiled to recognise the site and Playford Trust Scholarship will be promoted in Q4 2017. the first Council Members. b. A casual function, to which former Council Members of the The honour roll concept being developed is based on an Adelaide Hills Council and the antecedent councils are invited, online gallery of past winners of the Citizen, Young Citizen to be held in conjunction with the Special Council Meeting, and Community Event of the Year awards. Each winner's with local history groups invited to make a short presentation. profile will include a photo and brief citation. Civic Award c. A once-off community art exhibition be held for people winners will also be listed. Expected launch - Australia Day resident or active in the Adelaide Hills Council community, at a 2018. location generally central to the Hills, with an acquisitive prize to be awarded to the winner in commemoration of the anniversary. d. The Council’s Playford Trust Scholarship be promoted as a 20th anniversary scholarship, with an emphasis on awarding it to a local young person pursuing further study, who has demonstrated community involvement and who has future leadership potential. e. Low-key amendments to branding and communication elements to recognise the 20 year anniversary for the remainder of 2017. f. Investigate an honour roll for identifying Adelaide Hills Council Citizens of the Year 3. That the Chief Executive Officer is authorised to make final 26/04/2017 Ordinary Council 84/17 Arts & Heritage Hub David Waters In Progress 28/02/2018 A consultant has been appointed (via a selected quotation 1. That Council receives and notes the Arts and Heritage Hub process) to undertake this work, which is now underway. Report produced by the Task Group as contained in Appendix Due to be workshoped with Council Members in January 2. with a report to Council in February 2018. 2. That the Council notes the aspirations and goals as communicated by the community through the consultation Activation proceeds in earnest however, with a recent process and interpreted by the appointed task group, and youth art exhibition and 2 x SALA events involving both adopts them as the vision for the Arts and Heritage Hub. the museum group and H.Art. 3. That a suitably qualified consultant with expertise in the area of heritage and arts planning be engaged to develop a Business Plan for the evolution of the Arts and Heritage Hub in line with the vision, which accommodates the identified heritage and arts outcomes and incorporates: • Short, medium and long term goals • Optimum use of space • Community capacity building • Program and exhibition planning • Financial viability and modelling ongoing costs. 4. That the Business Plan be referred back to the Council for consideration prior to further funding commitments or significant decisions being made. 5. That while the Business Plan is being developed, considered and implemented, activation of the Arts and Heritage Hub site continues, with uses compatible with the vision for the site. 6. That the members of the Task Group appointed to undertake community engagement and develop a vision for the Arts and Heritage Hub be thanked and commended for 26/04/2017 Ordinary Council 94/17 Road Safety Berry Hill Road Kenton Valley their efforts. Peter Bice Completed Works are completed. 2. Council approves the recommendations of the recent traffic assessment and undertakes the recommended safety improvements on a section of Berry Hill Road, Kenton Valley in 2016/17 at a cost of approximately $2,000
23/05/2017 Ordinary Council 110/17c Green Organics Service Review Marc Salver In Progress 31/12/2017 Report to Council in December 2017 seeking resolution to That Council Administration in conjunction with East Waste release draft Policy for community consultation. complete a review of commercial green organics services and the green bin service as a whole and this review, along with an updated Waste, Recycling and Green Organics Policy be presented to Council in August 2017.
13/06/2017 SPDPC SP24/17b Liquor Licensing Policy Review Implement policies and commence any actions, such as Marc Salver Completed 28/07/2017 Implementation of the Committee's resolution has been development or roll out of procedures, notification to staff completed and updated Policy is available on Council's and/or staff training and community awareness (including website public notification, gazetting, etc.) if required.
13/06/2017 SPDPC SP26/17b Revocation of Recreational Use of Council Peter Bice Completed 31/12/2017 Completed. Reserves & Public Space Policy Implement policies and commence any actions, such as notification to staff and/or staff training and community awareness (including public notification, gazetting, etc.) if required. 27/06/2017 Ordinary Council 131/17 CEO Performance Review 2017 - Internal Andrew Aitken Completed 21/11/2017 Review has been completed. Decision of Council on Process To undertake the 2017 CEO performance review using the performance review was made on Tuesday 28/11/2017. internal process proposed in Appendix 1 with the CEO Performance Review Panel members as the reviewers. 27/06/2017 Ordinary Council 138/17 Review of Rating Policy re Differential Rate Terry Crackett In Progress 24/04/2018 The review of Rating Policy for 2018/19 will commence for Commercial Property That Council consider as part of its review of the Rating Policy later this financial year. This review will consider the the appropriateness of the current higher differential rate for appropriateness of the current higher differential rate for commercial property. commercial property and be presented to the Annual Business Plan and Budget Workshop currently proposed for April 2018
25/07/2017 Ordinary Council 155/17 Reserve Gifting Proposal - Dunnfield Estate, Peter Bice In Progress 30/03/2018 In the process of drating a maintenance agreemeent to Mt Torrens Subject to the approval of the land division variation work through with the Developer. application 473/D38/2011 by the Development Assessment Commission and the required Council engineering approvals for the infrastructure, being obtained: 1. That council accepts from Paul & Michele Edwards (the Developer), the donation of additional reserve land as described in Appendix 6 – Amended Plan of Division rev K dated 16.06.2017 Agenda Item 14.1, subject to the following conditions: The Council specified construction standards are metThe cost of all works are to be met by the DeveloperThe Developer enters into a legally binding Landscape Maintenance Agreement to agreed maintenance standards for a period of ten (10) yearsThe landscaping works are completed within two (2) years from the date of final approval.
2. That, in the event that there is a dispute between the Council and the Developer, the dispute is referred to an Independent Arbiter for resolution, with costs being shared equally by the parties.
25/07/2017 Ordinary Council 156/17 Adelaide Hills (War Memorial) Swimming Peter Bice Completed 28/11/2017 Report was provided to Council in November 2017, and Centre Options Paper That Council delegates to the CEO to further investigate further direction provided. options 3, 4, and 5 with Mount Barker Council and the Adelaide Hills (War Memorial) Swimming Centre Committee; and that investigations be reported back to Council by the November Council meeting.
25/07/2017 Ordinary Council 157/17 Sport & Recreation Facility Grants - Peter Bice In Progress 28/08/2018 Guidelines will be reviewed by 31 August 2018. Guidelines Review To adopt the Sport and Recreation Facility Grant Guidelines as contained in Appendix 1 To authorise the Chief Executive Officer to make any formatting, nomenclature or other minor changes to the Guidelines during the period of its currency The CEO review and report on the Guidelines by the 31 August 2018. 25/07/2017 Ordinary Council 159b/17 Lobethal Recreation Ground - Transfer of Terry Crackett In Progress 30/11/2017 Draft contract and transfer documents have been Land That the Subject Land be transferred to the Lobethal Recreation provided to LRGSCI for review. Ground Sports Club Inc (LRGSCI) for the consideration of one LRGSCI have advised that they want to get planning (1) dollar subject to the following: approval for the boundary realignment before they Each party meeting their own costs and expenses for the complete the transfer transaction. transfer LRGSCI granting the Council a first right of refusal to repurchase the land for one (1) dollar should the Subject Land cease to be owned by the LRGSCI and/or used for community recreation purposes LRGSCI be responsible for the day to day maintenance and cleaning of the public toilets and public playground and associated infrastructure to the standard required by Council The LRGSCI, if requested, grant a long term lease to Council for the area identified in Appendix 7 for one (1) dollar per annum The LRGSCI granting the Council a long term licence over the site of the public toilets and public playground for the purposes of structural maintenance, audit and insurance. The Mayor and CEO be authorised to sign all necessary documents to effect the Transfer of the Subject Land.
8/08/2017 SPDPC SP39/17 Update on Primary Production Lands DPA Marc Salver In Progress Council has been assigned a DPTI Transition Manager and That as a result of the implementation of the new planning staff are working with him to prepare a Collaborative reforms and the introduction of the Planning, Development & Work Program regarding the development of the Planning Infrastructure Act 2016 , Council supports staff working with & Design Code and will provide further updates as this DPTI to prepare the Rural Planning Policy element of the work progresses in 2018 Planning & Design Code in a manner consistent with the issues and investigations outlined in the second Statement of Intent for the Primary Production Lands DPA That reports be prepared for future SPDPC meetings as milestones are reached and notable work is released for comment.
8/08/2017 SPDPC SP42/17 Public Liability Insurance for Community Terry Crackett In Progress 22/12/2017 Council staff to meet with LGRS to discuss options for Owned & Managed Halls That the costs of public liability insurance for community public libaility insurance on 13 October. owned and managed halls be referred to the Chief Executive Subject to any further investigations required, a report will Officer for consideration with the preparation of the then be prepared for presentation to Council. Community and Recreation Facilities Framework. 22/08/2017 Ordinary Council 188/17 Code of Conduct Complaint - Cr Val Hall Terry Crackett In Progress 12/12/2017 A letter advising the outcome has been sent to Cr Hall. To note that having investigated the alleged breach of the Council Member Conduct Policy (incorporating the Code of Conduct for Council Members), the Local Government Governance Panel finds that Cr Val Hall has breached clause 2.2 of the Code of Conduct for Council Members and clauses AH1, AH3, AH5 of the Council Member Conduct Policy. To take no action against Cr Hall for an alleged breach of Part 2.5 of the Code (and associated Council Member Conduct Policy). To request that Cr Val Hall make a public apology for breaching clause 2.2 of the Code of Conduct for Council Members and clauses AH1, AH3, AH5 of the Council Member Conduct Policy.
26/09/2017 Ordinary Council 205/17 Rural Property Addressing Peter Bice In Progress 27/03/2018 Council are working with TTG to consult on proposed That, in consultation with the City of Tea Tree Gully and Rural Property Adressing being provided on the stated affected residents, the Chief Executive Officer provides a report roads. by 27 March 2018 on the proposal submitted by residents, that Rural Property Addresses be provided to properties on Range Roads North and South, Upper Hermitage and Churchett Road Paracombe, being boundary roads between the City of Tea Tree Gully and the Adelaide Hills Council.
26/09/2017 Ordinary Council 206/17 Multicultural Action Plan David Waters In Progress 31/12/2017 Final design and publication underway. That the draft Multicultural Action Plan 2017-2020, as contained in Appendix 1 be adopted. To delegate to the Chief Executive Officer the discretion to make any non-significant grammatical and/or content changes to the draft Multicultural Action Plan 2017-2020 for publication purposes. 26/09/2017 Ordinary Council 207a/17 Heritage Agreement Reports - Woorabinda Peter Bice In Progress 30/06/2018 The Woorabinda Heritage Agreement applications are in Bushland Reserves 1. That Heritage Agreements be entered into between the draft, the process for application is now underway. Council and the Minister for Sustainability, Environment and Conservation pursuant to section 23(5) of the Native Vegetation Act 1991 for the conservation, management and protection of native flora and fauna in relation to the following properties:Council owned land located at 9 Woorabinda Drive, Stirling (Woorabinda) described in Certificate of Title 5292 Folio 381Council owned land located at 9 Ethel Street, Stirling (Stirling Park) described in Certificate of Title 5315 Folio 98Council owned land located at 34 Madurta Avenue, Aldgate (Madurta Reserve) described in Certificate of Title 5902 Folio 219
26/09/2017 Ordinary Council 207b/17 Heritage Agreement Reports - Woorabinda Peter Bice In Progress 30/06/2018 Existing dog access arrangements within a Heritage Bushland Reserves That the Heritage Agreements retain the existing Dog Access Agreement will be requested during HA application. The Arrangements currently in place in each of those properties. implementation of legislation to sit with Health and That the Heritage Agreements be registered with the Lands Regulatory Services and Lands Title Office registration for Titles Office pursuant to section 23b of the Native Vegetation AHC Property action. Act 1999. 26/09/2017 Ordinary Council 207c/17 Heritage Agreement Reports - Woorabinda Peter Bice In Progress 30/06/2018 Community Land Management Plan review and update is Bushland Reserves That the Community Land Management Plans for the above in readiness. On receipt of Heritage Agreement properties be reviewed and updated to reflect the provisions of notification over the Woorabinda Bushland Reserves, we the Heritage Agreements including community consultation will then initiate the CLMP review and the CEO to then (where necessary) as required under section 197 of the Local authorise (sign) as required. Government Act 1999. That the Chief Executive Officer be authorised to sign all necessary documentation to effect this resolution.
26/09/2017 Ordinary Council 207d/17 Heritage Agreement Reports - Woorabinda Peter Bice In Progress 27/03/2018 A separate Council report will be provided following Bushland Rerserves That a separate report be brought back to Council in relation to clarification on the Heritage Application process in respect a Heritage Agreement for the land under the care, control and to the Crown Land status of Hender Reserve. management of Council located at 71 Longwood Road, Heathfield (Hender Reserve) in Crown Record 5753 Folio 715 following receipt of further advice from the Land Titles Office and Native Vegetation Branch of the Department of Environment, Water and Natural Resources regarding the dedicated purpose of the land and options for registration of the Heritage Agreement over Crown Land.
26/09/2017 Ordinary Council 209/17 Road Realignment - Bonython Road Terry Crackett In Progress 22/12/2017 Required documentation being drafted for signing by both Summertown To purchase the area of land being 105m2 identified in red on parties including road widening plan for lodgement at the the plan attached as Appendix 1 from Linda Marie Ferrari for Lands Titles Office. the consideration of $2,000 (excl. GST) plus all reasonable costs to vest as public road. That the Mayor and CEO be authorised to sign all necessary documentation to effect this resolution. 26/09/2017 Ordinary Council 210b/17 Establishment of Council Assessment Panel Marc Salver Completed 1/10/2017 The newly appointed CAP commenced on 1/10/17 (CAP) and appointment of Independent To appoint Professor Stephen Hamnett as the Presiding Panel Members Member of the Council Assessment Panel (CAP) for term commencing 1 October 2017 and ending 31 May 2019 inclusive, or a shorter period should Professor Hamnett not be able to achieve the required accreditation under the Planning Development and Infrastructure Act 2016 by the date prescribed. To appoint Rob McBryde and Simon Bradley as Independent Members of the Council Assessment Panel (CAP) for a term commencing 1 October 2017 and ending 31 May 2019 inclusive, or a shorter period should the aforementioned members not be able to achieve the required accreditation under the Planning Development and Infrastructure Act 2016 by the date prescribed. To appoint the following Council Member as a Deputy Council Member to the Council Assessment Panel (CAP) Cr John Kemp. The Council Members appointed to CAP, as either a Member or Deputy Member be appointed for a term commencing 1 October 2017 and ending at the completion of their current term of Council. 26/09/2017 Ordinary Council 210c/17 Establishment of Council Assessment Panel Marc Salver Completed 1/10/2017 New sitting fees commenced on 1 October 2017 and are (CAP) and appointment of Independent The Independent Members of CAP be paid a sitting fee as paid quarterly to Independent Members in accordance Panel Members follows: with Council's resolution Independent Presiding Member $500 (Excl. GST) per meetingOther Independent Members $380 (Excl. GST) per meetingFor training outside of a CAP meeting $75 per hour of training attended excluding travel time but with a travel allowance being paid at the standard Council rate.That in the event that another Panel Member is required to preside at a meeting in the absence of the Presiding Member, then that Independent Member shall receive the $500 (excl GST) sitting fee for that meeting.The above mentioned sitting fees be reviewed prior to the next appointment of Independent members to CAP or in mid-2019 whichever occurs first.
26/09/2017 Ordinary Council 215b/17 Membership of Audit Committee Terry Crackett Completed 23/01/2018 Recruitment has commenced with advertisments placed in To commence a recruitment process for the selection of The Courier and Weekender Herald and on SEEK and the Independent Members for the Audit Committee for two (2) LGA job site terms of twenty-four (24) months and one (1) term of thirty-six (36) months, commencing 1 December 2017.
26/09/2017 Ordinary Council 215c/17 Membership of Audit Committee Terry Crackett In Progress 23/01/2018 Candidates will be advised at the time of enquiry (i.e. prior Under Section 72, to determine that Chapter 5, Part 4, Division to the lodgement of expressions of interest) or at the 2 of the Local Government Act 1999 regarding the Register of booking of an interview time. Interests applies to Audit Committee Independent Members from the commencement of the next membership term.
26/09/2017 Ordinary Council 215/17 Membership of Audit Committee Terry Crackett In Progress 11/12/2017 Panel to be convened at close of EOI period. To appoint Cr John Kemp and Cr Jan Loveday as members of the Audit Committee Independent Member Selection Panel.
26/09/2017 Ordinary Council 218a/17 CEOPRP Recruitment Independent Member Terry Crackett Completed 23/01/2018 Recruitment has commenced with advertisments placed in To commence a recruitment process for the selection of an The Courier and Weekender Herald and on SEEK and the Independent Member of the Panel for a term of thirty-six (36) LGA job site months. 26/09/2017 Ordinary Council 225/17 Supporting the Arts David Waters In Progress 31/12/2017 Information has been sought from MBDC. Expected to be That Appendix 2 of the AHC Role in Supporting the Arts be circulate to Council Members in mid-Dec 17. updated to incorporate Mt Barker District Council's activities in the Arts. 26/09/2017 Ordinary Council 226/17 Supporting the Arts Action Plan David Waters In Progress 31/03/2018 That a report come back to Council with an Action Plan in Supporting the Arts by the Council meeting in March 2018.
