NOTICE OF COUNCIL MEETING
Pursuant to the provisions of section 84 (1) of the Local Government Act 1999
The Ordinary Meeting of the
Adelaide Plains Council
will be held in
Council Chamber Redbanks Road Mallala
on
Monday 26 August 2019 at 6:00pm
James Miller CHIEF EXECUTIVE OFF INDEX Page Number 1 ATTENDANCE RECORD
2 MINUTES 5 2.1 Confirmation of Minutes – Ordinary Council Meeting – 22 July 2019 6 2.2 Confirmation of Minutes – Special Council Meeting – 5 August 2019 22 2.3 Confirmation of Minutes – Special Council Meeting – 22 August 2019 To be provided as a late item under separate cover
3 BUSINESS ARISING
4 PUBLIC OPEN FORUM
5 DECLARATION OF MEMBERS’ INTEREST (material, actual, perceived)
6 ADJOURNED BUSINESS Nil
COMMUNICATIONS 7 MAYOR’S REPORT 7.1 Mayor’s Report 26
8 REQUESTED DOCUMENTS/CORRESPONDENCE TO BE TABLED
DEPUTATIONS AND PRESENTATIONS 9 DEPUTATIONS
10 PRESENTATIONS/BRIEFINGS Nil
11 PETITIONS Nil Page Number 12 COMMITTEE MEETINGS 12.1 Adelaide Plains Council Historical Committee Meeting – 7 August 2019 28
13 SUBSIDIARY MEETINGS 13.1 Gawler River Floodplain Management Meeting – 15 August 2019 34
14 REPORTS FOR DECISION 14.1 Policy Review – Code of Practice – Meeting Procedures 43 14.2 Policy Review – Code of Practice – Access to Council Meetings and 71 Documents 14.3 Policy Introduction – Public Interest Disclosure Procedure 85 14.4 Policy Revocation – Whistleblowers Policy 110 14.5 Strategic Plan 2020‐2024 – Brief for Consultancy Services 112 14.6 Wasleys Road Bridge – Maintenance 123 14.7 Project Expenditures Carried Forward from 2018/2019 to 2019/2020 138 14.8 Provision of Waste Collection Free of Charge for Community Groups 142
15 REPORTS FOR INFORMATION 15.1 Council Resolutions – Status Report 147 15.2 Community Engagement Forum Held 29 July 2019 160 15.3 SAROC Strategic Plan 2019‐2023 and Annual Business Plan 2019‐2020 167 15.4 Timelines for Building Applications 186
MATTERS RAISED BY MEMBERS 16 QUESTIONS ON NOTICE 16.1 Councillor Keen – Barraba Road 190
17 QUESTIONS WITHOUT NOTICE
18 MOTIONS ON NOTICE
19 MOTIONS WITHOUT NOTICE Page Number 20 URGENT BUSINESS
21 CONFIDENTIAL ITEMS 21.1 Drought Communities Programme Update – August 2019 193
22 CLOSURE 2. Confirmation of Minutes
Monday 26 August 2019
2.1 Confirmation of Council Minutes – Ordinary Council Meeting held 22 July 2019 “that the minutes of the Ordinary Council Meeting held on 22 July 2019 (MB Folios 16925 to 16940 inclusive), be accepted as read and confirmed.”
2.2 Confirmation of Council Minutes – Special Council Meeting held 5 August 2019 “that the minutes of the Special Council Meeting held on 5 August 2019 (MB Folios 16941 to 16944 inclusive), be accepted as read and confirmed.”
2.3 Confirmation of Council Minutes – Special Council Meeting held 22 August 2019 To be provided as a Late Item Under Separate Cover
Ordinary Council Meeting 5 of 204 26 August 2019 16925
MINUTES
of
Ordinary Council Meeting
Pursuant to the provisions of Section 84 (1) of the Local Government Act 1999
HELD IN
Council Chamber Redbanks Road, Mallala
on Monday 22 July 2019 at 6:00pm
Ordinary Council Meeting 22 July 2019
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The Mayor formally declared the meeting open at 6:00pm.
1. ATTENDANCE RECORD 1.1 Present: Mayor Mark Wasley Councillor John Lush Mallala/Dublin Ward Councillor Terry-Anne Keen Mallala/Dublin Ward Councillor Kay Boon Two Wells Ward Councillor Joe Daniele Two Wells Ward Councillor Frank Maiolo Two Wells Ward Councillor Brian Parker Lewiston Ward
Also in Attendance: Chief Executive Officer Mr James Miller General Manager – Governance and Communications Ms Sheree Schenk General Manager – Development and Community Mr Robert Veitch General Manager – Finance and Economic Development Mr Rajith Udugampola General Manager – Infrastructure and Environment Mr Thomas Jones Governance Officer/Minute Taker Ms Alyssa Denicola Property Officer Ms Allison Down Economic Development Officer Mr David Cowell Community Development Officer Ms Lynette Seccafien Executive Assistant Ms Andrea Post
1.2 Apologies: Councillor Marcus Strudwicke Mallala/Dublin Ward Councillor Margherita Panella Lewiston Ward Councillor Carmine Di Troia Lewiston Ward
1.3 Not Present: Nil
Ordinary Council Meeting 22 July 2019
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2. CONFIRMATION OF MINUTES 2.1 Confirmation of Council Minutes – Ordinary Council Meeting held on 24 June 2019 Moved Councillor Daniele Seconded Councillor Boon 2019/ 298 “that the minutes of the Ordinary Council Meeting held on 24 June 2019 (MB Folios 16896 to 16909 inclusive), be accepted as read and confirmed.” CARRIED
2.2 Confirmation of Council Minutes – Special Council Meeting held on 27 June 2019 Moved Councillor Boon Seconded Councillor Keen 2019/ 299 “that the minutes of the Special Council Meeting held on 27 June 2019 (MB Folios 16910 to 16924 inclusive), be accepted as read and confirmed.” CARRIED
3. BUSINESS ARISING Nil
4. PUBLIC OPEN FORUM The Mayor, with approval of two-thirds of members present suspended the meeting procedures pursuant to Regulation 20(1) of the Local Government (Procedures at Meetings) Regulations 2013, for a period of time sufficient to facilitate ‘Public Open Forum’.
The meeting was suspended at 6:02pm.
Margaret Tiller – Mallala Request that Council’s website be updated to change reference to ‘Police Block’ to ‘Australia Remembers Park’.
The meeting resumed at 6:07pm.
5. DECLARATION OF MEMBERS’ INTEREST Nil
6. ADJOURNED BUSINESS Nil
Ordinary Council Meeting 22 July 2019
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7. MAYOR’S REPORT 7.1 Mayor’s Report
Thursday 20 June 2019
Meeting – Mayor, Chairman Infrastructure and Environment Committee, Chief Executive Officer, General Manager – Finance and Economic Development, General Manager – Infrastructure and Environment – Infrastructure and Environment Strategies
Friday 21 June 2019
Audit Committee Meeting
Monday 24 June 2019
Meeting – Mayor, Chief Executive Officer
Pre Council Meeting – Mayor, Chief Executive Officer and General Managers
Informal Gathering – Public Interest Disclosure Act, Policy and Procedure
Ordinary Council Meeting
Tuesday 25 June 2019
Northern Adelaide Plains Website Launch
Two Wells District Tennis Club – ANZ Community Grant Presentation
Thursday 27 June 2019
Meeting – Mayor, Chief Executive Officer
Informal Gathering – Presentation by the Valuer-General
Special Council Meeting (Budget Adoption)
Friday 28 June 2019
Two Wells Craft Shop 40th Birthday Celebrations
Monday 1 July 2019
Meeting – Mayor, Chief Executive Officer
Thursday 4 July 2019
Infrastructure and Environment Committee Meeting
Informal Gathering – Drought Communities Programme
Sunday 7 July 2019
Rifle Club Trophy Presentations – Lower Light
Monday 8 July 2019
Informal Gathering – By Law 6 (Bikes) and Enforcement Policy
Informal Gathering – Dublin Township Growth
Ordinary Council Meeting 22 July 2019
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Thursday 11 July 2019
Meeting – Mayor, Chief Executive Officer, Mr Ian O’Loan
Meeting – Mayor, Chief Executive Officer
Monday 15 July 2019
Governance Advisory Panel Meeting
Thursday 18 July 2019
Meeting – Mayor, Chief Executive Officer, Plains Producer Managing Director and Editor
8. REQUESTED DOCUMENTS/CORRESPONDENCE TO BE TABLED Nil
9. DEPUTATIONS 9.1 Peter March gave a 15 minute deputation on behalf of Moquet Lee in relation to a request to be considered as a suitable project for the Drought Funding Programme.
9.2 Adam Harris gave a 9 minute deputation on behalf of Two Wells Country Fire Service in relation to seeking direction from Council regarding the existing CFS Station location.
9.3 Chloe Sharpe and Grant Fergusson gave a 6 minute deputation on behalf of Two Wells Scouts Group and Scouts SA in relation to the proposed relocation of the Two Wells Scout Group and its preferred location.
10. PRESENTATIONS/BRIEFINGS Nil
11. PETITIONS Nil
The Mayor sought leave of the meeting to bring forward Item 14.5 – Two Wells Scout Group Relocation. Leave was granted.
Ordinary Council Meeting 22 July 2019
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14.5 Two Wells Scout Group Relocation – Public Consultation and Site Selection Moved Councillor Keen Seconded Councillor Parker 2019/ 300 “that Council, having considered Item 14.5 – Two Wells Scout Group Relocation – Site Selection, dated 22 July 2019, receives and notes the report and in doing so:- 1. Determines that a portion of Lot 103 DP comprised in CR Volume 5753 Folio 647 located at the rear of the Two Wells Bowling Club car park area, Two Wells, is the preferred location for the purposes of relocating the Two Wells Scout Group Scout Hall; and 2. Instructs the Chief Executive Officer to bring back a further report outlining the necessary steps, including any relevant statutory obligations, in advancing the relocation.” CARRIED
12. COMMITTEE MEETINGS 12.1 Audit Committee Meeting – 21 June 2019 Moved Councillor Keen Seconded Councillor Lush 2019/ 301 “that Council receives and notes the minutes of the Audit Committee Meeting on 21 June 2019.” CARRIED
12.1 Moved Councillor Boon Seconded Councillor Keen 2019/ 302 “that Council endorses resolution 2019/016 of the Audit Committee, and in doing so:- 1. Rescinds the current Risk Management Policy; and 2. Adopts the Revised Risk Management Policy as presented at Attachment 2 to this Report.” CARRIED
12.1 Moved Councillor Lush Seconded Councillor Boon 2019/ 303 “that Council endorses resolution 2019/020 of the Audit Committee and in doing so, as part of its strategic planning workshop earmarked for October 2019, prioritises a focus on reviewing the following:- 1. Long Term Financial Plan, with an emphasis on long term growth projections; 2. Infrastructure and Asset Management Plan; 3. Service levels; and 4. Rating strategy.” CARRIED
12.1 Moved Councillor Keen Seconded Councillor Lush 2019/ 304 “that Council endorses resolution 2019/023 of the Audit Committee and in doing so acknowledges the progress made to complete the activities identified for the Audit Committee during the 2018/2019 Financial Year.” CARRIED
Ordinary Council Meeting 22 July 2019
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12.2 Adelaide Plains Council Historical Committee Meeting – 3 July 2019 Moved Councillor Boon Seconded Councillor Daniele 2019/ 305 “that Council receives and notes the minutes of the Adelaide Plains Council Historical Committee Meeting held 3 July 2019.” CARRIED
12.3 Infrastructure and Environment Committee Meeting – 4 July 2019 Moved Councillor Lush Seconded Councillor Parker 2019/ 306 “that Council receives and notes the minutes of the Infrastructure and Environment Committee Meeting held 4 July 2019.” CARRIED
12.3 Moved Councillor Parker Seconded Councillor Daniele 2019/ 307 “that Council endorses resolution 2019/027 of the Infrastructure and Environment Committee, and in doing so confirms that Council will continue its current fortnightly waste collection service.” CARRIED
12.3 Moved Councillor Parker Seconded Councillor Lush 2019/ 308 “that Council endorses resolution 2019/028 of the Infrastructure and Environment Committee, and in doing so, instructs the Chief Executive Officer to:- 1. Close the Mallala Resource Recovery Centre from 30 September 2019; 2. Continue to operate the Two Wells Resource Recovery Centre for a period of twelve (12) months, and to bring back a further report to the Infrastructure and Environment Committee in August/September 2020 outlining any savings achieved and to re-assess patronage numbers.” CARRIED
12.3 Moved Councillor Boon Seconded Councillor Parker 2019/ 309 “that Council endorses resolution 2019/029 of the Infrastructure and Environment Committee, and in doing so:- 1. Rescinds the current Vegetation Management Policy; and 2. Adopts the Revised Vegetation Management Policy as presented at Attachment 2 to this Report.” CARRIED
12.4 Governance Advisory Panel Meeting – 15 July 2019 Moved Councillor Boon Seconded Councillor Daniele 2019/ 310 “that Council receives and notes the minutes of the Governance Advisory Panel Meeting held 15 July 2019.” CARRIED
Ordinary Council Meeting 22 July 2019
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12.4 Moved Councillor Daniele Seconded Councillor Boon 2019/ 311 “that Council endorses resolution 2019/038 of the Governance Advisory Panel, and in doing so adopts the revised Internal Review of Council Decisions Policy as presented at Attachment 2 to this Report.” CARRIED
12.4 Moved Councillor Lush Seconded Councillor Maiolo 2019/ 312 “that Council endorses resolution 2019/039 of the Governance Advisory Panel, and in doing so adopts the revised Internal Review of Council Decisions Procedure as presented at Attachment 3 to this Report.” CARRIED
12.4 Moved Councillor Boon Seconded Councillor Keen 2019/ 313 “that Council endorses resolution 2019/040 of the Governance Advisory Panel, and in doing so instructs the Chief Executive Officer to undertake public consultation, in accordance with Council’s Public Consultation Policy, in relation to the proposed Code of Practice – Access to Council Meetings and Documents as presented at Attachment 4 to this Report.” CARRIED
13. SUBSIDIARY MEETINGS 13.1 Legatus Group Special Meeting – 5 July 2019 Moved Councillor Keen Seconded Councillor Boon 2019/ 314 “that Council receives and notes the minutes of the Legatus Group Special Meeting held on 5 July 2019.” CARRIED
14. REPORTS FOR DECISION 14.1 2018/2019 Reflections and 2019/2020 Strategic Forward Planning Moved Councillor Lush Seconded Councillor Keen 2019/ 315 “that Council, having considered Item 14.1 – 2018/2019 Reflections and 2019/2020 Strategic Forward Planning, dated 22 July 2019, receives and notes the report and in doing so acknowledges the:- 1. Significant progress and deliverables achieved on multiple fronts throughout the 2018/2019 financial year; and 2. Chief Executive Officer’s forecast list of strategic priorities for the period August to December 2019 as outlined in this Report.” CARRIED
Ordinary Council Meeting 22 July 2019
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14.2 Gawler River Floodplain Management Authority Charter Review Moved Councillor Keen Seconded Councillor Lush 2019/ 316 “that Council, having considered Item 14.2 – Gawler River Floodplain Management Authority Charter Review, dated 22 July 2019, receives and notes the report, and in doing so instructs the Chief Executive Officer to advise the Executive Officer of the Gawler River Floodplain Management Authority that it endorses the revised Charter as presented at Attachment 2 to this Report, subject to the following:- 1. That a subsequent review of the Charter as it relates to proposed Item 11 – Financial contributions to the Authority be a priority in the 2019/2020 financial year; and 2. That Council objects to:- a. The notion that Deputy Board Members are unable to actively participate in meetings if their equivalent Board Member is present; and b. The current methodology on how depreciation is accounted for, and should be amended to take account of depreciation not being funded in a financial statement sense.” CARRIED
14.3 Regional Development Strategy Discussion Paper Moved Councillor Parker Seconded Councillor Daniele 2019/ 317 “that Council, having considered Item 14.3 – Regional Development Strategy Discussion Paper, dated 22 July 2019, receives and notes the report and in doing endorses the proposed feedback to Primary Industries and Regions SA on the Regional Development Strategy Discussion Paper.” CARRIED
14.4 Stormwater Management Authority Discussion Paper Moved Councillor Lush Seconded Councillor Parker 2019/ 318 Councillor Daniele declared a conflict of interest in Item 14.4 – Stormwater Management Authority Discussion Paper on the basis that the matter affects his property. Councillor Daniele left the meeting at 7:35pm. “that Council, having considered Item 14.4 – Stormwater Management Authority Discussion Paper, dated 22 July 2019, receives and notes the report and in doing so instructs the Chief Executive Officer to prepare a response on behalf of Council to the Stormwater Management Authority on their Discussion Paper: Priorities for Stormwater Management Planning in South Australia.” CARRIED
Councillor Daniele returned to the meeting at 7:36pm.
Ordinary Council Meeting 22 July 2019
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15. REPORTS FOR INFORMATION 15.1 Council Resolutions – Status Report Moved Councillor Lush Seconded Councillor Maiolo 2019/ 319 “that Council, having considered Item 15.1 – Council Resolutions - Status Report, dated 22 July 2019, receives and notes the report.” CARRIED
15.2 Australian Local Government Association – National General Assembly 2019 Moved Councillor Boon Seconded Councillor Keen 2019/ 320 “that Council, having considered Item 15.2 – Australian Local Government Association – National General Assembly 2019, dated 22 July 2019, receives and notes the report.” CARRIED
15.3 Two Wells Community Fund – First Round of Applications – Committee Determination Moved Councillor Keen Seconded Councillor Daniele 2019/ 321 “that Council, having considered Item 15.3 – Two Wells Community Fund – First Round of Applications – Committee Determination, dated 22 July 2019, receives and notes the report.” CARRIED
15.4 Library and Community Services – Quarterly Report – April to June 2019 Moved Councillor Boon Seconded Councillor Maiolo 2019/ 322 “that Council, having considered Item 15.4 – Library and Community Services – Quarterly Report – April to June 2019, dated 22 July 2019, receives and notes the report.” CARRIED
16. QUESTIONS ON NOTICE Nil
17. QUESTIONS WITHOUT NOTICE Not recorded in Minutes in accordance with Regulation 9(5) of the Local Government (Procedures
at Meetings) Regulations 2013.
18. MOTIONS ON NOTICE 18.1 Environment Food Production Areas Moved Councillor Keen Seconded Councillor Lush 2019/ 323 “that the Chief Executive Officer formally write to the Department of Planning, Transport and Infrastructure and the Minister for Planning to give advanced notice of Adelaide Plains Council’s desire to have strategic holdings reviewed throughout the Council area as part of the imminent Environment Food Production Areas review process.” CARRIED
Ordinary Council Meeting 22 July 2019
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19. MOTIONS WITHOUT NOTICE Nil
20. URGENT BUSINESS Nil
21. CONFIDENTIAL ITEMS 21.1 Proposed Lease of Council Land – NBN Radio Network Base Station Update – July 2019 Councillor Boon left the meeting at 7:55pm.
Moved Councillor Keen Seconded Councillor Daniele 2019/ 324
“that:- 1. Pursuant to section 90(2) of the Local Government Act 1999, the Council orders that all members of the public, except Chief Executive Officer, General Manager – Governance and Communications, General Manager – Development and Community, General Manager – Infrastructure and Environment, General Manager – Finance and Economic Development, Governance Officer, Property Officer, Economic Development Officer and Community Development Officer and Executive Assistant, be excluded from attendance at the meeting of the Council for Agenda Item 21.1 – Proposed Lease of Council Land – NBN Radio Network Base Station Update – July 2019;
2. Council is satisfied that pursuant to section 90(3)(b) of the Local Government Act 1999, Item 21.1 – Proposed Lease of Council Land – NBN Radio Network Base Station Update – July 2019 concerns information of a confidential nature, 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 council, being information relating to ongoing negotiations; and
3. Council is satisfied that the principle that Council meetings should be conducted in a place open to the public has been outweighed by the need to keep the information, matter and discussion confidential.” CARRIED
Councillor Boon returned to the meeting at 7:57pm.
The Mayor sought leave and, with the approval of two-thirds of members present, suspended the meeting procedures pursuant to Regulation 20(1) of the Local Government (Procedures at Meetings) Regulations 2013 for a period of time sufficient to facilitate informal discussions in relation to Item 21.1 – Proposed Lease of Council Land – NBN Radio Network Base Station Update – July 2019. The meeting was suspended at 8:02pm. The meeting resumed at 8:21pm.
Ordinary Council Meeting 22 July 2019
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21.1 Moved Councillor Lush Seconded Councillor Keen 2019/ 325
“that Council, having considered Item 21.1 – Proposed Lease of Council Land – NBN Radio Network Base Station Update – July 2019, dated 22 July 2019, receives and notes the report, and in doing so instructs the Chief Executive Officer to facilitate a meeting with Thompson Beach Progress Association at the earliest opportunity with a view of obtaining their formal position.” CARRIED
21.1 Moved Councillor Lush Seconded Councillor Keen 2019/ 326
“that Council, having considered the matter of Agenda Item 21.1 – Proposed Lease of Council Land – NBN Radio Network Base Station Update – July 2019 in confidence under sections 90(2) and 90(3)(b) of the Local Government Act 1999, resolves:- 1. That the agenda item, report and any other associated information submitted to this meeting pertaining to Agenda Item 21.1 – Proposed Lease of Council Land – NBN Radio Network Base Station Update – July 2019, remain confidential and not available for public inspection until further order of the Council;
2. Pursuant to section 91(9)(a) of the Local Government Act 1999, the confidentiality of the matter will be reviewed every 12 months; and
3. Pursuant to section 91(9)(c) of the Local Government Act 1999, Council delegates the power to revoke this confidentiality order to the Chief Executive Officer.”
CARRIED
21.2 Drought Communities Programme Moved Councillor Parker Seconded Councillor Boon 2019/ 327
“that:- 1. Pursuant to section 90(2) of the Local Government Act 1999, Council orders that all members of the public, except Chief Executive Officer, General Manager – Governance and Communications, General Manager – Development and Community, General Manager – Finance and Economic Development, General Manager – Infrastructure and Environment, Governance Officer, Property Officer, Economic Development Officer and Community Development Officer and Executive Assistant be excluded from attendance at the meeting of Council for Agenda Item 21.2 – Drought Communities Programme;
2. Council is satisfied that pursuant to section 90(3)(b) of the Local Government Act 1999, Item 21.2 – Drought Communities Programme concerns commercial information the disclosure of which could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting business, or to prejudice the commercial position of Council, being information relating to ongoing negotiations; and
3. Council is satisfied that the principle that Committee meetings should be conducted in a place open to the public has been outweighed by the need to keep the information, matter and discussion confidential.”
CARRIED
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21.2 Moved Councillor Lush Seconded Councillor Boon 2019/ 328
“that Council, having considered Item 21.2 – Drought Communities Programme, dated 22 July 2019, receives and notes the report, and in doing so acknowledges and expresses its gratitude to the Federal Government’s Department of Industry, Innovation and Science in the allocation of $1m to Adelaide Plains Council.” CARRIED
21.2 Moved Councillor Lush Seconded Councillor Boon 2019/ 329
“that Council, having considered Item 21.2 – Drought Communities Programme dated 22 July 2019, endorses the methodology and output as provided as Attachment 1 to this Report.” The Mayor sought leave and, with the approval of two-thirds of members present, suspended the meeting procedures pursuant to Regulation 20(1) of the Local Government (Procedures at Meetings) Regulations 2013 for a period of time sufficient to facilitate informal discussions in relation to Item 21.2 – Drought Communities Programme. The meeting was suspended at 8:38pm. The meeting resumed at 8:46pm. CARRIED
21.2 Moved Councillor Lush Seconded Councillor Keen 2019/ 330
“that Council, having considered Item 21.2 – Drought Communities Programme, dated 22 July 2019, instructs the Chief Executive Officer to:- 1. Formally submit the list of projects as identified in the Matrix (presented as Attachment 2 to this Report), noting that the total project funding threshold is $1m:- a. Subject to the inclusion of the Moquet Lee Memorial to the Pinery Fire to the value of $32,000; and b. Delegates authority to the Chief Executive Officer, in consideration of (a) above, to make the necessary adjustments; and 2. For any project considered ineligible by the Federal Government, submit remaining projects in order of ranking.”
