We Would Like to Acknowledge This Land That We

MINUTES OF COUNCIL MEETING HELD 25 MAY 2010, GAWLER SPORT & COMMUNITY CENTRE, NIXON TERRACE, GAWLER, COMMENCING AT 7.00 PM

1. Statement of Acknowledgement

The Mayor read the statement of acknowledgement: We would like to acknowledge this land that we meet on today is the traditional lands for the Kaurna people and that we respect their spiritual relationship with their country. We also acknowledge the Kaurna people as the custodians of the greater Adelaide region and that their cultural and heritage beliefs are still as important to the living Kaurna people today.

2. Attendance Record

2.1 Present Chairperson Mayor B Sambell Members Acting Deputy Mayor Cr P Dent Cr W Dibben Cr P Johnston Cr P Russell Cr A Shackley Cr T Zorich

Staff in Attendance S Kerrigan Chief Executive Officer V Izzo Director Corporate and Community Services H Barclay Director Asset Services M Wohlstadt Director Development and Strategic Planning L Moate Minute Taker P Horwood Manager Finance J Grantham Manager Business & Community Services J McArthur Manager Depot Operations C Douyere Executive Assistant D Scott Property Services Administrative Assistant

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2.2 Apologies Cr G Morris Cr L Bartlett

2.3 Motions to Grant Leave of Absence Nil

2.4 Leave of Absence Cr D Strauss (6 April – 8 July 2010) Cr B Thom (2 May – 8 June 2010)

3. Confirmation of Minutes Moved by Cr P Russell Seconded by Cr P Johnston Motion No: 2010:05:111

That the Minutes of the Council Meeting of 27 April 2010 (Folio 89 - 112) as presented be taken as read and are hereby confirmed as a true and correct record.

CARRIED

4. Business Arising from Minutes Nil

5. Mayor’s Reports The Mayor provided the meeting with details of his engagements for the past month which included a visit to the Outdoor Learning Centre at Gawler East. The Mayor also advised of the sad passing and his attendance at the funerals of Council staff member Julie Dudley, and Geoff New past Councillor and a founding member of the Gawler Environment & Heritage Association and historian.

6. Deputations 6.1 Mr Bob Perry - Gawler Swap Meet (Refer Item 11.2) Mr Perry addressed the meeting in support of their application to park cars on the Gawler Oval for the Annual Gawler Swap Meet. The Gawler Swap Meet is a major attraction and the Gawler Veteran Vintage and Classic Vehicles Club would prefer this event remain in Gawler as an attraction.

6.2 Mr Peter Angus – President, Gawler Agricultural, Horticulture and Floricultural Society (Refer Item 11.1) Mr Angus provided the meeting with information regarding the Gawler Show and its efforts to organise a bus to assist show patrons to attend the Gawler Show and alleviate parking problems.

6.3 Mr Noel Pettmen (Refer Item 13.7) Mr Pettman made a presentation to Council in support of the offer for compensation to remove trees to enable a development to proceed at 35 Colville Drive, Willaston.

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6.4 Ms Sigrid Murljacic – Chair, Gawler Business Development Board (GBDB) Ms Murljacic addressed the meeting outlining the marketing strategies of the Gawler Business Development Board in its efforts to promote shopping in Gawler. These included a TV advertising campaign during Christmas 2009 and a recent Mothers Day promotion. She also informed the meeting of the GBDB intention to become an incorporated body which was progressing well and thanked the CEO, Director of Corporate & Community Services, Manager Business and Community Services and Council for their support. 7. Public Open Forum 7.1 Mr Tony Harnett, Gawler Business Development Board (GBDB) Board Member, Mr Harnett addressed the meeting in relation to the Gawler Business Development Board’s marketing plan for 2010/11 which will form part of the GBDB Business Plan to be presented to Council for approval in June 2010.

7.2 Milton Vadoulis, Resident Evanston Park – Gawler East & Environs Separate Rate Mr Vadoulis addressed the meeting regarding the impact of the recent rate notice containing the Gawler East and Environs Separate Rate he had received in relation to redevelopment proposed for Evanston Park and believed it was not in the best interests of the community.

7.3 Petition – Weaver Drive, Willaston (Item 10.2) Resident, Mr Rodda provided details of parking problems experienced by the residents in Weaver Drive and requested support for the petition submitted to Council for the upgrading of the road and vehicle access be prevented to the reserve area south of Weaver Drive.

7.4 Petition – Margaret Street Walkway, Evanston (Item 10.1) Resident, Mr Brook provided details to Council in relation to recent incidents, particularly graffiti and vandalism damage to property, and requested support for the petition submitted to Council requesting the closure of the walkway.

7.5 Petition – Karbeethan Sporting Association (Items 10.3 and 13.1) Mr Stuart Nash, Member of the South Gawler Cricket Club advised the meeting that the major sporting clubs of Gawler had met the previous evening and were looking forward to finalising property leases.

8. Notices of Motion Nil

9. Questions on Notice Nil

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10. Petitions Item 10.1 – Petition – Margaret Street Walkway, Evanston (R:03.1608, S90670) Moved by Cr P Russell Seconded by Cr P Dent Motion No: 2010:05:112

That: 1. The Petition regarding Margaret Street, Evanston be received. 2. Staff prepare a report for Infrastructure and Environmental Services Portfolio Committee providing closure treatment options and costings. CARRIED

Item 10.2 – Petition - Weaver Drive, Willaston (S:60370)) Moved by Cr A Shackley Seconded by Cr P Dent Motion No: 2010:05:113

That

1. The Petition - Weaver Drive, Willaston be received.

2. That staff prepare a report for Council on details for treatment options and costings similar to Option 3.

CARRIED

Item 10.3 – Petition – Karbeethan Sporting Association (LF:09.0006) Moved by Cr P Dent Seconded by Cr W Dibben Motion No: 2010:05:114

That the Petition regarding Karbeethan Sporting Association be received.

CARRIED UNANIMOUSLY

11. Corporate & Community Services Portfolio Committee

Item 11.1 - Gawler Show (R03:0140) Moved by Cr A Shackley Seconded by Cr P Johnston Motion No: 2010:05:115

That Council:

1. authorise officers to negotiate and finalise a Memorandum of Understanding between the Town of Gawler and the Gawler Agricultural, Horticultural and Floricultural Society Incorporated in relation to the annual Gawler Show;

2. provide support to the Gawler Show for a three year period, covering years 2009, 2010 and 2011;

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3. support for the Gawler Show include:- a) concessional hire costs equal to $5,000 (2009), $5,250 (2010) and $5,500 (2011), all plus GST, b) a financial contribution equivalent to services up to the value of $25,000, c) traffic management and parking arrangements external to event grounds, d) promotional opportunities.

CARRIED UNANIMOUSLY

Item 11.2 - Gawler Swap Meet (R09:0092) Moved by Cr A Shackley Seconded by Cr P Johnston Motion No: 2010:05:116

That Council: 1. Congratulate the Gawler Veteran Vintage and Classic Vehicles Club on successfully hosting the 2009 Gawler Swap Meet; 2. Provide a 50% concession to the standard facility hire costs applicable to the 2009 Gawler Swap Meet; 3. Decline the use of Gawler Oval for vehicle traffic and carparking for the 2010 Gawler Swap Meet; unless an agreement is reached with Council staff, and 4. Advise the organisers of the 2010 Gawler Swap Meet that the facility hire costs applicable for the event will be in accordance with Council Policy - Hire of Facilities, due for consideration at the July 2010 Council meeting.