26/09/2017 Ordinary Council 234/17 CWMS Review Update - Period of Marc Salver In Progress 26/09/2018 Report, related attachments and the minutes of Council Confidentiality An order be made that the report, related attachments and the held in confidence. minutes of Council and the discussion and considerations of the subject matter be retained in confidence until 26 September 2018. 26/09/2017 Ordinary Council 211b/17 Asset Management Policy Peter Bice Completed
Implement policy and commence any actions, such as development or roll out of procedures, notification to staff and/or staff training and community awareness (including public notification, gazetting, etc.) if required.
26/09/2017 Ordinary Council 218b/17 CEOPRP Recruitment Independent Member Terry Crackett In Progress 11/12/2017 Candidates will be advised at the time of enquiry (i.e. prior Under Section 72, to determine that Chapter 5, Part 4, Division to the lodgement of expressions of interest) or at the 2 of the Local Government Act 1999 regarding the Register of booking of an interview time. Interests applies to CEO Performance Review Panel Independent Member from the commencement of the next membership term. 26/09/2017 Ordinary Council 218c/17 CEOPRP Recruitment Independent Member Terry Crackett In Progress 11/12/2017 Panel to be convened at close of EOI period. To appoint Cr Ian Bailey and Cr Jan Loveday as members of the CEO Performance Review Panel Independent Member Selection Panel 24/10/2017 Ordinary Council 241/17 Draft Dog and Cat Animal Management Plan That the Draft Dog and Cat Animal Management Plan 2018- Marc Salver Completed 31/12/2017 Document forwarded to the Dog and Cat Management 2018 - 2022 2022 contained within Appendix 1 of this report be adopted Board. with the addition of the words 'moderate and high biodiversity value precincts' for Woorabinda Bushland Reserves on page 49 of Plan.That the Dog and Cat Animal Management Plan 2018- 2022 be forwarded to the Dog and Cat Management Board for approvalThat the Chief Executive Officer be authorised to make any formatting or non-significant grammatical and/or content changes to the Draft Dog and Cat Animal Management Plan 2018-2022 for publication purposes during the period of its currency
24/10/2017 Ordinary Council 242/17 Mobile Food Vending Businesses Marc Salver Not Started 1/03/2018 Awaiting confirmation the Local Government (General) That community and stakeholder engagement in relation to (Mobile Food Vendors) Variation Regulations 2017 are Council’s location rules commence once the Local Government confirmed as final. (General) (Mobile Food Vendors) Variation Regulations 2017 are confirmed as final. The community and stakeholder engagement include: Seeking input from those residents and food businesses located near the preliminary locations proposed in the Mobile Food Vending Businesses report for the operation of Mobile Food Vending BusinessesSeeking input and feedback from business associations and local markets and community events identified by the CEO to inform development of Council's location rulesUndertaking community wide engagement to obtain input and feedback to inform development of Council's location rules 24/10/2017 Ordinary Council 242/17 Mobile Food Vending Businesses Marc Salver Not Started 1/03/2018 Awaiting confirmation the Local Government (General) 1. In the event that the draft Local Government (Mobile Food Vendors) Variation Regulations 2017 are (General) (Mobile Food Vendors) Variation Regulations 2017 confirmed as final. change substantially to a point determined by the CEO where the preliminary proposed locations outlined in this Mobile Food Vending Businesses report are no longer suitable for the operation of Mobile Food Vending Businesses, the CEO be delegated to:Identify alternative preliminary locations for the community engagement process proposed by the Mobile Food Vending Businesses report for the purposes of Council's location rules. 2. Following completion of the community and stakeholder engagement, a further report be provided to Council outlining the results of the engagement undertaken and make recommendations in relation to adoption of location rules
24/10/2017 Ordinary Council 245/17 Elector Representation Review – Terry Crackett In Progress 14/12/2017 Report lodged with the Electoral Commission SA on 10 Submissions Report and Determination Refer minutes November 2017. ECSA advised 30/11 that report has been certified. Gazettal of the certification scheduled for w/b 11/12. 24/10/2017 Ordinary Council 246/17 Road Closure and Disposal – Schapel Road, To make a Road Process Order pursuant to the Roads (Opening Terry Crackett In Progress 31/03/2018 Draft Land Management Agreement is being prepared for Lobethal & Closing) Act 1991 to:close and merge the land identified as review by both parties. “A" in Preliminary Plan No 16/0020 (Appendix 3 ) with Surveyor has been instructed to prepare final plan and Allotment 28 in Filed Plan No 155743 comprised in Certificate road process order. of Title Volume 5502 Folio 372create an easement for transmission of electricity in favour of Distribution Lessor Corporationcreate a free and unrestricted right of way in favour of Allotment 13 being the land in CT Volume 5502 Folio 373accept consideration in the amount of $40,000 (excl. GST) as detailed in Appendix 3 of this report.The issuing of the Road Process Order is subject to:Boral Resources (SA) Ltd agreeing to enter into a Land Management Agreement with Council for the preservation of the native vegetation for the protection of native flora and fauna on the areas identified in the report attached as Appendix 7 which is to be lodged with the Land Titles Office in conjunction with the Road Process Order.Boral Resources (SA) Ltd paying all fees and charges associated with the road closure process.The closed road be excluded as Community Land pursuant to the Local Government Act 1999 .To authorise the Chief Executive Officer (or delegate) to finalise and sign all necessary documentation to close and sell the above portion of closed road pursuant to this resolution.
24/10/2017 Ordinary Council 247/17 Stirling Market Traffic Control Peter Bice Completed Included in BR 1 Review as per the resolution. That an allocation of $90,000 to undertake the installation of vehicle security barriers be considered as part of Budget Review 1 24/10/2017 Ordinary Council 248/17 Age Friendly Community Strategic Plan That the Draft Age Friendly Community Strategic Plan as David Waters In Progress 31/12/2017 Final design underway. contained in Appendix 1 be adopted.That the Chief Executive Officer be authorised to make any formatting or non-significant grammatical and/or content changes to the Draft Age Friendly Community Strategic Plan for publication purposes during the period of its currency.
24/10/2017 Ordinary Council 249/17 Future of Hills Voice Magazie David Waters In Progress 31/12/2017 Final edition of Hills Voice delivered late November/early Following the December 2017 edition, that Hills Voice December and includes information about how to get hardcopy be discontinued and that alternative communication information from Council in future. methods be pursued including:A campaign through Adelaide Hills Council website, service centres, e-news and other channels to encourage opt-in to the monthly Hills Voice eNewsIncreased advertising in local newspapersIncreased focus on provision of printed material through Libraries, Service Centres, Post Offices and other outletsIncreased engagement through My Local Services App Targeted communication campaigns to mature age and disadvantaged residents.
24/10/2017 Ordinary Council 250/17 DEWNR Fuel Reduction on Private Lands Peter Bice In Progress 31/05/2018 Following Council's endorsement of DEWNR’s Strategic Program That DEWNR’s Strategic Fuel Reduction program is approved Fuel Reduction program on the 24/10/2017, the ongoing for the Adelaide Hills Council region program has since been implemented, with prescribed burns being completed at Heathfield Stone Reserve on the 10/10/2017 and the Crafers West site on the 9/11/2017. Booth burns were successful according to the DEWNR Fire Management Unit. Additional AHC sites will be programed for spring 2018.
24/10/2017 Ordinary Council 254/17 Boral Quarry, Lobethal – Impact on Ground Terry Crackett Completed Letter sent to DEWNR 4.12.2017 That Council requests DEWNR to monitor bores within the vicinity of the Boral Quarry at Lobethal including adjacent properties in particular the water levels and water quality to address community concerns about the quarry’s impact on ground water 24/10/2017 Ordinary Council 261/17 Sale of Land at Adelaide Hills Business and Terry Crackett In Progress 30/06/2018 Tourism Centre - CONFIDENTIAL ITEM As per confidential minute
6/11/2017 Audit Committee AC49/17 Policy Reviews Terry Crackett Completed 28/11/2017 The draft Debt Recovery Policy was presented to Council Recommend the draft Debt Recovery Policy to Council for for adoption on 28 November 2017, together with the adoption, with minor amendment to provide clarity around recommendation for the Account Reconciliation Policy to application for 'Hardship'. be be revoked. Recommend to Council that the Account Reconciliation Policy be revoked and be incorporated into Council's financial control procedures 8/11/2017 CEO Performance CEO22/17 CEO Performance Review 2017 - period of Andrew Aitken In Progress 15/12/2017 Correspondence being drafted to advise CEO of Council Review Panel confidentiality Subject to the CEO, or his delegate, disclosing information or decision. any document (in whole or in part) for the purpose of implementing the Panel's decision(s) in this matter in the performance of the duties and responsibilities of office, the Panel, having considered at Agenda Item 10.1 in confidence under sections 90(2) and 90(3)(a) of the Local Government Act 1999 , that an order be made under the provisions of sections 91(7) and (9) of the Local Government Act 1999 that the report, related attachments and the minutes of the Panel and the discussion and considerations of the subject matter be retained in confidence until the CEO has been advised in writing, but not longer than 1 month from the date of the decision of Council. Pursuant to section 91(9)(c) of the Local Government Act 1999, the Panel delegates the power to revoke the confidentiality order to the Chief Executive Officer, or his sub-delegate.
8/11/2017 CEO Performance CEO25/17 2017 CEO Remuneration Review - period of Andrew Aitken In Progress 15/12/2017 Correspondence being drafted to advise CEO of Council Review Panel confidentiality Subject to the CEO, or his delegate, disclosing information or decision. any document (in whole or in part) for the purpose of implementing the Panel's decision(s) in this matter in the performance of the duties and responsibilities of office, the Panel, having considered at Agenda Item 10.2 in confidence under sections 90(2) and 90(3)(a) of the Local Government Act 1999, that an order be made under the provisions of sections 91(7) and (9) of the Local Government Act 1999 that the report, related attachments and the minutes of the Panel and the discussion and considerations of the subject matter be retained in confidence until the CEO has been advised in writing, but not longer than 1 month from the date of the decision of Council. Pursuant to section 91(9)(c) of the Local Government Act 1999 , that the Panel delegates the power to revoke the confidentiality order to the Chief Executive Officer, or his sub- delegate.
14/11/2017 Special Council 263/17 Buffers Policy Marc Salver Completed Adopted Council policy has been placed on Council’s Implement policy and commence any actions, such as website development or roll out of procedures, notification to staff and/or staff training and community awareness (including public notification, gazetting, etc.) if required.
14/11/2017 Special Council 264/17 Code of Practice for Access to Council Terry Crackett Completed Following adoption this Policy has been uploaded on Committee & Designated Informal Gathering With an effective date of 28 November 2017, to revoke the 13 Council's website and the policy register has been Meetings & Documents October 2015 Code of Practice for Access to Council and updated. Council Committee Meetings & Documents and to adopt the revised Code of Practice for Access to Council, Council Committee and Designated Informal Gathering Meetings & Documents in Appendix 1.
14/11/2017 Special Council 265/17 Management of Built Heritage Policy Marc Salver Completed Following adoption this Policy has been uploaded on With an effective date of 28 November 2017, to revoke the 12 Council's website and the policy register has been April 2016 Management of Built Heritage Policy and to adopt updated. the Management of Built Heritage Policy, as contained in Appendix 1 14/11/2017 Special Council 266/17 Order Making Policy Marc Salver Completed Policy updated as per resolution and implemented. Policy adopted with the inclusion of provisions relating to undertaking emergency work on private land as contemplated in the report.
Implement policy and commence any actions, such as development or roll out of procedures, notification to staff and/or staff training and community awareness (including public notification, gazetting, etc.) if required.
14/11/2017 Special Council 266/17 Order Making Policy Marc Salver Completed Following adoption this Policy has been uploaded on With an effective date of 28 November 2017, to revoke the 26 Council's website and the policy register has been August 2014 Order Making Policy and to adopt the Order updated. Making Policy, as contained in Appendix 1 with the inclusion of provisions relating to undertaking emergency work on private land as contemplated in the report.
14/11/2017 Special Council 268/17 Review of Advisory Groups Terry Crackett In Progress 27/02/2018 Further consultation occurring with Council Members, ELT To cease the Hills Voice Reference Panel and AG EOs. Nominations for Australia Day awards to be assessed only by staff and a report for decision to come to Council Any grant applications currently considered by advisory groups will be assessed only by staff and a report for decision to come to Council To 'in principle' retain Council and Community/Independent Members on Advisory Groups That the Chief Executive Officer prepares a report for the Council's consideration at a future meeting regarding the appropriateness of the current governance arrangements for the Advisory Groups including, but not limited to, whether they would benefit from an alternate structure (such as a s41 Committee), a revised Terms of Reference in their current form, or to be ceased.
14/11/2017 Special Council 268/17 Review of Advisory Groups David Waters Completed 12/12/2017 Assessment done 4/12/17 and report coming to Council To cease the Hills Voice Reference Panel on 12/12/17. Nominations for Australia Day awards to be assessed only by staff and a report for decision to come to Council
14/11/2017 Special Council 263/17 Buffers Policy Marc Salver Completed Following adoption this Policy has been uploaded on With an effective date of 28 November 2017, to revoke the Council's website and the policy register has been Buffers Policy adopted on 9 December 2014 and to adopt the updated. Buffers Policy, as contained in Appendix 1 with the retention of the intent of the second sentence in paragraph 2 of the introduction of the policy.
14/11/2017 Special Council 264/17 Code of Practice for Access to Council Terry Crackett Completed 30/11/2017 Policy posted on website. Committee & Designated Informal Gathering Implement policy and commence any actions, such as Meetings & Documents development or roll out of procedures, notification to staff and/or staff training and community awareness (including public notification, gazetting, etc.) if required. 14/11/2017 Special Council 265/17 Management of Built Heritage Policy Marc Salver Completed Adopted Council policy has been placed on Council’s Implement policy and commence any actions, such as website development or roll out of procedures, notification to staff and/or staff training and community awareness (including public notification, gazetting, etc.) if required.
28/11/2017 Ordinary Council 274/17 MON Council Assessment Panel Sitting Fees Marc Salver Completed Council Member on CAP will be paid a sitting fee of $190 That the Council Member or Deputy Council Member on the (Excl. GST) per meeting from 1 November 2017 in accord Council’s Assessment Panel is paid a sitting fee of $190 per with Council's resolution meeting, starting 1 November 2017. 28/11/2017 Ordinary Council 275/17 Adelaide Hills (War Memorial) Swimming Peter Bice In Progress 30/06/2018 We are continuing to engage and consult key Centre Progress Report That the CEO continue the consultation and engagement stakeholders. process with stakeholders, to further inform a broader master planning exercise at the Woodside Recreation Ground, including the Adelaide Hills (War Memorial) Swimming Pool That a further report to Council be provided once the Master Plan is completed.
28/11/2017 Ordinary Council 276/17 2016-17 End of Year Financial Results Terry Crackett Completed 4/12/2017 Council considered item at Meeting. No further action Council resolves that the report be received and confirms that required the 2016-17 End of Year Financial Results in comparison to budget have been appropriately considered by Council.