FORMAL MOTION Moved Councillor Boon Seconded Councillor Keen 2019/ 331
“that 2019/330 be adjourned until after the meeting has been extended.” CARRIED
Ordinary Council Meeting 22 July 2019
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It being 8:58pm, Council resolved to extend the meeting for a further 30 minutes in accordance with Division 2, Clause 7(6) of Council’s Code of Practice – Meeting Procedures.
Moved Councillor Keen Seconded Councillor Parker 2019/ 332
“that the meeting be extended by 30 minutes.” CARRIED
FORMAL MOTION Moved Councillor Boon Seconded Councillor Lush 2019/ 333
“that 2019/330 be resumed.” CARRIED
21.2 Moved Councillor Lush Seconded Councillor Keen 2019/ 330
“that Council, having considered Item 21.2 – Drought Communities Programme, dated 22 July 2019, instructs the Chief Executive Officer to:- 1. Formally submit the list of projects as identified in the Matrix (presented as Attachment 2 to this Report), noting that the total project funding threshold is $1m:- a. Subject to the inclusion of the Moquet Lee Memorial to the Pinery Fire to the value of $32,000; and b. Delegates authority to the Chief Executive Officer, in consideration of (a) above, to make the necessary adjustments; 2. For any project considered ineligible by the Federal Government, submit remaining projects in order of ranking.” CARRIED
21.2 Moved Councillor Keen Seconded Councillor Lush 2019/ 334
“that Council, having considered the matter of Item 21.2 – Drought Communities Programme in confidence under sections 90(2) and 90(3)(b) of the Local Government Act 1999, resolves that:- 1. Attachment 1 and Attachment 2 and any other associated information pertaining to Agenda Item 21.2 – Drought Communities Programme remain confidential and not available for public inspection until further order of Council;
2. Pursuant to section 91(9)(a) of the Local Government Act 1999, the confidentiality of the matter will be reviewed every 12 months; and
3. Pursuant to section 91(9)(c) of the Local Government Act 1999, Council delegates the power to revoke this confidentiality order to the Chief Executive Officer.” CARRIED
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21.3 Rubble Supply Moved Councillor Keen Seconded Councillor Boon 2019/ 335
“that:- 1. Pursuant to section 90(2) of the Local Government Act 1999, Council orders that all members of the public, except Chief Executive Officer, General Manager – Governance and Communications, General Manager – Development and Community, General Manager – Finance and Economic Development, General Manager – Infrastructure and Environment, Governance Officer, Economic Development Officer, Community Development Officer and Executive Assistant be excluded from attendance at the meeting of Council for Agenda Item 21.3 – Rubble Supply;
2. Council is satisfied that pursuant to section 90(3)(b) of the Local Government Act 1999, Item 21.3 – Rubble Supply concerns commercial information the disclosure of which could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting business, or to prejudice the commercial position of Council, being information relating to ongoing negotiations; and
3. Council is satisfied that the principle that Committee meetings should be conducted in a place open to the public has been outweighed by the need to keep the information, matter and discussion confidential.”
CARRIED
21.3 Moved Councillor Daniele Seconded Councillor Maiolo 2019/ 336
“that Council, having considered Item 21.3 – Rubble Supply, dated 22 July 2019, receives and notes the report and in doing so instructs the Chief Executive Officer to formally write to Light Regional Council (LRC) to:- 1. Thank LRC for their offer of securing rubble for the 2019/2020 financial year;
2. Advise that, at this juncture, Council is unable to entertain the request, primarily on grounds of insufficient rubble supply remaining at the Carslake Road Quarry site to service Council’s operation in the short to medium term; and
3. Advise that, notwithstanding point 2 above, Council does see an opportunity to work with neighbouring councils, including LRC, in strategically planning for, and securing, rubble supplies for the medium to long term mutual benefit of both councils.” CARRIED
21.3 Moved Councillor Parker Seconded Councillor Lush 2019/ 337
“that Council, having considered Item 21.3 – Rubble Supply, dated 22 July 2019, instructs the Chief Executive Officer to engage a suitably qualified consultant to investigate limestone mining opportunities within Adelaide Plains Council region, and make an appropriate provision in the first budget update.” CARRIED
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21.3 Moved Councillor Boon Seconded Councillor Parker 2019/ 338
“that Council, having considered the matter of Item 21.3 – Rubble Supply in confidence under sections 90(2) and 90(3)(b) of the Local Government Act 1999, resolves that:- 1. The agenda item, report, Attachment 1, Attachment 2 and any other associated information pertaining to Agenda Item 21.3 – Rubble Supply remain confidential and not available for public inspection until further order of Council;
2. Pursuant to section 91(9)(a) of the Local Government Act 1999, the confidentiality of the matter will be reviewed every 12 months; and
3. Pursuant to section 91(9)(c) of the Local Government Act 1999, Council delegates the power to revoke this confidentiality order to the Chief Executive Officer.” CARRIED
There being no further business, the Mayor declared the meeting closed at 9:17pm.
Confirmed as a true record.
Mayor: ......
Date: ____/____/___
Ordinary Council Meeting 22 July 2019
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MINUTES
of
Special Council Meeting
Pursuant to the provisions of Section 83 (2) of the Local Government Act 1999
HELD IN
Council Chamber Redbanks Road, Mallala
on Monday 5 August 2019 at 6:00pm
Special Council Meeting 5 August 2019
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The Mayor formally declared the meeting open at 6:00pm.
1. ATTENDANCE RECORD 1.1 Present: Mayor Mark Wasley Councillor Marcus Strudwicke Mallala/Dublin Ward Councillor John Lush Mallala/Dublin Ward Councillor Terry-Anne Keen Mallala/Dublin Ward Councillor Kay Boon Two Wells Ward Councillor Joe Daniele Two Wells Ward Councillor Frank Maiolo Two Wells Ward Councillor Margherita Panella Lewiston Ward Councillor Brian Parker Lewiston Ward
Also in Attendance: Chief Executive Officer Mr James Miller Manager, Human Resources Consulting - McArthur Ms Rebecca Hunt
1.2 Apologies: Councillor Carmine Di Troia Lewiston Ward
1.3 Not Present: Nil
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2. ADJOURNED ITEMS Nil
3. DECLARATION OF MEMBERS’ INTEREST Nil
4. ITEMS 4.1 Chief Executive Officer Annual Performance Review Moved Councillor Lush Seconded Councillor Keen 2019/ 339 “that:- 1. Pursuant to section 90(2) of the Local Government Act 1999, the Council orders that all members of the public, except Chief Executive Officer and Rebecca Hunt - McArthur, be excluded from attendance at the meeting of the Council for Agenda Item 4.1 – Chief Executive Officer – Performance Review; 2. Council is satisfied that it is necessary that the public be excluded to enable Council to consider Item 4.1 – Chief Executive Officer – Performance Review at the meeting: a. on the grounds provided by section 90(3) of the Local Government Act 1999, being that Item 4.1 – Chief Executive Officer – Performance Review concerns information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead); and b. on the basis that information within Item 4.1 – Chief Executive Officer – Performance Review contains information about the personal affairs of a person, constituting the performance of the Chief Executive Officer pursuant to the contract of employment. 3. Council is satisfied that the principle that Council meetings should be conducted in a place open to the public has been outweighed by the need to keep the information, matter and discussion confidential.” CARRIED
Chief Executive Officer, Mr James Miller, gave a 55 minute presentation to Council in relation to his performance for the period August 2018-July 2019.
Manager, Human Resources Consulting of McArthur, Ms Rebecca Hunt, gave a 10 minute overview to Council in relation to the Chief Executive Officer Performance Review Process.
Chief Executive Officer, Mr James Miller, left the meeting at 7:05pm and returned to the meeting at 7:20pm.
Special Council Meeting 5 August 2019
Ordinary Council Meeting 24 of 204 26 August 2019 16944
Moved Councillor Strudwicke Seconded Councillor Maiolo 2019/ 340 “that Council, having considered the matter of Agenda Item 4.1 – Chief Executive Officer – Performance Review in confidence under sections 90(2) and 90(3)(a) of the Local Government Act 1999, resolves:- 1. That the Chief Executive Officer’s PowerPoint Presentation and associated performance review documentation submitted to this meeting pertaining to Agenda Item 4.1 – Chief Executive Officer – Performance Review in relation to the matter remain confidential and not available for public inspection until further order of Council; 2. Pursuant to section 91(9)(a) of the Local Government Act 1999, the confidentiality of the matter will be reviewed every 12 months; and 3. Pursuant to section 91(9)(c) of the Local Government Act 1999, Council delegates the power to revoke this confidentiality order to the Chief Executive Officer.” CARRIED
5. CLOSURE There being no further business, the Mayor declared the meeting closed at 7:25pm.
Confirmed as a true record.
Mayor: ......
Date: ____/____/___
Special Council Meeting 5 August 2019
Ordinary Council Meeting 25 of 204 26 August 2019 7. Mayor’s Report
Document No: D19/41385
Report Date: 26 August 2019 Prepared for: Mayor Mark Wasley
Reporting Period – Thursday 18 July 2019 to Wednesday 21 August 2019
Thursday 18 July 2019
Meeting – Mayor, Chief Executive Officer – Various Matters
Introductory Meeting – Mayor, Chief Executive Officer, Plains Producer Editor
Meeting – Mayor, Chief Executive Officer, Executive Assistant to Mayor and Chief Executive Officer – Handover
Monday 22 July 2019
Meeting – Mayor, Chief Executive Officer – Various Matters
Pre Council Meeting – Mayor, Chief Executive Officer and General Managers
Informal Gathering – Barossa Zone Emergency Management Committee Presentation
Ordinary Council Meeting
Thursday 25 July 2019
Meeting – Mayor, Chief Executive Officer, General Manager – Development and Community – Catholic Education SA Confidential Briefing – Hickinbotham Offices
Monday 29 July 2019
Meeting – Mayor, Chief Executive Officer – Various Matters
Pre Meeting – Mayor, Chief Executive Officer, General Managers
Community Engagement Forum – Two Wells
Wednesday 31 July 2019
Two Wells Community Fund – Presentation of Cheques Ceremony Preliminary Viewing – SALA Festival – Two Wells Library
Informal Gathering – Two Wells Growth (Catholic Education SA Confidential Briefing)
Ordinary Council Meeting 26 of 204 26 August 2019
Thursday 1 August 2019
Meeting – Mayor, Councillors, Chief Executive Officer, General Manager – Infrastructure & Environment, General Manager – Finance & Economic Development, APPRA Representatives – Quarry, Carslake Road
Monday 5 August 2019
Meeting – Mayor, Chief Executive Officer – Various Matters
Special Council Meeting
Wednesday 7 August 2019
Meeting – Mayor, Deputy Mayor, Chief Executive Officer – Various Matters
Thursday 8 August 2019
Meeting – Mayor, Councillor, Chief Executive Officer
Tuesday 13 August 2019
Photo shoot – Mayor, Chief Executive Officer, Xavier Principal and Head of School, Plains Producer
Thursday 15 August 2019
Meeting – Mayor, Chief Executive Officer, General Managers – Drought Communities Programme, NBN Co and Thompson Beach Progress Association Update
Monday 19 August 2019
Elected Member Leadership Session – Local Government Association
Wednesday 21 August 2019
Barossa and Surrounds Housing Roundtable – Nuriootpa
Ordinary Council Meeting 27 of 204 26 August 2019 12.1 Adelaide Plains Council Historical Committee Meeting – 7 August 2019
Department: Development and Community
Library and Community Services Report Author: Coordinator
Date: 26 August 2019 Document Ref: D19/41065
OVERVIEW
The purpose of this report is to facilitate the receiving and noting of the minutes from the 7 August 2019 Adelaide Plains Council Historical Committee (APCHC) meeting.
Eight (8) members of the Committee were present, so there was a sufficient number of members in attendance to form a quorum to conduct business.
Some of the matters discussed at this meeting included:
With the Transport Gallery refit, the fire engine will need to be moved to an alternative location, which will not be affected by unfavourable weather conditions.
Members are seeking support from local community groups and businesses, to assist with the costs associated with the purchase of a shed to house the fire engine.
RECOMMENDATION
“that Council receives and notes the minutes of the Adelaide Plains Council Historical Committee Meeting held 7 August 2019.” ______Attachment
1. Minutes of Adelaide Plains Historical Committee held 7 August 2019 References
Legislation
Local Government Act 1999 (SA)
Volunteer Protection Act 2001 (SA) Work Health and Safety Act 2012 (SA)
Council Policies/Plans
Volunteer Management Policy Code of Conduct for Volunteers
Ordinary Council Meeting 28 of 204 26 August 2019 53
MINUTES of
Adelaide Plains Council Historical Committee Meeting
Pursuant to the provisions of section 88 (1) of the Local Government Act 1999
HELD IN
Mallala Museum 1 Dublin Road Mallala
on
Wednesday 7 August, 2019 at 7.00pm
Adelaide Plains Council Historical 7 August 2019 Committee
Ordinary Council Meeting 29 of 204 26 August 2019 54
The Presiding Member formally declared the meeting open at 7.08pm
1. ATTENDANCE
1.1 Present Councillor S M Strudwicke (Presiding Member) Mr P Angus Mr R Bevan Mr J Franks Ms L Parsons (Acting Minute Taker) Mrs M Tiller Mr G Tucker Mrs C Young Also in attendance for the meeting: Nil 1.2 Apologies Mr J East Library & Community Services Coordinator
1.3 Not Present / Leave of Absence Nil
2. CONFIRMATION OF MINUTES 2.1 Committee Resolution 2019/ 035 Moved Mrs Tiller Seconded Mrs Young “that the minutes of Adelaide Plains Council Historical Committee meeting held on 3 July 2019 (MB Folios 48 to 52 inclusive), be accepted as read.” CARRIED
Adelaide Plains Council Historical 7 August 2019 Committee
Ordinary Council Meeting 30 of 204 26 August 2019 55
3. BUSINESS ARISING Nil 4. BRIEFINGS Nil
5. REPORTS 5.1 Monthly Financial Report July 2019
Committee Resolution 2019/ 036 Moved Mr Angus Seconded Mr Bevan “that the Adelaide Plains Council Historical Committee, having considered Item 5.1 – Monthly Financial Report July 2019, dated 7 August 2019, receives and notes the verbal report.” CARRIED
5.2 Monthly Correspondence Report July 2019
Committee Resolution 2019/ 037 Moved Ms Parsons Seconded Mrs Young “that the Adelaide Plains Council Historical Committee, having considered Item 5.2 – Monthly Correspondence Report July 2019, dated 7 August 2019, receives and notes the verbal report.”
CARRIED
6. CONFIDENTIAL ITEMS Nil
Adelaide Plains Council Historical 7 August 2019 Committee
Ordinary Council Meeting 31 of 204 26 August 2019 56
7. GENERAL BUSINESS
7.1 Purchase of shed to rehouse the Mallala Museum fire engine
Committee Resolution 2019/ 038 Moved Mrs Tiller Seconded Mrs Young “that the Adelaide Plains Council Historical Committee proceed with the purchase of a shed to rehouse the Museum’s fire engine subject to Council’s Planning Approval process and Procurement Policy”. CARRIED
7.2 Seeking local community group and business support for donations – shed for fire engine
Committee Resolution 2019/ 039 Moved Mr Tucker Seconded Mrs Young “that the Adelaide Plains Council Historical Committee ask community groups and local businesses for donations to assist towards the cost of the proposed shed to rehouse the Museum’s fire engine.” CARRIED
Adelaide Plains Council Historical 7 August 2019 Committee
Ordinary Council Meeting 32 of 204 26 August 2019 57
8. NEXT MEETING 8.1 Wednesday 4 September 2019 commencing at 7.00pm.
9. CLOSURE There being no further business, the Presiding Member declared the meeting closed at 8.35pm.
Confirmed as a true record.
Presiding Member: ......
Date: ____/____/___
Adelaide Plains Council Historical 7 August 2019 Committee
Ordinary Council Meeting 33 of 204 26 August 2019 13.1 Gawler River Floodplain Management Authority Meeting – 15 August 2019 Governance and Executive Department: Office Report Author: Chief Executive Officer
Date: 26 August 2019 Document Ref: D19/42767
OVERVIEW
The purpose of this report is for Council to receive and note the minutes of the Gawler River Floodplain Management Authority meeting held on 15 August 2019.
RECOMMENDATION
“that Council receives and notes the minutes of the Gawler River Floodplain Management Authority Meeting held on 15 August 2019.”
______
Attachments
1. Copy of minutes and key outcomes summary of the Gawler River Floodplain Management Authority meeting held on 15 August 2019.
Ordinary Council Meeting 34 of 204 26 August 2019 Attachment 1 to Item 13.1
MEETINGMINUTES
Committee Gawler River Floodplain Management Authority Held On Thursday 15 August 2019 at 9.45 am Location Town of Gawler, Gawler
WELCOME
Mr Ian Baldwin formally welcomed Board Members, Deputy Board Members, Observers and the Executive Officer and opened the 113th meeting of the Board.
PRESENT
Mr Ian Baldwin, Independent Board Member, Chair Mr James Miller, Adelaide Plains Council, Board Member Cr Terry-Anne Keen, Adelaide Plains Council, Board Member Cr Pauline Gill, Adelaide Hills Council, Deputy Board Member Mr Marc Salver, Adelaide Hills Council,Board Member Mr Gary Mavrinac, The Barossa Council, Board Member Mr Sam Dilena, Town of Gawler, Board Member Cr Paul Koch, Town of Gawler, Board Member Cr William Close, Light Regional Council, Board Member Mr Greg Pattinson, City of Playford, Deputy Board Member Mr David Hitchcock, Executive Officer
GRB 19/45 Observers Moved: Mr. J Miller Seconded: Cr. T Keen That Cr. John Lush, Adelaide Plains Council, be appointed as Observer.
CARRIED
APOLOGIES
Mr Andrew Philpott, Light Regional Council, Deputy Board Member Cr Malcolm Herrmann, Adelaide Hills Council, Board Member Mayor Bim Lange, Barossa Council, Board member Cr Stephen Coppins, City of Playford, Board Member Mr. Ben DeGilio Town of Gawler, Deputy Board Member
GRB 19/46 Minutes of the 13/06/19 GRFMA meeting Moved: Cr. T Keen Seconded: Cr. M Herrmann That the Minutes of the Gawler River Floodplain Management Authority Board meeting held 13/06/19 be confirmed as a true and accurate record of that meeting.
1 GRFMA Meeting Minutes 15/08/19
Ordinary Council Meeting 35 of 204 26 August 2019 CARRIED
GRB 19/47 Minutes of the 13/06/19 GRFMA Confidential meeting Moved: Mr. J Miller Seconded: Cr. T Keen That the Minutes of the Gawler River Floodplain Management Authority Board confidential meeting held 13/06/19 be confirmed as a true and accurate record of that meeting.
CARRIED
GRB 19/48 Minutes of the 9/8/19 GRFMA Audit Committee Meeting Moved: Mr. S Dilena Seconded Cr. W Close That the Minutes of the 9/8/19 GRFMA Audit Committee Meeting be confirmed as a true and accurate record of that meeting. CARRIED
GRB 19/49 Bruce Eastick North Para Flood Mitigation Dam Risks Moved: Cr. P Koch Seconded: Mr. J Miller That the Executive Officer be requested to investigate the matter of liability and risks in relation to the Authority and Board Members should the Bruce Eastick North Para Flood Mitigation Dam breach or fail. CARRIED GRB 19/50 Audited Financial Statements for the year 2018 – 2019 Moved: Mr. M Salver Seconded Mr. G Pattinson That the audited Financial Statements for the year 2018 – 2019 be adopted for the purposes of Part 4 Financial Statements of the Local Government (Financial Management) Regulations 2011 and the ‘Certification of Financial Statements’ be signed by the Executive Officer and Board Chair.
CARRIED
GRB 19/51 Schedule of Constituent Council’s Interest in Net Assets 30 June 2019 Moved: Cr. P Gill Seconded Cr. W Close That the Schedule of Constituent Council’s Interest in Net Assets as at the 30 June 2019 be adopted in accordance with Clause 15.5 of the Charter. CARRIED For clarification to the document the wording Northern Adelaide Barossa Catchment Water Management Board was amended to - the former Northern Adelaide Barossa Catchment Water Management Board.
2 GRFMA Meeting Minutes 15/08/19
Ordinary Council Meeting 36 of 204 26 August 2019 GRB 19/52 Annual Report 2018-19 Moved Mr. J Miller Seconded: Mr. M Salver That the Annual Report 2018 – 2019 of the Gawler River Floodplain Management Authority, as amended be adopted,
CARRIED Amendments.
• Page 3. Rewording of information on the Northern Floodway Project to indicate the GRFMA position that capital cost to be met by Federal and State Government. • Page 4. Add in Mr. M Hemmerling • Page 8. Further definition required to reflect only the first stage of the Charter Review is expected to be completed by December 2019 with the governance and financial contributions review to then be initiated. • Clarify the position of the Chairman as Independent Member and Chairperson. • Clarify no six monthly fact sheets required as there have not been any Dam construction processes.
GRB 19/53 Review of the Confidential Items Register Moved Mr. M Salver Seconded: Cr. T Keen That the GRFMA: 1. Receives the report; and 2. Pursuant to Section 90(2) and Section 91(7) of the Local Government Act 1999, the GRFMA orders that the following aspects of item 10.1 Lower level outlet pipe and stilling basin repairs Bruce Eastick North Para Flood Mitigation Dam remain confidential in accordance with the GRFMA Boards reasons to deal with this item in confidence pursuant to section 90(3) (d) of the Local Government Act 1999: • Report for Item 10.1. • Attachments for item 10.1. This order shall operate until reviewed and determined as part of the 2020 annual review by the Authority in accordance with Section 91(9)(a) of the Local Government Act 1999. CARRIED
GRB 19/54 Northern Floodway Project Advocacy Moved Mr. J Miller Seconded: Mr. J Pattinson That the GRFMA: 1. Endorse implementation of the Northern Floodway Project Advocacy Framework and Action Plan as amended. 2. Support the preparation of an application to the Stormwater Management Authority being developed in consultation with the Advocacy Working Group and any other relevant support agencies and a draft application be brought back to a future meeting of the Authority for consideration.
3 GRFMA Meeting Minutes 15/08/19
Ordinary Council Meeting 37 of 204 26 August 2019 3. In consideration of item 2, the Executive Officer be instructed to liaise with the RDA Barossa Light Gawler Adelaide Plains seeking its advocacy and support to facilitate the preparation of an application. 4. Allocate $10,000 from existing budgets, to undertake the necessary advocacy by the Chairperson and Executive Officer for the Northern Floodway Project, including travel expenses to Canberra if required.
CARRIED The meeting adjourned at 11 am for a short break. The meeting reconvened at 11. 18 am.
GRB 19/55 GRFMA Charter Review Moved Mr. S Dilena Seconded: Cr. T Keen That the GRFMA: 1. Note and endorse the GRFMA draft Charter Review responses from Adelaide Plains, Adelaide Hills, The Barossa, Town of Gawler and City of Playford councils; 2. Endorse addition of a new clause 4.3.1.3 to reflect the provision that a Deputy Member in attendance at a meeting, where the designated Board Member is also present, may speak without entitlement to vote. 3. Request the Executive Officer; a) Subject to receipt of response from Light Regional Council, to facilitate appropriate amendment and legal review of the final draft GRFMA Charter Review document; b) Then provide a copy of the final GRFMA Charter Review document, as amended, to GRFMA Board Members for information and approval; and subsequently c) Following majority support indication from Board Members, provide a copy of the final new GRFMA Charter Review Document to constituent councils to accept and adopt as per clause 18.2 of the GRFMA Charter.