CARRIED

Item 11.3 – Adelaide Northern Headspace - Outreach Service From Gawler Sport And Community Centre (File NO R:09.0057) Moved by Cr P Russell Seconded by Cr P Dent Motion No: 2010:05:117

That Council:

1. Receive the Adelaide Northern “headspace” – Outreach Service From Gawler Sport And Community Centre report.

2. That the Mayor and Chief Executive Officer be authorised to sign and seal the Deed of Extension to Adelaide Northern Division of General Practice Limited for the delivery of counselling services for a term that expires on 30 June 2011 for a licence fee of $1.00 per annum payable upon demand.

CARRIED UNANIMOUSLY

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Item 13.7 - Variation To Land Management Agreement 35 Colville Drive Willaston (DA 490/D054/2004) Moved by Cr T Zorich Seconded by Cr W Dibben Motion No: 2010:05:118

That:

Mr. Pettman’s reconsideration submission be acknowledged and Council accepts the offer of nett $20,000 (excluding GST and costs associated to amend the Land Management Agreement) as compensation

CARRIED

12. Governance, Strategy and Economic Sustainability Portfolio Committee

Item 12.1 – Flags and Banners Policy (R:03.0237) Moved by Cr P Russell Seconded by Cr T Zorich Motion No: 2010:05:119

Cr P Russell left the meeting at 8.44 pm

That Council:

1. Delete Policy 7.1 Banners over Roads; and

2. Adopts the proposed policy attached to this report being titled Flags and Banners.

CARRIED

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ATTACHMENT 1

FLAGS AND BANNERS (PROPOSED) 7.1

Policy Number & Name: 7.1 Flags and Banners

Classification Public - Council Policy

Adopted:

Frequency of Review: Annual

Last Review:

Next Review Due:

Responsible Officer(s): Manager Business and Community Services

Council File Reference: R03:0327

Applicable Legislation:

Related Policies:

1.0 INTRODUCTION The Town of Gawler is responsible for the flying of flags and banners in various public locations in the town.

This role responds to governance responsibilities with respect to recognised National Flags and the State Flag of South Australia. It also reflects an ongoing interest in the use of flags and banners to add vibrancy and attractiveness to the public realm while promoting a range of events and activities.

This policy provides the basis for flying flags and banners in several designated locations, as well as underpinning operational guidelines for policy implementation.

For the purpose of this policy and its operating guidelines a flag is defined as a piece of cloth attached by one edge to a staff, rope or pole, and which bears a distinctive design. A banner is defined as a large, stitched cloth or vinyl bearing a design, logo or slogan, strung between two brackets.

2.0 PURPOSE This policy identifies the basis upon which Council enables the flying of flags and banners in public locations in the town. It gives guidance with respect to two categories: 1. those flown as an expression of Council’s governance responsibilities, and 2. those flown in response to requests to hire flagpoles or banner sites managed by Council in the town’s public realm.

The Town of Gawler recognises the significance of certain flags connected to its governance responsibilities and will utilise designated flagpoles within the town to fly such flags. The flags that are to be flown permanently pursuant to this policy are the Australian national Flag and State Flag of South Australia. Others will be flown as decided by Council from time to time. Flags flown in response to Council’s

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FLAGS AND BANNERS (continued) 7.1 governance responsibilities will be flown in accordance with relevant legislation and protocol guidelines in force from time to time.

3.0 OPERATING GUIDELINES These operating guidelines support the implementation of flags and banners: 1. specific requirements applicable to flags and banners flown for either governance or for-hire purposes; and 2. practical matters such as approval processes and fees, design, construction, and definitions.

4.0 GOVERNANCE PURPOSES Flags may be flown for a governance purpose if they are: 1. a recognised National Flag (pursuant to the Commonwealth Flags Act 1953, including subsequent Proclamations); 2. the South Australian State Flag (State Proclamation 1904); 3. approved for this purpose by specific resolution of Council.

Key drivers for flag policy relating to “governance” are: 1. the Commonwealth Flags Act 1953 and relevant Proclamations. This Act formally identified the Australian National Flag, while the Governor-General was authorised to acknowledge other designated flags as “flags of Australia”. This provides a basis for Council’s formal flying of the National Flag, as well as the Aboriginal and Torres Strait Islander Flags (both proclaimed as “flags of Australian” in July 1995); 2. the South Australian State Flag was authorised by a State proclamation in 1904 as the State Flag of South Australia. It has not been proclaimed a ‘flag of Australia” under the Flags Act 1953; and 3. the need to vary standard arrangements from time to time in response to advice from the Protocol Unit of the Premier’s Department (e.g. NADOC week)

Flags to be flown at Designated Locations Two locations are provided for the flying of flags for governance purposes: Town Hall Balcony and Institute Balcony.

Town Hall Balcony The Australian National Flag and the South Australian State Flag will be flown permanently from the flag poles on the Town Hall Balcony.

Institute Balcony Flag poles at this site are only used at this site when directed by the Protocol Unit and facilities satisfy protocol requirements.

5.0 FOR HIRE PURPOSES Flags and banners designated for hire should be utilised so as to: 1. enhance the town’s visual attractiveness, style and sophistication by decorating and enlivening the town’s streets; 2. reinforce the town’s image; 3. convey a sense of activity and creativity and promote events that enhance the town’s vibrancy and encourage visitation; 4. reinforce the visual image associated with a major event, activity, or campaign to market the town; 5. convey information about cultural, community, sporting, recreational or tourist events, festivals or major activities; and 6. promote Gawler as a destination for visitation.

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FLAGS AND BANNERS (continued) 7.1

Administrative Arrangements 1. Flag and banner sites will be available for hire at times when they are not required for use by the Town of Gawler 2. Events delivered or sponsored by Council will take precedence. Priority then will be given to Town of Gawler based events in the following order; major events; civic and ceremonial events; larger community events. Events based outside the Town of Gawler will not be accepted. 3. Flags and banners for annual events are not required to specify a year. 4. Preference will be given to promotions and events that occur in or create a significant benefit to the Town of Gawler. 5. Bookings will be taken up to two years in advance and where possible will be restricted to complete streets. 6. Banners and flags may be displayed for a period not exceeding 26 days, excluding Council and Christmas banners. 7. Flags and banners may be installed up to 21 days prior to the event and are to be removed no later than 5 days following the conclusion of the event being promoted. 8. Banners and flags must enhance the Town’s appearance, be of good quality, well designed and in good condition 9. Precinct and other place specific groups will be given priority over other external applications in relation to flag and banner sites in designated streets. 10. The Council reserves the right to accept or reject applications.

6.0 MANAGEMENT

6.1 Designated Hire Locations Council reserves the right to reduce or increase the number of sites as deemed necessary. Applicants should refer to the Banner Application Form for current locations.

6.2 Design Requirements Flags and banners increase the rhythm and dynamism of the streetscape by providing colour and movement. Typically, flags and banners should consist of bold, colourful, high quality graphics which convey a clear message. Flags and banners are a highly visible element in the streetscape, and are therefore an excellent means of conveying information about upcoming cultural, community, recreational and tourist events. The design of the flag or banner is the responsibility of the person wishing to hire the approved site.

6.3 Graphic Content Because flags and banners must be bottom mounted at least 2.7 metres above street level, the graphic composition of colour and text needs to be bold and uncomplicated, and able to be read at a distance of up to 50 metres from a moving vehicle. Excessive use of darker colours, or fine text, should be avoided.