28/11/2017 Ordinary Council 277/17 2016-17 Annual Report Adoption Terry Crackett In Progress 31/12/2017 Report will be provided to the relevant authorities by the due date. The 2016-17 Annual Report, as contained in Appendix 1, be adopted. That the Chief Executive Officer be authorised to make minor content, formatting or design changes necessary for publication purposes. Copies of the Annual Report be provided to:each member of the Councilthe Presiding Members of both Houses of Parliamentthe South Australian Local Government Grants Commission 28/11/2017 Ordinary Council 278/17 2017-18 Community Grants David Waters Completed To award Community Grants totalling $44,687 as follows (see Council Minutes) 28/11/2017 Ordinary Council 280/17 Draft Play Space Policy Peter Bice In Progress 2/02/2018 Consultation underway. That the draft Play Space Policy contained in Appendix 1 be endorsed for consultation for a period of nine weeks, commencing 30 November, 2017, with the inclusion of a definition of Crown Land and the concept of a local playspace be refined. 28/11/2017 Ordinary Council 281/17 LED Streetlight Review Peter Bice In Progress 22/05/2018 Council are awaiting the outcome of the LGASA process. That Council awaits on the outcomes from the LGASA process and for the outcomes of this report to inform a transition to LED street lighting A further report to Council to be provided following the completion of the LGASA process and subsequent review of the most appropriate model for Adelaide Hills Council to adopt 28/11/2017 Ordinary Council 282/17 Rededication of Crown Land - Hender Terry Crackett In Progress Reserve To apply to the Department of Environment, Water and Natural Resources to revoke the existing dedication of the land contained in Crown Record Volume 5753 Folio 715 described as Section 1527 Hundred of Noarlunga in the area named Heathfield known as Hender Reserve (“Land") for recreation purposes To apply to the Department of Environment, Water and Natural Resources to dedicate the Land for Recreation and Conservation Purposes – Heritage Agreement subject to the draft conditions that are attached as Appendix 2 To authorise the CEO to finalise the conditions of dedication subject to them being substantially in accordance with the draft conditions attached as Appendix 2 To authorise the CEO to sign all necessary documents to effect this resolution
28/11/2017 Ordinary Council 283/17 Revocation of Community Land - Closed Terry Crackett In Progress Roads in Kenton Valley, Birdwood, Mt That the community land classification over the land listed Torrens below be revoked:Closed Road A in Road Plan No. 1793 in the area named Kenton Valley contained in Certificate of Title Volume 6191 Folio 686Closed Road B in Road Plan No. 1793 in the area named Kenton Valley contained in Certificate of Title Volume 6191 Folio 687Closed Road S in Road Plan No. 1793 in the area named Mount Torrens contained in Certificate of Title Volume 6191 Folio 688Closed Road U in Road Plan No. 1793 in the area named Birdwood contained in Certificate of Title Volume 6193 Folio 468
28/11/2017 Ordinary Council 284/17 Revocation of Community Land - Dunnfield Terry Crackett In Progress Development Mt Torrens A report be prepared and submitted to the Minister for Planning seeking approval to revoke the community land classification of Allotment 1 in Filed Plan No. 252674 contained in Certificate of Title Volume 6193 Folio 572 being a closed road (“Land”). 28/11/2017 Ordinary Council 285/17 Road Widening - Murray Road Inglewood Terry Crackett In Progress To purchase the area of land, being 124m2, identified in red on the plan attached as Appendix 1 (“Land") from Bruce William MacGillivray and Julie Meredith MacGillivray for the consideration of $1,168.36 (excl. GST) plus all reasonable costs to vest the Land as public road That the Mayor and CEO be authorised to sign all necessary documentation to effect this resolution 28/11/2017 Ordinary Council 286/17 2017-18 Budget - Budget Review 1 Terry Crackett Completed 6/12/2017 2017-18 Budget has been revised in accordance with Adopt the Operating Budget variations presented in Budget Council Decision on 28 November 2017 Review 1 that result in a revised Operating Surplus for the 2017- 18 financial year of $1.968m. Adopt the proposed Capital Works variations provided for in Budget Review 1 that include:An increase in capital income of $568kAn increase in Capital Expenditure of $551k. Adopt the proposed 2016-17 Capital Works carry forwards, including budget adjustments amounts totalling $3.773m, as detailed in Appendix 2, for inclusion in the revised 2017-18 Budget
28/11/2017 Ordinary Council 287/17 Policy Reviews - Debt Recovery & Account Terry Crackett Completed 12/12/2017 Advised Governance and Risk of Policy adoption of Debt Reconciliation Policy With an effective date of 12 December 2017, to revoke the 15 Recovery Policy and revocation of Account Reconciliation December 2015 Debt Recovery Policy and to adopt the Debt Policy for updating of Internet and Intranet. Recovery Policy, as contained in Appendix 1. With an effective date of 12 December 2017, to revoke the 10 March 2015 Account Reconciliation Policy, as attached in Appendix 2
28/11/2017 Ordinary Council 287/17b Policy Reviews - Debt Recovery & Account Terry Crackett In Progress 12/12/2017 To be actioned on 12 December 2017 Reconciliation Policy With an effective date of 12 December 2017, to revoke the 15 December 2015 Debt Recovery Policy and to adopt the Debt Recovery Policy, as contained in Appendix 1. With an effective date of 12 December 2017, to revoke the 10 March 2015 Account Reconciliation Policy, as attached in Appendix 2
28/11/2017 Ordinary Council 288/17a Delegations Policy for Determination of DAs Marc Salver Completed CAP Delegations Policy to apply in accord with Council's by CAP With an effective date of 12 December 2017, to revoke resolution theDelegations Policy for the Determination of Development Applications by Council’s Development Assessment Panel adopted on 22 November 2016and to adopt theDelegationsPolicy for the Determination of Development Applications by Council’s Assessment Panel as contained in Appendix 1 28/11/2017 Ordinary Council 288/17 Delegations Policy for Determination of DAs Marc Salver In Progress 12/12/2017 To be actioned on 12 December 2017 by CAP With an effective date of 12 December 2017, to revoke theDelegations Policy for the Determination of Development Applications by Council’s Development Assessment Panel adopted on 22 November 2016and to adopt theDelegationsPolicy for the Determination of Development Applications by Council’s Assessment Panel as contained in Appendix 1 28/11/2017 Ordinary Council 295/17 CEO Performance & Remuneration Review - Andrew Aitken In Progress 15/12/2017 Correspondence being drafted to advise CEO of Council Period of Confidentiality That the report, related attachments and the minutes of decision. Council and the discussion and considerations of the subject matter be retained in confidence until the CEO has been advised in writing, but not longer than one month from the date of the decision of Council. Also relates to release of item 10.1 'CEO Performance Review 2017' and 10.2 '2017 CEO Remuneration Review' form 8 November CEO Performance Review Panel meeting. ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING Tuesday 12 December 2017 AGENDA BUSINESS ITEM
Item: 12.9
Originating Officer: David Waters, Director Community & Customer Service
Responsible Director: David Waters, Director Community & Customer Service
Subject: Building Better Regions Fund
For: Decision
SUMMARY
The purpose of this report is to seek Council endorsement to apply to the Federal Government’s Building Better Regions Fund for funding to progress the establishment of the Arts & Heritage Hub at Lobethal and the sealing of Croft Road, Lenswood.
RECOMMENDATION
Council resolves:
1. That the report be received and noted. 2. That an application be made to the Building Better Regions Fund for the establishment of the Arts & Heritage Hub at Lobethal with a Council contribution of up to $1,306,000. 3. That an application be made to the Building Better Regions Fund for sealing part of Croft Road, Lenswood with a Council contribution of up to $163,000. 4. That the Chief Executive Officer, or delegate, be authorised to finalise the Council’s funding submission(s). 5. That funding offers arising from the applications be referred back to the Council for consideration.
Adelaide Hills Council Meeting 12 December 2017 Building Better Regions Fund
1. GOVERNANCE
Strategic Management Plan/Council Policy
Goal 1 Prosper Strategy 1.4 We will work with the State Government to make the Adelaide Hills an international mountain biking destination.
Goal 2 Connect Strategy 2.4 We will implement the Adelaide Hills Business and Tourism Centre (AHBTC) Masterplan to stimulate local job creation, boost tourism and create a vibrant cultural hub.
Obtaining funding from other levels of government will enable the Council to accelerate its achievement of the above mentioned objectives.
Legal Implications
Not applicable.
Risk Management Implications
Seeking funding through the current Building Better Regions Program round will assist in mitigating the risk of:
Insufficient funding available to implement aspirations for the subject projects leading to unfulfilled expectations and potential.
Inherent Risk Residual Risk Target Risk Extreme (4B) Medium (3C) Low
The residual risk takes into account that the project scope can vary to some degree to accommodate funding that the Council is able to provide without external assistance. It also takes into account the opportunity (although uncertain) to apply for funding through the Building Better Regions Program (as envisaged in this report) and other funds.
Financial and Resource Implications
Arts and Heritage Hub development
The Council has allocated $488,000 for capital works associated with this project in 2017- 18. $818,000 has been earmarked as a potential capital investment by the Council across 2018-19 and 2019-20. This funding profile was included in the AHBTC Masterplan – Summary of Divestment and Activation Project funding estimates document considered by the Council as part of the 2017-18 budget setting process. The expenditure will be funded from the proceeds of land sales at the site.
It is recommended that the Council commits the total of $1,306,000 as its matching funding contribution for the purpose of the application, noting that any formal commitment will occur as part of the annual budget process..
Adelaide Hills Council Meeting 12 December 2017 Building Better Regions Fund
Croft Road sealing
The Council has not allocated any money in the 2017-18 capital budget for this project, however as the Building Better Regions funding (if successful) will not be available until July 2018, it would be necessary for the Council to make a budget allocation in 2018-19.
The total estimated cost of the project (excluding staff costs) is $655,200. In this instance the State Government will be asked to contribute 25% of the cost ($163,000) in recognition of the contribution this project makes to achieving the Government’s goal of making the Adelaide Hills an international mountain biking destination. The Council will also contribute 25% ($163,000). It is therefore intended to apply for $327,600 from the Building Better Regions Program.
Customer Service and Community/Cultural Implications
Not applicable.
Environmental Implications
Not applicable.
Engagement/Consultation conducted with Council Committee, Regional Subsidiary, Advisory Group, the Administration and Community
Council Committees: Not applicable.
Council Workshops: The Council has previously held workshop discussions and/or Council Reports relating to both of the candidate projects, however none have focussed specifically on this grant funding opportunity.
Advisory Groups: The AHBTC Advisory Group is familiar with the proposal to establish the Arts and Heritage Hub, but has not been involved in specific consideration of this grant round.
Administration: The Executive Leadership Team considered potential candidate projects and endorsed submissions for both of the subject projects.
Community: Significant community consultation has occurred in relation to the Arts and Heritage Hub proposal. Local stakeholder engagement has occurred previously in relation to the sealing of Croft Road, with further potentially required if the bid is successful.
2. BACKGROUND
The Building Better Regions Program is a fund which supports the Australian Government’s commitment to create jobs, drive economic growth and build stronger regional communities into the future. It funds projects and programs outside of capital cities.
In the ‘infrastructure stream’ eligible organisations can apply for grants between $20,000 and $10million. Adelaide Hills Council Meeting 12 December 2017 Building Better Regions Fund
The funding guidelines state:
To be competitive you must score highly against all of the criteria: The economic benefit your project will deliver to the region during and beyond the construction phase. The social benefit your project will deliver to the region during and beyond the construction phase. The value for money offered by your project. Your capacity, capability and resources to carry out the project.
Essentially, eligible projects must have a focus on jobs and economic growth.
The amount of funding which can be sought, as a percentage of total eligible project costs, varies depending on location. For eligible projects in eligible parts of the Adelaide Hills Council district, up to 50% funding can be sought.
3. ANALYSIS
The Building Better Regions Program is currently open for applications. Applications close on 19 December 2017. Two potential candidate projects have been identified by the administration, namely development of the Arts and Heritage Hub at Lobethal and sealing part of Croft Road, Lenswood.
Applying for funding for each of these projects constitutes an ‘in-principle’ agreement for the Council to proceed with the projects and allocate the nominated Council funding should the application be successful. Any offer will, however, need to come back to the Council for formal acceptance.
The candidate proposals are described below:
Arts and Heritage Hub
The Council will be considering a draft Business Development Framework for the Arts & Heritage Hub at a workshop in January 2018 and, it is envisaged, the Council Meeting in February 2018. While it would be ideal to have adopted a Business Development Framework prior to applying for funds, unfortunately the timing of this opportunity and the lack of certainty around future funding rounds, means that the Council needs to act now.
The aim of the Arts and Heritage Hub is to create a facility which:
Increases visitation and spend in the region Increases the number of creative industry businesses in the region Preserves and showcases the history of the old woollen mill Increases participation in arts and cultural activities in the region Optimise the use of physical spaces and achieves value to the community through economic and social outcomes.
The Council has already committed $488,000 toward capital improvements to help establish the Hub and an additional $818,000 has been earmarked over the next two years Adelaide Hills Council Meeting 12 December 2017 Building Better Regions Fund
within the AHBTC Masterplan – Summary of Divestment and Activation Project estimates document considered previously in Council workshops. It is recommended that the funding application contain this total level of committed funding, i.e. $1,306,000, from the Council over the 2018-2020 period in order to maximise the amount of funding the Council may receive through the fund. It should be noted that the Council funding is expected to be able to be covered by the proceeds of sales at the AHBTC site (along with other works required to facilitate the sale).
If successful, the funding will be spent on activities including:
Creating a central Hub entrance point through Building 12 Installing a lift in Building 20 and making other accessibility improvements across the site Segregating spaces for artist studios and installing essential facilities (lighting, heating/cooling, etc) for functionality Establishing a heritage collection showcase area and storage facilities Creating facilities for potential artist residencies Establishing facilities for an Aboriginal cultural interpretation facility Establishing gallery spaces with associated facilities Redeveloping Mill Square (outdoor space) as a multi-function events space with ‘plug and play’ facilities.
Further detail, including the proposed benefits to the project, will be contained in the Business Development Framework to be considered as described above. Unfortunately the timing of the current grant application round has not allowed for consideration of the Framework prior to making the submission, but Members should note that making a submission does not commit the Council to funding and the application can be withdrawn if necessary.
Sealing Croft Road, Lenswood
The section of Croft Road between Fox Creek Road and Mawson Road is presently unsealed. At various times the Council has fielded concerns about dust generated by vehicles using the road, particularly in regard to the impact on adjacent vineyards. The problem appears to be exacerbated by increased traffic associated with the mountain bike trail hub at the Fox Creek Mountain Biking Park which has developed over recent years.
It is proposed to seal a 1.8km section from Fox Creek Road to the mountain biking trail hub, which is expected to alleviate the bulk of the concerns. Benefits of sealing the road include:
Mitigating the dust nuisance issue Supporting the longevity of the road given traffic volumes are relatively high for an unsealed road Supporting the strategic objective of making the Adelaide Hills an international mountain biking destination by improving facilities to access mountain biking trails.
The total estimated cost of this project is $655,200, of which it is recommended that the Council applies for 50% ($327,600), with the remainder split equally between the Council ($163,800) and the State Government ($163,800). This proposal is contingent on the State Government allocating their proposed share. Discussions are currently underway with Forestry SA and Bicycle SA to potentially submit a joint application which would include infrastructure development within the Forestry SA land. Adelaide Hills Council Meeting 12 December 2017 Building Better Regions Fund
4. OPTIONS
Council has the following options:
I. Endorse the submission of applications for funding for the two subject projects (recommended). II. Not endorse the submissions (not recommended). Should funding applications not be submitted, there is no guarantee that funding opportunities will be available in future.
5. APPENDICES
Nil ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING Tuesday 12 December 2017 AGENDA BUSINESS ITEM
Item: 13.1
Originating Officer: Rebecca Shepherd, Manager Community Development
Responsible Director: David Waters, Director Community & Customer Service
Subject: Community Strategy 2015 – 2020 Progress Report
For: Information
SUMMARY
The purpose of this Report is to provide details of progress toward achieving the goals and actions outlined in Adelaide Hills Council’s Community Strategy 2015 – 2020.
The Community Strategy was developed to assist Council to provide community services and facilities over the five year period. The Strategy has a strong library and community development focus but also acknowledges that to achieve the vision of Thriving Communities and Places a Council-wide approach is required.
Appendix 1 contains a list of achievements under the Community Strategy’s four goal areas of Capacity Building, Community Wellbeing, Places for People and Coordinated Approaches and Partnerships. Each of the four goal areas contains a number of actions which are individually addressed. The achievements are many and varied – as is the nature of the work done in this space. Although the list of achievements is comprehensive, the report primarily focuses on the past 12 – 18 months.
While the goals outlined in the strategy are impacted by all areas of the organisation, for the purpose of this report the main focus will be on achievements within the Community and Customer Service Directorate with some inclusions from other departments.
RECOMMENDATION
Council resolves that the report be received and noted.
Page 1 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Community Strategy 2015-2020 Progress Report
1. GOVERNANCE
Strategic Management Plan/Council Policy
This report is about achievement under the goals of the Community Strategy 2015-2020. The Strategy aligns closely with Council’s Strategic Plan, Your Adelaide Hills and therefore directly contributes to all four goal areas of Prosper, Connect, Place and Explore.
Legal Implications
The Local Government Act 1999 provides the legislative framework under which Council’s community services and facilities are provided. The following are excerpts from relevant sections of the Act:
Section 6 – Principal role of a council
(b) to provide and co-ordinate various public services and facilities and to develop its community and resources in a socially just and ecologically sustainable manner; and (c) to encourage and develop initiatives within its community for improving the quality of life of the community; and (d) to represent the interests of its community to the wider community; and
Section 7 – Functions of a council
(b) to provide services and facilities that benefit its area, its ratepayers and residents, and visitors to its area (including general public services or facilities (including electricity, gas and water services, and waste collection, control or disposal services or facilities), health, welfare or community services or facilities, and cultural or recreational services or facilities); (c) to provide for the welfare, well-being and interests of individuals and groups within its community; (h) to establish or support organisations or programs that benefit people in its area or local government generally;
Section 8—Principles to be observed by a council (b) be responsive to the needs, interests and aspirations of individuals and groups within its community;
Risk Management Implications
The effective implementation of the Community Strategy will assist in mitigating the risk of:
Inappropriate, unplanned and unresponsive community services leading to a reduction in community wellbeing and confidence in Council impacting on its influence and reputation.
Inherent Risk Residual Risk Target Risk Extreme (3A) Medium (3D) Medium (3D)
Page 2 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Community Strategy 2015-2020 Progress Report
The Community Strategy was developed as a control to ensure that community services are appropriate, planned and responsive. The progress report is a recently implemented control aimed at ensuring that strategies are being delivered in accordance with the Council adopted Community Strategy.
Financial and Resource Implications
Actions arising from the Community Strategy are planned and budgeted each year as part of the normal budget setting processes. Finances and resources to implement the Community Strategy are sourced from general rate revenue, State Government funding, Federal Government funding and contributions from other agencies and organisations.
Customer Service and Community/Cultural Implications
The Community Strategy provides a framework for the way in which Council provides services for and with its customers - the community. The strategy highlights the importance of recognising and responding to diversity in the way council interacts with the community.
Environmental Implications
The Community Strategy advocates for the provision of quality open spaces and in particular recognises the benefits of nature play.
Engagement/Consultation conducted with Council Committee, Regional Subsidiary, Advisory Group, the Administration and Community
The Community Strategy was developed using a number of consultation approaches including workshops with Council Members, the Social Planning Advisory Group and community. Research included a needs analysis, demographic profiling, a literature review and partnerships analysis.
Council Committees: Not applicable.
Council Workshops: Not applicable.
Advisory Groups: The Social Planning Advisory Group has provided advice to Council staff relating to the implementation of a number of goals and actions contained in the report, but has not specifically been involved in this update.
Administration: Council staff from the areas of Community Development, Libraries and Customer Service, Sport and Recreation, Economic Development and Development Services have been consulted in the development of this report.
Community: Not applicable.
Page 3 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Community Strategy 2015-2020 Progress Report
2. BACKGROUND
Council’s Community Strategy 2015 – 2020 was developed to assist the Council to provide outcome oriented community services over the specified five year period.