CARRIED
GRB 19/56 Bruce Eastick North Para Flood Mitigation Dam - Dambreak and Consequence Assessment Report Moved Mr. S Dilena Seconded: Cr. P Koch That the GRFMA Bruce Eastick North Para Flood Mitigation Dam - Dambreak and Consequence Assessment Report be taken from the table. CARRIED
4 GRFMA Meeting Minutes 15/08/19
Ordinary Council Meeting 38 of 204 26 August 2019 GRB 19/57 Bruce Eastick North Para Flood Mitigation Dam - Dambreak and Consequence Assessment Report Moved Mr. S Dilena Seconded: Cr. T Keen That the Executive Officer be requested to provide a report at the October 2019 meeting, outlining actions and next steps that the Board might consider in responding to the GRFMA Bruce Eastick North Para Flood Mitigation Dam - Dambreak and Consequence Assessment Report. CARRIED
GRB 19/58 Gawler East Link Road Moved Mr. G Pattinson Seconded: Cr. W Close That the report be noted, and a verbal update be received from the Town of Gawler representative. CARRIED
GRB 19/59 Membership Floodplain Management Australia Moved Cr. T Keen Seconded: Mr. M Salver That the GRFMA apply for Associate Membership to Floodplain Management Australia and attendance at annual conferences be considered at a future time.
CARRIED Mr. M Salver departed the meeting at 12.03pm
GRB 19/60 Storm Water Management Authority Submission Moved Mr. G Mavrinac Seconded: Cr. P Koch That the GRFMA endorse the submission to the Stormwater Management Authority priorities 2020-2025.
CARRIED
GRB 19/61 Financial report Moved Mr. G Mavrinac Seconded: Mr. G Pattinson That the GRFMA receive the financial report as at 31 July 2019 showing a balance of total funds available $117,676.73.
CARRIED
5 GRFMA Meeting Minutes 15/08/19
Ordinary Council Meeting 39 of 204 26 August 2019 GRB 19/62 Safe Deposit envelope signature Moved Cr. T Keen Seconded: Cr. P Gill That the Executive Officer, Mr. David Hitchcock be authorised as signatory to the safe deposit envelope facility at Bank SA, Norwood Branch.
CARRIED
GRB 19/63 GRFMA records Moved Mr. G Mavrinac Seconded: Cr. P Gill That the Executive Officer be requested to seek quotations for scanning of GRFMA records currently held at the Barossa Council CARRIED Mr. Hitchcock vacated the meeting at 12.12 pm.
GRB 19/64 Executive Officer Performance Review Moved Mr. G Pattinson Seconded: Mr. G Mavrinac That: 1. A Review Panel comprising the Chairman, G. Pattinson and G. Mavrinac be requested to undertake a review of the Executive Officer’s performance from commencement to current date, and 2. The Chairman prepare a confidential report to the October 2019 Board meeting on the outcome of the Executive Officer’s review and options for continuing engagement, including the potential for administrative support for the position.
CARRIED Mr. Hitchcock returned to the meeting at 12.26 pm. Closure of meeting The Chairperson thanked the Town of Gawler for its hospitality as host. The next Ordinary Board Meeting will be held 9.45 am, Thursday 17 October 2019 at the Adelaide Plains Council.
Meeting closed 12.27pm
Confirmed Chairperson ……………………………………….
6 GRFMA Meeting Minutes 15/08/19
Ordinary Council Meeting 40 of 204 26 August 2019 Attachment 2 to Item 13.1
Gawler River Floodplain Management Authority
Adelaide Hills Council, Adelaide Plains Council, The Barossa Council, Town of Gawler, Light Regional Council, City of Playford
KEY OUTCOMES SUMMARY GRFMA Board Meeting 15/8/19
9/8/19 Audit Committee Meeting The 9/8/19 Audit Committee Meeting minutes were received and following discussion the Board resolved that the Executive Officer be requested to investigate the matter of liability and risks in relation to the Authority and Board Members should the Bruce Eastick North Para Flood Mitigation Dam breach or fail.
Financial Statements for the year 2018 – 2019 The Authority adopted the audited Financial Statements for the year 2018 – 2019 for the purposes of Part 4 Financial Statements of the Local Government (Financial Management) Regulations 2011 and resolved the ‘Certification of Financial Statements’ be signed by the Executive Officer and Board Chair.
Schedule of Constituent Council’s Interest in Net Assets The Schedule of Constituent Council’s Interest in Net Assets as at the 30 June 2019 was adopted in accordance with Clause 15.5 of the Charter.
Annual Report 2018 – 2019 The Annual Report 2018 – 2019 of the Gawler River Floodplain Management Authority, was adopted with amendments.
Northern Floodway Project Advocacy The meeting noted the good work of the Northern Floodway Project Advocacy Group and resolved to : • Endorse implementation of the Northern Floodway Project Advocacy Framework and Action Plan as amended. • Support the preparation of an application to the Stormwater Management Authority being developed in consultation with the Advocacy Working Group and any other relevant support agencies and requested a draft application be brought back to a future meeting of the Authority for consideration. • Instruct the Executive Officer to liaise with the RDA Barossa Light Gawler Adelaide Plains seeking its advocacy and support to facilitate the preparation of an application. • Allocate $10,000 from existing budgets, to undertake the necessary advocacy by the Chairperson and Executive Officer for the Northern Floodway Project, including travel expenses to Canberra if required.
GRFMA Charter The Board endorsed the GRFMA draft Charter Review responses as received from constituent councils, noting the response from Light Regional Council is pending. A new additional clause 4.3.1.3 was agreed so as to reflect the provision that a Deputy Member in attendance at a meeting, where the designated Board Member is also present, may speak without entitlement to vote.
1 Contact [email protected] Mob 0407717368
Ordinary Council Meeting 41 of 204 26 August 2019 Gawler River Floodplain Management Authority
Adelaide Hills Council, Adelaide Plains Council, The Barossa Council, Town of Gawler, Light Regional Council, City of Playford
It was agreed subject to receipt of response from Light Regional Council, to facilitate appropriate amendment and legal review of the final draft GRFMA Charter Review document and to then seek acceptance and adoption of the document by all constituent councils as per clause 18.2 of the GRFMA Charter.
Bruce Eastick North Para Flood Mitigation Dam - Dambreak and Consequence Assessment Report. That Executive Officer was requested to provide a report at the October 2019 meeting, outlining actions and next steps that the Board might consider in responding to the GRFMA Bruce Eastick North Para Flood Mitigation Dam - Dambreak and Consequence Assessment Report. Other items
• The GRFMA will apply for Associate Membership to Floodplain Management Australia. • The submission to the Stormwater Management Authority priorities 2020-2025 was endorsed. • A Review Panel was established to undertake a periodic review of the Executive Officer’s performance from commencement to current date.
Financial Report The Board adopted the financial report as at 31 July 2019 showing a balance of total funds available $117,676.73.
Next GRFMA Ordinary Meeting The next Ordinary Board Meeting will be held 9.45 am, Thursday 17 October 2019 at the Adelaide Plains Council.
2 Contact [email protected] Mob 0407717368
Ordinary Council Meeting 42 of 204 26 August 2019 14.1 Policy Review – Code of Practice – Meeting Procedures
Governance and Executive Department: Office
General Manager – Governance Report Author: and Executive Office
Date: 26 August 2019 Document Ref: D19/39445
EXECUTIVE SUMMARY
The purpose of this report is for Council to review its current Meeting Procedures – Code of Practice. In accordance with Regulation 6 of the Local Government (Procedures at Meetings) Regulations 2013 (the Regulations), Council may adopt a code of practice that establishes its own meeting procedures for procedures that are expressed to be capable of being varied at the discretion of the Council. The adoption of any such code of practice must be supported by two-thirds of the members of the Council. Council’s current Meeting Procedures – Code of Practice (the current Code of Practice) includes the meeting procedures prescribed by the Regulations in addition to additional discretionary procedures, for example, the inclusion of ‘Public Open Forum’. The last substantial review of the current Code of Practice occurred in August 2017. Following the 2018 general elections, Council reviewed the current Code of Practice and decided to continue its operation until Members are in a better position to review the procedures. It has been nine (9) months since the elections and a workshop regarding meeting procedures was held with Council Members on 22 August 2019. It is therefore timely that a more substantial review of the current Code of Practice is undertaken. It is recommended that Council carefully considers its current Code of Practice, with a particular focus on its discretionary procedures.
RECOMMENDATION
“that Council, having considered Item 14.1 – Policy Review – Code of Practice – Meeting Procedures, dated 26 August 2019, receives and notes the report and in doing so adopts the revised Code of Practice – Meeting Procedures as presented at Attachment 1 to this report subject to the following amendments:-
1. ______2. ______3. ______.”
Ordinary Council Meeting 43 of 204 26 August 2019 BUDGET IMPACT
Estimated Cost: Nil
Future ongoing operating costs: Nil
Is this Budgeted? Not Applicable
RISK ASSESSMENT
If Council determines to establish its own discretionary procedures, a Code of Practice must be prepared. The adoption (or review) of a Code of Practice must be supported by two-thirds of members eligible to vote. Any Code of Practice must be reviewed within 12 months of a general election, and the operation of the Code of Practice should be reviewed once in every financial year.
______
Attachments 1. Revised Code of Practice – Meeting Procedures
Ordinary Council Meeting 44 of 204 26 August 2019 DETAILED REPORT
Purpose
The purpose of this report is for Council to review its current ‘Meeting Procedures – Code of Practice’ (the current Code of Practice).
Background/History
The current Code of Practice was last substantially reviewed in August 2017, at which time Council resolved as follows:-
14.1 Policy Review – Code of Practice – Meeting Procedures Moved Cr Strudwicke Seconded Cr Daniele 2017/ 242 “that Council, having considered Item 14.1 – Review of Code of Practice – Meeting Procedures, dated 21 August 2017, receives and notes the report and in doing so:-
1. Endorses the updated Code of Practice – Meeting Procedures (as set out in Attachment 1) with the following amendments:- a. 11.1 and 11.2 Deputations as noted; b. the deletion of Public Open Forum point 3; and c. the insertion at clause 15 of a new sub-clause between subclauses (11) and (12) stating that ‘a member may seek leave of the meeting to remain seated while addressing the meeting’; 2. Authorises the Chief Executive Officer to make any necessary final amendments to the document.”
CARRIED
The report presented to Council in relation to the abovementioned review is accessible https://www.apc.sa.gov.au/webdata/resources/minutesAgendas/PUBLIC%20COPY%20Agenda%20- %20Ordinary%20Council%20-%2021%20August%202017.pdf (refer item 14.1 on page 75).
Following the local government elections in November 2018, the then newly elected Council considered the current Code of Practice and resolved as follows:-
15.1 Meeting Procedures – Code of Practice Moved Councillor Keen Seconded Councillor Boon 2018/ 495 “that Council, having been furnished with a copy of the current Code of Practice – Meeting Procedures, resolves to continue operating under the current Code of Practice until such time that Members are in a better position to review the procedures.” CARRIED
Ordinary Council Meeting 45 of 204 26 August 2019 It has been nine (9) months since the elections and therefore Council Members have had an opportunity to better understand and indeed ‘test’ the discretionary meeting procedures contained within the current Code of Practice.
A workshop in relation to the current Code of Practice was also recently held with Council Members on 22 August 2019. At this time, Members were provided with all relevant information, including legislative requirements surrounding meeting procedures. It is therefore timely that Council undertakes a review of the operation of the current Code of Practice. A revised Code of Practice is attached to this report for Council’s consideration (Attachment 1).
Discussion Legislative Requirements Section 86 of the Local Government Act 1999 (the Act), prescribes the procedures at meetings at a high level. Section 86(8) states:
Subject to this Act, the procedures to be observed at a meeting of a council will be:- (a) As prescribed by regulation; and
(b) Insofar as the procedure is not prescribed by regulation, as determined by the Council. The Local Government (Procedures at Meetings) Regulations 2013 (the Regulations) allow for a Council to adopt a Code of Practice or Policy to vary procedures at meetings. The common practice is to adopt a Code of Practice as it can be a useful document that provides greater clarity (to both Elected Members and the public) in relation to the procedures used at Council and Committee meetings. This allows Council to have a degree of flexibility in meeting procedures. Regulation 4 provides Guiding Principles that should be applied with respect to the procedures to be observed at formal meetings as follows: (a) Procedures should be fair and contribute to open, transparent and informed decision-making; (b) Procedures should encourage appropriate community participation in the affairs of the council; (c) Procedures should reflect levels of formality appropriate to the nature and scope of responsibilities exercised at the meeting; (d) Procedures should be sufficiently certain to give the community and decision-makers confidence in the deliberations undertaken at the meeting. The Regulations prescribe that a Code of Practice must be reviewed within 12 months of a general election and the operation of any Code of Practice should be reviewed once in every financial year.
Code of Practice (Council’s current Discretionary Procedures)
Members will note that the current Code of Practice restates the minimum legislative requirements contained within the Regulations (with identical numbering) and also contains the procedures adopted by Council that are variations of the Regulations, or concern matters on which the Regulations are silent.
Ordinary Council Meeting 46 of 204 26 August 2019 The current Code of Practice applies to Council and all Council Committee Meetings, with the exception of Council’s Development Assessment Panel (which has its own procedures under separate legislation). From an administrative perspective, the current Code of Practice has worked reasonably well and there have been no major issues with its operation. A summary of Council’s more significant current discretionary procedures is listed below:-
Additional Clause – Public Open Forum – suspension of formal meeting procedures for a period of up to 30 minutes to allow members of the public to address Council. Clause 11 – Deputations – speakers given a ten (10) minute time limit. Clause 12 – Motions – ability for a seconder to reserve their right to speak. Clause 15 – Addresses by Members – councillors and employees must stand when addressing Council meetings. Clause 28 – Points of Order – all Points of Order, and any subsequent ruling, to be recorded in the minutes.
For the purpose of undertaking this review, the current Code of Practice is attached (and rebadged as ‘revised’) to this report for Council’s consideration (Attachment 1).
Members will note from the revised Code of Practice that Council’s current discretionary procedures (variations and additions) are highlighted in bold and italics to enable them to be identified more easily and read in conjunction with the formal requirements as prescribed by the legislation. In addition, comments have been provided for Council’s reference and consideration.
It is for Council to consider whether it wishes to vary/alter any other provisions of the Regulations capable of being varied, or whether to insert any additional provisions regarding matters on which the Act/Regulations are silent (i.e. above the minim legislative requirements)
Conclusion It is recommended that Council carefully considers its current Code of Practice, with a particular focus on its discretionary procedures.
References
Legislation
Local Government Act 1999
Local Government (Procedures at Meetings) Regulations 2013
Council Policies/Plans
Strategic Plan 2017-2020 4.5 Accountable & Sustainable Governance
Ordinary Council Meeting 47 of 204 26 August 2019 Attachment 1 to Item 14.1
Code of Practice – Meeting Procedures
Version Adoption by Council: TBC Resolution Number: TBC Current Version: V8 Administered by: Last Review Date: 2019 Chief Executive Officer Next Review Date: 2022 Strategic Outcome: DOC REF: D19/38519 4.5 Accountable & Sustainable Governance
Introduction Adelaide Plains Council is committed to the principle of honest, open and accountable government and encourages community participation in the business of Council. Sections 86(8) and 89(1) of the Local Government Act 1999 (the Act) provides that, subject to the Act, the procedures to be observed at a meeting of Council or a Council Committee will be:- As prescribed by regulation; and Insofar as the procedure is not prescribed by regulation – as determined by the Council; and Insofar as the procedure is not prescribed by regulation or determined by the Council – as determined by the Council Committee itself. Part 2 of the Local Government (Procedures at Meetings) Regulations 2013 (the Regulations) specifies certain procedures to be followed during the operation of:- Meetings of Council; Meetings of a Council Committee performing regulatory activities; and Meetings of any other Council Committee to which the Council has resolved Part 2 will apply. The Regulations provide that Council may develop and adopt a Code of Practice for its own meetings of Council and its Committees that varies certain of these provisions. This Code of Practice restates the minimum legislative requirements contained in the Regulations, and contains the procedures adopted by Council that are variations of the Act and Regulations, or concern matters on which the Act and Regulations are silent. These discretionary procedures have been inserted in italics and bold like this, in this Code of Practice to enable them to be read in conjunction with the formal requirements of the Act and Regulations.
Note: Electronic version in Council’s EDRMS is the controlled version. Printed copies are considered uncontrolled. Before using a printed copy, verify that it is the current version. 1
Ordinary Council Meeting 48 of 204 26 August 2019
Further, the terms ‘regulation’ and ‘sub regulation’ appearing in the Regulations have been substituted with ‘clause’ and ‘sub-clause’ respectively for the purposes of this Code of Practice. These words may be used interchangeably for the purpose of referring to and interpreting this Code. The Act and Regulations will prevail in the event of any conflict or inconsistency with this Code. This Code of Practice will be available to the public to assist their understanding of the procedures associated with the operation of both Council and Council Committee meetings of Adelaide Plains Council.
Part 1 – Preliminary
1. Citation This Code may be cited as the Code of Practice - Meeting Procedures (the Code).
2. Purpose The Code sets out the agreed procedures for the conduct of Council and Committee Meetings, including the legislative obligations and the discretionary elements which Council has varied to enable the Council to operate with reference to the specific needs of this community. It is to be read in conjunction with the Act and Regulations.
3. Interpretation (1) In this Code, unless the contrary intention appears: Act means the Local Government Act 1999; Clear days see sub-clause (2) & (3); Deputation means a person or group of persons who wish to appear personally before the Council or Council committee in order to address the council or committee (as the case may be) on a particular matter; Formal motion means a motion: (i) that the meeting proceed to the next business; or (ii) that the question be put; or (iii) that the question lie on the table; or (iv) that the question be adjourned; or (v) that the meeting be adjourned1.;
1. See Clause 12 for specific provisions about formal motions.
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Guiding Principles see Clause 3; Member means a member of the Council or Council committee (as the case may be); Point of order means a point raised to draw attention to an alleged breach of the Act or this Code of Practice in relation to the proceedings of a meeting; Presiding Member means the person who is the Presiding Member of the Council or Council committee (as the case may be) and includes any person who is presiding at a particular meeting; Regulatory function means an activity which involves the making or enforcement of by-laws, orders, standards or other controls under the Act; and Written notice includes a notice given in a manner or form determined by the Council which includes either legibly hand written or typed and either in paper or electronic form. (2) In the calculation of clear days in relation to the giving of notice before a meeting: (a) the day on which the notice is given, and the day on which the meeting occurs, will not be taken into account; and (b) Saturdays, Sundays and public holidays will be taken into account. (3) For the purpose of the calculation of clear days under sub-clause (2), if a notice is given after 5.00pm on a day, the notice will be taken to have been given on the next day. (4) For the purpose of this Code, a vote on whether leave of the meeting is granted may be conducted by a show of hands (but nothing in this sub-clause prevents a division from being called in relation to the vote).
4. Guiding Principles The following principles (the Guiding Principles) should be applied with respect to the procedures to be observed at a meeting of the Council or a Council committee: (a) procedures should be fair and contribute to open, transparent and informed decision-making; (b) procedures should encourage appropriate community participation in the affairs of the Council; (c) procedures should reflect levels of formality appropriate to the nature and scope of responsibilities exercised at the meeting; (d) procedures should be sufficiently certain to give the community and decision- makers confidence in the deliberations undertaken at the meeting.
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Part 2 – Meetings of Councils and Key Committees
Division 1 – Preliminary
5. Application of Part The provisions of this Part apply to, or in relation to: (a) the meetings of the Council; (b) the meetings of a Council committee performing regulatory activities; and (c) the meetings of any other Council committee if the Council has, by resolution, determined that this Part should apply to that committee. Where there is any doubt as to whether a committee performs regulatory activities, the Chief Executive Officer (CEO) will make a final determination on the matter.
6. Discretionary Procedures (1) Subject to the requirements of the Act, if a provision of this Part is expressed to be capable of being varied at the discretion of the Council pursuant to this clause, then a Council may, by a resolution supported by at least two-thirds of the members of the Council entitled to vote on the resolution, determine that a code of practice prepared or adopted by the Council that establishes its own procedures for the relevant matter or matters will apply in substitution for the relevant provision (and such a determination will have effect according to its terms). (2) Council should, at least once in every financial year, review the operation of this Code under this clause. (3) Council may at any time, by resolution supported by at least two-thirds of the members of the Council entitled to vote on the resolution, alter a code of practice, or substitute or revoke a code of practice. (4) Council must, in considering the exercise of a power under this clause, take into account the Guiding Principles. (5) A person is entitled to inspect (without charge) the Code under this clause at the principal office of the Council during ordinary office hours. (6) A person is entitled, on payment of a fee fixed by the Council, to a copy of the Code. (7) Clause 12(4) does not apply to a motion under sub-clause (3). (8) This clause does not limit or derogate from the operation of Clause 20.
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Division 2 – Prescribed Procedures
7. Commencement of Meetings and Quorums (1) A meeting will commence as soon after the time specified in the notice of meeting as a quorum is present. (2) If the number of apologies received by the CEO indicates that a quorum will not be present at a meeting, the CEO may adjourn the meeting to a specified day and time. (3) If at the expiration of 30 minutes from the time specified in the notice of meeting as the time of commencement a quorum is not present, the Presiding Member or, in the absence of a Presiding Member, the CEO, will adjourn the meeting to a specified day and time. (4) If a meeting is adjourned for want of a quorum, the CEO will record in the minutes the reason for the adjournment, the names of any members present, and the date and time to which the meeting is adjourned. (5) If a meeting is adjourned to another day, the CEO must: (a) give notice of the adjourned meeting to each member setting out the date, time and place of the meeting; (b) give notice of the adjourned meeting to the public by causing a notice setting out the date, time and place of the meeting to be placed on display at the principal office of the Council; and (c) where such notice is to be given, notices will be placed on Council’s website, its Principal Office and the Two Wells Service Centre. (6) Council and committee meetings outlined in Part 2 Clause 6, will be adjourned if, where the items listed on the agenda are not considered by Council / Committee within three (3) hours, with the option of an additional 30 minute curfew.
8. Minutes (1) The minutes of the proceedings at a meeting must be submitted for confirmation at the next meeting or, if that is omitted, at a subsequent meeting. (2) No discussion on the minutes may occur before confirmation, except as to the accuracy of the minutes as a record of proceedings. (3) On the confirmation of the minutes, the Presiding Member will: (a) initial each page of the minutes, which pages are to be consecutively numbered; and
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(b) place his or her signature and the date of confirmation at the foot of the last page of the minutes. (4) The minutes of the proceedings of a meeting must include: (a) the names of the members present at the meeting; and (b) in relation to each member present: (i) the time at which the person entered or left the meeting; and (ii) unless the person is present for the whole meeting, the point in the proceedings at which the person entered or left the meeting; and (c) each motion or amendment, and the names of the mover and seconder; and (d) any amendment or withdrawal of a motion or amendment; and (e) whether a motion or amendment is carried or lost; and (f) any disclosure of interest made by a member; and (g) an account of any personal explanation given by a member; and (h) details of the making of an order under subsection (2) of Section 90 of the Act (see subsection (7) of that Section); and (i) a note of the making of an order under subsection (7) of Section 91 of the Act in accordance with the requirements of subsection (9) of that section; and (j) details of any adjournment of business; and (k) a record of any request for documents to be tabled at the meeting; and (l) a record of any documents tabled at the meeting; and (m) a description of any oral briefing given to the meeting on a matter of council business; and (n) any other matter required to be included in the minutes by or under the Act or any Regulation.
9. Questions (1) A member may ask a question on notice by giving the CEO written notice of the question at least five (5) clear days before the date of the meeting at which the question is to be asked. (2) If notice of a question is given under sub-clause (1): (a) the CEO must ensure that the question is placed on the agenda for the meeting at which the question is to be asked; (b) the question and the reply must be entered in the minutes of the relevant meeting.
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(3) A member may ask a question without notice at a meeting. (4) The Presiding Member may allow the reply to a question without notice to be given at the next meeting. (5) A question without notice and the reply will not be entered in the minutes of the relevant meeting unless the members present at the meeting resolve that an entry should be made. (a) a motion under Clause 9(5) must be made prior to the question without notice and reply being made. (6) The Presiding Member may rule that a question with or without notice not be answered if the Presiding Member considers that the question is vague, irrelevant, insulting or improper.