6.4 Text Text should be in a font which is legible from a distance. It should be easily distinguishable from the background colour(s) used in the flag or banner. Light coloured text on a dark background has been proven to have the greatest clarity

6.5 Colours The ‘Pantone Colour Matching System’ guide for printers is widely used, and can be quoted when communicating colour requirements to a

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FLAGS AND BANNERS (continued) 7.1

printer/manufacturer. The system allows for an infinite palette of colours, although lighter, brighter colours add impact to a design. High degrees of contrast between different coloured elements are effective.

6.6 Subject Matter The primary focus of a flag or banner should be a cultural, community, recreational or tourist event. Registered charities may use flags or banners to promote a major fund raising activity.

In particular, banners or flags with events of a political, religious, marginal or controversial nature as their focus should be discussed at an early stage and will only be permitted subject to Council approval.

Material deemed to be inappropriate or offensive to the community at large, or to any particular community sector, will not be permitted. The focus of any flag or banner will always be subject to the consideration and approval of Council. In certain circumstances a proposal may be referred to Council for decision.

6.7 Third Party Advertising A degree of sponsorship is typically negotiated to assist in the staging or running of an event. The corporate or organisation logo of such a sponsor is therefore allowed to occupy some space on a flag or banner.

Such advertising on a banner can occupy a maximum of 10% of its total area regardless of the number of sponsors. The same ratios are applicable to banners over streets.

The advertising content on a flag can occupy a maximum of 50% of the total area. These ratios apply to each individual flag or banner and cannot be achieved by the alternate spacing of product, or sponsor, and then the event on flags or banners.

Where sponsorship includes naming rights for the event organisers can choose to include either the business name within the design or alternatively the sponsor logo in accordance with the guidelines detailed above.

6.8 Construction Flag and Banner construction must meet Council specifications.

6.9 Materials and Fixing There are many suitable materials on the market from which flags and banners can be manufactured.

Each material exhibits different characteristics, according to the visual effect desired. Some lighter fabrics allow text to be read from both sides of a banner in strong sunlight. Where translucency is not desirable a heavier gauge of fabric is recommended, or double layers of fabric.

In addition to the provision of a finished set of banners or flags, each must be equipped with a correctly designed fixing system as per Council specifications.

6.10 Dimensions Banner and flag dimensions for each site are available upon application.

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FLAGS AND BANNERS (continued) 7.1

7.0 APPLICATION PROCESS

7.1 Application Procedure and Documentation All Banner and Flag designs must be submitted to the Council where the design will be briefly assessed.

The Application must include a colour scale drawing of the proposed flag or banner or across-street banner, and a brief sentence describing the purpose of the display.

Applications must also indicate the number of sites required, the preferred location and the duration required, for the display. It is important to note that where clusters of infrastructure are present design elements will require consistency to gain maximum impact.

A completed Certificate of Currency of Public Liability Insurance cover should be provided by the Applicant in accordance with the requirements set out in this policy.

The Council can provide advice should an Applicant require assistance with a design.

7.2 Notification and Approval When the design of a flag or banner is deemed satisfactory for public display by the Council, the Applicant will be notified. Only at this stage should any manufacturing take place. Applicants should allow a minimum five working days for this process.

7.3 Bookings All site bookings should be made through Council. Bookings should be made as far in advance as possible, however the Council cannot guarantee that the required number of sites will be available.

7.4 Public Liability Insurance The Applicant agrees to indemnify the Council in respect of any action, claim, proceeding, demand, cost expense, loss, damage or bodily injury, including death which the Council may sustain or incur arising out of the erection, presence and removal of a flag or banner.

All Applicants are required to take out Public Liability Insurance Policy that covers the flags, banners and banners across streets, minimum ten million dollars ($10,000,000). Council may choose to vary this amount in its absolute discretion. A completed Certificate of Currency must be forwarded to the Council with the Application.

7.5 Hire Fees and Charges Hire fees and charges will be in accordance with the Register of Fees and Charges schedule approved by Council.

7.6 Applicant’s Responsibility The Applicant is responsible for all costs associated with the design, manufacture, installation, maintenance and removal of its flags/ banners. This work is done at the Applicants own risk and must not contravene any applicable law, code of practice or Australian Standard. Installation of banners can only be undertaken by accredited operators / persons.

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FLAGS AND BANNERS (continued) 7.1

7.7 Council’s Responsibility Should any damage occur, either from wind or other natural force, or vandalism, which renders a flag or banner unsafe for display, the Council will immediately advise the applicant. Where public safety is compromised and immediate action is required the Applicant will be liable for costs incurred by Council.

8.0 REVIEW AND EVALUATION The effectiveness of this Policy will be reviewed and evaluated on an annual basis within the Council strategic management planning framework. The Chief Executive Officer will report to Council on the outcome of the evaluation and if relevant make recommendations for amendments, alteration or substitution of a new Policy.

The Policy will not be altered or substituted so as to affect a process already commenced.

9.0 FURTHER INFORMATION Further information about this Policy can be obtained by:- Telephone: 8522 9211 Fax: 8522 9212 Email: [email protected] Appointment: Town Hall, 89 Murray Street, Gawler Letter: PO Box 130, Gawler, SA 5118

10.0 AVAILABILITY OF THE POLICY The Policy is available for inspection during ordinary business hours at the Council principal office, Gawler Town Hall or Library Council Offices, 89-91 Murray Street, Gawler.

A copy of this Policy will be provided to interested parties upon request, for a fee as contained in the Register of Fees and Charges.

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Item 12.2 –Caretaker Policy (R:04.0128) Moved by Cr P Dent Seconded by Cr P Johnston Motion No: 2010:05:120

Cr P Russell returned to the meeting at 8.45 pm

That the Caretaker Policy as attached / amended be adopted by Council.

CARRIED

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ATTACHMENT 1

CARETAKER POLICY (ELECTIONS) 1.4

Policy Number & Name: CARETAKER POLICY (ELECTIONS)

Classification

Adopted:

Frequency of Review: Annually

Last Review: Nil

Next Review Due: May 2011

Responsible Officer(s): Chief Executive Officer

Council File Reference: R:04.0128

Applicable Legislation: Local Government (Elections) Act

Related Policies: Code of Conduct – Elected Members Code of Conduct - Staff

1.0 INTRODUCTION AND POLICY STATEMENT 1.1 The Local Government (Elections) (Miscellaneous) Amendment Act 1999 was assented to on 5 November 2009 and brought into effect on 21 December 2009.

1.2 This Act provides for a number of amendments to the Local Government (Elections) Act 1999, the most important of which for these purposes is the introduction of mandatory caretaker provisions. These provisions require the adoption of a caretaker policy to govern the conduct of the Council (Council Members) and its staff during the election period for a general election.

1.3 It is a long established democratic principle that outgoing elected bodies should not use public resources for election campaigning, nor make decisions which may unreasonably, inappropriately, or unnecessarily bind an incoming Council.

1.4 This policy affirms Council's commitment to fair and democratic elections, and adherence to this principle. This policy includes a commitment to comply with the requirements of Section 91A of the Local Government (Elections) Act 1999.

2.0 PURPOSE 2.1 During a Local Government ‘election period’, Council will assume a ‘Caretaker mode’, and will avoid actions and decisions which could be perceived as intended to affect the results of an election or otherwise

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to have a significant impact on or unnecessarily bind the incoming Council.

2.2 The purpose of this Policy is to clearly set the parameters that Council will operate within during a Caretaker period. Caretaker provisions are required pursuant to section 91A of the Local Government (Elections) Act 1999 and are generally regarded as necessary for the promotion of transparent and accountable government during an ’election period’.