This report has been written to provide details of progress towards implementing the Strategy.
3. ANALYSIS
The Community Strategy consists of four goal areas as detailed below:
1. Capacity Building: Build community capacity through development and leadership opportunities.
Goal 1 recognises the value of strengthening the capacity and self-sufficiency of communities and individuals. The objective is to better understand our communities and then support them to play a pivotal role in shaping their own destiny.
Key recent achievements in this goal area include:
Formation of the Arts and Heritage Hub Community Task Group (2017) The Early Years Forum – The Summit (2017) Development of a Community Leadership Program Recruitment of an across Council Volunteer Coordinator role Focussing library programs to support the science, technology, engineering, arts and maths (STEAM) curriculum Moving homework help online so it is available to a broader section of the community Supporting the community-led Gumeracha Main Street Project.
2. Community Wellbeing: Support the community to be healthy, active and involved through diverse programs and services.
Goal 2 recognises the varied communities that exist in the Adelaide Hills and the need to provide targeted services to vulnerable and disadvantaged groups as well as for communities of interest.
Key recent achievements in this goal area include:
Successfully applied for and received Commonwealth Home Support growth funding Development of Council’s Age Friendly Community Plan Held the first Hills Dementia Awareness Day Supported young people to conduct a candidate forum for the 2016 Federal Election Developed a Council-wide School Holiday Program Supported the establishment of Stirling Fringe Held the Council’s biggest SALA exhibition yet – showcasing 58 local artists Adopted a Reconciliation Action Plan
Page 4 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Community Strategy 2015-2020 Progress Report
The development of a Multicultural Action Plan 2017 to 2020 Hills Harmony Picnic.
3. Places for People: Provide and support quality and functional community facilities and spaces that enable an active and connected community.
Goal 3 recognises that active and connected communities require appropriate places to meet, recreate, learn, play, gather and access services.
Key recent achievements in this goal area include:
Refurbishment of the Torrens Valley Community Centre foyer area creating a welcoming and inclusive space Adoption of a new Sport and Recreation Strategy A review of the Sport and Recreation Facility Guidelines Introduced ‘Pop up’ e-library training sessions at community venues Amended Development Plan to allow for more housing choices in certain locations.
4. Coordinated Approaches and Partnerships: Strengthen partnerships and adopt a planned and coordinated approach to enhancing the liveability of the Adelaide hills Council area.
Goal 4 recognises that for Council to maximise the use of its resources collaboration must occur both internally and externally based on planned and prioritised projects.
Key recent achievements in this goal area include:
The Summit Community Centre staff recently provided advocacy for young families around Uraidla and surrounding Districts regarding lack of parental support in the area. The Community Development Officer liaised with Child and Family Health Service (SA Health) regarding creation of supported parenting groups and drop in clinic for babies and parents. Those groups are now in place and are supported Nature play events conducted in partnership with local playgroups Adelaide Hills Sculpture Trail.
Each of the four goal areas in the Community Strategy has a number of actions/strategies listed underneath it. A detailed list of achievements under each of those strategies is detailed in Appendix 1.
It should be recognised that providing services for the community is a Council-wide function, however in order to contain the size of the report, the achievements primarily focus on work undertaken in the Community and Customer Service Directorate with some inclusions from other departments.
The list of achievements shows consistent and targeted delivery across all goal areas. There has been an emphasis on building strong foundations for the future through the development of numerous plans as well as the review of a number of functions resulting in the reallocation of resources to better meet community need. This has occurred while building collaborations and relationships with community and other organisations. In the
Page 5 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Community Strategy 2015-2020 Progress Report
meantime service provision and opportunities for the community have continued to grow and change in the face of changing demands.
Priorities for the next 12 months
Many of the priorities for the next 12 months are contained in the Council’s 2017-18 Annual Business Plan. They include:
Goal 1: Capacity Building
Using the newly amended development plan to encourage more housing options for those wishing to age in our community Establishing the Arts & Heritage Hub at Lobethal Enhancing the Community Leadership Program based on learnings from 2016-17.
Goal 2: Community Wellbeing
Implementing the Reconciliation Action Plan and take steps toward establishing a reference panel in this space Implementing the Multicultural Action Plan Rolling out the Virtual Reality Hub and expanding digital literacy support across our libraries and community centres Reviewing the Council’s Disability Access and Inclusion Plan in light of new legislation.
Goal 3: Places for People
Embracing nature play concepts in play space development Supporting community led place making initiatives Completing the age friendly tourism project with partners including Adelaide Hills Tourism
Goal 4: Coordinated Approaches and Partnerships
Reviewing the best way to support community based volunteering through a review of Hills Volunteering Developing a renewed focus within the Youth Development function
All of the above mentioned priorities are either planned and budgeted or, where applicable, are subject to detailed consideration by the Council prior to implementation.
4. OPTIONS
Council has the following options:
I. Receive the report (Recommended)
5. APPENDICES
(1) Community Strategy 2015 – 2020 Recent Achievements
Page 6
Appendix 1 Community Strategy 2015 – 2020 Recent Achievements
Goal Area 1: Capacity Building Build community capacity through development and leadership opportunities
Strategy Activities and achievements Understanding Communities Bi–annual Library and Council Community Survey with feedback noted in the library newsletter (2016) Continue to understand and advocate for Formation of the Arts and Heritage Hub Community Task Group (2017) the needs of the community through a Meetings to interview CALD communities for the Multi-Cultural Action Plan (2016/2017) range of formal Community Conversations regarding councils role in the Arts (2017) and informal interactions Meetings with Aboriginal Community members (ongoing) An extensive phone and electronic survey of older people regarding social support needs (2017) The Early Years Forum – The Summit (2017) Volunteer Review Meetings (2017)
Leadership Development of a Community Leadership Program offering skill development opportunities Implement best practice community Support for formal and informal leaders and groups in our community including: leadership approaches - Imagine Uraidla - Northern Adelaide Hills Community Leaders Group - Duke of Edinburgh Students - Friends of the Library - Gumeracha Main Street Group - Youth Advisory Group to provide opportunities for young people
Volunteering Recruitment of an across Council Volunteer Coordinator role Increase the commitment to encouraging Commenced implementation of a volunteer management system and supporting volunteers through a Established collaborative volunteer recognition event collaborative and coordinated approach Commenced reviewing all volunteer policies and procedures to volunteer management and guidance. Currently supporting over 200 active volunteers
Lifelong Learning The Council’s Library Service actively supports and promotes both traditional and digital literacy across all ages. Early Continue to provide and facilitate formal childhood literacy has always informed its children’s programs and the emergent need for children to achieve both print and informal opportunities for lifelong and digital literacy and the addition of STEAM to education across the state has required it to review and restructure those learning through a programs. School holiday programs and Science and Book Weeks have been aligned with STEAM principles and digital range of programs and activities. resources introduced to enable experimentation. The last financial year saw a 36% increase in the programs provided and a 38 % increase in child participants. This equates in 2016/17 to 709 programs and 11,724 attendees. Learning support for older children and young adults increased with the introduction of on-line homework help ‘Studiosity’ (formerly ‘YourTutor). Use of the service increased by 45% e.g. 70.5 hours to 149 hours. Year 7 to TAFE and independent young adult learners across Council can resolve maths, science and other homework issues from home through qualified tutors. The use of online resources continues to grow across all community groups and library staff monitor and respond to changing needs and demands in order to meet a variety of learning requirements. Training in digital literacy and new technology is provided via group and individual training sessions as well as online training and ad hoc support through the library centres Many of the initiatives received additional funding from community groups which included Friends of the Library from Stirling, Woodside and Gumeracha with donations totalling $39,817 for furniture, programs, digital and print materials.
“Would You Like Some Chips With Your Mayo?” This youth politics forum was part of the YAC “Politics For Dummies” project, developed to increase the youth vote in the Hills. Candidates of all 6 parties standing for Mayo in the Federal Elections were invited to take part in this Q&A style event, moderated by Benito Cao, Lecturer in International Politics at the University of Adelaide. Issues important to local young people were identified in a workshop before the forum, and the 4 candidates present then answered questions about these topics of concern. Other elements of the project involved YAC members receiving training from YACSA and Y-Vote to have peer-to-peer conversations with young people about democracy, voting and politics, which they then utilised in conversations with Year 12 Students at local public high schools. The forum was a collaboration with Oakbank Area School and the University of Adelaide.
‘Nature Play in the Adelaide Hills - Explore, create, build!’ Hills Connected Communities funded by the Department for Communities and Social Inclusion is a partnership between the two Adelaide Hills Council Community Centres - The Summit and Torrens Valley, Mount Barker Community Centre and The Hut.
On Tuesday 10 October, 10am-12 noon the community centres hosted ‘Nature Play in the Adelaide Hills - Explore, create, build!’ in five different Hills locations – Uraidla, Gumeracha, Mylor, Stirling and Mount Barker. Five events were scheduled at the same time to provide good access opportunities for local residents. All the events focussed on keeping things simple to demonstrate how easy it is to have nature play experiences in your own backyard. Children were observed undertaking very meaningful work.
There was amazing focus and determination – whether it was to shift a pile of sand purposefully, construct a tepee from tree branches, build a raft from drums, sticks and rope, sculpt and bake mud pies, create a cubby and search for tadpoles in the creek.
Active Citizenship The Adelaide Hills Council has a strong focus on encouraging community to be actively involved in shaping their own future Establish structures and systems that through consultation, engagement, advisory groups, friends of the library groups, environmental groups ,community enable members of the community to be leadership and place making activities to name a few. actively involved in decision making We are currently doing some significant work with the community regarding the Tour Down Under, Uraidla Stage Finish and processes and to participate in planning BUPA challenge around presenting the town and surrounds to the rest of the world. The outcome of this work will be seen in for and providing services to the early 2018. community. In the meantime the following is an example of how Council has supported community to develop and pursue its own goals:
Gumeracha Main Street Project The Gumeracha Main Street Project is a community-led initiative aimed at achieving economic sustainability of local businesses, improved visual appearance and changed traffic behaviour. Following community and business meetings in September and October 2016, a voluntary Working Party was formed in December 2016. Comprising residents and business owners, the Working Party is collaborating with the community and all levels of government to achieve a range of objectives over the coming ten years.
In partnership with Council a vision session led by consultant Josie McClean saw the group develop their vision for Gumeracha’s Main Street. The following themes were identified: Peramangk Culture and Harmony, Friendly, Nature, Abundance, Linger, Discovery, Uninhibited and Safe.
Projects and outcomes for the group include: Working Party, Vision and Evaluation benchmarks established Planter barrels working bee Consultation on planning a public art piece / mural on the school gymnasium Website and Facebook page Appointment to Mainstreet SA Committee Submission to AHC Business Plan and Budget Bay to Birdwood Breakfast BBQ Tourism sign Funding for Master Plan
Grant Giving Reviewed and updated the Grants Policy Improve grant giving systems and provide Implemented a new grant giving management system grant opportunities that contribute to Supported community to access grant opportunities such as building stronger communities and fund my neighbourhood community capacity and various office for Rec and Sport grants building and wellbeing. Provided community forums to assist groups in applying for Sport and Rec Facilities Grants and Community Grants
Goal Area 2: Community Wellbeing Support the community to be healthy, active and involved through diverse programs and services.
Strategy Activities and achievements Supporting Older Residents and Home Successfully applied for and received Commonwealth Home Support growth funding to increase service provision to and Community Care eligible community members aged 65 years and over Continue to provide programs and Successful transition to the new Commonwealth Home Support Program delivery and reporting model services that support older people to live Leasing of two electric cars and purchase of a “people mover” to support transport programs targeted towards isolated independently in the and transport disadvantaged consumers of the Council’s Home Support program community Development of new social support programs to provide options for consumers to grow their physical and mental capacity and expand their social connections The provision of Library Home services for isolated residents. The provision of Library materials suitably matched to the changing needs of older residents such as large print and audio books In the 2016/2017 year, provision of: - Over 4,300 domestic assistance visits, assisting people to manage their homes - Over 850 home maintenance visits – jobs completed include the cleaning of debris from gutters and roofs and completing garden tidies to keep the surrounds of people’s homes accessible and tidy. - Over 2,900 transport trips for isolated and transport disadvantaged individuals - Nearly $15,000 of home modifications (these modifications make people’s homes safer for them to live in) - Coordination and delivery of over 25,000 hours of social support group programs
Positive Ageing Development of Council’s Age Friendly Community Plan which was adopted in October 2017 Continue to commit to the concept of Successful advocacy for continued Commonwealth Home Support Funding for Sector Support and Development – which positive ageing was due to expire in June 2018, this funding has now been extended to June 2020. The funding supports a collaborative project between Adelaide Hills Council, Mount Barker District Council and Alexandrina Council to deliver outcomes for older residents and support the aged care sector in the hills. Recent Projects Include: Hills Treasures: A further 40 older Hills residents were honoured with the title of Hills Treasure at an afternoon tea in October 2017. (Insert treasures picture) This initiative acknowledges and thanks older hills residents who have been working for their community. Hills Dementia Working Group Hills Dementia Awareness Day, attended by 120 people, with 15 specialist guest speakers to increase understanding of , and reduce stigma about dementia Brain Hub at Strathalbyn library to provide resources and information on healthy ageing and coping with dementia Dementia training for frontline customer service and library staff on recognising and responding to people with dementia Fridge magnets containing information on hills services for people with dementia Age friendly Tourism Project This is a collaborative project between Adelaide Hills Council, Mount Barker Council, Adelaide Hills Tourism, Country SA Primary Health Network, Regional Development Australia and the Hills Positive Ageing Project. The aim of the project is to increase and promote access to age friendly tourism experiences in the Adelaide Hills. Project outcomes include a web page on the Adelaide Hills Tourism website with advice on inclusive destinations in the hills, an FAQ for tourism operators about creating an inclusive experience for their customers and raised awareness amongst operators about the benefits to their business of being inclusive. Community education sessions focusing on resilience building Encouraging and advertising intergenerational opportunities at events (such as the Red Shed’s Toy Making day in the July School Holidays, see below)
Red Shed volunteers ran a toy making activity in the July School holidays. One of the volunteer’s wives observed “I think it was enjoyed as much by the big ones [shed volunteers] as the little ones”.
A parent of one of the children attending wrote that it’s “great that Grandads are giving up their time to teach kids how to make toys – passing on their skills to future generations”. One parent mentioned that her children don’t have a regular relationship with their grandparents and that she really valued the opportunity for them to have contact with and learn from older community members.
Active Families The Adelaide Hills council supports children and families to connect with their community through a range of programs and Continue to support children and families facilities including: to be active and connected members of Children’s author events the community Nature Play Programs through a range of activity opportunities School Holiday Programs linked to the community centres, libraries Family events such as The Adelaide Symphony Orchestra sessions, Hills Harmony Picnic, Teddy bears Picnic and the and recreation Harry Potter party facilities and spaces. Recently upgraded Aldgate playground and other recreation spaces
Children with special needs are supported through: Social Kids Program – working with psychologists and childcare experts to assist children with autism to socialise Providing opportunity for fortnightly visits to Mt Barker Options Disability Group providing inclusive school holiday programs
Positive Youth Youth are supported by events and activities including: Provide additional opportunities for National Youth Week activities young people to be part of the School Holidays Programs community and transition Xith and Woodside Jams successfully into adulthood, through Just too Deadly awards event, activity, health and development Youth Advisory Committee opportunities. Youth Sponsorship Grants Charity Quiz Night LGBT+ youth support group Work experience programs Personal learning programs Student volunteer roles YAC Friday BBQs Young Drivers Awareness Course (for Learners and P-Platers) Youth Services Directory (compiled by the Adelaide Hills Youth Sector Network) Screening of “Screenagers” – an education about the use of screens. SHARE – Hills Youth Arts Exhibition: In National Youth Week 2017 YAC in collaboration with h.Art organised their inaugural Hills Youth Arts Exhibition at the Arts and Heritage Hub in Lobethal. Opened by Deputy Mayor Jan Claire Wisdom, the exhibition attracted well over 100 visitors across four Sunday afternoons. The exhibition contained 40 works in various arts mediums from 17 young artists from across the Hills, with expressions of interest received from another dozen artists. On the basis of these numbers, YAC have decided to make SHARE an annual event. YAC Year 12 Support project: The end of Year 12 is a very stressful time for many students. YAC members have developed and implemented a project to provide positive support to Hills Year 12 students. The project consists of two components: 1) a de-stress pack, distributed through the high schools in the Council area, containing helpful study tips and resources, as well as items to help students with their mental wellbeing, including stress balls, a colouring in page, chocolates, tea bags and bubble wrap 2) a series of corflute signs with positive supportive messages, posted on Council’s community engagement boards along the major thoroughfares The project is planned to be repeated in 2018 and 2019.