ADDITIONAL COUNCIL-DETERMINED PROCEDURE Public Open Forum (1) To facilitate the holding of the Public Open Forum the Council will apply Clause 20 (Short Term Suspension of Proceedings) of these procedures for a period of up to 30 minutes (or less depending on public requests) at the conclusion of accepting Minutes and considering any Business Arising on each agenda of an Ordinary Council Meeting, to provide an opportunity for members of the public to raise issues for Council’s consideration. (2) A maximum of five (5) minutes per representative will apply. The Presiding Member may allow for an extension of time if appropriate. (3) The Presiding Member will introduce the Public Open Forum by providing community members present an overview of the process to be followed during Public Open Forum. (4) The following guidelines will apply in relation to the Public Open Forum:-
• The community member must provide their name and town/location details at the beginning of their address;
• Time allowed is five (5) minutes as per sub-clause (2);
• All questions need to be addressed to the Presiding Member and no discussion and/or debate will occur between the community member and individual Council Members;
• The representation must focus on the issue/topic of concern and must not be about individual Council Members or staff;
• Council Members are able to ask questions of the public through the Presiding Member; and
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• The Presiding Member has complete discretion over the process and may refuse to allow discussions to continue if he/she considers that the process is not being adhered to. (5) Where the Presiding Member of the meeting considers it appropriate, a response or update on the issue raised may be requested from the CEO or delegate, to be provided as soon as practicable. (6) The person’s name, town/location and topics discussed will be recorded in the Minutes of the meeting.
10. Petitions (1) A petition to the council must: (a) be legibly written or typed or printed; and (b) clearly set out the request or submission of the petitioners; and (c) include the name and address of each person who signed or endorsed the petition; and (d) be addressed to the council and delivered to the principal office of the council. (2) If a petition is received under sub-clause (1), the CEO must ensure the petition or, if the Council has so determined as a policy of the Council, a statement as to the nature of the request or submission and the number of signatures or the number of persons endorsing the petition, is placed on the agenda for the next ordinary meeting of the Council, or is so provided by a policy of the Council, a committee of the Council, and that a copy of the full petition is provided to Commented [AD1]: May be varied – refer sub clause (3) Council Members on request. (3) Sub-clause (2) may be varied at the discretion of the council pursuant to Regulation 6 of the Local Government (Procedures at Meetings) Regulations 2013.
11. Deputations (1) A person or persons wishing to appear as a deputation at a meeting must deliver (to the principal office of the Council) a written request to the council five (5) clear days before the date of the meeting at which the person(s) wishes to appear. 1
1 This will enable staff to liaise with the Presiding Member, prior to distribution of the agenda for the meeting. A notation should appear on the agenda for the meeting in relation to the deputation.
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(a) If the matter relates to an item of business on the Agenda, the written request may be received at the principal office of the Council up until 5.00pm on the day of the meeting. (2) The CEO must transmit a request received under sub-clause (1) to the Presiding Member. (3) The Presiding Member may refuse to allow the deputation to appear at a meeting or may offer those requesting a deputation the opportunity to appear at a relevant Committee (as per sub-clause (7)). (4) The CEO must take reasonable steps to ensure that the person or persons who requested a deputation are informed of the outcome of the request. (5) If the Presiding Member refuses to allow a deputation to appear at a meeting, the Presiding Member must report the decision to the next meeting of the Council or Council committee (as the case may be). (6) The Council or Council committee may resolve to allow a deputation to appear despite a contrary ruling by the Presiding Member. (7) A council may refer the hearing of a deputation to a council committee. (8) A person or persons appearing as a deputation will be allowed to speak on an issue for a maximum of ten (10) minutes. The Presiding Member may allow for additional time or speakers.
ADDITIONAL COUNCIL-DETERMINED PROCEDURE Council Meetings – Call Over of Items of Business (1) Each item on the meeting agenda will be considered separately with Council considering each recommendation made in such reports.
12. Motions (1) A member may bring forward any business in the form of a written notice of motion. (2) The notice of motion must be given to the CEO at least five (5) clear days before the date of the meeting at which the motion is to be moved. (3) A motion to the effect of which, if carried, would be to revoke or amend a resolution passed since the last general election of the Council must be brought by written notice of motion. (4) If a motion under sub-clause (3) is lost, a motion to the same effect cannot be brought: (a) until after the expiration of twelve (12) months; or
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(b) until after the next general election; whichever is the sooner. (5) Subject to the Act and this Code, a member may also bring forward any business by way of a motion without notice. (6) The Presiding Member may refuse to accept a motion without notice if, after taking into account the Guiding Principles, he or she considers that the motion should be dealt with by way of a written notice of motion. (7) The Presiding Member may refuse to accept a motion if the subject matter is, in his or her opinion, beyond the power of the Council or Council committee (as the case may be). (8) A motion will lapse if it is not seconded at the appropriate time. (9) A member moving a motion will speak to the motion at the time of moving the motion. Commented [AD2]: May be varied – refer clause 12(21) (a) A member seconding a motion may elect to either speak to the motion at the time of seconding or may reserve their right to speak to the motion until a later stage of the debate. Where a member seconds a motion and reserves their right to speak to it, they will not be considered to have spoken to the motion. (10) A member may only speak once to a motion except: (a) to provide an explanation in regard to a material part of his or her speech, but not so as to introduce any new matter; or (b) with leave of the meeting; or
(c) as the mover in reply. Commented [AD3]: May be varied – refer clause 12(21) (11) A member who has spoken to a motion may not at a later stage of the debate move or second an amendment to the motion: Commented [AD4]: May be varied – refer clause 12(21) (a) A member who has seconded a motion, and has reserved their right to speak to the motion at a later stage pursuant to sub-clause (9)(a), may not move or second an amendment to the motion, (b) Wherever practicable, members wishing to move a motion without notice in relation to an item that is different from that recommended in the agenda for that item are encouraged to make available a written copy of their motion to assist the Presiding Member in the conduct of the meeting and in the subsequent preparation of the minutes of the meeting. (12) A member who has not spoken in the debate on a question may move a formal motion. (13) A formal motion must be in the form of a motion set out in sub-clause (14) (and no other formal motion to a different effect will be recognised).
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(14) If the formal motion is: (a) that the meeting proceed to the next business, then the effect of the motion, if successful, is, in the case of an amendment, that the amendment lapses and the meeting proceeds with the consideration of the motion before the meeting without further reference to the amendment and, in the case of a motion, that the motion lapses and the meeting proceeds to the next item of business; (b) that the question be put, then the effect of the motion, if successful, is that debate is terminated and the question put to the vote by the Presiding Member without further debate; (c) that the question lie on the table, then the effect of the motion, if successful, is that the meeting immediately moves to the next item of business and the question can then only be retrieved at a later time by resolution (and, if so retrieved, debate is then resumed at the point of interruption); (d) that the question be adjourned, then the effect of the motion, if successful, is that the question is disposed of for the time being but debate can be resumed at the later time (at the point of interruption); or (e) that the meeting be adjourned, then the effect of the motion, if successful, is that the meeting is brought to an end immediately without the consideration of further business. (15) If seconded, a formal motion takes precedence and will be put by the Presiding Member without discussion unless the motion is for an adjournment (in which case discussion may occur (but only occur) on the details for resumption). (16) A formal motion does not constitute an amendment to a substantive motion. (17) If a formal motion is lost: (a) the meeting will be resumed at the point at which it was interrupted; and (b) if the formal motion was put during debate (and not at the end of debate) on a question, then a similar formal motion (i.e. a motion to the same effect) cannot be put until at least one (1) member has spoken on the question. (18) A formal motion for adjournment must include the reason for the adjournment and the details for resumption. (19) Any question that lies on the table as a result of a successful formal motion under sub-clause (14)(c) lapses at the next general election. (20) The CEO must report on each question that lapses under sub-clause (19) to the Council at the first ordinary meeting of the Council after the general election. (21) Sub-clauses (9), (10) and (11) may be varied at the discretion of the Council pursuant to Regulation 6 of the Local Government (Procedures at Meetings) Regulations 2013.
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ADDITIONAL COUNCIL-DETERMINED PROCEDURE Member who places Notice of Motion on Agenda Absent (1) In circumstances where a Notice of Motion has been placed on the Council Agenda and the member who placed the Notice of Motion is not in attendance at the meeting, another Elected Member may move the motion in their stead or move a motion without notice in the same terms of the Notice of Motion.
ADDITIONAL COUNCIL-DETERMINED PROCEDURE Motions without Notice (refer Regulation/Clause (12)(6) and (7)) (1) Motions without Notice have not been advertised to the broader community and therefore it is considered not in the interest of best governance practice, and a denial of natural justice, to have items that do not fit into the following criteria below, considered at this part of the meeting. (2) The agenda item ‘Motions without Notice’ is to be restricted to business that is:-
A request that a report on a particular topic be presented at a future meeting;
A simple matter, requiring little information to be considered, and the impact of which on Council is deemed to be minor;
A matter arising from an item before Council that has been considered in detail at that meeting, and where a Motion without Notice is seen as the best way to resolve the matter; and/or
A matter of such urgency and importance that failure to consider it at the meeting would be likely to result in detriment to the Council. (3) Wherever practicable, members wishing to move a Motion without Notice (in relation to an item on the agenda) that differs from that recommended in the agenda for that item are encouraged to make available a written copy of their motion. This will assist the Presiding Member in the conduct of the meeting and in the subsequent preparation of the minutes of the meeting.
13. Amendments to Motions (1) A member who has not spoken to a motion at an earlier stage of the debate may move or second an amendment to the motion. Commented [AD5]: May be varied – refer clause 13(6) (2) An amendment will lapse if it is not seconded at the appropriate time.
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(3) A person who moves or seconds an amendment (and, if he or she chooses to do so, speaks to the amendment) will, in so doing, be taken to have spoken to the motion to which the amendment relates. Commented [AD6]: May be varied – refer clause 13(6) (a) A member may only speak once to an amendment to the motion except: (i) to provide an explanation in regard to a material part of his or her speech, but not so as to introduce any new matter; or (ii) with leave of the meeting. (b) For the avoidance of doubt: (i) any member (including the mover and seconder of the original motion and any other person who has spoken to the original motion at an earlier stage) is entitled to speak to the amendment and, in doing so, is not taken to have spoken to the original motion; and (ii) clause (13)(3)(a) does not prevent a member from speaking to any further amendment to the original motion. (4) If an amendment is lost, only one (1) further amendment may be moved to the original motion. Commented [AD7]: May be varied – refer clause 13(6) (5) If an amendment is carried, only one (1) further amendment may be moved to the original motion. Commented [AD8]: May be varied – refer clause 13(6) (6) Sub-clauses (1), (3), (4) and (5) may be varied at the discretion of the Council pursuant to Regulation 6 of the Local Government (Procedures at Meetings) Regulations 2013.
14. Variations etc. (1) The mover of a motion or amendment may, with the consent of the seconder, request leave of the meeting to vary, alter or withdraw the motion or amendment. (2) The Presiding Member must immediately put the question for leave to be granted and no debate will be allowed on that question.
ADDITIONAL COUNCIL-DETERMINED PROCEDURE Right of Reply (1) The mover of a motion shall have an opportunity to respond following all debate on a motion (closing the item / right of reply). (2) Following the conclusion of the right of reply, no further debate shall occur and the motion shall be put.
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15. Addresses by Members, etc. (1) A member must not speak for longer than five (5) minutes at any one (1) time without leave of the meeting. Commented [AD9]: May be varied – refer clause 15(6)
(2) A member, may, with the leave of the meeting, raise a matter of urgency. Commented [AD10]: May be varied – refer clause 15(6) (3) A member may, with leave of the meeting, make a personal explanation. (4) The subject matter of a personal explanation may not be debated. (5) The contribution of a member must be relevant to the subject matter of the debate. (6) Sub-clauses (1) and (2) may be varied at the discretion of the Council pursuant to Regulation 6 of the Local Government (Procedures at Meetings) Regulations 2013. (7) A member is at all times during a meeting to address and refer to another member or an employee by their official title or designation, for example, “Councillor (Surname)”. (8) A member speaking at a meeting is not to make a personal reflection upon, or impute an improper motive to, another member or to an employee. (9) All members and employees must stand when addressing the Council meeting. This requirement does not apply to Committee meetings. (10) The Presiding Member while chairing the meeting is not required to stand unless they are contributing to the debate. (11) If the Presiding Member is to enter the debate, they must only do so between the first and last speaker. (12) A member may seek leave of the meeting to remain seated while addressing the meeting. (13) Where practicable, a copy of the personal explanation is provided to the Presiding Member before the meeting.
16. Voting (1) The Presiding Member, or any other member, may ask the CEO to read out a motion before a vote is taken. (2) The Presiding Member will, in taking a vote, ask for the votes of those members in favour of the question and then for the votes of those members against the question (and may do so as often as is necessary to enable him or her to determine the result of the voting), and will then declare the outcome.
(3) A person who is not in his or her seat is not permitted to vote. Commented [AD11]: May be varied – refer clause 16(4)(a)
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(4) Sub-clause (3):- (a) may be varied at the discretion of the council pursuant to Regulation 6 of the Local Government (Procedures at Meetings) Regulations 2013; and (b) does not apply in relation to a member participating in a Council Committee meeting by telephone or electronic means approved in accordance with procedures determined by the Council or Council Committee for the purposes of Section 89 of the Act.
17. Divisions (1) A division will be taken at the request of a member. (2) If a division is called for, it must be taken immediately and the previous decision of the Presiding Member as to whether the motion was carried or lost is set aside. (3) The division will be taken as follows: (a) the members voting in the affirmative will, until the vote is recorded, stand in their places; (b) the members voting in the negative will, until the vote is recorded, sit in their seats; (c) the Presiding Member will count the number of votes and then declare the outcome. Commented [AD12]: May be varied – refer clause 17(5) (4) The CEO will record in the minutes the names of members who voted in the affirmative and the names of the members who voted in the negative (in addition to the result of the vote). (5) Sub-clause (3) may be varied at the discretion of the council pursuant to Regulation 6 of the Local Government (Procedures at Meetings) Regulations 2013.
18. Tabling of Information (1) A member may require the CEO to table any documents of the Council relating to a motion that is before a meeting (and the CEO must then table the documents within a reasonable time, or at a time determined by the Presiding Member after taking into account the wishes of the meeting, and if the member who has required the tabling indicates that he or she is unwilling to vote on the motion until the documents are tabled, then the matter must not be put to the vote until the documents are tabled).
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(2) The CEO may, in tabling a document, indicate that in his or her opinion consideration should be given to dealing with the document on a confidential basis under Section 90 or 91 of the Act.
ADDITIONAL COUNCIL-DETERMINED PROCEDURE Urgent Business Items (1) A member may raise an item for discussion, not already on the agenda, if the item cannot wait until the next meeting of Council. (2) Members are encouraged to notify the Presiding Member prior to the meeting if they intend to raise a matter as an Urgent Business item. (3) Where possible, and to facilitate good and informed decision-making, Members are encouraged to raise such Urgent Business Items by way of a motion seeking a report to be submitted.
19. Adjourned Business (1) If a formal motion for a substantive motion to be adjourned is carried: (a) the adjournment may either be to a later hour of the same day, to another day, or to another place; and (b) the debate will, on resumption, continue from the point at which it was adjourned. Commented [AD13]: May be varied – refer clause 19(4) (2) If debate is interrupted for want of a quorum and the meeting is then adjourned, the debate will, on resumption, continue from the point at which it was interrupted. Commented [AD14]: May be varied – refer clause 19(4) (3) Business adjourned from a previous meeting must be dealt with before any new business at a subsequent meeting. Commented [AD15]: May be varied – refer clause 19(4) (4) The provisions of this clause may be varied at the discretion of the Council pursuant to Regulation 6 of the Local Government (Procedures at Meetings) Regulations 2013.
20. Short-Term Suspension of Proceedings (1) If the Presiding Member considers that the conduct of a meeting would benefit from suspending the operation of all or some of the provisions of this Division for a period of time in order to allow or facilitate informal discussions, the Presiding Member may, with the approval of at least two-thirds of the members present at the meeting, suspend the operation of this Division (or any part of this Division) for a period determined by the Presiding Member.
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(2) The Guiding Principles must be taken into account when considering whether to act under sub-clause (1). (3) If a suspension occurs under sub-clause (1):- (a) a note of the suspension, including the reasons for and period of suspension, must be entered in the minutes; and (b) the meeting may proceed provided that a quorum is maintained but, during the period of suspension:- (i) the provisions of the Act must continue to be observed2; and (ii) no act or discussion will have any status or significance under the provisions which have been suspended; and (iii) no motion may be moved, seconded, amended or voted on, other than a motion that the period of suspension should be brought to an end; and (c) the period of suspension should be limited to achieving the purpose for which it was declared; and (d) the period of suspension will come to an end if: (i) the Presiding Member determines that the period should be brought to an end; or (ii) at least two-thirds of the members present at the meeting resolve that the period should be brought to an end.
21. Chief Executive Officer (CEO) may submit report recommending revocation or amendment of council decision (1) The CEO may submit a report to the Council recommending the revocation or amendment of a resolution passed since the last general election of the Council. Commented [AD16]: May be varied – refer clause 21(3) (2) The CEO must ensure that the report is placed on the agenda for the meeting at which the report is to be considered. Commented [AD17]: May be varied – refer clause 21(3) (3) The provisions of this clause may be varied at the discretion of the Council pursuant to Regulation 6 of the Local Government (Procedures at Meetings) Regulations 2013.
2 See particularly Part 4 of Chapter 5 and Chapter 6 of the Act
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ADDITIONAL COUNCIL-DETERMINED PROCEDURE Termination of Meetings in the Event of an Emergency (1) In the event of an emergency requiring evacuation of the building the meeting will be deemed to have been suspended in accordance with the requirements of Clause 20(1). (2) The CEO or delegate will direct all staff and any visitors to the designated emergency assembly points.
ADDITIONAL COUNCIL-DETERMINED PROCEDURE Confidential Items The conduct of all Council and committee meetings will be in accordance with Council’s Code of Practice - Access to Council Meetings and Documents, which explains the use of confidential provisions under the Local Government Act 1999 at Council and committee meetings.
Part 3 – Meetings of Other Committees
22. Application of Part The provisions of this Part apply to or in relation to the meetings of any Council committee that is not subject to the operation of Part 2.
23. Notice of Meetings for Members (1) Pursuant to Section 87(15) of the Act, Section 87 is modified in its application in relation to the meetings of a committee to which this Part applies as if subsections (4) and (7) to (10) of that section provided as follows:- (a) that notice of a meeting of the committee may be given in a form determined by the committee after taking into account the nature and purpose of the committee; (b) that notice need not be given for each meeting separately; (c) that if ordinary meetings of the committee have a set agenda then notice of such a meeting need not contain, or be accompanied by, the agenda for the meeting; (d) that it is not necessary for the CEO to ensure that each member of the committee at the time that notice of a meeting is given is supplied with a copy of any documents or reports that are to be considered at the meeting.
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Ordinary Council Meeting 65 of 204 26 August 2019
24. Public Notice of Committee Meetings (1) Pursuant to Section 88(7) of the Act, Section 88 is modified in its application in relation to the meetings of a committee to which this Part applies as if sub- sections (2), (3) and (4) provided as follows: (a) that public notice need not be given for each meeting separately; and (b) that public notice may be given by displaying a notice and agenda in a place or places determined by the CEO after taking into account the nature and purpose of the committee.
25. Minutes (1) The minutes of the proceedings of a meeting must include:- (a) the names of the members present at the meeting; and (b) each motion carried at the meeting; and (c) any disclosure of interest made by a member; and (d) details of the making of an order under subsection (2) of Section 90 of the Act (see subsection (7) of that section); and (e) a note of the making of an order under subsection (7) of Section 91 of the Act in accordance with the requirements of subsection (9) of that section. (2) The minutes of the proceedings at a meeting must be submitted for confirmation at the next meeting or, if that is omitted, at a subsequent meeting.
Part 4 – Miscellaneous
26. Quorum for Committees (1) The prescribed number of members of a Council committee constitutes a quorum of the committee and no business can be transacted at a meeting unless a quorum is present. (2) For the purposes of this clause, the prescribed number of members of a Council committee is: (a) unless paragraph (b) applies, a number ascertained by dividing the total number of members of the committee by two (2), ignoring any fraction resulting from the division, and adding one (1); or (b) a number determined by the Council. *See also Section 41(6) of the Act
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Ordinary Council Meeting 66 of 204 26 August 2019
27. Voting at Committee Meetings (1) Subject to the Act and this Code, a question arising for decision at a meeting of a Council committee will be decided by a majority of the votes cast by the members present at the meeting and entitled to vote on the question. (2) Each member of the Council who is a member of a Council committee and who is present at a meeting of the committee must, subject to a provision of the Act to the contrary, vote on a question arising for decision at that meeting. (3) The Presiding Member of a Council committee has a deliberative vote on a question arising for decision at the meeting but does not, in the event of an equality of votes, have a casting vote.
28. Points of Order (1) The Presiding Member may call to order a member who is in breach of the Act or this Code. (2) A member may draw to the attention of the Presiding Member a breach of the Act or this Code, and must state briefly the nature of the alleged breach. (3) A point of order takes precedence over all other business until determined. (4) The Presiding Member will rule on a point of order. (5) If an objection is taken to the ruling of the Presiding Member, a motion that the ruling not be agreed with must be moved immediately. (6) The Presiding Member is entitled to make a statement in support of the ruling before a motion under sub-clause (5) is put. (7) A resolution under sub-clause (5) binds the meeting and, if a ruling is not agreed with:- (a) the ruling has no effect; and (b) the point of order is annulled. (8) All Points of Order, and any subsequent ruling and motions of a Point of Order, will be recorded in the minutes of the meeting.
ADDITIONAL COUNCIL-DETERMINED PROCEDURE Conduct of Members The Mandatory Code of Conduct for Council Members will be adhered to for all meetings.
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Ordinary Council Meeting 67 of 204 26 August 2019
29. Interruption of Meetings by Members (1) A member of a Council or Council committee must not, while at a meeting: (a) behave in an improper or disorderly manner; or (b) cause an interruption or interrupt another member who is speaking; or (c) use offensive language. (2) Sub-clause (1)(b) does not apply to a member who is: (a) objecting to words used by a member who is speaking; or (b) calling attention to a point of order; or (c) calling attention to want of a quorum. (3) If the Presiding Member considers that a member may have acted in contravention of sub-clause (1), the member must be allowed to make a personal explanation. (4) Subject to complying with sub-clause (3), the relevant member must leave the meeting while the matter is considered by the meeting. (5) If the remaining members resolve that a contravention of sub-clause (1) has occurred, those members may, by resolution: (a) censure the member; or (b) suspend the member for a part, or for the remainder, of the meeting. (6) A member who: (a) refuses to leave a meeting in contravention of sub-clause (4); or (b) enters a meeting in contravention of a suspension under sub-clause (5), is guilty of an offence. Maximum penalty: $1,250.
30. Interruption of Meetings by Others (1) A member of the public who is present at a meeting of a Council or Council committee must not: (a) behave in a disorderly manner; or (b) cause an interruption. Maximum penalty: $500.
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Ordinary Council Meeting 68 of 204 26 August 2019
ADDITIONAL COUNCIL-DETERMINED PROCEDURES Public Holidays on Scheduled Meeting Days (1) Council meetings will be held one (1) day later in the event of any public holiday falling on any scheduled meeting day. (2) Committee meetings not undertaking a regulatory function will meet on an alternate day as agreed by the committee members.
Annual Appointment of Committee Chairman, Deputy Chairman and Members The appointment of Committee Chairman, Deputy Chairman and Members will be in line with the Council endorsed Terms of Reference for the relevant Committee.
Use of Electronic Media The Chairperson may deem appropriate for one (1) or more members to participate in committee meetings, covered by Clause 5 ‘Application of Part’, via telephone or electronic means. In doing so the method must ensure that all members and any public member present are able to clearly hear the discussions.