3.0 APPLICATION OF POLICY 3.1 This Policy applies to: a. each periodic election of members of the Council under the Local Government (Elections) Act 1999; and b. each general election of members of the Council held pursuant to a proclamation or notice under the Local Government Act 1999. 3.2 This Policy does not apply to: a. supplementary elections. 3.3 In this Policy: a. All references to 'Council Members' should be read as including the Mayor and the Deputy Mayor; and b. All references to the Chief Executive Officer should be read as including an Acting Chief Executive Officer and his/her delegate.

4.0 OUTLINE 4.1 This Policy applies during an 'election period' of Council to cover: a. designated decisions as defined in the Local Government (Elections) Act 1999 that are made by Council; and b. use of Council resources, including: (i) materials published by Council; (ii) attendance and participation at functions and events; (iii) access to Council information; (iv) media services issues; and (v) responsibilities of Council staff; c. other significant decisions that are made by the Council; 4.2 This Policy applies to both the elected Council (Council Members) and to staff and captures all 'designated decisions' of Council, a committee of Council, or a delegate of the Council. (Refer to clause 6.2) 4.3 This Policy forms part of (and is to be read in conjunction with) the Council's Code of Conduct for Council Members and the Code of Conduct for Employees in accordance with section 91A(7) of the Local Government (Elections) Act 1999. 4.4 This Policy applies to all general elections and does not apply to supplementary elections.

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5.0 ELECTION PERIOD 5.1 During an 'election period', Council must assume a ’Caretaker mode‘, which means that it: a. must avoid designated decisions which are prohibited by section 91A of the Local Government (Elections) Act 1999 (refer clause 6.2); 5.2 An 'election period': a. commences on the day of the close of nominations for the election; and b. terminates at the ‘conclusion of the election‘ (as defined at Section 4(2) of the Local Government Act 1999) for the relevant periodic or general election being the time at which the last result of the election is certified by the returning officer.

6.0 SIGNIFICANT DECISIONS 6.1 Scope This clause applies to decisions of Council, a committee of Council, or a delegate of Council, including the Chief Executive Officer.

6.2 'Designated decisions' prohibited by the Local Government (Elections) Act 1999

a. The following table outlines those decisions which are expressly prohibited by section 91A of the Local Government (Elections) Act 1999.

Designated Decisions (a) A decision relating to the employment or remuneration of the Chief Executive Officer, (other than a decision to appoint an acting Chief Executive Officer) other than a decision of a kind excluded from the definition of "designated decision" by regulation. (b) A decision to terminate the appointment of the Chief Executive Officer (c) A decision to enter into a contract, arrangement or understanding (other than a prescribed contract) the total value of which exceeds whichever is the greater of $100 000 or 1% of the Council's revenue from rates in the preceding financial year, other than a decision of a kind excluded from the definition of "designated decision" by regulation. A "prescribed contract" means a contract entered into by the Council for the purpose of undertaking road construction or road maintenance or drainage works. (d) A decision allowing the use of Council resources for the advantage of a particular candidate or group of candidates (other than a decision that allows the equal use of Council resources by all candidates for election), other than a decision of a kind excluded from the definition of "designated decision" by regulation.

b. Council notes that the Local Government (Elections) Act 1999 stipulates that any designated decision made by the Council during the 'election period' without an exemption from the Minister

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is invalid. Furthermore, it also notes that the Council is liable to pay compensation to any person who suffers loss or damage as a result of acting in good faith in reliance on such an invalid designated decision. c. Council, if faced with extraordinary circumstances, may apply in writing to the Minister for an exemption. Council further notes that if the Minister chooses to grant an exemption it may be subject to any conditions or limitations that the Minister considers appropriate. 6.3 Scheduling consideration of designated decisions The Chief Executive Officer must ensure that 'designated decisions' are not scheduled for consideration during the 'election period'.

6.4 Decisions made prior to an 'election period' This Policy applies to actual decisions made during an 'election period', not the announcement of decisions made prior to the 'election period'.

6.5 Other significant decisions which are prohibited by operation of this Policy

a. Prohibited Decision Notes Notes Any major policy or other decisions which This is an internal will significantly affect the Council area or requirement of community or will inappropriately bind the Council incoming Council

b. So far as is reasonably practicable, the Chief Executive Officer should avoid scheduling significant decisions (including major policy decisions) for consideration during an 'election period' and, instead, ensure that such decisions: (i) are considered by Council prior to the 'election period'; or (ii) are scheduled for determination by the incoming Council.

c. In the context of this policy, a 'major policy' decision includes any decision: (i) to approve community grants; (ii) to progress any matter which has been identified as an election issue; and (iii) any other issue that is considered a major policy decision by the CEO that is not a ‘designated decision’.

6.6 Role of the Chief Executive Officer a. The determination as to whether any policy decision is major or any other decision is significant will be made by the Chief Executive Officer, after consultation with the Mayor. 6.7 Considerations for urgent decisions a. Where the Chief Executive Officer has determined that a decision is a major policy decision or is otherwise significant and therefore is covered by 6.5 above, and circumstances arise that require the decision to be made during the election period, the Council will

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consider the matter and determine whether to make the decision. b. The report to Council will address the following issues, where relevant: (i) Why the matter is considered ‘significant’; (ii) Why the matter is considered urgent; (iii) What are the financial and other consequences of postponing the matter until after the election, both on the current Council and the incoming Council; (iv) Whether deciding the matter will significantly limit the policy choices of the incoming Council; (v) Whether the matter requires the expenditure of unbudgeted funds; (vi) Whether the matter is the completion of an activity already commenced and previously endorsed by Council; (vii) Whether the matter requires community engagement; (viii) Any relevant statutory obligations or timeframes; and (ix) Whether dealing with the matter in the ‘election period’ is in the best interests of the Council area and community.

c. The aim of the report is to assist Council Members assess whether the decision should be deferred as a decision for the incoming Council. 7.0 USE OF COUNCIL RESOURCES 7.1 Council notes that Section 91A(8)(d) of the Local Government (Elections) Act 1999 requires Council to prohibit the use of Council resources for the advantage of a particular candidate or group of candidates. This includes a candidate or candidates who are currently elected Members of the Council.

7.2 Council resources cover a wide range of personnel, goods, services, information and opportunities and may include: a. materials published by Council; b. attendance and participation at functions and events; c. access to Council information; and d. media services issues.

7.3 Council Members and staff will ensure that due propriety is observed in the use of Council resources and must exercise appropriate judgement in this regard. 7.4 Council resources, including officers, support staff, hospitality services, equipment and stationery must be used exclusively for normal Council business during an 'election period' and, must not be used in connection with an election other than uses strictly relating to the election process.

7.5 Council Publications During an ‘Election Period’

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7.5.1 Prohibition on publishing certain materials during an 'election period'

Subject to the operation of Section 12(b) of the Local Government (Elections) Act 1999 Council must not:

(a) print, publish or distribute; or

(b) cause, permit or authorise others to print, publish or distribute on behalf of Council,

any advertisement, handbill, pamphlet or notice that contains ‘electoral material’ during an 'election period'.

For the purposes of this Policy ‘electoral material’ means material which is calculated (i.e. intended or likely) to affect the result of an election. However, it does not include any materials produced by Council relating to the election process by way of information, education or publicity, or materials produced by or on behalf of the returning officer for the purposes of conducting an election.

This Policy does not prevent publications by Council which merely announce the holding of an election or relate only to the election process itself for the purposes of Section 12(b) of the Local Government (Elections) Act 1999 or otherwise. Council may provide information, education and publicity designed to promote public participation in the electoral processes for its area, and to inform potential voters about the candidates who are standing for election in its area. It will not publish material that refers to, or comments on, an issue submitted to or is otherwise before voters in connection with the election.