Connected Communities Maintaining and updating Adelaide Hills Council community information on the state government ‘Connecting Up’ Continue to provide information to the database to ensure residents can access information about facilities and groups within the Council area community regarding opportunities for Community Centres have increased the number of services and programs provided out of hours and across different areas participation in community activity and of the Council. the use of community facilities and open The Council has significantly increased its social media presence and built a broad data base of community connections. spaces. Community centres have merged Facebook pages and improved their online presence Development of a council wide school holiday program Establishment of the “Nothing’s On In The Hills” Facebook page: This page has been set up and is administered by the YAC (Youth Advisory Committee), the page’s objective is to advertise/share any and all activities in the Hills that could be of interest for young people Council Supports and connects with many community groups including: CWA, Rhodendron Society, Mt Lofty Historical Society, Rotary, Hills Circle of Friends, Home School Groups, Mt Barker Options Disability Group, U3A, Book Groups
Creative Communities Completion of the consultation phase and progressing to the Business Planning phase of establishing an Arts and Heritage Increase the potential for communities to hub at the old woollen mill site at Lobethal participate in creative arts and cultural SHARE hills youth arts exhibition activities and develop Undertaking a Public Art Project at Gumeracha in consultation with the community that has seen the creation of a mural individual creative talents through on the school gymnasium wall facing the main street community centres, libraries, other Stirling Fringe community and recreation Hills Sculpture Trail – joint venture with Mount Barker and Alexandrina Councils and Federal Government to locate 26 facilities and outdoor spaces, including sculptures at sites across the Council areas. The sculptures, produced by international sculptors at three symposia, were the proposed Hills Sculpture Trail. funded by local communities and local businesses and contribute to civic pride and to tourism for the Hills region. Undertaking of research and consultation with the Arts Community to investigate Council’s role in supporting the arts. The subsequent report will result in an Action Plan for the Arts. Identifying and utilizing local artists through the creation of a data base Multiple arts and craft programs Craft cabinets and art walls available for community display and promotion of the artists and their work Supported the creation of a Sculpture for Gumeracha that celebrates Peramangk history Mosaic Couch program Holding of Council’s 20 Anniversary exhibition and art prize “Adelaide Hills Stories – our people our community our home” building on Council’s commitment to supporting and celebrating local artists SALA across various venues in the Hills (see next page for details on our “WILD” exhibition at the Summit)
Our biggest SALA at the Summit yet! 58 artists exhibited 163 works. ‘Adelaide Hills Wild’ was viewed by over 300 visitors. The exhibition was curated by a volunteer and hung by a team of volunteers and staff from The Summit and the Natural Resource Centre. The Summit does not take a commission on works and is open for artists of all levels to enter. Memorably, an elderly community member who has dementia entered a sculpture called “Schnapper”. It was his first exhibition and the piece was a talking point – particularly with school children.
Another first - Norton Summit Primary School brought three classes to the exhibition. We arranged an art scavenger hunt for them to complete to deepen their level of engagement with the work.
We also held our first mini craft market and invited local makers and community groups to participate, including the CWA, ‘Smashing Ladies’ mosaic group and members of the Red Shed.
Cultural Diversity /Reconciliation and The past 18 months have seen some significant progress in our work and relationship building with Aboriginal Communities Aboriginal Culture including: Strengthen the focus on understanding Building relationships with Peramangk elders and Aboriginal community members and promoting cultural diversity within Planning the establishment of an Aboriginal Cultural Centre within the Arts & Heritage Hub. the Adelaide Hills. Welcome to Country performed at significant events by Peramangk and Kaurna elders The adoption of a Reflect Reconciliation Action Plan that will lead to the further development of an Innovate Reconciliation Action Plan in partnership with a working group of Aboriginal Community members and guidance from Reconciliation SA Reconciliation Q &A sessions for our community delivered by Parry Agius and also Peramangk Elder Ivan Copley A range of programs and activities offered through our community centres and libraries such as bush food, basket weaving, painting and information sessions – we are also in discussion with Peramangk Elders about offering a short course for our community on “Introduction to Peramangk history and culture” fundraising for Indigenous Literacy Day and support through pertinent print, audio-visual and digital resources Children’s programs now ensure use of resources that are relevant to indigenous communities e.g. indigenous authors or illustrators or featuring aboriginal themes and topics The creation of the Welcome Garden Supports for the “Just Too Deadly” Adelaide Hills regional youth awards Supporting the annual KOORI KIDS NAIDOC Week School Initiatives In 2016 we added a category to our Community Grants Program encouraging initiatives focused on “Aboriginal Culture and Heritage”. The Aldgate Corroboree received a community grant under this program. Support of the Birdwood High School deadly day Welcome to Country / Acknowledgement of Country protocols have been put in place Visit of “The Granny’s Group” to the Summit Community Centre “Bush comes to the City” program Working with the Aboriginal artist and bush food enthusiast James Tylor we offered a Bush Food Workshop as part of our Reconciliation Week program. This workshop involved a presentation with tastings followed by a bush food discovery walk through Bushland Park. This workshop was fully booked and those who attended gave overwhelmingly positive feedback resulting in a second workshop being run soon.
Culturally and Linguistically Diverse The Adelaide Hills Council was declared a Refugee Welcome Zone declaration leading to further research, consultation and Communities the “Refugee Welcome Zone” report The development of a Multicultural action plan 2017 to 2020 A variety of programs and activities offered through the community centres and libraries (such as – cuisine based programs at centres/ positive ageing program) Refugee week activities including screening of the movie freedom stories Harmony Day Picnic and events (see below)
On Saturday 8 April, Adelaide Hills Council and the local community with support from Hills Connected Communities and Community Centres SA hosted the first Hills Harmony Picnic in Federation Park. The purpose of the picnic was to provide an opportunity for people and communities to connect and come together in a beautiful, welcoming and inclusive place. For residents of the Adelaide Hills, it provided an opportunity to meet new people from greater Adelaide and grow the opportunity to connect again on another occasion.
Ivan Copley performed the Welcome to Country, Deputy Mayor Jan-Claire Wisdom opened the event, the Birdwood High School did individual student performances, African Soul engaged participants in an interactive drumming performance, local Scottish highland dancer Miranda Miller performed, sporting equipment was provided for participants by local clubs, Kindergym set up a circuit and other games and local resident Lucy Zilm provided face painting. All food and drinks were provided to participants free of charge.
Refugee and cultural and linguistically diverse groups were transported on busses to the event. They came from the Hopes I and Uniting Church at Norwood and the Rwandese Community north of Adelaide.
On the day, community groups cooked and served food, supplied equipment, setup marquis, welcomed attendees, compared the entertainment and packed up the entire sight at the end of the event. The following groups provided their ideas, time and energy: The Torrens Valley Lions Club, Gumeracha Community Association, Hospital Auxiliary, Gumeracha RSL, Salem Baptist Church, Gumeracha Hall Committee, The Baha’I Community, Gumeracha Kindergym, Torrens Valley Soccer Club, Birdwood High School Music students and their teacher Simon and local resident “Peter” who compared the event.
Accessibility Initial review of Council’s Disability Action Plan Review Council’s Disability Action Plan Installation of an access ramp of at the Gumeracha Op Shop and identify barriers to access Council Support the modifications to registered CHSP clients homes to enable them to continue to live in the community services and facilities. Considerable modifications to new community transport vehicle Participating in training and consultation around the Disability Access and Inclusion Bill. Participating in training and consultation around the roll out of the NDIS Participation in the Local Government Access and Inclusion Network Development of the Multicultural Action Plan to address language and literacy barriers Ensuring all facets of resources, programs and furniture are appropriate for customers with disabilities – this has been strongly supported through community donations from Friends of the Library, Community Shop, Stirling Markets, Open Gardens Scheme and individual residents: - purchase of inclusive children’s literature - print resources that include characters with disabilities - on-line resources accessible and easy to use for customers with disabilities - introduction of ‘dyslexia friendly’ resources and information resources on dyslexia - purchase of equipment supporting disability for children’s programs - disability awareness training for all library and customer service
Goal Area 3: Places for People Provide and support quality and functions community facilities and spaces that enable an active and connected community.
Strategy Activities and achievements Facility Provision The provision of welcoming and safe places for people is particularly evident in our Libraries and Community Centres and Provide and maintain an equitable and upgrades to these areas include: accessible spread of inclusive, welcoming Refurbishment of the Torrens Valley Community Centre foyer area creating a welcoming and inclusive space that can be and safe ‘places for easily adapted based on group needs. Very positive feedback from community and increased use of the area. people’ within the Council area in A gabion seating area has been created by volunteers in the Torrens Valley Community Garden. alignment with the District Master An accessibility ramp to the Gumeracha Op Shop. Planning. New tables and chairs for use on The Summit Community Centre’s beautiful pergola (pergola due to be painted in November). Freshening up and modernising the space for the use of community groups, classes and private hirers. Red Shed has had a few electrical upgrades this year to improve the safety of the space operationally and has also got a new band saw thanks to HCC (Hills Connected Communities) funding.
The AHC staff also look for opportunities to bring facilities to the people or provide more flexibility resulting in: 16% increase in hours of access for 2016/17 due to increase in Mobile Library stops and introduction of remotely serviced hours at Gumeracha 24/7 on-line access to digital library resources combined with increase in materials that can be accessed e.g. BorrowBox eBooks and eAudiobooks
Activated Community Centres A recent review of community centres has resulted in a new structure, some new staffing and a vision to broaden the scope of Maintain and enhance community centres those impacted by the centre activities and support: Community Centres are taking a stronger Community Development and the positive ageing centre through approach to meeting community expectations resulting in increased outreach activities and the provision of support to various initiatives. community groups: Outreach activities Include:
Youth Development programs and School Holiday activities held in various facilities/parks throughout the Council area, including increased use of the Positive Ageing Hub for various activities, including the Woodside Jams. Uraidla showgrounds is used every week by a Nature Play group supported by The Summit Community Centre. The Uraidla Primary School hockey pitch has also been used for a travelling farm in the school holidays and was very well attended (84 people). The Summit is used by a diverse range of people, including local Ba’Hai and Christadelphian communities Fit 4 Life Fitness class organised by Torrens Valley are held weekly in Cuddle Creek Hall. Let’s Do Bus Trips – visiting a different destination every month.
The community centres are part of the Hills Connected Consortium. The Consortium is funded by the Department for Communities and Social Inclusion is a partnership between the two Adelaide Hills Council Community Centres – The Summit and Torrens Valley together with Mount Barker Community Centre and The Hut. The aim of the consortium is to work collaboratively and regionally in order to optimise opportunities for the community. Combined events include: Nature play across five sites The Combined Community Sheds Day The Community Associations Forum – 75 participants attended from across The Hills Community Leaders training for Nature Play Resilience Training Screenagers- Education relating to the use of devices by young people – 156 attendees
The Community Centres have also provided a range of opportunities such as exercise programs, art classes including mosaics, making bee hotels, cheese making, meal inspiration classes, playgroups, school holiday activities, computer training, garden groups and combined activities with the collocated Natural Resource Centre.
Connected Libraries Provision and enhancement of diverse and inclusive library facilities through: Provide and enhance diverse and inclusive Increased level of cross Council Mobile library services as flexibility of Mobile Library enabled us to alter stops and length of library facilities. stops in response to customer demand and changes in customer use, increasing use of Mobile Library for reservation pickup and return 16% increase in customer visits to Mobile Library – total of 16,765 for 2016/17 Good feedback and support from schools that access the Mobile Library in regards to collections and resources Home services available across Council to those who cannot otherwise access a library branch due to age, frailty, carer responsibilities, illness or lack of transport Provision of community meeting places for formal meetings such as AGMs, for discussion groups, book groups, play reading groups etc. Free computer and internet facilities including access for community centres through an agreement with Public Library Services to link centres with the Library Service Access for the community to emerging digital technologies with support from the Adelaide Hills Library Service and from Public Library Services Public Library Services has increased support to libraries for staff training in emerging technologies and through trial programs that enable our staff to access and assess the technology before any commitment to introduce it into our libraries Community donations have allowed the Library Service to introduce a Kindle Book Collection for Book Groups, to purchase kindles for loan, provide iPads for children in the Children’s Library, and provide iPads for community training Facilitated access to distance and online learning Study space and exam invigilation community donations enabled the Library Service to re-develop areas to accommodate demands for more study space Ensuring spaces remain flexible and able to meet the needs of multiple community activities Overall in 2016/17 community groups including the Friends of the Library provided $39,817 worth of resources, workshops, equipment and furniture that increased community access to traditional and digital resources, improved spaces, lifelong learning opportunities and inclusive spaces.
Quality Recreation Facilities and Open Council reviewed and endorsed a new Sport & Recreation Strategy in October 2016. These actions & their outcomes include: Spaces A review of the Sport & Recreation Facility Guidelines to ensure equity and transparency in grant distribution Strengthen the quality and scope of An audit of all playing surfaces (ovals, pitches & courts), and play spaces, data from the audits is being used to develop new recreation facilities and open spaces. service levels, maintenance procedures and a strategic upgrade program for all facilities A review of payments & services provided to clubs to ensure an equitable & strategic approach towards our support of sport & recreation facilities. The development of a Playspace Framework document & Community & Recreation Facilities Framework document, including policy statements, levels of service, maintenance programs & upgrade programs for both community and Council owned facilities. It is anticipated that these documents will be taken to Council in early 2018. The new play space at Bridgewater has been completed and is proving popular with the community. Established a cross-departmental Place Making Group to coordinate Council responses to Community-led place making initiatives. The group includes staff from Community Development, Sport & Recreation, Sustainability, Property and Economic Development
Activated Spaces The Positive Ageing Program has utilised council parks, halls and open spaces as locations to visit and host special events Create activated spaces across the right across the Council area at such as “Picnic in the Park”, “Wildflower walks” and “Let’s Do Dinners” Adelaide Hills Council area. Events such as Hills Harmony Picnic and Nature Play bring life to our parks. Supporting the delivery of Art Exhibitions, History and Heritage Exhibitions, workshops and performances at the developing Arts & Heritage Hub space at the Lobethal woollen mill site Introduced ‘Pop up’ e-library training sessions at community venues Introduced ‘Pop-up’ kindergarten story time visits – go out to kindergartens in place of kindergartens visiting libraries – less requirement for space, more effective use of staff and time Encouraged active use of library lawns , including Friday youth BBQs
Housing Choices Council has a dedicated team within its Property Department which continues to manage Council owned retirement village Advocate for the provision of affordable accommodation. and appropriate housing, particularly for Council has changed the development plan to allow for more housing choices in certain locations. older people, people with a disability, welfare dependent families and youth.
Goal Area 4: Coordinated Approaches and Partnerships Strengthen partnerships and adopt a planned and coordinated approach to enhancing the liveability of the Adelaide Hills Council area.
Strategy Activities and achievements Planning The formal planning process includes: Develop practical and realistic Action Development of Council’s Aged Friendly Community Plan Plans for priority areas including Youth, Development of a Business Plan for the creation of an Arts & Heritage Hub at Lobethal Volunteering, Positive Development of the Multicultural Action Plan Ageing and Reconciliation to guide Development of the Reflect Reconciliation Action Plan specific projects and resource allocation. Planned development of an Arts Action Plan Establishment of a Placemaking Group of relevant Council staff In addition reporting occurs against: Councils Strategic Plan – Your Adelaide Hills. The Regional Health Plan The Community Strategy
Community Advocacy The Adelaide Hills Council advocate for community needs through networks, survey responses, the submission of papers, Advocate to other levels of government meetings. Some examples include: for improved transport services, Council’s Community Development Officer – Youth and Recreation participates in a range of Networks, including Adelaide affordable housing and other Hills Youth Sector Network, Local Government Youth Development Network, Local Government Access and Inclusion issues that impact on the quality of Network, Jobs and Skills for Regional SA , YACSA Policy Council lifestyle of residents. The summit Community centre recently provided advocacy for young families around Uraidla and surrounding Districts regarding lack of parental support in the area. The Community Development Officer liaised with Child and Family Health Service (SA Health) regarding creation of supported parenting groups and drop in clinic for babies and parents. Those groups are now in place and are supported. Creation of a collaborative response to the Aged Care Reform Discussion Paper to advocate for fair and equitable service provision (including transport) for members of our community aged over 65years Recent support for numerous grant opportunities accessed by the community.
Community Partnerships Partnerships are recognised as a key component to successfully meeting community needs. Some of these partnerships Continue to establish and support include: community partners in the provision and Aged Care service providers management of services Imagine Uraidla and facilities. This includes supporting CWA Uraidla and Districts Branch community groups through information, advice and funding Uraidla Nature Play Group opportunities. Uraidla Show Grounds Gumeracha Main Street Project Northern Adelaide Hills Community Leaders Group Ladies Gathering – Houghton h-Art in activating the Arts & Heritage Hub space at Lobethal Local history groups Friends of the Libraries Resident Associations, Lions, hall committees, show committees, CWAs, sporting clubs, historical societies, RSLs
Nature Play events would not have been possible without collaboration with the community. These included: Gumeracha Main Street Project for providing refreshments and morning tea Gumeracha Community Association Mobile Junk and Nature Playground Local nature play advocate Corinne Leaders of the Nature Playgroup at Uraidla Two artists that ran workshops about fence weaving – Chris and Hilary from Willunga Uraidla Show Committee Local wineries for donations of vine yard pruning’s for the fence Local business owner from the Owl and Elephant Community centre volunteers for taking bookings and helping on the day Stirling Old School Community Garden
Libraries are working with local history groups regarding plans for access to and the future of their collections: initial planning underway to digitise Mount Lofty Districts historical material including development of business plan to undertake as a project print collection to be catalogued for community access initial discussions held with other history groups as to future digitising possibilities for their collections
Private Interests Encouraging private sector investment in The Adelaide Hills Council area is supported by Community Development through Investigate opportunities for private placemaking and creative pursuits such as: sector investment in the Adelaide Hills Public art are being installed to improve the amenity of townships and complement or increase tourism opportunities. Council area, including The development of the Arts And Heritage Hub opportunities for increased housing The Aged Friendly Tourism project choices and economic and business A focus on Community Wellbeing development. The Economic Development Implementation Plan was endorsed in by Council in 2016 and progress has recently been reported via a Status Report delivered to Council in October 2017. Strategies are in place to build up the economic capacity of The Adelaide Hills Council area, enhance competitiveness and increase sustainable and inclusive growth.