Related Documents Code of Practice – Access to Council Meetings and Documents Code of Conduct for Council Members Deputation Request Form
Records Management All documents relating to this Code of Practice will be registered in Council’s Record Management System and remain confidential where identified.
Document Review This Code of Practice will be reviewed periodically (at leastmust be reviewed within 12 months of a general election. ) to ensure legislative compliance and that it continues to meet the requirements of Council, its activities and programs. The Council may, at any time, by resolution supported by at least two-thirds of the members of Council as a whole, alter, substitute or revoke this Code of Practice.
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Ordinary Council Meeting 69 of 204 26 August 2019
References Local Government Act 1999 Local Government (Procedures at Meetings) Regulations 2013
Further Information Members of the public may inspect this Code of Practice free of charge on Council’s website at www.apc.sa.gov.au or at Council’s Principal Office at: 2a Wasleys Rd, Mallala SA 5502 On payment of a fee, a copy of this policy may be obtained. Any queries in relation to this Code of Practice must be in writing and addressed to the General Manager – Governance and Communications.
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Ordinary Council Meeting 70 of 204 26 August 2019 14.2 Policy Review – Code of Practice – Access to Council Meetings and Documents
Governance and Executive Department: Office
Report Author: Governance Officer
Date: 26 August 2019 Document Ref: D19/42598
EXECUTIVE SUMMARY
The purpose of this report is for Council to adopt the revised Code of Practice – Access to Council Meetings and Documents (the Code of Practice). A Code of Practice relating to the principles, policies and practices that a council will apply in relation to Part 3 – Public access to council and committee meetings, and Part 4 – Minutes of council and committee meetings and release of documents is mandatory under section 92(1) of the Local Government Act 1999 (SA) (the Act). Section 92(2) of the Act requires a council to review the operation of its code of practice within 12 months after the conclusion of each periodic election, and, pursuant to section 92(3) of the Act before a council adopts, alters or substitutes its code of practice, it must undertake public consultation in accordance with its Public Consultation Policy. With the most recent periodic election concluding in November 2018, it is now appropriate, and indeed necessary that the Code of Practice be reviewed. Council’s Governance Advisory Panel, at its meeting on 15 July 2019, considered the Code of Practice and recommended to Council that it undertake public consultation on the same. Council, at its meeting on 22 July 2019, endorsed the Governance Advisory Panel’s recommendation and in doing so, instructed the Chief Executive Officer to undertake public consultation in relation to the Code of Practice. Public consultation was undertaken accordingly, from Wednesday 24 July 2019 to Thursday 15 August 2019 (the Public Consultation Period) and in accordance with Council’s Public Consultation Policy. No feedback was received during the Public Consultation Period. It is recommended that the Code of Practice be adopted.
Ordinary Council Meeting 71 of 204 26 August 2019 RECOMMENDATION
“that Council, having considered Item 14.2 – Policy Review – Code of Practice – Access to Council Meetings and Documents, dated 26 August 2019, receives and notes the report and in doing so adopts the revised Code of Practice – Access to Council Meetings and Documents as presented at Attachment 1 to this Report.”
BUDGET IMPACT
Estimated Cost: Nil
Future ongoing operating costs: Nil
Is this Budgeted? N/A
RISK ASSESSMENT
A Code of Practice relating to the principles, policies and practices that a council will apply in relation to Part 3 – Public access to council and committee meetings, and Part 4 – Minutes of council and committee meetings and release of documents is mandatory under section 92(1) of the Act. Section 92(2) of the Act requires a council to review the operation of its code of practice within 12 months after the conclusion of each periodic election, and, pursuant to section 92(3) of the Act before a council adopts, alters or substitutes its code of practice, it must undertake public consultation in accordance with its Public Consultation Policy.
______Attachments
1. Revised Code of Practice – Access to Council Meetings and Documents.
Ordinary Council Meeting 72 of 204 26 August 2019 DETAILED REPORT
Purpose
The purpose of this report is for Council to adopt the revised Code of Practice – Access to Council Meetings and Documents (the Code of Practice), presented as Attachment 1 to this Report.
Background/History
A code of practice in relation to Part 3 of the Act – Public access to council and committee meetings and Part 4 of the Act – Minutes of council and committee meetings and release of documents is mandatory, under the Act.
The Act provides as follows:-
92—Access to meetings and documents—code of practice
…
(2) A council must, within 12 months after the conclusion of each periodic election, review the operation of its code of practice under this section.
…
(5) Before a council adopts, alters or substitutes a code of practice under this section it must—
(a) make copies of the proposed code, alterations or substitute code (as the case may be) available for inspection or purchase at the council's principal office and available for inspection on a website determined by the chief executive officer; and (b) follow the relevant steps set out in its public consultation policy.
…”
With the most recent periodic election concluding in November 2018, it is now appropriate, and indeed necessary that the Code of Practice be reviewed.
Discussion
Code of Practice
The current Code of Practice has been based on the model document prepared by the Local Government Association (LGA) together with codes adopted by other councils, and ensures compliance with section 92 of the Act.
Noting that(a) the content of the Code of Practice is largely based on legislative requirements and (b) Council has experienced no issues in relation to the operation or application of its Code of Practice, only minor amendments have been made, including:-
Simplifying or clarifying the way that particular legislative requirements are outlined; and Inserting, at part 8 of the Code of Practice, Matters from which the Public can be Excluded (Section 90(3) of the Act).
Ordinary Council Meeting 73 of 204 26 August 2019 Public Consultation The Governance Advisory Panel, at its meeting on 15 July 2019, considered the Code of Practice and recommended to Council that it undertake public consultation on the same.
Council, at its meeting on 22 July 2019, endorsed the Governance Advisory Panel’s recommendation and instructed the Chief Executive Officer to undertake public consultation on the Code of Practice.
Public consultation was undertaken accordingly, from Wednesday 24 July 2019 to Thursday 15 August 2019 and in accordance with Council’s Public Consultation Policy. No feedback was received during the Public Consultation Period.
Conclusion
Public consultation was undertaken in accordance with section 92(5) of the Act and Council’s Public Consultation Policy. No feedback was received during the Public Consultation Period.
It is recommended that the Code of Practice be adopted as attached to this report.
References
Legislation
Local Government Act 1999
Council Policies/Plans
Public Consultation Policy
Ordinary Council Meeting 74 of 204 26 August 2019 Attachment 1 to Item 14.2
Code of Practice - Access to Council Meetings and Documents Version Adoption by Council: TBC Resolution Number: TBC Current Version: V3 Administered by: Last Review Date: 2019
Chief Executive Officer Next Review Date: 2022
Document No: D19/34314 Strategic Outcome: 4.5 Accountable & Sustainable Governance 4.5.1.11 Meet all legislative requirements
1. Objective Section 92 of the Local Government Act 1999 (the Act) requires Council to prepare and adopt a code of practice relating to the principles, policies, procedures and practices that Council will apply for the purposes of the operation of Part 3 – Public access to council and committee meetings and Part 4 – Minutes of council and committee meetings and release of documents.
2. Scope The Code of Practice – Access to Council Meetings and Documents (the Code) applies to meetings of Council and Council Committees. The Code sets out Council’s position for access to meetings and documents and includes information relating to:- public access to the agenda for meetings; u p blic access to meetings; the process by which to exclude the public from meetings; matters for which Council, or Council Committee, can order the public be excluded from meetings; how Council will approach the use of confidentiality provisions; public access to documents, including minutes; review of confidentiality orders; and accountability and reporting to the community; complaints about the use of the Code by Council; and the availability of the Code.
Note: Electronic version in Council’s EDRMS is the controlled version. Printed copies are considered uncontrolled. Before using a printed copy, verify that it is the current version. 1
Ordinary Council Meeting 75 of 204 26 August 2019 3. Definitions Clear Days - The time between giving notice of a meeting, excluding both the day on which the notice was given and the day of the meeting, e.g. notice is given on a Thursday for a following Monday meeting, the clear days being Friday, Saturday and Sunday. Council Committee – as defined by section 41 of the Act.
4. Policy Statement Council is committed to the principle of transparent government, whilst recognising it may be necessary in the broader community interest to restrict public access to discussion and documentation in accordance with the Act. Council encourages community access to its agendas, meetings, minutes and other documents.
5. Public Access to Agendas for Meetings 5.1 At least three (3) clear days before a Council or Committee meeting (with the exception of special meetings) the Chief Executive Officer (CEO) must give written notice of the meeting to all Council or Committee members setting out the date, time and place of the meeting. The notice must contain, or be accompanied by, the agenda for the meeting. 5.2 The notice and agenda will be placed on public display at each office of the Council that is open to the public for the general administration of Council business within its area, and on Council's website. 5.3 The Notice and Agenda will be kept on public display and continue to be published on the website until the completion of the relevant meeting. 5.5 At least one (1) copy of the agenda documents and non-confidential reports that are to be considered at the meeting will be made available to members of the public at the meeting. 5.6 Members of the public may obtain a copy of the agenda and any particular non- confidential reports for a fee to cover the costs of photocopying, in accordance with Council's Schedule of Fees and Charges. 5.7 Where the CEO believes that a document or report on a particular matter should be considered in confidence with the public to be excluded, the basis under which the order could be made in accordance with the confidentiality provisions in Section 90(3) of the Act will be specified. 5.8 Where a Committee is not performing a regulatory activity these procedures may be varied, e.g. they may be given in a form decided by the Committee, and need
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Ordinary Council Meeting 76 of 204 26 August 2019 not be given for each meeting separately. Public notice may be given at a place determined by the CEO taking into account the nature and purpose of the Committee.
6. Public Access to Meetings 6.1 Council meetings and Council Committee meetings are open to the public and attendance is encouraged, except where the Council or Council Committee believes it necessary in the broader community interest to exclude the public from the discussion (and, where relevant, decision) of a particular matter. 6.2 The public will only be excluded when the need for confidentiality outweighs the principles of open and transparent decision making, and where the circumstances come within the provisions of Section 90 of the Act.
7. Process to Exclude the Public from a Meeting 7.1 The Agenda for a Council meeting or Council Committee meeting may include a recommendation from the CEO, after consultation with the Mayor and/or relevant Committee Chairperson, that a particular agenda item, document or report be considered in confidence, with the public to be excluded. In making such a recommendation, the CEO must specify the basis for keeping the matter confidential, with reference to Section 90(3) of the Act. 7.2 Before the Council or a Council Committee orders that the public be excluded, the meeting must, in public, formally determine if this is necessary and appropriate, and then pass a resolution to exclude the public while dealing with a particular matter. If Council or a Council Committee orders that the public be excluded, the grounds for this are to be communicated to the public, in the meeting at the time of them being requested to leave, and by recording in the minutes accordingly. The relevant resolution must specify:- (a) the grounds on which the order was made; (b) the basis on which the information or matter to which the order relates falls within the ambit of each ground on which the order was made; and (c) if relevant, the reasons that receipt, consideration or discussion of the information or matter in a meeting open to the public would be contrary to the public interest. 7.3 If an order to exclude the public is made, the public, including staff, must leave the room unless exempted by being named in the resolution as entitled to remain. For the operation of Section 90(2), a member of the public does not include a Council Member. It is an offence for a person, knowing that an order is
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Ordinary Council Meeting 77 of 204 26 August 2019 in force, to enter or remain in a room in which such a meeting is being held. It is lawful for an employee of Council or a member of the police to use reasonable force to remove a person from the room if he or she fails to leave on request, however, if any form of force is required it is recommended that Council waits until the Police attend to remove the person. 7.4 For the convenience of members of the public present at a meeting, where it is resolved to consider a matter in confidence, the matter may be deferred until the end of the meeting when all other business has been dealt with. 7.5 Once discussion of the relevant agenda item is concluded, the Council or Council Committee will then consider if it is necessary to make an order that a report, attachment and the minutes associated with the agenda item are to remain confidential. In determining this, the Council or Council Committee shall have regard to the provisions of Sections 90 and 91 of the Act. 7.6 Once discussion on the confidential matter is concluded, the public will be permitted to re-enter the meeting. Once members of the public have returned, the decision of the meeting in relation to the confidential matter should be made publicly known unless there has been a formal resolution as outlined at clause 7.5 above, that a report, attachment and/or the minutes of the meeting are to remain confidential. An order of this nature must be recorded in the minutes accordingly and must specify:- (a) the duration of the order or the circumstances in which the order will cease to apply; or (b) a period after which the order must be reviewed. If the order is to apply for a period exceeding 12 months, the order must be reviewed every 12 months from the date it was made and consideration given to delegating to the CEO the authority to review the order. 7.7 In the case of an order of specified duration:- (a) the duration of the order cannot be extended after the order has ceased to apply; and (b) in any event, the power to do so cannot be delegated. 7.8 No formal resolution is required to ‘come out of confidence’ or go back into public session.
8. Matters from which the Public can be Excluded (Section 90(3) of the Act) 8.1 Council, or a Council Committee, may order that the public be excluded in the following circumstances:-
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Ordinary Council Meeting 78 of 204 26 August 2019 (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; (c) information the disclosure of which would reveal a trade secret; (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; (e) matters affecting the security of the council, members or employees of the council, or council property, or the safety of any person; (f) information the disclosure of which could reasonably be expected to prejudice the maintenance of law, including by affecting (or potentially affecting) the prevention, detection or investigation of a criminal offence, or the right to a fair trial; (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; (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; (j) information the disclosure which— (i) would divulge information provided on a confidential basis by or to a Minister of the Crown, or another public authority or official (not being an employee of the council, or a person engaged by the council); and (ii) would, on balance, be contrary to the public interest; (k) tenders for the supply of goods, the provision of services or the carrying
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Ordinary Council Meeting 79 of 204 26 August 2019 out of works; (m) information relating to a proposed amendment to a Development Plan under the Development Act 1993 before a Development Plan Amendment proposal relating to the amendment is released for public consultation under that Act; (n) information relevant to the review of a determination of a council under the Freedom of Information Act 1991 . 8.2 In considering whether an order should be made to exclude the public under section 90(2), it is irrelevant that discussion of a matter in public may cause embarrassment to the Council or the Council Committee concerned, or to members or employees of the Council, or cause a loss of confidence in the Council or Council Committee.
9. Public Access to Minutes Minutes of a meeting of Council or a Council Committee will be available at Council’s Principal Office, and on Council’s website, within five (5) days after the meeting.
10. Use of the Confidentiality Provisions 10.1 Any consideration of the use of the confidentiality provisions to exclude the public from the discussion of a particular agenda item at a meeting will require the identification of one (1) or more of the grounds listed within Section 90(3) of the Act (and outlined at clause 8.1 above) and the factual reasons for the application of the ground(s). 10.2 Information on the grounds on which an order to exclude the public is made will be conveyed to the public at the time of them being ordered to leave the meeting. The public will not be excluded until after a confidentiality motion has been debated and passed and sufficient reasons for the need to exclude the public given. 10.3 The meeting will not consider a number of agenda items in confidence together. The meeting will determine each item separately and consider the exemptions relevant to each item. Thus the public can be present for the debate on whether any subsequent item should be considered in confidence. 10.4 Council Members, former Council Members, Employees and former Employees are prohibited from disclosing information or a document over which there is a Council or Committee confidentiality order under Section 90 of the Act. Such a breach may result in pecuniary or imprisonment penalties.
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Ordinary Council Meeting 80 of 204 26 August 2019 10.5 In all instances, the objective will be to make information and documents publicly available at the earliest possible opportunity once the confidentiality order ceases to exist. 10.6 The use of confidentiality provisions will be recorded in the Confidential Items Register and maintained by the CEO.
11. Review of Confidentiality Orders 11.1 A confidentiality order made under Section 91(7) of the Act must specify the duration of the order or the circumstances in which the order will cease to apply, or a period after which the order must be reviewed. 11.2 Any order that operates for a period exceeding twelve (12) months will be reviewed at least once every year to ascertain whether the g r o u n d s for non- disclosure are still relevant and, if so, provide the relevant grounds and reasons for the minutes and/or documents remaining confidential. 11.3 An order will lapse if the time or event specified has been reached or carried out. In this instance, there is no need for Council or the Council Committee to resolve for the confidential order to be lifted. Once the order has lapsed, the minutes and/or documents automatically become public. The Chief Executive Officer will make this information publicly available and include it on the Council's website within a reasonable timeframe after it is available for inspection at the Principal Office of Council, and not more than 90 days after an order has lapsed. 11.4 Where an original confidentiality order is about to expire, the CEO will prepare a report to Council making recommendations with respect to each item to be retained in confidence. Each item will be addressed separately and assessed against Section 90(3) and Section 91(7) of the Act. Council may resolve to exclude the public from a meeting to discuss and undertake consideration of the recommendations arising from the annual review in confidence. 11.5 Council may delegate the power to undertake an annual review to the CEO, but Council cannot delegate the power to apply Sections 90(3) and 91(7) of the Act. 11.6 If there is no longer any need for the confidentiality order then the Council or a Council Committee may delegate to the CEO the power to revoke an order made in accordance with Section 91(7) of the Act. Council or a Council Committee may also include in the resolution whether any delegation is given to the CEO to revoke the order and if relevant, any conditions associated with the delegation.
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Ordinary Council Meeting 81 of 204 26 August 2019 12. Public Access to Documents 12.1 Various publicly available documents can be viewed in electronic form on Council’s website www.apc.sa.gov.au. Members of the public may purchase copies of publicly available documents in accordance with Council’s Schedule of Fees. 12.2 In accordance with Section 91(8) of the Act a Council or Council Committee must not make an order to prevent:
the disclosure of the remuneration or conditions of service of an employee of the Council after the remuneration or conditions have been set or determined; or the disclosure of the identity of a successful tenderer for the supply of goods or the provision of services (including the carrying out of works), or of any reasons adopted by the Council as to why a successful tenderer has been selected; or the disclosure of the amount or amounts payable by the under a contract for the supply of goods or the provision of services (including the carrying out of works) to, or for the benefit of, the Council after the contract has been entered into by all parties to the contract; or the disclosure of the identity of land that has been acquired or disposed of by the Council, or of any reasons adopted by the Council as to why land has been acquired or disposed of by the Council. 12.3 Requests to access Council and Council Committee documents can be made under the Freedom of Information Act 1991. Enquiries in relation to this process should be directed to Council’s Accredited Freedom of Information Officer.
13. Accountability and Reporting 13.1 Information regarding use of the confidentiality provisions by Council and Council Committees must be included in Council’s Annual Report. 13.2 The Annual Report will include the following information, separately identified for both Council and its Committees: (a) Number of occasions each of the provisions of Sections 90(2) and 90(3) were utilised; (b) Number of occasions each of the provisions of Sections 90(2) and 90(3) and Section 91(7) were utilised, expressed as a percentage of total agenda items considered; (c) An indication of any particular issues that contributed to the use of confidentiality provisions on more than one occasion e.g. a proposal to
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Ordinary Council Meeting 82 of 204 26 August 2019 acquire a parcel of land was considered on three (3) separate occasions; (d) Number of occasions that information originally declared confidential has subsequently been made publicly available; and (e) Number of occasions that information declared confidential has not been made publicly available and the reason for this in each case.
14. Informal Gatherings Council may hold informal gatherings or discussions provided that a matter which would ordinarily form part of the agenda for a formal meeting is not dealt with in such a way as to obtain, or effectively obtain, a decision on the matter outside of a formally constituted meeting of Council or a Council Committee. These are governed by Council’s Informal Gatherings Policy.
15. Complaints 15.1 Should a person be aggrieved about public access to either a meeting or a document, they should firstly raise their question or complaint in writing to the Chief Executive Officer, who will provide a full explanation of the application of confidentiality provisions. It is anticipated that most, if not all, questions or complaints will be resolved through this manner. 15.2 Should this not resolve the matter, the aggrieved person may lodge an application for review of that decision under Council’s Internal Review of Council Decisions Policy. This policy is available on Council’s website and at the Principal Office. 15.3 Additionally, any aggrieved person may also lodge a complaint with the Office of Public Integrity or the Ombudsman, who may carry out an investigation.
16. Related Documents Annual Report Code of Practice – Meeting Procedures Informal Gatherings Policy Internal Review of Council Decisions Policy Schedule of Fees and Charges
17. Records Management All documents relating to this Code will be registered in Council’s Record Management System and remain confidential where identified.
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Ordinary Council Meeting 83 of 204 26 August 2019
18. Document Review This Code will be reviewed every two (2) years, and within twelve (12) months of the conclusion of each periodic election as required by Section 92 of the Act, to ensure legislative compliance and that it continues to meet the requirements of Council its activities and programs.
19. References Freedom of Information Act 1991 Local Government Act 1999 Local Government (Procedures at Meetings) Regulations 2000
20. Further Information Members of the public may inspect this Code free of charge on Council’s website at
www.apc.sa.gov.au or at Council’s Principal Office at: 2a Wasleys Rd, Mallala SA 5502 On payment of a fee, a copy of this Code may be obtained. Any queries in relation to this Code must be in writing and directed to the General Manager – Governance and Communication.
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Ordinary Council Meeting 84 of 204 26 August 2019 14.3 Policy Introduction – Public Interest Disclosure Procedure
Governance and Executive Department: Office
General Manager – Governance Report Author: and Executive Office
Date: 26 August 2019 Document Ref: D19/38799
EXECUTIVE SUMMARY
The purpose of this report is to update Council in relation to the recently enacted Public Interest Disclosure Act 2019 (the PID Act) and for Council to adopt the associated draft Public Interest Disclosure Procedure (draft PID Procedure). The PID Act, along with the Public Interest Disclosure Regulations 2019 (the PID Regulations), came into effect on 1 July 2019. The PID Act, which repeals/replaces the Whistleblowers Protection Act 1993, facilitates the appropriate disclosure of public interest information of certain persons or authorities. It provides increased protections for people who make a public interest disclosure and sets out processes for dealing with such disclosures. It is important that Council has a procedure in place for dealing with disclosures that fall within the ambit of the PID Act. Although not mandatory yet, Council has sought the assistance of Norman Waterhouse Lawyers to prepare a draft PID Procedure. It is recommended that Council adopts the draft PID Procedure as presented at Attachment 1 to this report.
RECOMMENDATION
“that Council, having considered Item 14.3 – Policy Introduction – Public Interest Disclosure Procedure, dated 26 August 2019, receives and notes the report and in doing so adopts the Public Interest Disclosure Procedure as provided for in Attachment 1 to this report.”
Ordinary Council Meeting 85 of 204 26 August 2019 BUDGET IMPACT
Estimated Cost: Nil
Future ongoing operating costs: Nil Is this Budgeted? Not applicable
RISK ASSESSMENT
Although not mandated yet, it is envisaged that all councils will soon be required to have in place a procedure in relation to the PID Act. By adopting the draft PID Procedure, Council will be in a better position to deal with appropriate disclosures of public interest information and therefore to meet its obligations under the PID Act.
______Attachments
1. Draft Public Interest Disclosure Procedure.
Ordinary Council Meeting 86 of 204 26 August 2019 DETAILED REPORT
Purpose
The purpose of this report is to update Council in relation to the recently enacted Public Interest Disclosure Act 2019 (the PID Act) and for Council to adopt the associated draft Public Interest Disclosure Procedure (draft PID Procedure).
Background/History
On 24 June 2019, Council Members undertook training conducted by Norman Waterhouse Lawyers in relation to Council’s obligations under the PID Act. The training focused on the obligations on Council Members.
As Members will be aware, the PID Act, along with the Public Interest Disclosure Regulations 2019 (the PID Regulations), came into effect on 1 July 2019. The PID Act repealed the Whistleblowers Protection Act 1993.
The PID Act establishes a scheme that encourages and facilitates the appropriate disclosure of public interest information of certain persons or authorities (a public interest disclosure). It provides increased protections for people who make a public interest disclosure and sets out processes for dealing with such disclosures. Section 12 of the PID Act specifically sets out the duties of principal officers. The Chief Executive Officer, as Council’s ‘principal officer’, is responsible for ensuring that Council meets its obligations under the PID Act. Examples include appointing/designating Council employees as ‘responsible officers’ for the purpose of the PID Act and ensuring that necessary documentation/procedures are prepared and maintained. Further information about the PID Act can be found at https://publicsector.sa.gov.au/policies- standards/public-interest-disclosure-act/ and a copy of the PID Act can be downloaded at https://legislation.sa.gov.au/LZ/C/A/PUBLIC%20INTEREST%20DISCLOSURE%20ACT%202018/CURREN T/2018.26.AUTH.PDF.