Council Members are, however, permitted to publish campaign material on their own behalf, but cannot assert for that material to be originating from, or authorised by, Council (eg by the use of Council logos).

NOTE: 'Publication' means any type of publication, including but not limited to leaflets, newspapers, posters, email, website, radio etc.

7.6 Council website 7.6.1 During an 'election period', new material which is prohibited by this Policy will not be placed on the Council website. Any information which refers to the election will only relate to the election process by way of information, education or publicity. Information about Council Members will be restricted to names, contact details, titles, membership of committees and other bodies to which they have been appointed by the Council.

7.6.2 The Council's website will include an express link or reference to the Local Government Association publication of candidate

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profiles and electoral statements for the purposes of section 19A of the Local Government (Elections) Act 1999.

7.7 Other Council publications 7.7.1 Insofar as any Council publications, such as the Annual Report, are required to be published during an 'election period', the content contained within them regarding Council Members will be restricted to that strictly required by the Local Government Act 1999 and Regulations.

7.7.2 Submissions for the Mayor’s Column (published in ‘The Bunyip’) will be authorised by the CEO and not contain material / information that could be regarded as ‘electoral material’.

7.7.3 Council publications produced before an 'election period' containing material which might be construed as electoral material will not be circulated or displayed during the 'election period'. However, they may be made available to members of the public on request.

7.8 Attendance at Events and Functions During an ‘Election Period’ In this clause, reference to events and functions means gatherings involving external stakeholders to discuss, review, acknowledge, communicate, celebrate or promote a program, strategy or issue which is of relevance to Council and its community and may take the form of conferences, workshops, forums, launches, promotional activities, and social occasions such as dinners, receptions and balls.

7.8.1 Events etc staged by external bodies Council Members may continue to attend meetings, events and functions staged by external bodies during an 'election period'. This includes but is not limited to LGA and regional LGA meetings, including the LGA Annual General Meeting held in October.

7.8.2 Council events and functions Council organised events and functions held during the 'election period' will be reduced to only those essential to the operation of the Council.

7.8.3 Addresses by Council Members Council Members must not give speeches or keynote addresses at Council organised or sponsored events and functions during an 'election period'. Council Members may, however, make short welcome speeches at Council organised or sponsored events and functions during an 'election period'.

7.8.4 Publication of promotional material In preparing any material concerning a Council organised or sponsored function or event which will be published or distributed during the 'election period', such preparation will be consistent with Clause 7.1 of this policy.

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7.9 Access to Council Information Council Members continue during an 'election period' to have a statutory right to access Council information relevant to the performance of their functions as a Council Member. This right should be exercised with caution and limited to matters that the Council is dealing with within the objectives and intent of this Policy. Any Council information so accessed that is not publicly available must not be used for election purposes.

All candidates (including those that are Council Members) have equal rights of access to public information relevant to their election campaigns from Council administration. Neither Council Members nor candidates will be provided with information or advice from Council staff that might be perceived to support an election campaign, and there shall be transparency in the provision of all information and advice during an 'election period'.

7.9.1 Information and briefing material Information and briefing material prepared or secured by staff for a Council Member during an 'election period' must be necessary to the carrying out of the Council Member’s role and, where appropriate, provided to any candidate seeking the same information. Queries by staff regarding the provision of information will be directed to the Chief Executive Officer in the first instance.

7.10 Media Service Council’s media services are directly managed by or under the supervision of the Chief Executive Officer, are provided solely to promote Council activities or initiatives and must not be used in any manner that might favour a candidate during an 'election period'.

7.10.1 Media advice Any request for media advice or assistance from Council Members during an 'election period' will be referred to the Chief Executive Officer. No media advice will be provided in relation to election issues or in regard to publicity that involves specific Council Members.

7.10.2 Media releases / spokespersons Media releases will not refer to specific Council Members. Where it is necessary to identify a spokesperson in relation to an issue, the Chief Executive Officer will generally be the appropriate person.

7.10.3 Publicity campaigns During the 'election period', publicity campaigns, other than for the purpose of conducting the election in accordance with the requirements of Section 12(b) of the Local Government (Elections) Act 1999, will be avoided wherever possible. Where a publicity campaign is deemed necessary for a Council activity, it must be approved by the Chief Executive Officer.

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In any event, Council publicity during an 'election period' will be restricted to communicating normal Council activities and initiatives without any variation in form or size.

7.10.4 Council Members Council Members will not use their position as an elected representative or their access to Council staff and other Council resources to gain media attention in support of an election campaign.

7.10.5 Council employees During an 'election period', no Council employee may make any public statement that relates to an election issue unless such statements have been approved by the Chief Executive Officer.

7.11 Council Staff Responsibilities During and Election Period Prior to any election period, the Chief Executive Officer will ensure that all members of Council staff are advised in relation to the application of this Caretaker Policy.

7.11.1 Correspondence All correspondence addressed to Council Members will be answered by the Chief Executive Officer during the election period

7.11.2 Activities that may affect voting a. Council staff must not undertake an activity that may affect voting in the election, except where the activity relates to the election process and is authorised by the Chief Executive Officer; b. Council staff must not authorise, use or allocate a Council resource for any purpose which may influence voting in the election, except where it only relates to the election process and is authorised by the Chief Executive Officer; and c. Council staff must not assist Council Members in ways that are or could create a perception that they are being used for electoral purposes. In any circumstances where the use of Council resources might be construed as being related to a candidate’s election campaign, the incident must be reported to and advice sought from the Chief Executive Officer.

7.12 Equity in Assistance to Candidates Council confirms that all candidates for the Council election will be treated equally.

7.12.1 Candidate assistance and advice Any assistance and advice provided to candidates as part of the conduct of the Council elections will be provided equally to all candidates. The types of assistance that are available will be documented and communicated to candidates in advance.

7.12.2 Election process enquiries All election process enquiries from candidates, whether current

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Council Members or not, are to be directed to the Returning Officer or, where the matter is outside of the responsibilities of the Returning Officer, to the Chief Executive Officer or his/her nominee.

7.12.3 Expenses incurred by Council Members Payment or reimbursement of costs relating to Council Members out-of pocket expenses incurred during an 'election period' will only apply to necessary costs that have been incurred in the performance of normal Council duties. No reimbursements will be provided for campaigning, or for expenses that could be perceived as supporting or being connected with a candidate’s election campaign.

7.12.4 Council branding and stationery No Council logos, letterheads, or other Council branding or Council resources or facilities may be used for, or linked in any way with, a candidate’s election campaign.

7.12.5 Support staff to Council Members Council staff who provide support to Council Members must not be asked to undertake any tasks connected directly or indirectly with an election campaign for a Council Member.

7.12.6 Equipment and facilities Equipment and facilities provided to Council Members for the purpose of conducting normal Council business must not be used for campaigning purposes.

7.13 Public Consultation During an ‘Election Period’ 7.13.1 Prohibition It is prohibited under this Policy for discretionary public consultation to be undertaken during the 'election period' on an issue which is contentious unless Council specifically resolves otherwise.

For the purpose of this provision, discretionary public consultation means consultation which is not legislatively mandated and is a process which involves an invitation or invitations to individuals, groups or organisations or the community generally to comment on an issue, proposed action or proposed policy.

This Policy does not prevent any mandatory public consultation required by the Local Government Act 1999 or any other Act which is required to be undertaken to enable the Council to fulfil its functions in relation to any matter or decisions which are not prohibited by law or by this Policy.