Relationships and Networking Significant numbers of external networks and working relationships exist and include: Create and participate in networking The Home Support/ Positive Ageing team has representation and linkages to the following forums and networking groups: opportunities including across Council and - Adelaide Hills Positive Ageing Taskforce with other agencies - Commonwealth Home Support Managers Meeting and community groups. - Hills Community Services Forum - Dementia Working Group - Local Government Transport Coordinators meeting - Gumeracha Multi-D Meeting - Member of peak body - Aged and Community Services SA Community Centres SA Transport Coordinators Network Hills Connected Communities Executive Committee– Community Centres across the region working together Regional Health Planning Committee Hills Volunteering Executive Committee Hills Community Passenger Network Steering Committee The Manager, Community Development meets regularly with Managers from our neighbouring Councils to discuss collaborative opportunities.
Coordinated Approach AHC works across Council and agencies to achieve outcomes: Work together across Council and across Facilitation of the Early Years Forum at the Summit Community Centre – local principals, midwives, kindy educators, agencies to achieve coordinated and kindergym leaders, netball coaches, playgroup leaders, parents, family day care providers consistent approaches to planning and A group of staff from across Council have started an internal place making group to share the work each of them is doing in facility and service provision. This includes this space and ensure a consistent customer experience. establishing coordinated planning After the extensive storm damage which occurred in the Adelaide Hills during September 2016 and December 2016, the processes and working together to Home Support team worked closely with Council’s Regulatory team to make available free dump passes and coordinated address key issues and needs. green waste pickups to assist older residents. The Home Support / Positive Ageing team builds and maintains strong collaborative relationships with other community based service providers, service groups and the My Aged Care Regional Assessment Service Libraries, Youth Development and Community Centres have recently combined their school holiday programs to deliver a single point of information relating to all school holiday programs. The recent development of The Community Leadership Workshops being run over the next six months was collaboration between Community Development, Sport and Rec, Communications and Events, Community Engagement, Governance and Economic Development. In the future we will look to combine all of our training opportunities into one calendar. The community centres have recently been incorporated into the Public Library Services portal to provide internet access without charge via library membership There is collaboration between Libraries and Community Centres whereby community centre staff and volunteers assist in supporting access to resources at Gumeracha civic centre outside of usual library hours. Libraries have implemented the state-wide One Card system Customer Service staff are supporting Community centre staff to implement EFTPOS systems to reduce cash flow requirements.
Funding and Resources Recent funding increases include: Continue to seek grant funding and Successfully applied for Commonwealth Home Support growth funding to increase service provision to eligible community improve the use of grants and Council members aged 65 years and over – approximate value $80,000 funding through targeted Successful advocacy for continued Commonwealth Home Support Funding for Sector Support and Development resulting and efficient services and coordinated in securing an additional two years funding – approximate value $120,000 facility development and management. Supported community members to apply for Fund my Neighbourhood funding. Successful regional application to fund Hills Connected Consortium until June 2020 - approximate value $480,000
Volunteers A review of the role and function of Community Development in supporting Organisational volunteering was undertaken Continue to review and improve the and resulted in a redistribution of existing budget to employ a part time Volunteering Coordinator. The volunteering allocation of community development coordinator will be responsible for reviewing all policies and procedures, supporting volunteer coordinators, providing resources including the focus and roles of advice regarding the support of community organisations who utilise volunteers and provide strategy around recruitment staff and volunteers with the aim to and retention of volunteers. respond to current and changing A review is currently being undertaken as to the future of Hills Volunteering and Councils role in supporting Volunteering in community needs in the best possible the community. way. Community based volunteering: Review the role and functions of the hills volunteering partnership to ensure local volunteer based groups are supported in achieving their objectives.
ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING Tuesday 12 December 2017 AGENDA BUSINESS ITEM
Item: 13.2
Originating Officer: Lachlan Miller, Executive Manager Governance & Performance
Responsible Director: Terry Crackett, Director Corporate Services
Subject: Ombudsman SA 2016/17 Annual Report
For: Information
SUMMARY
Ombudsman SA (and its predecessors) was created under the provisions of the Ombudsman Act 1972. Their website neatly encapsulates its role under that legislation as follows:
The Ombudsman is independent, and investigates complaints about South Australian government and local government agencies conducts audits of these agencies reviews freedom of information determinations of these agencies supports the implementation of the Information Sharing Guidelines across government receives information about state and local government activities confidentially from whistleblowers.
Complaints/queries regarding the services provided and conduct of Council Member and Employees can be made to Ombudsman SA either in the first instance or, on occasion, where Council’s management of the complaint/queries has not been to the complainant’s satisfaction.
Ombudsman SA prepares an Annual Report setting out details of the number and types of complaints that it has received during the year regarding local and state government agencies and associated bodies.
The purpose of this report is to provide Council with the council-related elements of the 2016/17 Ombudsman’s Annual Report.
RECOMMENDATION
Council resolves that the report be received and noted.
Page 1 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Ombudsman SA 2016/17 Annual Report
1. GOVERNANCE
Strategic Management Plan/Council Policy
Goal: Organisational Sustainability Strategy: Governance
A key element of the Governance Strategy within the Strategic Plan is that Council ‘is committed to open, participative and transparent decision making and administrative processes.’
Where there are concerns that these principles have not been appropriately upheld, public integrity agencies such as Ombudsman SA play an important role in independently investigating complaints.
Council’s Complaints Handling Policy and Internal Review of Council Decisions Policy set out the complaints handling and decision review mechanisms within Council while advising the discretion that complainants have to take matters directly to the Ombudsman.
Legal Implications
Section 13 of the Ombudsman Act 1972 sets out the following provisions with regard to the matters that can be investigated:
Risk Management Implications
The appropriate management of complaints, requests for decision reviews and referrals from other agencies will assist in mitigating the risk of:
Poor governance practices occur which lead to a loss of stakeholder (i.e. customer and regulator) confidence and/or legislative breaches.
Inherent Risk Residual Risk Target Risk Extreme (5C) Medium (3D) Medium (3D)
Page 2 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Ombudsman SA 2016/17 Annual Report
Note that there are many other controls that are in place to mitigate this risk.
Financial and Resource Implications
Not applicable.
Customer Service and Community/Cultural Implications
There is a high expectation that Council has appropriate governance and accountability mechanisms in place in relation to complaint handling and decision reviews and that it appropriately deals with referrals from other agencies such as Ombudsman SA.
Environmental Implications
Not applicable.
Engagement/Consultation with Committee, Regional Subsidiary, Advisory Group and Community
Council Committees: Not Applicable
Council Workshops: Not Applicable
Advisory Groups: Not Applicable
Administration: Consultation occurred with staff of the Governance & Perfromance Department.
Community: Not Applicable
2. BACKGROUND
At its 26 September 2017 meeting, Council received and noted a report on the complaints lodged with the Ombudsman for the period 1 January - 30 June 2017 along with commentary on the status of the matters that were referred back to Council.
Members may recall that of the 16 complaints dealt with in that period by the Ombudsman, there were no adverse findings regarding Council’s actions.
In discussing the item, Councillor Stratford queried how the figures compared with other councils and an undertaking was given to providing a supplementary report to Council once the Ombudsman’s Annual Report was released.
The Ombudsman has provided Council with the 2016/17 Annual Report which, amongst many things, provides statistics on the matters that have been raised with that agency for each council. This section of the Annual Report has been extracted and is at (Appendix 1).
Page 3 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Ombudsman SA 2016/17 Annual Report
3. ANALYSIS
Complaints Received
For the period 1 July 2016 to 30 June 2017, the Ombudsman received 34 complaints from the Adelaide Hills Council area, which was 3.5% of total complaints received.
The following table is summarised from the information on printed page numbers 30 and 31 of the Annual Report (Appendix 1) and provides a comparison of AHC’s neighbouring councils.
Council Complaints Received Complaints/ 10,000 pop Adelaide Hills Council 34 8.4 City of Playford 40 4.4 City of Tea Tree Gully 34 3.4 Campbelltown City Council 10 1.9 City of Burnside 28 2.9 City of Mitcham 25 3.7 City of Onkaparinga 65 3.8 District Council of Mt Barker 26 7.8 Mid-Murray Council 17 20.5 The Barossa Council 7 2.9
AHC’s higher levels of complaints on a per capita basis than its peers (excluding Mid-Murray Council) could be caused by a multitude of factors.
The six-monthly report considered in September contained complaints relating to the elected Council’s policy positions/resolutions; failure to comply with legislative requirements; unreasonable development and unreasonable complaint management to name a few.
Of the 34 complaints received by the Ombudsman regarding AHC, it is important to note that none were the subject to investigations under s25 of the Ombudman Act and, therefore, clearly there were no findings of unlawful, unreasonable or wrong actions against Council within the menaning of that Act.
Another reason for higher levels of complaints could be that the relevant council provides good information to its community on the complaint and grievance resolution options (including the Ombudsman) available to them. In AHC’s case, both the Complaints Handling and IRCD policies are very clear about resolution options and we train our staff and structure our document templates to include this type of information.
Nature of Complaints
The Annual Report (printed page numbers 34-36) contains information on the nature of the issues that are the subject of complaints to the Ombudsman regarding local government functions.
It is interesting (but not surprising) to note that out of the 1021 complaints dealt with by the Ombudsman, the more prominent complaint issues are as follows:
Page 4 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Ombudsman SA 2016/17 Annual Report
Issue % of complaints Regulation and enforcement - Parking – Unreasonable enforcement 18.4 Complaint handling – Inadequate process 7.1 Complaint handling – Delay 6.3 Complaint handling – Inadequate remedy 5.9 Regulation and enforcement – Planning & development – 5.8 Inappropriate development allowed Complaint Handling – Wrong conclusion 4.1 Financial/Procurement – Facilities – Rates – Amount 3.4 Regulation and enforcement – Planning & development – 2.8 Unreasonable conditions imposed Correspondence – Communications – Records Delay – No response 2.3 Financial/Procurement – Facilities – Rates – Recovery Action 2.2 Council member code of conduct – Breach of part 3 – Bias and 2.0 conflict of interest
Outcomes and Case Studies
In terms of how matters that were the subject of complaints were dealt with, printed page number 36 (Appendix 1) sets out the outcomes of the Ombudsman’s investigations.
The top three outcomes were: Referred back to agency – 48% Declined/Investigation unnecessary or unjustifiable – 25.7% Alternate remedy available with another body – 7.9%
Given that Ombudsman investigations with adverse findings are highly publicised, it may surprise readers to note that only 1.7% of issues investigated resulted in a finding of a breach of s25 of the Ombudsman Act 1972 (i.e. council actions were contrary to law, unreasonable or wrong).
Print page numbers 37-40 (Appendix 1) contain some interesting case studies of local government matters investigated by the Ombudsman (under s25 of the Act) setting out the nature of the complaint, the investigation and outcome and the Ombudsman’s recommendations.
4. OPTIONS
As this is an information report it is recommended that Council receive and note the item.
5. APPENDIX
(1) Ombudsman SA 2016/17 Annual Report – Local Government Summary
Page 5
Appendix 1 Ombudsman SA 2016/17 Annual Report – Local Government Summary
Local Government
Summary tables 1 July 2016 - 30 June 2017
Complaints: Received
Local Council Received Percentage Population 30 June 2016 Complaints/10,000 popn
Adelaide, City of 92 9.6 23 615 38.9
Adelaide Hills Council 34 3.5 40 013 8.4
Adelaide Plains Council/Mallala, 14 1.4 8 806 15.8 District Council of
Alexandrina Council 18 1.9 25 585 7.0
Barossa Council, The 7 0.8 23 410 2.9
Barunga West, District Council of 1 0.1 2 453 4.0
Berri Barmera Council 7 0.8 10 350 6.7
Burnside, City of 28 2.9 45 337 6.1
Campbelltown City Council 10 1.0 51 983 1.9
Ceduna, District Council of 2 0.2 3 743 5.3
Charles Sturt, City of 49 5.1 114 6 77 4.2
Coober Pedy, District Council of 9 0.9 1 782 50.5
Coorong, District Council 3 0.3 3 743 8.0
Copper Coast, District Council of the 15 1.5 14 299 10.4
Elliston, District Council of 3 0.3 1 056 28.4
Flinders Ranges Council, The 1 0.1 1 567 6.3
Franklin Harbour, District Council of 3 0.3 1 211 24.7
Gawler, Town of 22 2.3 23 192 9.4
Goyder, Regional Council of 6 0.6 4 213 14.2
Grant, District Council of 2 0.2 8 326 2.4
Holdfast Bay, City of 20 2.1 37 376 5.3
Kangaroo Island Council 10 1.0 4 635 21.5
Kingston District Council 2 0.2 2 369 8.4
Light Regional Council 7 0.8 15 031 4.6
Lower Eyre Peninsula, District Council of 1 0.1 5 072 1.9
Loxton Waikerie, District Council of 9 0.9 11 396 7.8
Marion, City of 25 2.6 89 777 2.7
Mid Murray Council 17 1.8 8 268 20.5
Mitcham, City of 25 2.6 66 314 3.7
Mount Barker, District Council of 26 2.7 3 3 117 7.8
Mount Gambier, City of 11 1.1 26 317 4.1
30 OMBUDSMAN SA ANNUAL REPORT 2016/17 Local Council Received Percentage Population 30 June 2016 Complaints/10,000 popn
Mount Remarkable, District Council of 7 0.8 2 774 25.2
Murray Bridge, Rural City of 17 1.8 21 163 8.0
Naracoorte Lucindale Council 1 0.1 8 305 1.2
Northern Areas Council 7 0.8 4 454 15.7
Norwood, Payneham & St Peters, City of 21 2.2 37 496 5.6
Onkaparinga, City of 65 6.8 169 575 3.8
Orroroo/Carrieton, District Council of 1 0.1 854 11.7
Peterborough, District Council of 9 0.9 1 696 53.0
Playford, City of 40 4.1 89 676 4.4
Port Adelaide Enfield, City of 38 3.9 125 083 3.0
Port Augusta City Council 16 1.6 14 441 11. 0
Port Lincoln, City of 3 0.3 14 997 2.0
Port Pirie Regional Council 5 0.5 17 345 2.8
Prospect, City of 5 0.5 21 410 2.3
Renmark Paringa, District Council of 3 0.3 9 117 3.2
Robe, District Council of 10 1.0 1 424 70.2
Roxby Council 5 0.5 4 985 10.0
Salisbury, City of 35 3.7 140 212 2.4
Southern Mallee District Council 3 0.3 2 056 14.5
Streaky Bay, District Council of 4 0.4 2 267 17.6
Tatiara District Council 1 0.1 6 570 1.5
Tea Tree Gully, City of 34 3.5 9 9 118 3.4
Tumby Bay, District Council of 6 0.6 2 659 22.5
Unley, City of 23 2.5 39 518 5.8
Victor Harbor City Council 11 1.1 15 337 7.1
Wakefield Regional Council 1 0.1 6 870 1.4
Walkerville, Town of 5 0.5 7 694 6.4
Wattle Range Council 4 0.4 11 25 8 3.5
West Torrens, City of 84 8.7 59 312 14.1
Whyalla, City of 10 1.0 22 582 4.4
Yankalilla, District Council of 2 0.2 4 777 4.1
Yorke Peninsula Council 10 1.0 10 966 9.1
Total 965 100%
OMBUDSMAN ACT - LOCAL GOVERNMENT 31 Complaints: Completed
Local Council Completed Percentage Population 30 June 2016 Complaints/10,000 popn
Adelaide, City of 98 10.0 23 615 41.4
Adelaide Hills Council 37 3.7 40 013 9.2
Adelaide Plains Council/Mallala, 17 1.7 8 806 19.3 District Council of
Alexandrina Council 18 1.8 25 585 7.0
Barossa Council, The 8 0.8 23 410 3.4
Barunga West, District Council of 1 0.1 2 453 4.0
Berri Barmera Council 6 0.6 10 350 5.7
Burnside, City of 28 2.8 45 337 6.1
Campbelltown, City of 11 1.1 51 983 2.1
Ceduna, District Council of 3 0.3 3 743 8.0
Charles Sturt, City of 53 5.3 114 6 77 4.6
Clare and Gilbert Valleys Council 1 0.1 9 059 1.1
Coober Pedy, District Council of 9 0.9 1 782 50.5
Coorong District Council 3 0.3 5 516 5.4
Copper Coast, District Council of the 16 1.6 14 299 11.1
Elliston, District Council of 3 0.3 1 056 28.4
Flinders Ranges Council, The 1 0.1 1 576 6.3