Discussion
Responsible Officers The following Council officers have been appointed as responsible officers for the purpose of the PID Act:-
Sheree Schenk, General Manager – Governance and Executive Office; and Alyssa Denicola, Governance Officer.
Ordinary Council Meeting 87 of 204 26 August 2019 Procedure
Since the commencement of the PID Act and given the significance and impact, Management have been utilising the assistance Mr Dale Mazzachi of Norman Waterhouse Lawyers to prepare a draft Public Interest Disclosure Procedure (draft PID Procedure).
It is noted that the PID Act, as currently drafted, requires the principal officer of a public sector agency only (and not a council) to prepare and maintain a procedure under section 12(4). We are, however, aware that this is likely to be amended to make the requirement for a procedure mandatory for councils. In any event, it is prudent for Council to prepare and maintain a procedure to provide guidance in relation to the processes and requirements for dealing with appropriate disclosures under the PID Act. The draft PID Procedure has taken into account the relevant requirements of the PID Act together with the model documents prepared by the Local Government Association (LGA).
In summary, outside of the standard policy clauses, the draft PID Procedure outlines the following:-
Statement of Intent Responsibilities (of the CEO, Responsible Officers, Council Members and Employees) Confidentiality Disclosure Process Receipt of a Disclosure Preliminary Assessment of Disclosure Notification of Preliminary Assessment Investigation Procedure Notification of Further Action Final Report Securing Handling and Storage of Information Protection for the Informant
Conclusion
It is recommended that Council adopts the draft PID Procedure as presented at Attachment 1 to this report.
References
Legislation
Local Government Act 1999 (SA)
Public Interest Disclosure Act 2018 (SA)
Public Interest Disclosure Regulations 2019 (SA)
Council Policies/Plans
Nil
Ordinary Council Meeting 88 of 204 26 August 2019 Attachment 1 to Item 14.3
Public Interest Disclosure Procedure
Version Adoption by Council: TBC Resolution Number: TBC Current Version: V1 Administered by: Last Review Date: 2019 Chief Executive Officer Next Review Date: 2021
Strategic Outcome 4.5 Accountable & Sustainable Governance Document No: D19/28190 4.5.1.11 Meet all legislative requirements
Principal Officer – Statement of Intent This Procedure has been prepared in accordance with the requirements of sections 12(4) and (5) of the Public Interest Disclosure Act 2018 (PID Act). As Chief Executive Officer of Adelaide Plains Council, and Principal Officer for the purposes of the PID Act, I expect that the implementation and operation of the PID Act will encourage and facilitate: further transparency and accountability in the Council's administrative and management practices; and the disclosure, in the public interest, of information about substantial risks to public health or safety, or to the environment, and about corruption, misconduct and maladministration in public administration. This Procedure is designed to enable that to occur, by ensuring that proper procedures are in place for the making of such Disclosures and for dealing with such Disclosures, and by providing appropriate protections for those who make such Disclosures. I, and the other staff, officers and Council members at Adelaide Plains Council remain deeply committed to the protection of informants who make Disclosures in accordance with the PID Act, and to the genuine and efficient consideration and action in relation to information provided to the Council via a Disclosure, as contemplated and demonstrated by this Procedure. Any questions about this Procedure should be directed in the first instance to a Responsible Officer, whose details are at Part 4 of this Procedure.
James Miller, Principal Officer Chief Executive Officer, Adelaide Plains Council
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1. Introduction 1.1. Adelaide Plains Council is committed to: upholding the principles of transparency and accountability in its administrative and management practices; the protection of informants who make Disclosures; and the genuine and efficient consideration and action in relation to information provided in a Disclosure and, therefore, encourages the making of Disclosures that reveal public interest information in accordance with this Procedure. 1.2. Council is also committed to: referring, as necessary, Disclosures to another Relevant Authority; where the Disclosure relates to Corruption, or serious or systemic Misconduct or Maladministration in public administration, reporting the Disclosure directly to the OPI in accordance with the ICAC Directions and Guidelines; otherwise facilitating the investigation of Disclosures in a manner which promotes fair and objective treatment of those involved; and rectifying any substantiated wrongdoing to the extent practicable in all the circumstances. 1.3. This document explains the applicable procedures and processes that Adelaide Plains Council has in place for making and dealing with Disclosures of public interest information, to ensure that Council: properly fulfils its responsibilities under the PID Act and the ICAC Act; appropriately encourages and facilitates Disclosures of Public Interest Information, including environmental and health information regarding a location within the area of Adelaide Plains Council; provides a process by which Disclosures may be made so that they are properly investigated; provides appropriate protection for those who make Disclosures in accordance with the Act; and recognises the need to appropriately support Informants, the Responsible Officer and, as appropriate, those Public Officers affected by any Disclosure.
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2. Scope 2.1. This Procedure applies to appropriate Disclosures of Public Interest Information, that are made in accordance with the PID Act, by: 2.1.1. public officers including members, officers and employees of Council; and 2.1.2. members of the public. 2.2. This Procedure is intended to complement the reporting framework under the ICAC Act, and designed to complement the existing communication channels within Council and to operate in conjunction with other existing policies and procedures, including the: Code of Conduct for Council Employees; Code of Conduct for Council Members; Human Resource Management Policy; and Internal Review of Council Decisions Policy and Procedure under section 270 of the Local Government Act 1999.
3. Definitions For the purposes of this Procedure the following definitions apply. 3.1. Authorised Officer means a person appointed as an authorised officer of the Council under in Act relating to a Regulatory Activity of the Council. 3.2. Commissioner means the person holding or acting in the office of the Independent Commissioner Against Corruption. 3.3. Corruption in public administration is defined in section 5(1) of the ICAC Act and means: 3.3.1. an offence against Part 7 Division 4 (Offences relating to public officers) of the Criminal Law Consolidation Act 1935, which includes the following offences: (i) bribery or corruption of public officers; (ii) threats or reprisals against public officers; (iii) abuse of public office; (iv) demanding or requiring benefit on basis of public office; (v) offences relating to appointment to public office; or 3.3.2 an offence against the Public Sector (Honesty and Accountability) Act 1995 or the Public Corporations Act 1993, or an attempt to commit such an offence; or
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3.3.3 an offence against the Lobbyists Act 2015, or an attempt to commit such an offence; or 3.3.4 any other offence (including an offence against Part 5 (Offences of dishonesty) of the Criminal Law Consolidation Act 1935) committed by a public officer while acting in his or her capacity as a public officer or by a former public officer and related to his or her former capacity as a public officer, or by a person before becoming a public officer and related to his or her capacity as a public officer, or an attempt to commit such an offence; or 3.3.5 any of the following in relation to an offence referred to in a preceding paragraph: (i) aiding, abetting, counselling or procuring the commission of the offence; (ii) inducing, whether by threats or promises or otherwise, the commission of the offence; (iii) being in any way, directly or indirectly, knowingly concerned in, or party to, the commission of the offence; (iv) conspiring with others to effect the commission of the offence 3.4. Council means Adelaide Plains Council. 3.5. Detriment includes: injury, harm (including psychological harm), damage (including damage to reputation) or loss; intimidation or harassment; discrimination, disadvantage or adverse treatment in relation to a person's employment; and/or threats of reprisal (which may be express or implied, and/or conditional or unconditional). 3.6. Disclosure means an appropriate Disclosure of public interest information made by an Informant to a Relevant Authority within the meaning of the PID Act. A person makes an appropriate Disclosure of environmental and health information if: (a) the person: i. believes on reasonable grounds that the information is true; or ii. is not in a position to form a belief on reasonable grounds about the truth of the information, but believes on reasonable grounds that the information may be true and is of sufficient significance to justify its Disclosure so that its truth may be investigated; and
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(b) the Disclosure is made to a Relevant Authority. A person makes an appropriate Disclosure of public administration information if: (a) the person: i. is a public officer; and ii. reasonably suspects that the information raises a potential issue of corruption, misconduct or maladministration in public administration; and (b) the Disclosure is made to a Relevant Authority. 3.7. Employee refers to all the Council's employees, whether they are working in a full-time, part-time or casual capacity. 3.8. Environmental and health information means information that raises a potential issue of a substantial risk to the environment or to the health or safety of the public generally or a significant section of the public. 3.9. Fraud includes an intentional dishonest act or omission done with the purpose of deceiving. 3.10. ICAC Act is the Independent Commissioner Against Corruption Act 2012. 3.11. ICAC Directions and Guidelines means the Directions and Guidelines for Public Officers issued by the Commissioner pursuant to the ICAC Act. 3.12. Informant means a person who makes an appropriate Disclosure of public interest information to a Relevant Authority. 3.13. Maladministration in public administration is defined in section 5(4) of the ICAC Act and 3.13.1. means: (i) conduct of a public officer, or a practice, policy or procedure of a public authority, that results in an irregular and unauthorised use of public money or substantial mismanagement of public resources; or (ii) conduct of a public officer involving substantial mismanagement in or in relation to the performance of official functions; and 3.13.2. includes conduct resulting from impropriety, incompetence or negligence; and 3.13.3. is to be assessed having regard to relevant statutory provisions and administrative instructions and directions. 3.14. Misconduct in public administration is defined in section 5(3) of the ICAC Act and means:
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3.14.1. contravention of a code of conduct by a public officer while acting in his or her capacity as a public officer that constitutes a ground for disciplinary action against the officer; or 3.14.2. other misconduct of a public officer while acting in his or her capacity as a public officer. 3.15. OPI means the Office for Public Integrity established under the ICAC Act that has the function to: 3.15.1. receive and assess complaints about public administration from members of the public; 3.15.2. receive and assess reports about corruption, misconduct and maladministration in public administration from the Ombudsman, the Council and public officers; 3.15.3. refer complaints and reports to inquiry agencies, public authorities and public officers in circumstances approved by the Commissioner or make recommendations as to whether and by whom complaints and reports should be investigated; 3.15.4. give directions or guidance to public authorities in circumstances approved by the Commissioner; 3.15.5. perform other functions assigned to the Office by the Commissioner. 3.16. Public administration information means information that raises a potential issue of corruption, misconduct or maladministration in public administration. 3.17. Public interest information means environmental and health information, or public administration information. 3.18. PID Guidelines means the Guidelines issued by the Commissioner pursuant to the PID Act. 3.19. PID Act means the Public Interest Disclosure Act 2018. 3.20. Principal Officer for the purposes of the PID Act means the Chief Executive Officer of the Council. 3.21. Public Officer has the meaning given by section 4 and Schedule 1 of the ICAC Act, and includes a Council member; and an employee or officer of the Council; 3.22. Regulatory Activity has the same meaning as in the Local Government Act 1999. 3.23. Relevant Authority means the person or entity that receives an appropriate Disclosure of public interest information in accordance with the PID Act, as set out in Appendix A to this Procedure.
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3.24. Responsible Officer is a person who has completed any training courses approved by the Commissioner for the purposes of the Public Interest Disclosure Regulations 2019 and has been designated by the Principal Officer as a responsible officer under section 12 of the PID Act. Where this Procedure refers to “a” or “the” Responsible Officer, it means any Responsible Officer unless the context requires otherwise. 3.25. Victimisation occurs when a person causes detriment to another on the ground, or substantially on the ground, that the other person (or a third person) has made or intends to make an appropriate Disclosure of public interest information.
4. Responsibilities 4.1. The Principal Officer is responsible for: 4.1.1. ensuring that one or more appropriately qualified officers or employees of the Council are designated as Responsible Officers of the Council for the purposes of the PID Act and undertake any training required by the Public Interest Disclosure Regulations 2019; and 4.1.2. ensuring that the name and contact details of each Responsible Officer of the Council are made available to officers and employees of the Council; and 4.1.3. the preparation and maintenance of this Procedure in accordance with the requirements of the PID Act, the ICAC Directions and Guidelines, and the PID Guidelines.
4.2. A person designated as a Responsible Officer for Council: 4.2.1. must: 4.2.1.1. receive Disclosures relating to the Council and ensure compliance with the PID Act, and this Procedure, in relation to any such Disclosures; 4.2.1.2. make appropriate recommendations to the Principal Officer of the Council in relation to dealing with Disclosures, including any suggested changes to this Procedure; and 4.2.1.3. provide advice to officers and employees of the Council in relation to the administration of the PID Act; and 4.2.1.4. complete any training courses approved by the Commissioner for the purposes of the Public Interest Disclosure Regulations 2019; and
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4.2.2. may carry out any other functions relating to the PID Act; 4.2.3. may seek legal advice from Council’s lawyers and/or guidance from SAPOL or the Ombudsman in relation to the most appropriate course of action to pursue and is authorised to incur costs in accordance with the Council’s Budget for that purpose. 4.3. A Council member, employee or officer of the Council is responsible for: 4.3.1. ensuring they comply with this Procedure when dealing with any Disclosure; 4.3.2. immediately referring any Disclosure of environmental and health information made to them by a member of the public to the Team Manager – Regulatory or the Responsible Officer; and 4.3.3. immediately referring any Disclosure of public interest information made to them by a public officer, to the Responsible Officer. 4.4. Upon receipt of a Disclosure: 4.4.1. the Responsible Officer will deal with the Disclosure in accordance with the processes described in this Procedure and the PID Act; 4.4.2. the Team Manager – Regulatory will determine whether the matter falls within the scope of Council’s responsibilities to investigate as a Regulatory Activity and if the matter does not, refer the matter to the Responsible Officer to deal with in accordance with this Procedure. 4.5. If an Informant believes that his/her Disclosure is not being dealt with appropriately or in accordance with this Procedure, is encouraged to contact the Responsible Officer in the first instance. Where the matter cannot be resolved, an Informant may request the Principal Officer review the handling of their disclosure in accordance with Council’s Internal Review of Council Decisions Procedure. 4.6. The Responsible Officer may be contacted in person, by telephone or in writing. The relevant contact details are: Responsible Officer No. 1: Sheree Schenk General Manager Governance & Executive Office Telephone (08) 8527 0200 Email [email protected] Address Confidential Responsible Officer No. 1, Public Interest Disclosure PO Box 18 Mallala SA 5502
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Responsible Officer No. 2: Alyssa Denicola Governance Officer Telephone (08) 8527 0216 Email [email protected] Address Confidential Responsible Officer No. 2, Public Interest Disclosure PO Box 18 Mallala SA 5502
5. Confidentiality 5.1. The identity of an Informant will be maintained as confidential in accordance with the PID Act and PID Guidelines. 5.2. A recipient of a Disclosure may only divulge the identity of an Informant where: 5.2.1. the recipient believes on reasonable grounds that it is necessary to divulge the identity of the Informant in order to prevent or minimise an imminent risk of serious physical injury or death to any person, and the identity of the Informant is then divulged to a person or authority that the recipient believes on reasonable grounds is the most appropriate authority or person to be able to take action to prevent or minimise the imminent risk of serious physical injury or death to any person; 5.2.2. the recipient has been issued with a notice from the OPI advising that the identity of the Informant is required by the OPI, in which case the recipient must disclose the identity of the Informant to the OPI; 5.2.3. doing so is necessary for the matter to be properly investigated (but only to the extent necessary to ensure proper investigation); or 5.2.4. the Informant consents to his/her identity being disclosed. 5.3. The PID Act does not expressly require any other information relating to a Disclosure (including, for example, the nature of the allegations) apart from the identity of the Informant to be maintained as confidential, but in considering whether to further disclose other information provided as part of a Disclosure the Council will be mindful of the prohibition against Victimisation in the PID Act. 5.4. An Informant may wish to remain anonymous, but in that event must ensure that the allegation is sufficiently supported by the provision of necessary details and evidence to enable the matter to be properly investigated.
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6. Disclosure Process 6.1. Relevantly for the purposes of this Procedure, the PID Act provides for protection for Informants where Disclosures are made: 6.1.1. by a member of the public or a public officer about environmental and health information which the Informant reasonably believes to be true or which the Informant believes may be true and is of sufficient significance to warrant Disclosure, regarding a location within the Council area of a particular council; and/or 6.1.2. by a public officer with a reasonable suspicion about public administration information regarding either a location within a Council area or a public officer who is a member, officer or employee of the Council. 6.2. Disclosures should generally, and wherever possible, be directed in the first instance to the Responsible Officer, who has the responsibility for receiving Disclosures relating to the Council. 6.3. However, nothing in this Procedure prevents a person from making a Disclosure to another Relevant Authority, including a Relevant Authority external to the Council (e.g. the Ombudsman or OPI). This is a choice to be made by the Informant at his/her discretion. 6.4. The following are relevant considerations for an Informant in determining where to direct a Disclosure: 6.4.1. when choosing to make a Disclosure internally, Disclosures relating to an elected member or a member of council staff, including the Chief Executive Officer (or person acting in that position), should usually be made to a Responsible Officer; 6.4.2. any Disclosure relating to a person appointed as a Responsible Officer should be made to the other person appointed as a Responsible Officer or failing this, to a Relevant Authority external to the Council (such as the OPI); 6.4.3. any Disclosure relating to public administration information about a public officer who is a member, officer or employee of the Council may be made to a Responsible Officer, or to the person responsible (either in fact, or as may be designated by the PID Act) for the management or supervision of the public officer the subject of the Disclosure; 6.4.4. any Disclosure relating to Maladministration or Misconduct in public administration may be reported to OPI in accordance with the ICAC Act; 6.4.5. if there is a reasonable suspicion of Corruption, or of Maladministration or Misconduct in public administration that is
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serious or systemic, and the Informant is a public officer, the matter must be reported to the OPI in accordance with the ICAC Directions and Guidelines; 6.5. A Disclosure may be made in person, by telephone or in writing (either by post or email). Where a Disclosure is made by telephone, the recipient should take notes of the conversation. 6.6. The following steps will be taken to ensure that a Disclosure is received securely: 6.6.1. Responsible officer telephone lines and email address will only be accessible to Responsible Officers and, to the minimum extent necessary, information technology staff (see Part 13 of this Procedure); and 6.6.2. Mail addressed to a Responsible Officer will not be opened by any person within the Council prior to being provided to the Responsible Officer.
7. Receipt of a Disclosure 7.1. If a Council member, employee or officer receives what they consider may be a Disclosure of public interest information regarding a location within the Council area, the recipient of that potential Disclosure will: 7.1.1. ask the Informant whether they consent to the details of their identity being provided to the Responsible Officer or other officers of Council, and in doing so advise the Informant that a failure to provide that consent may mean that the Disclosure cannot be properly investigated (for example, ‘Do you consent to your name and contact details being provided to council officers responsible for managing and investigating your complaint? While you are not obliged to do so, failure to agree might impact Council’s ability to deal with your complaint.’); and 7.1.2. refer the Disclosure in accordance with clause 4.3 of this Procedure. 7.2. Upon the receipt of a Disclosure (whether directly, or by referral from a Council member, employee or officer): 7.2.1. the Responsible Officer will: 7.2.1.1. immediately undertake a Preliminary Assessment in accordance with Part 8 of this Procedure; and 7.2.1.2. as soon as practicable thereafter, in accordance with Part 9 of this Procedure: 7.2.1.3. notify the OPI of the Disclosure; and
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7.2.1.4. notify the Informant of whether and what action is being taken; and 7.2.1.5. if the original recipient of the Disclosure was a member, officer or employee of the Council—provide confirmation to that person that the OPI and the Informant have been duly notified; and 7.2.1.6. subject to the outcome of the Preliminary Assessment, then take appropriate action, including, where required: 7.2.1.6.1. refer the Disclosure for investigation in accordance with Part 10 of this Procedure; and 7.2.1.6.2. notifying the Informant of the outcome of any action, including any investigation in accordance with Part 11 of this Procedure; and 7.2.1.6.3. notifying the OPI of the outcome of any action taken in accordance with Part 11 of this Procedure; and/or 7.2.1.6.4. reporting the outcome of any action taken to the Minister in accordance with Part 11 of this Procedure; and 7.2.1.6.5. preparing and issuing a final report to the Principal Officer in accordance with Part 12 of this Procedure; 7.2.2. the Team Manager – Regulatory will: 7.2.2.1. immediately undertake a Preliminary Assessment in accordance with Part 8 of this Procedure; and 7.2.2.2. subject to the outcome of the Preliminary Assessment, then take appropriate action, including, where required: 7.2.2.2.1. referring the matter for investigation by an appropriate Authorised Officer of the Council in accordance with the Council’s ordinary investigative procedures for dealing with Regulatory Activities; 7.2.2.2.2. informing the Responsible Officer so that they may undertake the steps required by Part 9, 11 and 12 of this Procedure as the case requires. 7.3. Where a matter is referred to the Council by an external Relevant Authority as a result of a Disclosure received by that external Relevant Authority, the matter will be dealt with in accordance with the PID Act and the PID Guidelines.
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7.4. The Responsible Officer will be the primary point of contact for liaising with any external Relevant Authority. The processes in this Procedure should be followed as closely as possible for dealing with matters referred to the Council by an external Review Agency, subject to necessary modifications in the discretion of the Responsible Officer.
8. Preliminary Assessment of Disclosure 8.1. Upon receipt of a potential Disclosure, the Responsible Officer (or, where relevant, the Team Manager – Regulatory with the assistance of the Responsible Officer) will immediately conduct an assessment to determine whether the potential Disclosure meets the definition in clause 3.6 of this Procedure. In particular, the officer will assess: 8.1.1. Whether the information disclosed is Public Interest Information; 8.1.2. If the matter relates to public administration information: whether the Informant is a public officer and therefore eligible for the protection of the PID Act; 8.1.3. Whether the relevant subjective elements in Sections 5(3)(a) or (b) or 5(4) of the PID Act are present (i.e. belief/reasonable suspicion on the part of the Informant); 8.1.4. Whether the person who received the disclosure was a Relevant Authority for the purpose of receiving that particular kind of Public Interest Information; 8.2. If the officer does not consider that the definition in clause 3.6 of this Procedure is met, then the officer has discretion as to how to communicate this to the Informant, and this Procedure no longer applies. 8.3. Where the officer is satisfied that the Disclosure meets the definition in clause 3.6 of this Procedure, the officer will undertake further assessment to determine: 8.3.1. if the content of the Disclosure suggests there is an imminent risk of serious physical injury or death to any person or the public generally; 8.3.2. if the matter/s the subject of the Disclosure involve corruption in public administration, or serious or systemic misconduct or maladministration in public administration; or 8.3.3. if the information disclosed justifies further action, including a decision as to whether the Disclosure: 8.3.3.1. is frivolous, vexatious or trivial (in which case, no further action will be taken in relation to the Disclosure);
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8.3.3.2. involves a matter which has already been investigated or acted upon by a Relevant Authority and there is no reason to re- examine the matter or there is other good reason why no action should be taken in respect of the matter (in which case, no further action will be taken in relation to the Disclosure); 8.3.3.3. otherwise does not justify the taking of further action; 8.3.3.4. requires referral to another Relevant Authority external to the Council; or 8.3.3.5. warrants investigation in accordance with the relevant Council procedure for a Disclosure of that kind. 8.4. Where the Disclosure relates to public administration information about a public officer who is a member, officer or employee of the Council and it is made to the person responsible for the management or supervision of the public officer the subject of the Disclosure (the Supervisor), the Supervisor will conduct the Preliminary Assessment instead of the Responsible Officer, and will then report the outcome of his/her determination following the Preliminary Assessment to the Responsible Officer to action. If the Supervisor is unable to provide the identity of the Informant to the Responsible Officer due to none of the circumstances in clause 5.2 of this Procedure applying, then the Supervisor will be responsible for providing notice to the Informant in accordance with clause 9.1 and, if applicable, clause 11.1 (instead of the Responsible Officer). 8.5. The Responsible Officer must (or, where relevant, the Team Manager – Regulatory with the assistance of the Responsible Officer) report the outcome of his/her determination (or Supervisor’s determination) following the Preliminary Assessment to the Chief Executive Officer (unless the Disclosure relates to the Chief Executive Officer). Any report prepared in accordance with this Part will not disclose particulars that will or are likely to lead to the identification of the Informant, unless the circumstances in clause 5.2 of this Procedure apply. 8.6. Where the Responsible Officer (or, where relevant, the Team Manager – Regulatory or Supervisor) determines that the content of the Disclosure suggests there is an imminent risk of serious physical injury or death to any person or to the public generally, the Responsible Officer (or Supervisor) must immediately communicate such information as may be necessary to mitigate that risk to the most appropriate agency (for example, South Australia Police, SafeWork SA, SA Ambulance, Environment Protection Authority). In doing so, the officer must also have regard to clause 5.2.1 of this Procedure. 8.7. Where the Responsible Officer (or, where relevant, the Team Manager – Regulatory or Supervisor) forms a reasonable suspicion that the matter/s the subject of the Disclosure involve corruption in public administration, or serious or systemic misconduct or maladministration in public administration, the officer
Note: Electronic version in Council’s EDRMS is the controlled version. Printed copies are considered uncontrolled. Before using a printed copy, verify that it is the current version. 14
Ordinary Council Meeting 102 of 204 26 August 2019
must comply with his/her reporting obligations under the ICAC Act in accordance with the ICAC Directions and Guidelines. 8.8. Where the Responsible Officer (or, where relevant, the Team Manager – Regulatory or Supervisor) determines the Disclosure warrants referral to an external body or another Relevant Authority, the Responsible Officer will undertake the referral, including ensuring that such information as is necessary to enable action to be taken is communicated to the most appropriate person or relevant authority to take that action. Where the Preliminary Assessment is being undertaken by the Team Manager – Regulatory or Supervisor, the officer will include this recommendation in his/her report to the Responsible Officer for the Responsible Officer to action. 8.9. Where the: 8.9.1. Responsible Officer determines the Disclosure warrants further investigation, the Responsible Officer will refer the matter for investigation in accordance with the Council’s usual procedure for handling Disclosures of that kind (for example, Council’s Complaints Handling Procedure under Council Members’ Code of Conduct or Employee Grievance Resolution Procedure). Where the Preliminary Assessment is being undertaken by the Supervisor, the Supervisor will include this recommendation in his/her report to the Responsible Officer for the Responsible Officer to action. 8.9.2. Team Manager – Regulatory determines the Disclosure warrants further investigation the officer will refer the matter for investigation by an appropriate Authorised Officer of the Council in accordance with the Council’s ordinary investigative procedures for dealing with Regulatory Activities. 8.10. Where the Responsible Officer determines the Disclosure requires any other action to ensure the matter the subject of the Disclosure is properly addressed, the Responsible Officer will include in his/her determination details of that other recommended action. Where the Preliminary Assessment is being undertaken by the Supervisor, the Supervisor will include this recommendation in his/her report to the Responsible Officer for the Responsible Officer to action.