7.13.2 Approval for public consultation Where public consultation is approved to occur during an 'election period', the results of that consultation will not be reported to Council until after the 'election period', except where it is necessary for the performance of functions as set out at

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clause 7.7.1 above.

7.13.3 Community meetings Community meetings will not be held during an ‘election period’.

8.0 HANDLING CODE OF CONDUCT COMPLAINTS DURING AN ELECTION PERIOD 8.1 Any complaint against a Council Member who is also a candidate for re- election made under the Council’s Code of Conduct for Council Members during an ‘election period’ will not be heard or determined by the Council during that period.

8.2 The Chief Executive Officer, upon receiving a complaint against a Council Member, who is also a candidate for re-election about conduct specifically in relation to this Policy (considered part of Council’s Code of Conduct), will refer the complaint to the independent Local Government Governance Panel established by the Local Government Association for assessment and investigation.

8.3 If the complaint is, in the opinion of the Chairperson of the Governance Panel, not so serious as to warrant urgent determination, consideration of the complaint must be deferred until after the ‘election period’.

8.4 If the Council Member against whom the complaint is made is not returned to office after the election, the complaint will lapse.

8.5 An example of a serious complaint which would warrant urgent determination is where a complaint of a deliberate and wilful breach of this Policy is made, and is supported by sufficient evidence for the Chairperson of the Governance Panel to be satisfied that the conduct of the Council Member was not an honest or innocent mistake.

8.6 Where a complaint is made against a Council Member for a breach of this Policy which is deferred until after the ‘election period’, the Chief Executive Officer will remind the Council Member of the content of this Policy and will provide them with a copy of it.

8.7 Council recognises that the Electoral Commissioner has the role of investigating any alleged breach of the Local Government (Election) Act 1999, including alleged illegal practices.

9.0 COUNCIL ENDORSEMENT This Policy was adopted by resolution of the Council on 25 May 2010

10.0 REVIEW AND EVALUATION 10.1 The effectiveness of this Policy will be reviewed and evaluated on an annual basis within the Council strategic management planning

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framework. The Chief Executive Officer will report to Council on the outcome of the evaluation and if relevant make recommendations for amendments, alteration or substitution of a new Policy.

10.2 The Policy will not be altered or substituted so as to affect a process already commenced.

11.0 FURTHER INFORMATION Further information about this Policy can be obtained by:- Telephone: 8522 9211 Fax: 8522 9212 Email: [email protected] Appointment: Town Hall, 89 Murray Street, Gawler Letter: PO Box 130, Gawler, SA 5118

12.0 AVAILABILITY OF THE POLICY 12.1 The Policy is available for inspection during ordinary business hours at the Council principal office, Gawler Town Hall or Library Council Offices, 89-91 Murray Street, Gawler. 12.2 A copy of this Policy will be provided to interested parties upon request, for a fee as contained in the Register of Fees and Charges.

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Item 12.3 – Delegations Amendments (R:03.0687) Moved by Cr W Dibben Seconded by Cr P Dent Motion No: 2010:05:121

1. That Council endorse the amended delegations to the Chief Executive Officer, as detailed in:

1.1 Community Titles Act (page 1). 1.2 Development Regulations 2008 (page 54 & 60). 1.3 Local Government Act (page 12, 13, 14, 16, 19, 20, 41, 42, 44, 45, 52, 59, 60 & 61). 1.4 Public and Environmental Health (Waste Control) Regulations 1995 (page 5).

2. That 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.

CARRIED

Item 12.4 – Draft Strategic Plan 2010 – 2018

FORMAL MOTION Cr P Russell Cr A Shackley Motion No: 2010:05:122

That the Draft Strategic Plan be deferred to the Budget workshop to be held on 1 June 2010.

CARRIED

Item 12.5 – Elected Member Allowances – Submission to Remuneration Tribunal (R:03.0661) Moved by Cr P Russell Seconded by Cr W Dibben Motion No: 2010:05:123

That the Elected Member Allowance – Submission to Remuneration Tribunal report be received.

CARRIED UNANIMOUSLY

At the request of the Mayor Item 13.1 brought forward for discussion.

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Item 13.1 – Community Property Leases – Progress Report No. 5 (LF 09.0006)

C Douyere left the meeting at 9.01 pm and returned at 9.03 pm.

Moved by Cr T Zorich Seconded by Cr W Dibben Motion No: 2010:05:124

That:- 1. The report, Community Property Leases – Progress Report No. 5 be received.

2. Council adopt the “Policy - Sporting and Community Clubs/Organisations Agreement Schedule for Ground Leases (Exclusive Right of Possession)”.

3. Council adopt the “Policy - Sporting and Community Clubs/Organisations Agreement Schedule for Leases (Exclusive Right of Possession)”.

4. The staff be authorised to negotiate new leases with individuals/groups/clubs and organisations in line with adopted policies.

5. The final agreements to be presented to Council for authorisation if required.

6. A Working Group be established comprising Members of the four Major Sporting Organisations (Willaston Football Club, Gawler Centrals Sporting Association, South Gawler Football Club and Karbeethan Sporting Association), Council Officers, the Mayor and two Elected Members, to develop policy for the management of shared recreation/sporting facilities.

7. Staff present further reports to Council on the deliberations of the Working Group.

8. Council note that existing arrangements continue (including fees) until new leases are executed.

9. That Cr T Zorich and Cr P Russell be nominated to the Shared Recreation / Sporting Facilities Working Group.

CARRIED UNANIMOUSLY

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Item 12.6 – Third Budget Review – 2009/10 (R.03.0531) Moved by Cr W Dibben Seconded by Cr P Dent Motion No: 2010:05:125

That:

1. The Third Budget Review 2009/10 be received; 2. The following budget variations be adopted:

$ $ Favourable budget variations: Increase in Operating Revenue (361,354) Decrease in Capital Expenditure (726,000) Increase in Capital Revenue (110,700) Total Favourable Budget variations (1,198,054) Unfavourable budget variations: Increase in Operating Expenditure (excl Equity 438,382 Share movements for Joint Ventures) Increase in transfers to Equity Reserves 712,700 Increase in Loan repayments (Principal 3,739 component) Total Unfavourable Budget variations 1,154,821 Decrease in budgeted Cash deficit (43,233)

3. That Council note the following amendments:

(a) The year to date expenditure of $101,098 be transferred from Recreation Centre Upgrade (Attachment 1 page 18) and shown against Sport and Community Centre – Fire Protection Systems (Attachment 1 – page 20).

(b) The amount of $20,000 shown as additional funding for ovals maintenance (Appendix 1 Note No. 55) be reallocated to fund the design of a Skate Park.

CARRIED

Carried on the casting vote of the Mayor.

Moved by Cr P Russell Seconded by Cr P Johnston

That a five minute recess be granted.

CARRIED

The meeting adjourned at 9.28 pm

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J Grantham left the meeting at 9.30 pm.

The meeting resumed at 9.35 pm

13. Infrastructure & Environmental Services Portfolio Committee

Item 13.2 – Fleet and Plant Management – Grader Replacement (R:03.0601) Moved by Cr P Dent Seconded by Cr W Dibben Motion No: 2010:05:126

That the report on Fleet and Plant Management – Grader Replacement be received.

CARRIED

Item 13.3 – E-Waste Recycling Event / Grant (R:05.0087) Moved by Cr P Russell Seconded by Cr P Dent Motion No: 2010:05:127

That

1. the E-Waste Recycling Event / Grant report be received.