Franklin Harbour, District Council of 4 0.4 1 211 33.0
Gawler, Town of 19 1.9 23 192 8.1
Goyder, Regional Council of 6 0.6 4 213 14.2
Grant, District Council of 3 0.3 8 326 3.6
Holdfast Bay, City of 19 1.9 37 376 5.0
Kangaroo Island Council 8 0.8 4 635 17.2
Kingston District Council 2 0.2 2 369 8.4
Light Regional Council 7 0.7 15 031 4.6
Lower Eyre Peninsula, District Council of 1 0.1 5 072 1.9
Loxton Waikerie, District Council of 9 0.9 11 396 7.8
Marion City of 29 2.9 89 777 3.2
Mid Murray Council 17 1.7 8 268 20.5
Mitcham, City of 26 2.7 66 314 3.9
Mount Barker District Council 26 2.7 3 3 117 7.8
Mount Gambier, City of 9 0.9 26 317 3.4
32 OMBUDSMAN SA ANNUAL REPORT 2016/17 Local Council Completed Percentage Population 30 June 2016 Complaints/10,000 popn
Mount Remarkable, District Council of 7 0.7 2 774 25.2
Murray Bridge, Rural City of 17 1.7 21 163 8.0
Naracoorte Lucindale Council 1 0.1 8 305 1.2
Northern Areas Council 7 0.7 4 454 15.7
Norwood, Payneham & St Peters, City of 23 2.4 37 496 6.1
Onkaparinga, City of 63 6.4 169 575 3.7
Orroroo/Carrieton, District Council of 1 0.1 854 11.7
Peterborough, District Council of 12 1.2 1 696 70.7
Playford, City of 40 4.1 89 676 4.4
Port Adelaide Enfield, City of 38 3.8 125 083 3.0
Port Augusta City Council 16 1.6 14 441 11. 0
Port Lincoln, City of 3 0.3 14 997 2.0
Port Pirie Regional Council 6 0.6 17 345 3.4
Prospect, City of 7 0.7 21 410 3.2
Renmark Paringa, District Council of 3 0.3 9 117 3.2
Robe, District Council of 9 0.9 1 424 63.2
Roxby Council 5 0.5 4 985 10.0
Salisbury, City of 37 3.7 140 212 2.6
Southern Mallee District Council 3 0.3 2 056 14.5
Streaky Bay, District Council of 4 0.4 2 267 17.6
Tatiara District Council 1 0.1 6 570 1.5
Tea Tree Gully, City of 33 3.3 9 9 118 3.3
Tumby Bay, District Council of 6 0.6 2 659 22.5
Unley, City of 23 2.4 39 518 5.8
Victor Harbor City Council 16 1.6 15 337 10.4
Wakefield Regional Council 1 0.1 6 870 1.4
Walkerville, Town of 6 0.6 7 694 7.7
Wattle Range Council 4 0.4 11 25 8 3.5
West Torrens, City of 82 8.3 59 312 13.8
Whyalla, City of 10 1.0 22 582 4.4
Yankalilla, District Council of 2 0.2 4 777 4.1
Yorke Peninsula Council 7 0.7 10 966 6.3
Total 991 100%
OMBUDSMAN ACT - LOCAL GOVERNMENT 33 Complaints: Issues
Issue Total Percentage
Advice 2 0.2
Complaint handling/Conflict of interest 1 0.1
Complaint handling/Delay 64 6.3
Complaint handling/Inadequate processes 73 7.1
Complaint handling/Inadequate reasons 13 1.3
Complaint handling/Inadequate remedy 60 5.9
Complaint handling/Wrong conclusion 42 4.1
Conduct/Discourtesy 11 1.1
Conduct/Failure to declare conflict of interest 7 0.7
Conduct/Failure to follow proper process 19 1.9
Conduct/Misconduct 14 1.4
Correspondence/Communications/Records/Access 7 0.7
Correspondence/Communications/Records/Breach of privacy/confidentiality (CCR) 6 0.6
Correspondence/Communications/Records/Delay/No response 24 2.3
Correspondence/Communications/Records/Incorrect 12 1.2
Correspondence/Communications/Records/Wrongful disclosure of information 3 0.2
Council member code of conduct/Breach of part 2 17 1.7
Council member code of conduct/Breach of part 3/Lodge register of interests 2 0.2
Council member code of conduct/Breach of part 3/Bias and conflict of interest 21 2.0
Council member code of conduct/Breach of part 3/Use of council resources effectively and prudently 1 0.1
Council member code of conduct/Breach of part 3/Use of public funds 1 0.1
Council member code of conduct/Breach of part 3/repeated or sustained part 2 behaviour 2 0.2
Council member code of conduct/Breach of part 3/Failure to comply with part 2 finding 1 0.1
Council member code of conduct/Breach of part 3/Perform duties with reasonable care 6 0.6
Council member code of conduct/Breach of part 3/Divulge confidential information 6 0.6
Council member code of conduct/Breach of part 3/External relationships improper influence 2 0.2
Financial/Procurement/Facilities/Compensation/Damage/Physical injury 2 0.2
Financial/Procurement/Facilities/Compensation/Damage/Property lost/Damaged 20 1.9
Financial/Procurement/Facilities/Debts/Level of charges 2 0.2
Financial/Procurement/Facilities/Debts/Recovery action 2 0.2
Financial/Procurement/Facilities/Facilities owned/Controlled by authority/Drainage 9 0.9
34 OMBUDSMAN SA ANNUAL REPORT 2016/17 Issue Total Percentage
Financial/Procurement/Facilities/Facilities owned/Controlled by authority/Parks and gardens 2 0.2
Financial/Procurement/Facilities/Facilities owned/Controlled by authority/Recreational facilities 4 0.4
Financial/Procurement/Facilities/Facilities owned/Controlled by authority/Roads/Streets 10 1.0
Financial/Procurement/Facilities/Other fees and charges 11 1.1
Financial/Procurement/Facilities/Procurement by agencies/ Tenders 6 0.6
Financial/Procurement/Facilities/Rates/Administration 10 1.0
Financial/Procurement/Facilities/Rates/Amount 35 3.4
Financial/Procurement/Facilities/Rates/Recovery action 23 2.2
Financial/Procurement/Facilities/Rates/Valuations 3 0.2
FOI advice 18 1.8
Governance/Confidentiality 2 0.2
Governance/Electoral 1 0.1
Governance/Failure to follow proper process 19 1.9
Governance/Prudential 3 0.2
Governance/Public consultation 13 1.3
Records management 1 0.1
Regulation and enforcement/Animals/Excessive action 20 1.9
Regulation and enforcement/Animals/Failure to act on complaints 10 1.0
Regulation and enforcement/Building/Failure/Failure to enforce condition 1 0.1
Regulation and enforcement/Building/Failure/Delay to issue permit 2 0.2
Regulation and enforcement/Building/Inappropriate construction allowed 6 0.6
Regulation and enforcement/Building/Unreasonable conditions imposed 3 0.2
Regulation and enforcement/Building/Unreasonable enforcement 2 0.2
Regulation and enforcement/Environmental protection/Excessive action 4 0.4
Regulation and enforcement/Environmental protection/Failure to action on complaints 6 0.6
Regulation and enforcement/Local laws/Failure to enforce 2 0.2
Regulation and enforcement/Local laws/Improper/Inappropriate 4 0.4
Regulation and enforcement/Local laws/Unreasonable enforcement 6 0.6
Regulation and enforcement/Nuisances/Failure to action on complaints 10 1.0
Regulation and enforcement/ Parking/Failure to enforce restrictions 9 0.9
Regulation and enforcement/Parking/Permits 2 0.2
Regulation and enforcement/Parking/Restrictions 2 0.2
OMBUDSMAN ACT - LOCAL GOVERNMENT 35 Issue Total Percentage
Regulation and enforcement/ Parking/Unreasonable enforcement 188 18.4
Regulation and enforcement/Planning & development/Failure to enforce condition 11 1.1
Regulation and enforcement/Planning & development/Failure to notify 6 0.6
Regulation and enforcement/Planning & development/Failure/ Delay to issue permit 8 0.8
Regulation and enforcement/Planning & development/Inappropriate development allowed 59 5.8
Regulation and enforcement/Planning & development/ Unreasonable conditions imposed 29 2.8
Regulation and enforcement/Planning & development/ Unreasonable enforcement 10 1.0
Regulation and enforcement/Public health/Failure to act on complaints 5 0.5
Regulation and enforcement/Public health/Unreasonable conditions imposed 2 0.2
Regulation and enforcement/Public health/Unreasonable enforcement 1 0.1
Total 1021 100%
Outcomes
Outcome Total Percentage
Advice given 29 2.9
Alternate remedy available with another body 78 7.9
Complaint cannot be contacted 4 0.4
Declined/Investigation unnecessary or unjustifiable 254 25.7
Declined/No sufficient personal interest or not directly affected 6 0.6
Declined/Out of time 7 0.7
Declined/Trivial, frivolous, vexatious, not made in good faith 1 0.1
Not substantiated 9 0.9
Out of jurisdiction/Policy 1 0.1
Referred back to agency 476 48.0
Advice to authority 4 0.4
Resolved with agency cooperation 63 6.4
s25 Finding/Contrary to law 8 0.8
s25 Finding/Unreasonable 1 0.1
s25 Finding/Improper purpose or irrelevant grounds or consideration 1 0.1
s25 Finding/No reason given 1 0.1
s25 Finding/Wrong 6 0.6
Withdrawn by complainant 42 4.2
Total 991 100%
36 OMBUDSMAN SA ANNUAL REPORT 2016/17 Case studies
City of Adelaide ›› obtain additional information or clarification from Investigation - Unreasonable internal review process the parties as required 2015/10485 ›› keep the parties up to date with the progress of the review Complaint • reconsider its decision to remove the tree in light of all information that is now before it, including the Nicolle My investigation considered a complaint about the council’s report in its entirety, as well as a consideration of the decision to remove a tree and the subsequent section merits of the decision to remove the tree. 270 review undertaken by the council. The complainant asserted that the council failed to appropriately consider the merits of the decision to remove the tree and also City of Adelaide did not consider all information that was available to it at Investigation - Breach of council member code of the time of making the decision, in particular, an arborists conduct - Cr Wilkinson report commissioned and supplied by the complainant to 2016/10027 the council as part of the internal review. Complaint Investigation and Outcome I was alerted to the report of Cr Sandy Wilkinson’s conduct My investigation considered whether the council had acted via a media report that was published on 15 December in manner that was wrong within the meaning of section 2016. As a result, I commenced an own initiative 25(1)(g) of the Ombudsman Act by failing to consider investigation. the merits of the decision to remove the tree during the section 270 process. The investigation also considered Cr Wilkinson was alleged to have failed to declare a whether the council’s original decision to remove the tree conflict of interest in relation to Item 5, Recommendation was made appropriately. 5.10, at a council meeting that was held on 22 November 2016. My investigation found that the council’s original decision to remove the tree was appropriately made based on the During the council meeting, Cr Wilkinson participated information it had before it at the time and that it was in a vote to increase the City of Adelaide’s professional reasonably open to the council to decide to remove the fees subsidy for heritage restoration, without declaring tree. a potential conflict of interest in relation to his business, Alexander Wilkinson Design Pty Ltd, which provides However, my investigation found that, in undertaking the heritage restoration services. In participating in the vote, s270 review, although the council reviewed its decision it was alleged Cr Wilkinson failed to properly deal with a making process, it failed to also appropriately consider material, actual or perceived conflict of interest under the the merits of the decision to remove the tree and in doing Local Government Act 1999, which is also a breach of Part so, acted in manner that was wrong within the meaning of 3.13 of the Code of Conduct for Council Members. section 25(1) of the Ombudsman Act. Investigation and Outcome I recommended that the council: I found that whilst Cr Wilkinson did not have a material • review its Corporate Complaint Operating Guideline conflict of interest, he did have an actual and perceived (including section 270 internal review of council conflict of interest. I also found that Cr Wilkinson failed to decisions or grievances) to clearly outline how the deal with the conflict of interest in breach of section 75A council will undertake its section 270 review process of the Local Government Act 1999 and Clause 3.13 of and to make clear that such a process should include the Code of Conduct, and thereby acted in a manner that an assessment of the merits of the decision, including was unlawful within the meaning of section 25(1)(a) of the a requirement to: Ombudsman Act. ›› review all documentation and information relevant to the decision I recommended that Cr Wilkinson issue a public apology to the Council within two ordinary meetings of the Council for ›› review all relevant council policies and procedures failing to appropriately deal with the conflict of interest at relied upon in making the decision the meeting of 22 November 2016.
OMBUDSMAN ACT - LOCAL GOVERNMENT 37 City of Burnside City of Charles Sturt Investigation - Breach of council member code of Investigation - Breach of council member code of conduct - Cr Felicity Lord conduct - Mayor Evans 2016/08185 2016/01306
Complaint Complaint
It was alleged that a council member breached Part 3 of It was alleged that: the Code of Conduct for Council Members by failing to comply with a council resolution. • the council’s Mayor inappropriately accepted a motion without notice contrary to the Local Government The resolution arose from an investigation into a complaint (Procedures at Meetings) Regulations 2013 and the that the council member had made comments to a reporter council’s code of practice for meeting procedures (the about a council employee, and in doing so breached code of practice) clauses 2.2-2.5, 2.7 and 2.11 of the Code of Conduct. • the Mayor’s acceptance of the motion without notice The council considered the investigation report into the was contrary to the Code of Conduct complaint and resolved to accept the recommendations • the council member who proposed the motion without including recommendation 4 which required the council notice acted contrary to the Local Government member to make a public apology to the council employee (Procedures at Meetings) Regulations 2013. at a council meeting by 30 September 2016. The Councillor did not comply with the recommendation by Investigation and Outcome that date. The Mayor referred the matter to this Office as a complaint under Part 3 of the Code of Conduct. In relation to the first issue, my investigation found that the Mayor acted in a manner that was wrong by breaching the Investigation and Outcome code of practice. This was on the basis that the motion was not urgent. My investigation found that the council member failed to comply with a finding of an investigation under Part 2.22 In relation to the second issue, my investigation found that of the Code of Conduct. I found that, in failing to comply the Mayor acted in breach of clause 3.2 of the Code of with the council resolution the council member breached Conduct. This was on the basis that by breaching the code section 63 of the Local Government Act and clause 3.2 of practice, the Mayor failed to act with reasonable care of the Code of Conduct. In doing so, the council member and diligence. acted in a manner that was contrary to law within the meaning of section 25(1)(a) of the Ombudsman Act. In relation to the third issue, my investigation found that the council member who proposed the motion without I recommended that my findings be tabled at a public notice was not bound by the Guiding Principles in the meeting of the council and that the member be Local Government (Procedures at Meetings) Regulations reprimanded by the council and required to make a public 2013 and the discretion to accept or decline the motion apology to the council employee at the meeting at which rested with the Mayor. On that basis, I considered that my report was tabled. investigation of the council member’s conduct was not necessary or justifiable.
I recommended that the council review the code of practice to include a provision requiring contemporaneous documentation of decisions made by the Principal Member to accept a notice without motion, noting especially an explanation of the relative urgency of the matter.
38 OMBUDSMAN SA ANNUAL REPORT 2016/17 City of Onkaparinga District Council of Peterborough Early resolution - Unreasonable notice provided for a Investigation - Failure to adequately perform internal development assessment panel meeting review 2016/07885 2016/02992
Complaint Complaint
The complainant called to raise concerns about a notice It was alleged that: issued for a council development assessment panel meeting. The notice dated 4 October 2016 informed • the council’s decision to enforce a by-law to require the her that a meeting would take place on 6 October 2016. complainant to remove vegetation from council land According to the complainant the letter also stated that it was unreasonable was a requirement that the council provide five business • the council unfairly discriminated against the days’ notice of the date of the meeting. The complainant complainant by requiring removal of the vegetation called the council and an officer confirmed that an error • the council failed to conduct an internal review in had been made but the meeting would not be deferred. accordance with its internal review policy. The complainant said that she needed more time to prepare submissions for the meeting. Investigation and Outcome
Outcome In relation to the first issue, my investigation found that the council explored conciliatory and informal options to My officer called the council on 6 October 2016 and resolve the matter and it was reasonably open for the spoke with an officer in the governance area. The officer council to enforce the by-law. informed me that they accepted an administrative error had occurred and that the meeting would be deferred to In relation to the second issue, my investigation found that 27 October and all parties would be advised by telephone. the council had required other residents to remove material My Office accepted this was a reasonable remedy and from council land and on that basis the council did not act informed the complainant. in a manner that was discriminatory.
In relation to the third issue, my investigation found that the council was wrong in failing to provide sufficient reasons in relation to its internal review and failing to assist the complainant to effectively participate in the review.
I recommended that the council:
• review its internal review policy to clarify the substance and form of a section 270 review report • write to the complainant explaining the process and procedure of the internal review and the reasons for the council’s decision, and apologising for failing to assist the complainant to effectively participate in the review.