Note: Electronic version in Council’s EDRMS is the controlled version. Printed copies are considered uncontrolled. Before using a printed copy, verify that it is the current version. 15
Ordinary Council Meeting 103 of 204 26 August 2019
9. Notification of Preliminary Assessment 9.1. So long as the identity of the Informant is known to the Responsible Officer or is reasonably ascertainable, the Responsible Officer will notify the Informant of the outcome of his/her determination (or Team Manager – Regulatory or Supervisor’s determination) in writing as soon as is reasonably practicable after the Preliminary Assessment has been made, and in any event within 30 days of receipt of the Disclosure. In doing so, the Responsible Officer must advise the Informant of: 9.1.1. any action that has been, or will be, taken in relation to the Disclosure; or 9.1.2. if no action is being taken in relation to the Disclosure, the reason/s why. 9.2. If the Responsible Officer fails to notify the Informant in accordance with clause 9.1 above, the Informant may be entitled to protection in relation to any subsequent Disclosure of that information to a journalist or member of Parliament in accordance with the PID Act. 9.3. If the Informant is dissatisfied with the Responsible Officer’s determination, it is open to him/her to report the Disclosure to another Relevant Authority external to the Council. 9.4. As soon as reasonably practicable following the Preliminary Assessment and notification to the Informant, the Responsible Officer must use the dedicated online notification form at icac.sa.gov.au to notify OPI of the Disclosure (Initial Notification), and in doing so must ensure that the details required by the PID Guidelines are included in the Initial Notification. 9.5. The Responsible Officer will retain the unique reference number issued by the OPI upon making the Initial Notification, and will ensure that reference number is provided to any other person or authority to whom the Disclosure is referred. 9.6. If a Council member, officer or employee of the Council was the original recipient of the Disclosure, the Responsible Officer will: 9.6.1. provide confirmation to that person that the Informant has been notified under clause 9.1, as soon as practicable after that notification has occurred; 9.6.2. provide confirmation to that person that OPI has been notified under clause 9.4, as soon as practicable after that notification has occurred; 9.6.3. provide that person with the unique reference number issued by the OPI.
Note: Electronic version in Council’s EDRMS is the controlled version. Printed copies are considered uncontrolled. Before using a printed copy, verify that it is the current version. 16
Ordinary Council Meeting 104 of 204 26 August 2019
10. Investigation Procedure 10.1. Where the officer determines, following a Preliminary Assessment, that a Disclosure warrants an investigation in accordance with the relevant Council procedure for investigating a Disclosure of that kind, that procedure applies. 10.2. Upon finalising an investigation, the person undertaking the investigation in accordance with Council’s procedure will prepare a report to the Responsible Officer that will contain the following details: 10.2.1. the allegation(s); 10.2.2. the conclusions reached and the basis for them; and 10.2.3. the action taken in accordance with Council’s procedure for dealing with a Disclosure of that kind. 10.3. Any report prepared in accordance with this Part will not disclose particulars that will or are likely to lead to the identification of the Informant, unless the circumstances in clause 5.2 of this Procedure apply.
11. Notification of Further Action 11.1. So long as the identity of the Informant is known to the Responsible Officer or is reasonably ascertainable, the Responsible Officer will notify the Informant of the outcome of any further action taken under this Procedure in writing as soon as is reasonably practicable after the further action has been taken and, in any event, within either: 11.1.1. 90 days of receipt of the Disclosure; or 11.1.2. such longer period as may be specified by written notice given by the Responsible Officer within that 90 day period. 11.2. In doing so the Responsible Officer must advise the Informant of: 11.2.1. any action that has been, or will be, taken in relation to the Disclosure; or 11.2.2. if no action is being taken in relation to the Disclosure, the reason/s why. 11.3. If the Responsible Officer fails to notify the Informant in accordance with clauses 11.1 and 11.2 above, the Informant may be entitled to protection in relation to any subsequent Disclosure of that information to a journalist or member of Parliament in accordance with the PID Act. 11.4. If the Informant is dissatisfied with the Responsible Officer’s determination or the action taken it is open to him/her to report the Disclosure to another Relevant Authority external to the Council. 11.5. As soon as reasonably practicable following the Preliminary Assessment and notification to the Informant, the Responsible Officer must use the dedicated online notification form at icac.sa.gov.au to notify OPI of the action taken in
Note: Electronic version in Council’s EDRMS is the controlled version. Printed copies are considered uncontrolled. Before using a printed copy, verify that it is the current version. 17
Ordinary Council Meeting 105 of 204 26 August 2019
relation to the Disclosure (Further Notification) and, in doing so, must ensure that the details required by the PID Guidelines are included in the Further Notification. 11.6. If the Disclosure came to the Council by way of a referral from a Minister, the Responsible Officer must ensure that the Minister is also notified of the action taken in relation to the Disclosure, and the outcome of any such action. The Minister should be notified in accordance with this clause following the Preliminary Assessment if the Responsible Officer determines that no action is to be taken.
12. Final Report 12.1. Upon finalising any action required in relation to a Disclosure, the Responsible Officer must prepare a report that will contain the following details: 12.1.1. the subject of the Disclosure; 12.1.2. an account of the steps taken by the Responsible Officer in accordance with this Procedure, including, where appropriate, enclosing a copy of any report received under clause 10.2; 12.1.3. the action taken in accordance with Council’s procedure for dealing with Disclosures of that kind; and 12.1.4. any recommendations arising from the conclusions, including any remedial action which should be taken by the Council (separately from the action already taken under Council’s procedure for dealing with a Disclosure of that kind). 12.2. Any report prepared in accordance with this Part will not disclose particulars that will or are likely to lead to the identification of the Informant, unless the circumstances in clause 5.2 of this Procedure apply. 12.3. The Responsible Officer's Report must be provided to the Chief Executive Officer to action as he/she considers appropriate. 12.4. As a matter of discretion, the Chief Executive Officer may inform the elected body, on a confidential basis, of the fact that an investigation of a Disclosure took place and the outcome of the investigation.
Note: Electronic version in Council’s EDRMS is the controlled version. Printed copies are considered uncontrolled. Before using a printed copy, verify that it is the current version. 18
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13. Secure Handling and Storage of Information 13.1. The Responsible Officer must ensure accurate records of Disclosures are securely and confidentially maintained including notes of all discussions, phone calls, and interviews. 13.2. Each Responsible Officer will be provided with the following: 13.2.1. telephone line and email address which is only accessible to that particular Responsible Officer and, to the minimum extent necessary, information technology staff; 13.2.2. a directory on the Council’s computer systems which is only accessible to that particular Responsible Officer and, to the minimum extent necessary, information technology staff; 13.2.3. a lockable compartment or compartments at Council offices which is only accessible by that particular Responsible Officer; and 13.2.4. such other facilities as determined by the Principal Officer. 13.3. The Responsible Officer (and/or Supervisor, Team Manager – Regulatory, person undertaking an investigation under a Council procedure or Authorised Officer as the case may be) will: 13.3.1. ensure all information relating to Disclosure is maintained as confidential and as such, will be responsible for the secure storage of this information; 13.3.2. in performing his/her duties, maintain a confidential file of information (including written documents, disks, tapes, film or other objects that contain information) that relates to a Disclosure and/or is a product of the associated investigation/reporting process. All such information will be recorded in a register which is to remain confidential and be securely stored. 13.4. In the event that a person’s appointment as a with the Council is terminated, the person must provide all necessary information, keys, passwords and other credentials to the newly-appointed officer and having done so will continue to be bound by a duty of confidentiality in respect of an Informant's identity and the information received as a result of any Disclosure.
Note: Electronic version in Council’s EDRMS is the controlled version. Printed copies are considered uncontrolled. Before using a printed copy, verify that it is the current version. 19
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14. Protection for the Informant 14.1. An Informant who makes a Disclosure will be protected by: 14.1.1. immunity from criminal or civil liability; 14.1.2. a prohibition on Disclosure of his/her identity, other than in limited specific circumstances; 14.1.3. a prohibition against Victimisation; and 14.1.4. a prohibition against hindering, obstructing or preventing an Informant from making a Disclosure. 14.2. The PID Act does not provide any protection to people who knowingly make disclosures that are false or misleading in a material particular (whether by reason of the inclusion or omission of a particular). 14.3. A person who knowingly makes a Disclosure that is false or misleading in a material particular is guilty of an offence and may be prosecuted. 14.4. The Council will take action as appropriate in the circumstances of the relevant Disclosure/s to protect Informants from Victimisation, and/or from being hindered or obstructed in making a Disclosure. The Council will also take action to protect other persons, including persons against whom allegations are made in a Disclosure, from undue detriment because of a Disclosure. 14.5. If any person covered by this Procedure forms the view that a person may be or has been the subject of victimisation or detriment on the basis of a Disclosure, they must immediately raise this directly with the relevant Responsible Officer dealing with the matter (or, if there is not yet any Responsible Officer dealing with the matter, any Responsible Officer) who will assess the matter and how to most appropriately minimise any detriment. 14.6. Action to minimise detriment may include, among other things, any of the following: 14.6.1. talking or writing to any affected parties; 14.6.2. referring the matter to the Principal Officer for proposed reassigning of work tasks or other human resources adjustments; 14.6.3. referring the matter to the SA Police or other appropriate law enforcement body; 14.6.4. disciplinary action by the Council or the Chief Executive Officer (as appropriate) for any failure to act otherwise than in accordance with this Procedure or the PID Act (including with respect to divulging the identity of an Informant) in relation to a Disclosure.
Note: Electronic version in Council’s EDRMS is the controlled version. Printed copies are considered uncontrolled. Before using a printed copy, verify that it is the current version. 20
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15. Related Documents Code of Conduct for Council Members Complaints Handling Policy Complaints Handling Procedure Under Council Members’ Code of Conduct Employee Grievance Resolution Procedure Human Resource Management Policy Internal Review of Council Decisions Policy Internal Review of Council Decisions Procedure
16. Records Management All documents relating to this Procedure will be registered in Council’s Electronic Document Records Management System and remain confidential where identified.
17. Document Review This Procedure will be reviewed every two (2) years.
18. References Independent Commissioner Against Corruption Act 2012 ICAC Directions and Guidelines Local Government Act 1999 Public Interest Disclosure Act 2018 PID Guidelines Public Interest Disclosure Regulations 2019
19. Further Information and Availability of the Procedure This Procedure will be available free of charge for inspection at Council's Offices during ordinary business hours and via Council's website www.apc.sa.gov.au. Copies will also be provided to the public upon request and upon payment of a fee in accordance with Council's Schedule of Fees and Charges. Any queries in relation to this Procedure must be in writing and directed to the General Manager – Governance and Executive Office.
Note: Electronic version in Council’s EDRMS is the controlled version. Printed copies are considered uncontrolled. Before using a printed copy, verify that it is the current version. 21
Ordinary Council Meeting 109 of 204 26 August 2019 14.4 Policy Revocation – Whistleblowers Policy
Department: Governance and Executive Office
Report Author: Governance Officer
Date: 26 August 2019 Document Ref: D19/42617
OVERVIEW
The purpose of this report is for Council to formally revoke its Whistleblowers Policy. As outlined in Agenda Item 14.4 – Policy Introduction – Public Interest Disclosure Procedure, the Public Interest Disclosure Act 2018 came into effect on 1 July 2019 and repealed the Whistleblowers Protection Act 1993. In order to ensure that accurate information and advice is provided to the community, and in consideration of the Whistleblowers Protection Act being repealed, the Chief Executive Officer instructed that the Whistleblowers Policy be removed from Council’s website on 1 July 2019. It is now timely, and indeed necessary, for Council to formally revoke its Whistleblowers Policy to ensure consistency and compliance with current legislation.
RECOMMENDATION
“that Council, having considered Item 14.4 – Policy Revocation – Whistleblowers Policy, dated 26 August 2019, receives and notes the report and, in consideration of the Whistleblowers Protection Act 1993 being repealed, revokes Council’s Whistleblowers Policy.”
BUDGET IMPACT
Estimated Cost: Nil
Future ongoing operating costs: Nil
Is this Budgeted? N/A
RISK ASSESSMENT
Council’s policy framework should reflect current legislation, to ensure that Council Members, staff and indeed the community are provided with accurate and relevant guidance.
Ordinary Council Meeting 110 of 204 26 August 2019 ______
Attachments Nil
References
Legislation
Local Government Act 1999 (SA) Public Interest Disclosure Act 2018 Whistleblowers Protection Act 1993 (repealed)
Council Policies/Plans
Nil
Ordinary Council Meeting 111 of 204 26 August 2019 14.5 Strategic Plan 2020-2024 – Brief for Consultancy Services
Department: Development and Community
Report Author: Planning Policy Officer
Date: 26 August 2019 Document Ref: D19/40828
EXECUTIVE SUMMARY
Council’s current Strategic Plan covers a period of four years from 2017 - 2020. Section 122(4)(b) of the Local Government Act 1999 requires Council to review its Strategic Plan within two years of a general election of the Council. In November 2018, a new four year term of Council commenced and it is therefore prudent for Council to begin a review of its current Strategic Plan, for completion by mid-2020. Management has prepared a draft project brief to appoint the services of a suitable consultant via a competitive tender process to develop the Adelaide Plains Council Strategic Plan 2020- 2024.
RECOMMENDATION
“that Council, having considered Item 14.5 – Strategic Plan 2020-2024 – Brief for Consultancy Services, dated 26 August 2019, receives and notes the report and in doing so authorises the Chief Executive Officer to undertake a competitive tender process to appoint a suitably qualified consultant to prepare Council’s Strategic Plan for 2020-2024.”
BUDGET IMPACT
Estimated Cost: Subject to tender - an amount of $35,000 has been allocated in the 2019/2020 budget. Future ongoing operating costs: Nil Is this Budgeted? Yes
RISK ASSESSMENT
Completing the review of the 2017-2020 Strategic Plan will ensure that Council continues to identify current and best practice strategies when considering its natural and built environments for 2020 – 2024. It will also ensure that the statutory requirements of the Local Government Act 1999 in relation to strategic management planning are adhered to.
Ordinary Council Meeting 112 of 204 26 August 2019 ______Attachments
1. Draft Strategic Plan 2020-2024 Brief for Consultancy Services
Ordinary Council Meeting 113 of 204 26 August 2019 DETAILED REPORT
Purpose
The purpose of this report is for Council to consider the competitive tender process for appointing a suitably qualified consultant to prepare Council’s Strategic Plan for 2020-2024.
Background
A Strategic Plan is the framework that provides Council with the direction to guide its operations and service delivery. Supported by goals and strategic actions, the Strategic Plan defines the outcomes Council intends to achieve over a four year period to meet the community’s aspirations and vision for the future.
Council’s current Strategic Plan covers a period of four years from 2017 - 2020. Section 122(4)(b) of the Local Government Act 1999 requires Council to review its Strategic Plan within two years of a general election of the Council. In November 2018, a new four year term of Council commenced and it is therefore prudent for Council to begin a review of its current Strategic Plan, for completion by mid- 2020.
Discussion
It is imperative that Council has a clear and comprehensive planning document that describes the organisation's priorities, provides focus for Council's direction and heightens the organisation's efforts in response to the future economic and social challenges that face the Adelaide Plains community. The Strategic Plan must also incorporate the social and environmental programs that are essential to the region’s long term sustainability.
Management has prepared a draft project brief to appoint the services of a suitable consultant to undertake a comprehensive review of the current Strategic Plan, to prepare and implement a consultation program with relevant stakeholders, and to develop the Adelaide Plains Council Strategic Plan 2020-2024.
The consultant will be appointed via a competitive tender process in accordance with Council’s Procurement Policy and it is anticipated that the successful consultant will be appointed in late September. This timeframe will enable the consultant to present at the Elected Members’ workshop on 17 and 18 October 2019.
Conclusion
Developing the 2020-2024 Strategic Plan will demonstrate to the community Council’s commitment to identifying current and future community based priorities and services in the development of its Strategic and Long Term Financial Plans as well as ensuring acceptable and effective levels of services are provided and monitored across the organisation.
Ordinary Council Meeting 114 of 204 26 August 2019
References
Legislation
Local Government Act 1999
Council Policies/Plans
Procurement Policy
Ordinary Council Meeting 115 of 204 26 August 2019 Attachment 1 to 14.5
Brief for Consultancy Services
Adelaide Plains Council Strategic Plan 2020 - 2024
Tender Number: Q07-19/20
August 2019
Ordinary Council Meeting 116 of 204 26 August 2019 Adelaide Plains Council Strategic Plan 2020 - 2024
INTRODUCTION
A Strategic Plan is the framework that provides Council with the direction to guide its operations and service delivery. Supported by goals and strategic actions, the Strategic Plan defines the outcomes Council intends to achieve over a four year period to meet the community’s aspirations and vision for the future.
Councils current Strategic Plan covers a period of four years from 2017 - 2020. Section 122(4)(b) of the Local Government Act 1999 requires Council to review its Strategic Plan within two years of a general election of the Council. In November 2018, a new four year term of Council commenced and it is therefore Council’s intention to commence a review of its current Strategic Plan, for completion by mid-2020.
Adelaide Plains Council is seeking the services of a suitable consultant / consultant team to undertake a comprehensive review of the current Strategic Plan, to prepare and implement a consultation program with relevant stakeholders, and to develop the Adelaide Plains Council Strategic Plan 2020-2024.
PROJECT BACKGROUND
Adelaide Plains Council is located approximately 40 kilometres north of the Adelaide CBD and covers an area of 926 km2. The main urban centres are the townships of Two Wells, Mallala and Dublin, which provide essential community services and retail demand for the district. Agricultural and horticultural pursuits are the predominant land uses together with rural living activities such as horse keeping and dog kennelling.
There is considerable potential for the future growth and development of the district, including; The Hickinbotham ‘Eden’ and ‘Liberty’ developments in Two Wells of 3000-3500 dwellings that will accommodate between 8000 and 11,000 new residents. The Liberty development will also include a new birth to year 12 school. The projected population increases will necessitate the expansion of commercial and retail services within Two Well’s town centre, most notably through the opening up of Crown Land for development. The expansion of the horticultural industry through the Northern Adelaide Irrigation Scheme (NAIS) and the extension of the Virginia Pipeline System (VPS) north of the Gawler River, vital to the long term economic sustainability of the northern Adelaide Plains. The development of the Dublin Urban Employment Zone. Tourism opportunities for the district’s coastal settlements as a result of the Adelaide International Bird Sanctuary.
It is imperative that Adelaide Plains Council has a clear and comprehensive planning document that describes the organisation's priorities, provides focus for Council's direction and heightens the organisation's efforts in response to the future economic and social challenges that face the Adelaide Plains community. The Strategic Plan must also incorporate the social and environmental programs that are essential to the region’s long term sustainability.
Ordinary Council Meeting 117 of 204 26 August 2019 Adelaide Plains Council Strategic Plan 2020 - 2024
SCOPE OF SERVICES
The Scope of the works will involve:
A review of the Adelaide Plains Council Strategic Plan 2017 – 2020 A review of relevant state government strategic documents to identify opportunities for Adelaide Plains Council A review of current Council strategies, plans, studies and programs to identify necessary inclusions into the Strategic Plan The identification of key stakeholders and the development and implementation of a Community Engagement and Consultation Plan Planning and facilitation of engagement and consultation with Elected Members and the community to assist with the derivation of Council strategies, objectives, targets and key projects The identification of potential funding opportunities, partnerships and the development of external relationships to facilitate the economic development of the Adelaide Plains region Arrange all documentation for agency and public consultation and all advertising materials required for consultation, in accordance with Council’s Style Guide Prepare a draft Strategic Plan for community and agency consultation Attend the public hearing to ascertain agency and public feedback on the draft Strategic Plan Review submissions and produce the summary of submissions table Prepare a Final Draft for submission to the Council for endorsement
PROJECT PHASES
Phase 1: Project Start Up
Award consultancy contract (Output: Signed consultancy contract)
Project start-up meeting (Output: Confirmed project plan including defined key activities, timeframes and deliverables)
Data collection and initial analysis, including consultation with key Council staff and Elected Members (Output: Presentation to Elected Members on 17/18 October 2019 in Gawler)
Phase 2: Review of key State and Council strategic documents (Output: Issues and Opportunities Paper)
Phase 3: Community Engagement and Consultation Plan Identification of key stakeholders and preparation of a Community Engagement and Consultation Plan detailing methods and media to be utilised.
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(Output: Community Engagement and Consultation Plan)
Phase 4: Implementation of the Community Engagement and Consultation Plan (Output: Plan dependent – may comprise surveys, workshops etc.)
Phase 5: Development of the draft Adelaide Plains Strategic Plan 2020 – 2024 (Output: draft Adelaide Plains Strategic Plan 2020 – 2024)
Phase 6: Council presentation and endorsement of the draft Adelaide Plains Strategic Plan 2020 – 2024 (Output: Council presentation)
Phase 7: Public and Agency Consultation
Phase 8: Finalisation of Adelaide Plains Strategic Plan 2020 – 2024
PROJECT TIMETABLE
October 2019 – Completion of Phase 1
November 2019 – Completion of Phases 2 and 3
February 2019 – Completion of Phase 4
May 2019 – Completion of Phases 5 - 7
June 2020 – Phase 8
REFERENCE MATERIAL
Including, but not limited to:
2017 – 2020 Strategic Plan
Regional Public Health and Wellbeing Plan (with other adjoining councils)
Planning studies and major development proposals
Adelaide Plains Council Disability Access & Inclusion Plan (June 2018)
Barossa Light and Lower North Regional Disability Access and Inclusion Plan (June 2018)
PROJECT TEAM
Primary – General Manager, Development & Community + Executive Management Team/CEO
Secondary – Planning Policy Officer and Economic Development Officer
(with appropriate engagement with the Mayor, Elected Members and community)
Ordinary Council Meeting 119 of 204 26 August 2019 Adelaide Plains Council Strategic Plan 2020 - 2024
PROJECT COMPLETION
The project is to be completed by June 2020
SELECTION PROCESS
The project is being offered to four (4) consultants.