2. Council support the use of remaining funds available, through the Zero Waste SA E-Waste recycling grant, for the collection and recycling of electronic equipment collected by community organisations that cannot be on-sold.

CARRIED UNANIMOUSLY

Item 13.4 – Gawler Railway Station Toilets (R:03.1273) Moved by Cr W Dibben Seconded by Cr P Dent

That:

1 The report on Gawler Railway Station Toilets be received.

2 The staff seek to negotiate a new agreement with TransAdelaide for the cleaning of the toilets at the Gawler Railway Station.

3 A further report is provided to Council on the outcome of negotiations with TransAdelaide.

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Amendment Moved by Cr P Russell Seconded by Cr T Zorich Motion No: 2010:05:128

1. The report on Gawler Railway Station Toilets be received.

2. That Council notify TransAdelaide that it is Council’s intention to no longer bear the costs of cleaning toilets at the Gawler Railway Station.

3. A further report is provided to Council on the outcome of negotiations with TransAdelaide.

CARRIED

The amendment became the motion was voted upon and CARRIED.

Item 13.5 – Gawler River Floodplain Management Authority – Business Plan and Draft Budget 2010-2011 (R:03.1493) Moved by Cr A Shackley Seconded by Cr W Dibben Motion No: 2010:05:129

That the Gawler River Floodplain Management Authority be advised the Council agrees to its Business Plan and draft budget for 2010/11.

CARRIED

Item 13.6 – Gawler River Floodplain Management Authority – Charter Discussion Paper No. 2 (R:09.0153) Moved by Cr A Shackley Seconded by Cr P Dent Motion No: 2010:05:130

That:

1. The Gawler River Floodplain Management Authority - Charter Discussion Paper No 2 be received.

2. Council agree to amend the Charter of the Gawler River Floodplain Management Authority to allow the Authority to be more responsive to floodplain issues.

CARRIED

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Item 13.8 – Northern Adelaide Waste Management Authority Proposed Client Group (R:10.0023)

Cr P Russell declared an interest as a Board Member of NAWMA but not a conflict of interest.

Moved by Cr P Dent Seconded Cr W Russell

That a 30 minute extension be granted.

CARRIED

FORMAL MOTION Moved by Cr P Russell Seconded by Cr A Shackley Motion No: 2010:05:132

That the following matter lay on the table.

That:

1. The Northern Adelaide Waste Management Authority Proposed Client Group report be received.

2. The Town of Gawler support the re-establishment of the Northern Adelaide Waste Management Authority Client Group.

3. Councillor ______and Councillor ______be the Gawler representatives on the proposed Client Group, together with a staff representative (a Chief Executive Officer nominee).

CARRIED

Item 13.9 – Northern Adelaide Waste Management Authority Draft Annual Budget 2010/11 (R:03.0358)

Cr P Russell declared an interest as a Board Member of NAWMA but not a conflict of interest.

Moved by Cr P Dent Seconded by Cr W Dibben Motion No: 2010:05:132

That the Northern Adelaide Waste Management Authority Draft Annual Budget 2010/11 report be received.

CARRIED

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Item 13.10 – Review of Environmental Portfolio (R:03.0372)

FORMAL MOTION Moved by Cr Russell Seconded Cr T Zorich Motion No: 2010:05:133

That report Item 13.10 – Review of Environmental Portfolio be deferred to the Budget Workshop to be held on 1 June 2010.

CARRIED

Item 13.11 – Gawler Institute Lift & Amenities Up-Grade – Progress Report No. 7, May 2010 (PJ:09.0002) Moved by Cr P Dent Seconded by Cr W Dibben Motion No: 2010:05:134

That:

1. The Gawler Institute Lift & Amenities Up-Grade – Progress Report No. 7, May 2010 be received.

2. The savings of $90,000 be reallocated from the Murray Street Stage 2 project (8690/998/319) to fund the additional structural work required for the Institute (8372/998/319), prior to installation of the lift.

CARRIED

15. Committee Minutes

15.1 SECTION 41 COMMITTEES 15.1.1 Gawler Volunteer Advisory Committee – 04.05.10 Moved by Cr A Shackley Seconded by Cr P Dent Motion No: 2010:05:135

That Council endorse the recommendations from the Gawler Volunteer Advisory Committee meeting held on 4 May 2010, being:

Item 7.0 – Members Reports Motion No: GVAC: 2010.05.014 The Gawler Volunteer Advisory Committee recommend to Council that:- 1. future guest speakers are given a strict speaking time of 20 minutes, advised before they attend the Gawler Volunteer Advisory Committee meeting, followed by 5 minutes question time. If the presenters need to complement what they say it will be in written form for the committee members; 2. guest speakers should not be invited to consecutive meetings. CARRIED

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15.1.2 Corporate and Community Services Portfolio Committee – 11.05.10 Moved by Cr A Shackley Seconded by Cr P Dent Motion No: 2010:05:136

That Council endorse the recommendations from the Corporate and Community Services Portfolio Committee meeting held on 11 May 2010, being:

Item 10.1 – Trevor Bellchambers Community Swimming Centre End of 2010 Season (R03.1284) Motion No: CCS:2010:05:008 That the Trevor Bellchambers Community Swimming Centre End of 2010 Season report be received.

Item 10.2 – Gawler Youth Advisory Committee Quarterly Report – May 2010 (R07.0043.) Motion No: CCS:2010:05:009 That the Gawler Youth Advisory Committee Quarterly Report – May 2010 be received.

Item 10.3 – Gawler Heritage Collection Master Plan & Community Archives & Museum – Progress Report (R:03.1659) Motion No: CCS:2010:05:010 That the Gawler Heritage Collection Master Plan & Community Archives & Museum – Progress Report be received.

Item 10.4 – Rating Provisions Amendments – Mandatory Rebates – Transitional Arrangements (R.03.740) Motion No: CCS:2010:05:011 That: 1. The Rating Provisions Amendments – Mandatory Rebates – Transitional Arrangements report be received; 2. Council apply the transitional provisions available regarding the introduction of mandatory rate rebates for organisations registered under the South Australian Cooperative and Community Housing Act 1991 as follows: a. 25% rebate for 2010/2011 financial year; b. 50% rebate for 2011/2012 financial year; c. Full 75% rebate from 2012/2013 financial year.

CARRIED

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15.1.3 Governance, Strategy & Economic Sustainability Committee – 18.05.10 Moved by Cr A Shackley Seconded by Cr P Dent Motion No: 2010:05:137

That Council endorse the recommendations from the Environment and Infrastructure Services Portfolio Committee meeting held on 18 May 2010, being:

Item 10.1 – 2007-2017 Strategic Management Plan Action Review (Oct 2009 – Dec 2009) (Jan – Mar 2010) (R03.1520) Motion No: GSES:2010:05:010 That: 1. The report on the progress of actions to 31 March 2010 in Strategic Plan 2007-2017 be noted. 2. The following actions be acknowledged as completed and removed from future reports: a. C22 Work with the State Government to facilitate the provision of an Early Childhood Development Centre in Gawler. 3. The following performance measures be amended to read as follows: 3.1 C5 Completion of a Recreation Plan 3.2 C11 Completion of consultation/investigations 3.3 C16 Prepare strategy and complete Master plan 3.4 C18 Completion of investigations 3.5 C20 Completion of investigations 3.6 PE2 Comprehensive community consultation and Council acceptance of strategy and implementation plan 3.7 PE8 Detail plans and implementation program to be approved by Council. 3.8 PE9 Implement component of Master plan 3.9 PE10 Master plan prepared and presented to Council 3.10 PE12 Master plan presented to Council 3.11 PE13 Strategy presented to Council 3.12 PE15 Program presented to Council on an annual basis 3.13 PE16 Master plan prepared and presented to Council 3.14 PE17 Options assessed and reported to Council 3.15 PE19 Options to prepare Master plan presented to Council 3.16 PE20 Regular report to Council 3.17 PE21 Rural Green Belt and Rural Zones Development Policies completed 3.18 PE22 Master plan prepared and presented to Council 3.19 PE23 Completion of Residential