OMBUDSMAN ACT - LOCAL GOVERNMENT 39 City of Port Adelaide Enfield City of Victor Harbor Early resolution - Failure to facilitate improved Investigation - Breach of council member code of communication conduct - Cr Peter Charles 2016/06225 2016/04181
Complaint Complaint
The complainant was a person who is Deaf. His first The complainant alleged that the council member failed to language is AUSLAN. Consequently, he was unable to disclose a material conflict of interest, therefore breaching sufficiently understand or respond to the council’s attempts the provisions of section 62 of the Local Government Act to communicate with him in relation to a roofing issue. and clause 3.13 of Part 3 of the Code of Conduct. The complainant requested a meeting with staff of the council along with an interpreter. The council arranged a It was alleged that the council member remained meeting but was unwilling to provide an interpreter, instead present during an agenda item, in which a report of an utilising a staff member who was able to communicate in Ombudsman investigation concerning the disclosure of sign language. This person was not a qualified interpreter confidential information by the council member in question and could only sign letter-by-letter which hindered fluent was put before the council. Item 16.1.2 covered the five communication. The complainant left the meeting and recommendations that were made in relation to the matter, subsequently received further correspondence which which relevantly called for the council member to be he was, again, unable to understand or respond to. The reprimanded and attend training. complainant had experienced similar incidents with the Investigation and Outcome council previously and, in his view, these interactions had caused council staff to develop an attitude towards him. The Ombudsman first found that the council member had a material interest within the meaning of section 73(1) of Outcome the Local Government Act if they would receive a direct My officer contacted the council to discuss the issues or indirect benefit or detriment depending on the outcome raised by the complainant, including the council’s approach of a matter at the meeting. Section 74 of the Act requires to people who have a disability, such as deafness. My a council member with a material conflict of interest to officer suggested that it would be appropriate for the inform the meeting of the conflict and leave the meeting council to create a policy to guide and inform staff about room. what process to follow when interacting with people Of the five recommendations, the Ombudsman found with disabilities. In response, the council arranged a that three directly affected the council member. It was meeting with the complainant and an AUSLAN qualified found that the council member would suffer a direct loss interpreter. This was productive and both parties were able of a personal nature through a loss of reputation with the to express their views effectively. Additionally, the council adoption of the recommendations. The council member initiated a process to promote understanding amongst admitted that he did not leave the room during item 16.1.2 staff and reduce the barriers for people with different and in fact voted on the item. It was found that he did have communication needs who approached the council. This a material conflict of interest and that he failed to disclose involved staff training on use and booking of interpreter this interest. It was not relevant that the council member services, as well as training with a provider of interpreter voted in favour of the recommendations being adopted. services. The agency also undertook to develop policies and procedures accordingly. It was recommended under section 25(2) of the Ombudsman Act that the council make arrangements for Although the council had acted poorly in its initial approach the member to attend training on the conflict of interest to the complaint, which essentially raised issues of provisions of the Local Government Act. As he did not discrimination, I was satisfied with the action taken by the exhibit an intention to gain a benefit or suffer a loss, there agency in response and that the measures implemented was no recommendation of the penalty set out in section would ensure similar incidents did not occur in the future. 74(1) of the Local Government Act.
40 OMBUDSMAN SA ANNUAL REPORT 2016/17 ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING Tuesday 12 December 2017 AGENDA BUSINESS ITEM
Item: 13.3
Originating Officer: Lachlan Miller, Executive Manager Governance & Performance
Responsible Director: Terry Crackett, Director Corporate Services
Subject: Ombudsman’s Correspondence – Complaint regarding Internal Review of Council Decision – Elector Representation Review
For: Information
SUMMARY
At its 22 August 2017 Ordinary meeting, Council received an investigation report resulting from an application for the internal review of a council decision being the 28 February 2017 decision (38/17) regarding the Elector Representation Review.
In considering the report in the role of the reviewer, under the Internal Review of Council Decision Policy, Council resolved to accept the findings and recommendation of the investigator and that the decision (38/17) was reasonable and should stand.
The applicant for the internal review was advised of the decision and has since attended a number of Council meetings expressing dissatisfaction with the Internal Review process and result and advising that the matter would be the subject of a complaint to the Ombudsman.
The foreshadowed complaint was lodged with the Ombudsman SA and the Administration has assisted the Ombudsman’s Office in their preliminary assessment of the matter.
On 19 November 2017, the Ombudsman wrote to the complainant, with a copy to Council advising that:
On the information available, it does not appear to me that the council acted in a way that may possibly be unlawful, unreasonable, or wrong within the meaning of the Ombudsman Act. Accordingly I do not consider that further enquiries in your complaint by my Office are necessary or justifiable.
The purpose of this report is to provide, with the Ombudsman’s permission, a copy of the Ombudsman’s correspondence to provide assurance to Council and the community, in light of the comments made repeatedly in the Chamber by the complainant, as to the integrity of Council’s Elector Representation Review and Internal Review of Council Decision processes.
Page 1 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Ombudsman’s Correspondence – Complaint regarding Internal Review of Council Decision – Elector Representation Review
RECOMMENDATION
Council resolves that the report be received and noted.
1. GOVERNANCE
Strategic Management Plan/Council Policy
Goal: Organisational Sustainability Strategy: Governance
A key element of the Governance Strategy within Council’s Strategic Plan is to ensure that transparent and responsible decision making occurs within the elected Council and Administration.
Where there are concerns that these principles have not been appropriately upheld, public integrity agencies such as Ombudsman SA play an important role in independently investigating complaints.
Legal Implications
Section 270(1) of the Local Government Act 1999 (the Act) requires that Council must establish procedures for the review of decisions by council; employees of council; and other persons acting on behalf of council. In this regard Council has adopted the Internal Review of Council Decisions Policy (the Policy).
In accordance with clause 8.1.1 of the Policy, the elected Council is the reviewer when the decision being reviewed was made by the elected Council, a Committee of the Council or the CEO.
The role of the Ombudsman is set out in section 13 of the Ombudsman Act 1972 and includes the investigation of any administrative act.
Risk Management Implications
Dealing with internal review applications effectively and in accordance with the provisions of Section 270 and the Policy will assist in mitigating the risk of:
Poor governance practices occur which lead to a loss of stakeholder (i.e. customer and regulator) confidence and/or legislative breaches.
Inherent Risk Residual Risk Target Risk Extreme (5C) Medium (3D) Medium (3D)
Note that there are many other controls that assist in mitigating this risk.
Page 2 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Ombudsman’s Correspondence – Complaint regarding Internal Review of Council Decision – Elector Representation Review
Financial and Resource Implications
Not applicable.
Customer Service and Community/Cultural Implications
There is a high expectation that complaints and requests for decision reviews are managed in an appropriate manner. These can often be the source of valuable improvement opportunities in the way in which Council delivers services to the community.
Environmental Implications
Not applicable
Engagement/Consultation with Committee, Regional Subsidiary, Advisory Group and Community
Council Committees: Not Applicable
Council Workshops: Not Applicable
Advisory Groups: Not Applicable
Administration: The Executive Leadership Team and the Internal Review Contact Officer (for the subject s270 application) have been consulted.
Community: Not Applicable
2. BACKGROUND
At its 22 August 2017 Ordinary meeting, Council received an investigation report resulting from an application for the internal review of a council decision being the 28 February 2017 decision (38/17) regarding the Elector Representation Review.
In considering the report in the role of the reviewer, under the Internal Review of Council Decision Policy, Council resolved as follows:
On 5 September 2017, the internal review applicant was advised of the above resolution regarding the internal review of Council decision (38/17).
Page 3 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Ombudsman’s Correspondence – Complaint regarding Internal Review of Council Decision – Elector Representation Review
Since that time, the applicant has attended a number of Council meetings and via the Public Forum and Deputation mechanisms has made comments implying that Council’s conduct of the Elector Representation Review and specifically the Internal Review regarding Council decision (38/17) was flawed.
Further the applicant advised that a complaint would be made to the Ombudsman regarding these matters.
On 13 September 2017 the Administration was contacted by the Ombudsman’s Office and requested to provide certain information to assist the Ombudsman to undertake an assessment of the complaint made regarding the internal review of Council’s 28 February 2017 decision (38/17). The requested information (and subsequent clarifications) was provided.
Council received a copy of the correspondence dated 19 October 2017 (Appendix 1) addressed to the complainant regarding the Ombudsman’s assessment of the above complaint.
For clarity, the internal review applicant and the complainant are the same person and that person’s identity has been redacted notwithstanding that they have clearly stated in public forums of both the intention and then the lodgement of a complaint to the Ombudsman on the matter.
Upon receipt of the Ombudsman’s correspondence it was identified that a statement from the AHC Administration to the Ombudsman’s Office had been misinterpreted in that the Ombudsman’s correspondence (page 2) states that ‘Feedback on the draft report from both you and the elected council…’. The Administration has clarified with the Ombudsman’s Office that the elected council did not provide feedback on the draft report but rather two members of the Administration provided the feedback. The Ombudsman’s Office have acknowledge this and requested that the error is identified for any reader of the correspondence.
While the Ombudsman Act imposes obligations on, amongst others, council officers to keep information regarding the Ombudsman’s enquiries confidential, the Ombudsman has specifically approved disclosure of his correspondence at a public meeting.
3. ANALYSIS
The Ombudsman’s correspondence sets out the seven elements of complaint made (a number of these have been raised within the Council Chamber by the complainant) and dismisses each of these.
The Ombudsman concludes:
On the information available, it does not appear to me that the council acted in a way that may possibly be unlawful, unreasonable, or wrong within the meaning of the Ombudsman Act. Accordingly I do not consider that further enquiries in your complaint by my Office are necessary or justifiable.
The Ombudsman has advised that he has closed his file on the complaint.
Page 4 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 Ombudsman’s Correspondence – Complaint regarding Internal Review of Council Decision – Elector Representation Review
4. OPTIONS
As this is an information report it is recommended that Council receive and note the item.
5. APPENDIX
(1) ‘Your Complaint about the Adelaide Hills Council’ – SA Ombudsman 19 October 2017
Page 5
Appendix 1 ‘Your Complaint about the Adelaide Hills Council’ – SA Ombudsman 19 October 2017
OmbudsmanSA copy
Enquiries: Ms Deb Marantos Telephone: (08) 8226 8699 Ombudsman reference: 2017/09226
Dear Mr
Your complaint about the Adelaide Hills Council
I refer to my letter dated 11 September 2017 and your complaint about the council under the Ombudsman Act 1972
I have assessed your information and understand that your complaint concerns an internal review conducted by the council. You applied for the review on 21 March 2017. The internal review principally focussed on your contention that council erred when it decided to extinguish the current five ward system. It is your view that the council failed to reasonably take into consideration the submissions made by the rate payers which did not favour this decision.
Whenever my Office receives a complaint, the matter is assessed as to whether the complaint comes within my jurisdiction and, if so, whether I should exercise my discretion to commence an investigation. I have assessed your complaint and, although it is within jurisdiction, I have determined that an investigation is not necessary or justified in the circumstances. I explain how I arrived at this decision below.
On this matter, I am mindful that the Electoral Commissioner determined on 5 May 2017 that the council failed to meet the legislative requirements of section 12 of the Local Government Act 1999 (the Act). Therefore, it would have been reasonable in the circumstances for the council not to proceed with an internal review. I understand the council is currently conducting a second process that is separate to the matters you have complained about.
My enquiries
In my enquiries, my Office: assessed the information provided by you obtained a response from the council considered the Act and the council's Internal Review of Council Decision policy (the Policy) prepared this letter to you.
My assessment of your complaint
The first issue raised by your complaint is whether the council's decision to appoint Mr Pincombe as the external investigator was reasonable. According to the council's policy the Mayor has the responsibility to determine the most suitable person to conduct the internal review. Mr Pincombe was selected due to his relevant qualifications, knowledge and experience. Council could have chosen a council officer to conduct the review but deemed it
PO Box 3651 Rundle Mall SA 5000 Level 9 Telephone 08 822 68699 www.ombudsman.sa.gov.au 55 Currie Street Facsimile 08 8226 8602 Adelaide SA 5000 Toll free 1800 182 150 [email protected] Page 2 appropriate that an external person be engaged. I have noted your concerns that Mr Pincombe could have had a conflict of interest given his prior history with the council as an acting Chief Executive Officer in 2012 but am satisfied that Mr Pincombe's past employment with the council should not have precluded him. Also, I cannot form a view from the contents of the review, that he was biased or conflicted in the performance of his role.
The second issue raised by your complaint is whether the external investigator failed to properly review whether the council had complied with the procedural requirements and had made the best decision in the circumstances.
I have considered the contents of the review and the external investigator's assessment that the council had followed due legislative process, while accepting the procedural error identified by the Electoral Commissioner. The external investigator's responsibility is to determine, based on all the information, that council had made an informed decision. The external investigator identified all the factors council considered when it made its decision to extinguish the wards and agreed that the council had made a reasonable and informed decision. This is explained in detail at the conclusion of the review.
The third issue raised by your complaint is whether the council failed to give reasons for the decision of the reviewer. I note that there is no statutory requirement that the council provide this information and accept that the council viewed that the contents of the report adequately detailed the reasoning of the external investigator.
The fourth issue raised by your complaint is whether the council failed to advise you when and why the council appointed Internal Review Contact Officer (IRCO) was changed.
According to the council, the original IRCO was Mr Lachlan Miller. As Mr Miller had managed the Elector Representation Review Project the council determined that another council officer should be appointed. Ms Jess Charlton was selected to assume this role. According to Ms Charlton, she rang and emailed you on 10 May 2017 to advise you she was now the IRCO and explained the reasons for the change.
The fifth issue raised by your complaint is whether the council failed to finalise the internal review within the policy's prescribed time frame of 21 days. Council recognises that the internal review did take approximately five months. According to council's policy if a decision is complex and an external investigator is engaged it can take longer. The council states that you lodged your internal review application on 21 March 2017. You made a second, related submission on 12 April 2017. On 5 May 2017 the Electoral Commissioner determined that the council's processes did not meet the requirements of the Act. Given this development council enquired whether you wanted the council to continue with the internal review. You stated that you did. The external investigator could not commence the investigation until the beginning of June. The investigation and preparation of the draft report took approximately six weeks. Feedback on the draft report from both you and the elected council took another three weeks to complete. At the conclusion of the process the report to council could only be tabled at the council's meeting of 22 August 2017.
Taking into consideration the full circumstances of the process of the council to conduct the internal review I do not consider the delay to be unreasonable.
The sixth issue raised by your complaint was whether the IRCO discussed with you alternative options to resolve the matter. Ms Charlton states that it was clear from discussions with you that alternative options would not be possible. In her phone conversation with you on 10 May 2017 Ms Charlton says that she asked you if you wanted to proceed with the internal review. Provided below is an excerpt from an email you sent to Ms Charlton confirming your intentions. Page 3
Dear Jess, Thank you for your telephone contact this morning and now this follow-up email. You have made the matter quite clear to me regarding the options available to me. In 2013 I relinquished my request for a review of Council decision relating to the ERR after Council decided not to proceed with the ERR before its completion, by withdrawing my request. On this occasion I want my request for a review to be seen through all the stages that such a process involves. Please pass my decision on to those who need to be aware of it. Kind regards
The seventh issue raised by your complaint was whether the IRCO failed in their role to provide you with regular updates about the processing of the internal review. According to council records regular contact was made with you over the period 21 March 2017 to 17 August 2017. In this period eight emails were sent by the IRCO at regular intervals and additionally there were two phone discussions with you in the same period.
I have taken into consideration the council's policy and am of the view that the communications from the IRCO were reasonable and consistent with the policy.
Outcome of my enquiries
On the information available, it does not appear to me that the council has acted in a way that may possibly be unlawful, unreasonable or wrong within the meaning of the Ombudsman Act. Accordingly, I do not consider that further enquiries into your complaint by my Office are necessary or justifiable.
I understand that this may not be the outcome you wanted, but on the evidence currently available to me, I do not think further enquiries would achieve a different result.
Given the reasons outlined in this letter and the fact that the council is now conducting a fresh review of the ward system, I intend to end my consideration of your complaint. The particular review matters that you have complained about are now no longer in contention. I will now close my file.
The Ombudsman Act imposes certain obligations' on my Office and others, including complainants and officers in a council, to keep information about my enquiries confidential.
However, if I consider that disclosure of that information is in the public interest, then I may authorise or require its disclosure.
In my opinion, there is a public interest in disclosure of my decisions under the Ombudsman Act. Therefore, I authorise disclosure of this letter by you as you see fit.
I have sent a copy of this letter to the council.
Voids sincere
/Wayne Lines SA OMBUDSMAN
19 October 2017
Cc Mr Andrew Aitken, Chief Executive Officer, Adelaide Hills Council
Ombudsman Act 1972 section 26. ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING Tuesday 12 December 2017 CONFIDENTIAL AGENDA BUSINESS ITEM
Item: 19.1
Originating Officer: Ebony Priest, Communications and Events Officer
Responsible Director: David Waters, Director Community and Customer Service
Subject: Australia Day Awards 2018
For: Decision
1. Australia Day Awards 2018 – Exclusion of the Public
Pursuant to section 90(2) of the Local Government Act 1999 the Council orders that all members of the public, except:
CEO, Andrew Aitken Director Engineering & Assets, Peter Bice Director Strategy & Development, Marc Salver Director Corporate Services, Terry Crackett Director Community & Customer Service, David Waters Executive Manager Governance & Performance, Lachlan Miller Minute Secretary, Pam Williams
be excluded from attendance at the meeting for Agenda Item 19.1: (Australia Day Awards 2018) in confidence.
The Council is satisfied that it is necessary that the public, with the exception of Council staff in attendance as specified above, be excluded to enable Council to consider the report at the meeting on the following grounds:
Section 90(3) (a) of the Local Government Act 1999, the information to be received, discussed or considered in relation to this Agenda Item is information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead), the disclosure of which could reasonably be expected to publicise the personal affairs of the Australia Day Award nominees, in that details of their nominations will be discussed.
Accordingly, on this basis the principle that meetings of the Council should be conducted in a place open to the public has been outweighed by the need to keep the information and discussion confidential.
Page 1 Adelaide Hills Council – Ordinary Council Meeting 12 December 2017 CONFIDENTIAL ITEM – 19.
3. Australia Day Awards 2018 – Period of Confidentiality
Subject to the CEO, or his delegate, disclosing information or any document (in whole or in part) for the purpose of implementing Council’s decision(s) in this matter in the performance of the duties and responsibilities of office, including provision of information on an embargoed basis to the media and to award winners themselves, Council, having considered Agenda Item 19.1 in confidence under sections 90(2) and 90(3) (a) of the Local Government Act 1999, resolves that an order be made under the provisions of sections 91(7) and (9) of the Local Government Act 1999 that the report, related attachments and the minutes of Council and the discussion and considerations of the subject matter be retained in confidence until the presentation of the awards on 26 January 2018.
Pursuant to section 91(9)(c) of the Local Government Act 1999, Council delegates the power to revoke the confidentiality order either partially or in full to the Chief Executive Officer.