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Character Policy 3.20 PE24 Report to Council on options to improve key road gateways 3.21 E01 Economic Development Strategy developed 3.22 E04 Report to Council prepared on recommendations for new and revised events 3.23 E05 Signage, marketing and other requirements promoted 3.24 E07 Report to Council on recommended measures 3.25 E08 At least one package implemented 3.26 E10 Investigation of funding opportunities and progress report to Council 3.27 E11 Inventory provided to Council (all land private/public/ Council) 3.28 E12 Document finalised 3.29 E13 Retail strategy completed 3.30 O1 Inventory completed (Council land only) 3.31 O6 Plans prepared and project completed 3.32 O13 Policy and plans developed, implemented, and regular tests performed 3.33 O25 Customer Service Charter adopted by Council

CARRIED

15.2 SECTION 42 COUNCIL SUBSIDIARY

Gawler Business Development Group Board Meeting - 11.5.10

16. Elected Members Reports (Delegates or Representatives)

16.1 Mayor B Sambell Expressed his thanks to Cr Dent as Acting Deputy Mayor and representing Council at various recent events.

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16.2 Cr P Dent, OAM YAC Attended a “Bran Nu Dae” one of the movies for Volunteer Week. This was a movie which was used for a youth interaction for discussion at the next YAC meeting.

GVAC Guest speaker Rod Dolling from the Office for Volunteers Attorney General Department gave a good insight for volunteering. Andy Fryar discussed a volunteer passport with Local Government trial and database.

Combined Service Club Dinner On Wednesday, 5 May 2010 I represented the Mayor at the Combined Service Clubs Dinner where His Excellency Rear Admiral Kevin Scarce AC CSC RANR Governor was guest speaker and spoke about the position of governor and his role.

Red Shield Appeal On Friday 7 May 2010 I attended the launch of the Salvation Army Red Shield Appeal. If you are available please take some time to door knock this Sunday, 30 May 2010.

Rotary Award of Excellence On 12 May 2010, along with Margaret Brereton and Peter Symmes, I was invited to judge the Awards of Excellence. Last night I attended the Rotary Awards Dinner. Guest speaker Rod Simmons gave an excellent insight into his role of Managing Director of Hills Hoist and companies. I congratulate the winners: Best Business She’s Apples Best Employee Dara Kiryk of Gawler Arms Hotel Best Volunteer Frieda Chinner a wonderful 86 year old

Sad Losses to the Community Along with many, I attended Con Dawkin’s funeral and with Mayor Sambell, Councillors Johnston and Shackley and Mr Wohlstadt, I then attended the funeral of former Councillor Geoff New. I’m sure although he is no longer here physically he will certainly be with us in spirit.

Gawler Community House During Cr Thom’s absence I have been very pleased to have been able to attend. Firstly Norma Hamilton has resigned, minute taker Sonia Demptser and Alan Jamieson have today also tendered their resignations. Alan will be going to the town of Gladstone Diocese. Sonia after nine years is looking to being involved in new projects. I believe all Elected Members need to have an inspection of this very important facility before making major decisions on the venue. The work that is being done is excellent and making major inroads to help the community at large. We need to be supportive of what they are doing.

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Moved by Cr P Russell Seconded by CR A Shackley Motion No: 2010:05:138

That Cr Dent’s report be incorporated into the minutes.

CARRIED

16.3 Cr Shackley Reported that he had also attended the funeral of Geoff New and advised Elected Members that History Week is currently underway.

Moved by W Dibben Seconded by Cr P Dent Motion No: 2010:05:139

That Cr Shackley’s report be incorporated into the minutes.

CARRIED

16.4 Cr Johnston Reported that she had attended the NABEC meeting.

17. Questions Without Notice

17.1 Cr W Dibben – Response from RSL Has the Mayor received a response from the RSL regarding the incident that occurred on Anzac Day?

Response Mayor advised that no response has been received.

17.2 Cr T Zorich – Exchange Hotel Does the Director Development and Strategic Planning have a report and could he supply information?

Director Development and Strategic Planning provided a response.

18. Motions Without Notice.

18.1 Institute Upgrade Moved by Cr W Dibben Seconded by Cr P Russell Motion No: 2010:05:140

That the installer of the Institute Building under floor heating be invited to address Council and to comment on the report from Lucid Consulting Engineers.

CARRIED

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19. Community Communications Nil

D Scott, J McArthur, P Horwood left the meeting at 10.27 pm.

Moved by Cr P Dent Seconded by Cr P Johnston

That a 15 minute extension be granted.

CARRIED

20. Confidential Reports

Item 20.1 – Revoking of Confidentiality Clauses (R:03.0689) Moved by Cr P Dent Seconded by Cr W Dibben Motion No: 2010:05:141

That

1. Under the provisions of Section 90(2) of the Local Government Act, 1999, an order be made that the public be excluded from attendance at the Meeting excepting the Chief Executive Officer, Director Corporate and Community Services, Director Development and Strategic Planning and Director Asset Services, Executive Assistant and Minute Taker in order to consider Item 20.1 in confidence, under the provisions of Section 90(3)(a), (b), (d), (g), (h), (i) and (m) of the Act regarding information relating to:

(a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead); (b) information the disclosure of which— (i) 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 (ii) would, on balance, be contrary to the public interest; (d) commercial information of a confidential nature (not being a trade secret) the disclosure of which— (i) 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 (ii) would, on balance, be contrary to the public interest; (g) matters that must be considered in confidence in order to ensure that the council does not breach any law, order or direction of a court or tribunal constituted by law, any duty of confidence, or other legal obligation or duty; (h) legal advice;

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(i) information relating to actual litigation, or litigation that the council or council committee believes on reasonable grounds will take place, involving the council or an employee of the council; (m) information relating to a proposed amendment to a Development Plan under the Development Act 1993 before a Plan Amendment Report relating to the amendment is released for public consultation under that Act;

2. 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 or discussion confidential.

CARRIED

Confidential session commenced at 10.29 pm

Confidential session concluded at 10.30 pm

Item 20.2 – Gawler Racecourse DPA (R:10.0028) Moved by Cr A Shackley Seconded by Cr P Dent Motion No: 2010:05:143

That

1. Under the provisions of Section 90(2) of the Local Government Act, 1999, an order be made that the public be excluded from attendance at the Meeting excepting the Chief Executive Officer, Director Corporate and Community Services, Director Development and Strategic Planning and Director Asset Services, Executive Assistant and Minute Taker in order to consider Item 20.2 in confidence, under the provisions of Section 90(3)(h)(i) of the Act regarding information relating to:

(h) legal advice

(i) information relating to actual litigation, or litigation that the council or council committee believes on reasonable grounds will take place, involving the council or an employee of the council

CARRIED

Confidential session commenced at 10.31 pm

Confidential session concluded at 10.42 pm

21. Closure Meeting closed at 10.43 pm

22. Next Ordinary Meeting Tuesday, 22 June 2010 commencing at 7.00 pm.

…………………… …………… Chair Date