Short-listed consultants may be interviewed if necessary.
The successful consultant will be advised no later than 30 September 2019.
Unsuccessful consultants will be notified in writing and, upon request, provided with feedback regarding their submission.
Submissions will remain valid for a period of sixty (60) days from the closing date.
SELECTION CRITERIA
Submissions shall be assessed on: Strong community consultation and motivational skills Sound knowledge of key state and federal drivers Understanding and knowledge of the Adelaide Plains Council area and its opportunities for future growth and development Demonstrated capacity, skills and project management to undertake the project specified, team profile and time commitment of each team member Proposed methodology/ approach Ability to complete the project within the agreed timeframes Value for money Other Adelaide Plains Council standard requirements
SUBMISSION REQUIREMENTS
The consultant should provide the following details in the submission:
An outline of the proposed methodology to undertake the project, based on the Scope of Services.
Personnel to be involved, their relevant expertise and experience, and the components of the project to which personnel will be allocated.
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A GST exclusive lump sum project fee. The project fees should include all fees, disbursements, etc and show a breakdown of cost per task. Note: There is no obligation for Council to pay additional expenses, unless these are expressly agreed at the time of contracting the successful consultant. Please also indicate your preferred staging for the payment of fees.
Hourly fee rates for work by the nominated personnel, where additional work on an 'as needs' basis is required.
Details of relevant insurances and registrations, including Public Liability insurance ($20 million minimum) and Professional Indemnity insurance ($2 million minimum) and relevant WorkCover.
The submission should specifically address the selection criteria.
NON-CONFORMING SUBMISSIONS Council will consider non-conforming submissions where it can demonstrate that: a. the submission will be more cost effective without jeopardising the desired outcomes and levels of service; and, b. the rights and interests of both parties are protected; or c. superior levels of service can be achieved while conforming with a) and b) above. Consultants who seek to reduce costs by compromising worker health and safety, service, or other factors which would reduce the rights or interests of Council, will be deemed to be non-conforming and may be excluded.
CONDITIONS OF ENGAGEMENT
The project will be carried out generally in accordance with the provisions of the Local Government Association Mutual Liability Scheme's General Conditions of Contract for Consultant Engagement. The consultant must comply with the Work Health and Safety Act 2012 (SA) and its Regulations, Australians Standards, Codes of Practice and Adelaide Plains Council’s Policies and Safe Operating Procedures. In addition, the consultant shall be bound by the same Work Health and Safety policy that governs the conduct of employees of the Council, and shall have previously been supplied to the consultants.
CONFIDENTIAL INFORMATION AND FREEDOM OF INFORMATION
The Council is an ‘agency’ for the purposes of the Freedom of Information (FOI) Act 1991 (SA) which means that any information received, held, stored or created by the Council may be accessible pursuant to an FOI application made by a member of the public. Consultants will note that in providing information to Council, the Council could be required to disclose some, or all, of that information pursuant to an FOI application received, subject to any applicable disclosure exemptions under the FOI Act. The Council will treat as confidential information provided by Consultants prior to the award of a contract. However, subject to any other condition to the contrary, once the contract has been
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awarded, (whether or not you are the successful consultant) the Council will not keep such information confidential unless: the Consultants request that specific information will be kept confidential the specific information is, by nature, confidential, and the Council agrees to that request. Note: Council cannot provide an absolute guarantee that the information the consultants provide as confidential will not be disclosed where it is the subject of an FOI application as the Council is bound by the operation of the FOI Act and the objectives that Act seeks to achieve.
FURTHER INFORMATION
Any enquiries regarding the content or interpretation of this tender should be referred to:
Rob Veitch General Manager, Development and Community Development and Community Ph: 08 8527 0200 Mob: 0429 580 090 Email: [email protected]
SUBMISSION DETAILS
Hardcopy submissions should be forwarded to:
Tender No. Q07-19/20 Strategic Plan Adelaide Plains Council Confidential Tender Box 2a Wasleys Road Mallala, SA 5502
Email submissions must contain the subject line: CONFIDENTIAL - Tender No. Q07-19/20 - Strategic Plan 2020-2024 and be sent to: [email protected]
CLOSING DATE
4.30pm on Monday 16 September 2019
Ordinary Council Meeting 122 of 204 26 August 2019 14.6 Wasleys Road Bridge – Maintenance
Department: Infrastructure and Environment
General Manager – Report Author: Infrastructure and Environment
Date: 26 August 2019 Document Ref: D19/42537
EXECUTIVE SUMMARY
The purpose of this report is, in accordance with 2017/003, to provide Members with an update on an option available before considering consultation in relation to either closure or reduced load limit/local traffic only on Wasleys Road Bridge. The short term maintenance on Wasleys Road Bridge is estimated to be $25,000 and will be undertaken in 2019/20. The longer term maintenance on Wasleys Road Bridge is estimated to be $95,000 and should be considered in 2019/20 as part of the Round Five - Department of Infrastructure, Regional Development and Cities – Bridges Renewal Program application. Due to the heritage significance of the Wasleys Road Bridge, Council should consider ways of extending the bridges life for as long as possible. As such it is considered that the safest and most cost effective option is option four (4) of Mace Engineering Report. Regular inspections of this bridge are undertaken to ensure there is no further degradation from normal traffic flows or extreme weather events. It is recommended that Council consider applying for Round Five - Department of Infrastructure, Regional Development and Cities – Bridges Renewal Program for Wasleys Road Bridge and defer consultation in relation to either closure or reduced load limit/local traffic only on Wasleys Bridge until an outcome is received.
RECOMMENDATION
“that Council, having considered Item 14.6 – Wasleys Road Bridge - Maintenance, dated 26 August 2019, receives and notes the report and in doing so:-
1. Endorses the Wasleys Road Bridge for grant funding through Round 5 – Department of Infrastructure, Regional Development and Cities – Bridges Renewal Program;
2. Endorses that Council’s contribution for Wasleys Road Bridge be supported in a budget revision subject to an offer from external funding source; and
3. Defer consultation in relation to either closure or reduced load limit/local traffic only on Wasleys Road Bridge until Round Five - Department of Infrastructure, Regional Development and Cities – Bridges Renewal Program outcome is received.”
Ordinary Council Meeting 123 of 204 26 August 2019 BUDGET IMPACT
Estimated Cost: $95,000 (estimated cost)
Future ongoing operating costs: Unknown
Is this Budgeted? No (Budget items for 2019-2020 onwards, 50% Council contribution if Round Five - Department of Infrastructure, Regional Development and Cities – Bridges Renewal Program application is successful)
RISK ASSESSMENT
Accelerated deterioration of bridge structure if no maintenance is carried out. Closure of the bridge structure in the longer term is plausible for public safety.
______Attachments
1. Mace Engineering report – Wasleys Road Bridge
Ordinary Council Meeting 124 of 204 26 August 2019 DETAILED REPORT
Purpose
The purpose of this report is, in accordance with 2017/003, to provide Members with an update on an option available before considering consultation in relation to either closure or reduced load limit/local traffic only on Wasleys Road Bridge.
Background/History
Wasleys Road Bridge is located on Wasleys Road over the River Light at Redbanks approximately five kilometres east of Mallala. The bridge is State Heritage listed, designed in 1913 and constructed soon afterwards and is therefore just over 100 years old.
The structure is a single span steel arch with a reinforced concrete deck. The span is 30.5 metres with a kerb to kerb width of 6.4 metres. The abutments and wingwalls each end are reinforced concrete. In April 2013, Council endorsed the lowering of the load limit on Wasleys Road Bridge to 12 Tonne as this is the design threshold limit recommended through a detailed report requested by Light Regional Council and prepared by Kellogg Brown and Root Consulting Engineers in July 2011 (KBR). This document also provided a detailed recommendation for maintenance repairs that will be required over the life of this asset. Management in July 2016 engaged Council’s consulting engineer Mace Engineering Services to review the detailed condition assessment report for the Wasleys Road Bridge prepared by a KBR. Mace Engineering Services report (Attachment 1) investigates the condition of the Wasleys Bridge in 2016 comparative to the previous condition assessment completed in 2011. Council, at its Ordinary Meeting on 16 January 2017, resolved;
Independent Structural Report – Recommendations for Wasleys Bridge 4.1 Maintenance Moved Cr Strudwicke Seconded Cr Keen 2017/ 003 “that Council, having considered Item 17.4 – Independent Structural Report - Recommendations for Wasleys Bridge Maintenance, dated 19 December 2016, undertake consultation in relation to either closure or reduced load limit/local traffic only on Wasleys Bridge and that management bring a subsequent report back to Council for consideration.” CARRIED
Ordinary Council Meeting 125 of 204 26 August 2019 Discussion
Expenditure
The report provides critical defects maintenance recommendations required over the next 5 years to ensure the bridge is maintained to prolong the life, public safety and to reduce the risk of closing the bridge until major expensive works are carried out. The recommendations from the consulting Engineers, and from a risk management perspective is to support option four (4) from the Mace Engineering Report.
The cost of this option would total approximately $120,000. The short term maintenance on Wasleys Road Bridge is estimated to be $25,000 and will be undertaken in 2019/20. The longer term maintenance on Wasleys Road Bridge is estimated to be $95,000 and should be considered in 2019/20 as part of the Round Five - Department of Infrastructure, Regional Development and Cities – Bridges Renewal Program application.
Stage one (1) - Short term works include: Scouring Protection to the underside embankment and removal of debris from the bridge and waterway. Cleaning of all steel girders and repair of the webbing. Installation of closing plates for the girders to protect from debris build up. Stage two (2) - Longer term works include: Repairs to the underside of the concrete decking Due to the heritage significance of the Wasleys Road Bridge, Council should consider ways of prolong the life of the bridge. As such it is considered that the safest and most cost effective way is option four (4) of Mace Engineering Report. Regular inspections of this bridge are undertaken to ensure there is no further degradation from normal traffic flows or extreme weather events.
Consultation
If the funding application is successful, the need to undertake consultation in relation to either closure or reduced load limit/local traffic only would not need to occur. However if unsuccessful and given the nearby alternative routes available and heritage component, an option is to close the bridge to vehicular traffic. This is expected to have minimal impact on the local community and commercial and agricultural businesses due to the existing load limit on the bridge. It would be prudent to undertake a comprehensive consultation process in the community to gain a better understanding of Wasleys Road Bridge utilisation.
Conclusion
It is recommended that Council consider applying for Round Five - Department of Infrastructure, Regional Development and Cities – Bridges Renewal Program for Wasleys Road Bridge and defer consultation in relation to either closure or reduced load limit/local traffic only on Wasleys Bridge until an outcome is received.
Ordinary Council Meeting 126 of 204 26 August 2019
References
Legislation
Local Government Act 1999
Council Policies/Plans
Funding Policy
Ordinary Council Meeting 127 of 204 26 August 2019 Attachment 1 to Item 14.6
WASLEYS BRIDGE OVER RIVER LIGHT AT REDBANKS FUTURE OPTIONS FOR BRIDGE STRUCTURE FOR DISTRICT COUNCIL OF MALLALA
1. BACKGROUND
Wasleys Bridge is located on Wasleys Road over the River Light at Redbanks approximately five kilometres east of Mallala. The bridge is State Heritage listed, designed in 1913 and constructed soon afterwards and is therefore just over 100 years old.
The structure is a single span steel arch with a reinforced concrete deck. The span is 30.5 metres with a kerb to kerb width of 6.4 metres. The abutments and wingwalls each end are reinforced concrete.
Light Regional Council has previously provided District Council of Mallala a detailed condition assessment report for the bridge structure prepared by KBR Consulting Engineers in July 2011. This report followed the most recent large flood event of the River Light on 20th December, 2010 when water level reached the deck level of the bridge.
The KBR report recommended that there was the need to undertake a certain amount of maintenance work within two years of the report to achieve an assessed reconstruction date of 2025 and further maintenance within six years to increase the assessed reconstructon date to 2045. The report also recommended that a 12 tonne load limit be placed on the structure.
Mace Engineering Services Pty Ltd Page 1
Ordinary Council Meeting 128 of 204 26 August 2019
Photo 1 –Upstream elevation of bridge from Mallala abutment
As a result of Council receiving the KBR report, a summary was presented to the Council meeting on 23rd April, 2013. The summary detailed the recommended repairs to the structure and that the recommended load limit of 12 tonnes be introduced. The recommendation resulting from Council at the 23rd April, 2013 meeting was to place the 12 tonne load limit on the structure but there was no decision or commitment made on undertaking any maintenance work.
2. PRESENT BRIDGE CONDITION & REQUIRED REPAIRS
An inspection was undertaken of the bridge structure on 26th July, 2016 with Mr Thomas Jones, Council’s Strategic Infrastructure Co-Ordinator. This inspection was just over five years after the KBR inspection was undertaken on 29th March, 2011. During this five year period there have not been any large storm events where the water level reached the level of the bridge structure. The 12 tonne load limit placed after the April, 2013 Council meeting was still in place.
Mace Engineering Services Pty Ltd Page 2
Ordinary Council Meeting 129 of 204 26 August 2019 The inspection highlighted that there had not been any obvious changes in the condition of the bridge structure over the five year period.
As highlighted with the KBR report the critical defect on the bridge is the corrosion of the outer web of the outside girders which in a number of localised areas has caused corrosion through the full depth of the web. This corrosion is due to the girders being open at the top and debris building up over time inside of the girders and becoming concentrated at the vertical channel locations. This build up causes moist conditions and in combination with the loss of protective coating on the outside and inside face of the web, increases the rate of corrosion. The open nature of the girders and the lack of protective coating are relevant for all the girders and the defects witnessed on the outside girders can be expected to occur elsewhere throughout this girder and the other girders over time.
To alleviate this defect it is recommended that the build up debris inside all of the girders is cleaned out and removed and that the inside faces of the girders are blasted or pressure cleaned to remove all the laminar corrosion and loose material. At this stage the webs should be inspected to assess the sections of the girders with a web thickness of 6mm or less. Any areas of web identified as being 6mm thick or less are then required to be repaired in accordance with DTEI standard repair No. 14.
In addition, the large debris lodged within the bridge framing from the 2010 storm event and previous large storm events should be removed. These repairs as with the KBR report are required in the short term. The KBR report recommended that these repairs be undertaken by 2013 to achieve a reconstruction date of 2025.
Mace Engineering Services Pty Ltd Page 3
Ordinary Council Meeting 130 of 204 26 August 2019
Photo 2 –Build up of debris within the open topped girders holding moisture
Photo 3 –Corrosion through web where build up of debris has occurred
Mace Engineering Services Pty Ltd Page 4
Ordinary Council Meeting 131 of 204 26 August 2019
Photo 4 – Large debris lodged in the bridge framing
As with the KBR report, it is agreed that to achieve a long term life of the bridge and virtually bring it back to its original condition there is a need to repair the protective coating of the steelwork and to undertake the patch repair of the spalling concrete to the underside of the reinforced concrete deck.
The KBR recommendations from July, 2011 are as follows:-
• The existing condition of the protective coating to the steelwork is very varied throughout the bridge with a majority of the cross girders and the central girder in an adequate condition but at the other extreme the outer girders and some vertical channels are in poor condition with very limited protective coating remaining in place. It is recommended that the protective coating to all of the steelwork is repaired to stop the existing surface corrosion and pitting progressing to a loss of section defect which will directly affect the load carrying capacity of the bridge and the remaining life. The repair of the protective coating may mean the total repainting of some elements and the touching up of other elements.
Mace Engineering Services Pty Ltd Page 5
Ordinary Council Meeting 132 of 204 26 August 2019 • For the repairs to the underside of the deck it is recommended that the DTEI standard repair No. 1 be adopted to the affected areas. The effected areas are concentrated to the areas beyond the outer horizontal channels and also between the cross girders at the Wasleys end. If the spalling concrete between the cross girders is not repaired the areas of spalled concrete will increase in size exposing more of the reinforcement. The exposed reinforcement will then start to corrode and progress to section loss of the reinforcement which will directly affect the load carrying capacity of the bridge and the remaining life. At this moment in time it has been assessed that minimal section loss has occurred to the exposed reinforcement.
From the latest inspection and the lack of any obvious change in the existing protective coating on the steelwork and the extent of the spalled concrete on the underside of the deck, it is not considered that there is the same urgency to undertake all of this work. The spalling concrete is the major concern and although not obvious to the eye, the deck reinforcement is most likely deteriorating at a quicker rate than the girder steel.
Photo 5 – Spalled concrete on the underside of bridge deck showing the corroding reinforcement
Mace Engineering Services Pty Ltd Page 6
Ordinary Council Meeting 133 of 204 26 August 2019
Photo 6 – Deteriorated protective coating on major part of span with relatively light corrosion
3. TRAFFIC VOLUMES
Traffic counters were placed on the Mallala approach to Wasleys bridge between the 26th March, 2015 and 14th April, 2015. At the time of the counting, the 12 tonne load limit was in place.
This latest count shows that approximately 100 vehicles per day are crossing the bridge with approximately 3% over the 12 tonne limit. The previous count between 12th November, 2012 and 16th December, 2012 was prior to the 12 tonne load limit being in place and during the busier harvest period. This count showed approximately 150 vehicles per day with 24% of vehicles over the 12 tonne load limit.
The present traffic volume of 100 vehicles per day is relatively high for a council unsealed road and indicates that this section of road including the bridge forms an important part of Council’s road network.
Mace Engineering Services Pty Ltd Page 7
Ordinary Council Meeting 134 of 204 26 August 2019 4. OPTIONS FOR WASLEYS BRIDGE
It appears that Council has several options available for its future management of the State Heritage listed Wasleys Bridge. Although the bridge forms the boundary with Light Regional Council, the bridge has been declared an infrastructure asset owned by the District Council of Mallala. All maintenance work on the structure is therefore the full responsibility and cost to Council.
The options that are recommended for consideration for the future of Wasleys Bridge are:-
1. Close the bridge – this will create minimal cost for Council but will inconvenience the 100 vehicles per day that presently cross the bridge. There is an alternative, slightly longer route using Redbanks Road and Cheek Road which could be used.
2. Keep bridge open with no planned maintenance – Retain 12 tonne load limit, retain the existing philosophy of not undertaking any of the KBR recommended maintenance, inspect structure annually and only undertake maintenance work when there is an obvious deterioration in condition.
3. Keep bridge open with short term maintenance – Retain 12 tonne load limit, undertake KBR short term maintenance of cleaning out girders, high pressure clean girders, weld plates and clean large debris off structure. Ideally this work would be undertaken in 2016/17 or 2017/18. The estimated cost of this work is $25,000. In addition, an annual inspection of the deck spalling and girder corrosion would be undertaken to highlight any obvious deterioration in condition.
4. Keep bridge open with short and some longer term maintenance – Retain 12 tonne load limit, undertake KBR short term maintenance of cleaning out girders, high pressure clean girders, weld plates and clean large debris off structure. Ideally this work would be undertaken in 2016/17 or 2017/18. Also undertake the KBR longer term maintenance repair of the spalling deck in 2019/20. The estimated cost of this work totals $120,000 and includes $25,000 for the short term works and $95,000 for the deck works.
Mace Engineering Services Pty Ltd Page 8
Ordinary Council Meeting 135 of 204 26 August 2019 5. Keep bridge open with short term and longer term maintenance – Same as for Option 4 but with the KBR longer term protective coating of the steel girders. At this stage the corrosion of the girders is only shallow surface corrosion and therefore a new protective coating is considered to be more aesthetic than structural. The application of protective coating of the girders if proceeded with should be undertaken by 2024/25. The estimated cost of this work totals $235,000 and includes $25,000 for the short term works, $95,000 for the deck works and $115,000 for the protective coating of the girders.
5. CONCLUSIONS & RECOMMENDATIONS
Based on the inspection of the bridge structure undertaken on 26th July, 2016 the Wasleys Bridge structure is presently deteriorating at a very slow rate with no obvious change occurring over the past five years.
Although there are approximately 100 vehicles per day using this structure, there is a slightly longer alternate route available for vehicles travelling between Mallala and Wasleys. Council therefore needs to make a decision on whether to close this State Heritage listed structure, divert the relatively high number of users and save on the short and long term maintenance costs.
If Council decides to keep the structure open, it can continue with the present no maintenance approach of Option 1 but should ensure that regular inspections are undertaken to ensure that any deterioration in condition is noted.
From an engineering, asset management and risk management perspective the recommended action if the structure is kept open to traffic is Option 4 as the protective coating of the full structure is difficult to warrant at this stage. The cost of this option would total approximately $120,000 of maintenance work with the KBR short term work costing $25,000 be undertaken in 2016/17 or 2017/18 and the repair of the spalling deck be undertaken in 2019/20 costing $95,000.
Mace Engineering Services Pty Ltd Page 9
Ordinary Council Meeting 136 of 204 26 August 2019
Trevor K Mace MIEAust, CPEng DIRECTOR 3/08/16
Mace Engineering Services Pty Ltd Page 10
Ordinary Council Meeting 137 of 204 26 August 2019 14.7 Project Expenditures Carried Forward from 2018/2019 to 2019/2020
Department: Finance and Business
General Manager – Finance and Report Author: Business
Date: 26 August 2019 Document Ref: D19/41489
EXECUTIVE SUMMARY
The purpose of this report is for Council to consider a budget variation in 2019/2020 financial year to take into account projects that were budgeted for and not completed in the 2018/2019 financial year, and to endorse those projects being carried over to the 2019/2020 financial year; There are a total of 23 outstanding projects which were not completed in the 2018/2019 financial year:- 15 operating projects, with a budget of $739,131; and 8 capital projects, with a budget of $346,150. In relation to operating projects, it is relevant to note that a significant component of the aforementioned amount relates to Council’s contribution of $500,000 towards the roundabout on Mallala Road, Two Wells, which was included in the 2018/2019 budget. It is recommended that Council endorse a budget variation to take into account projects that were budgeted for and not completed in the 2018/2019 financial year, and endorse those projects being carried over to the 2019/2020 financial year.
RECOMMENDATION
1. “that Council, having considered Item 14.7 – Project Expenditures Carried Forward from 2018/2019 to 2019/2020, dated 26 August 2019, receives and notes the report and in doing so instructs the Chief Executive Officer to make necessary adjustments to the 2019/2020 Budget in order to carry forward the following projects which were budgeted for the 2018/2019 financial year:- Project Description Amount ($) Project Type Installation of Single Lane Roundabout in Two Wells 500,000 Operating SA Planning Transition Collaboration 50,000 Operating Relocation - AP Kennel & Obedience Club 50,000 Operating Legatus Group Regional Collaboration 30,000 Operating TW Stormwater Management Plan South Levee Design 30,000 Operating Relocation - TW Trotting Club 20,000 Operating
Ordinary Council Meeting 138 of 204 26 August 2019 Upgrade of Council's Electronic Record Management System 19,960 Operating Dublin Toilet Block - Septic Upgrade 10,000 Operating Allied Food Industries Land Supply Study & Northern Food Bowl Operating 6,758 Protection Areas DPA Northern Food Bowl Protection Development Plan Amendment 5,000 Operating Take 5 Safety Program & Smart Phones to Access the Program by Operating 5,000 Depot Outside Staff Two Wells Main Street Development 4,699 Operating Two Wells Library - Fans/Air Conditioning 3,000 Operating Review of By-Laws (Permits & Penalties/Local Govt. Operating 2,714 Land/Roads/Dogs/Moveable Signs) Two Wells Oval - Water Line upgrade 2,000 Operating Kerbing and Watertable Replacement - Drew Street 182,379 Capital Kerbing and Watertable Replacement - Old Mallala Rd from Capital 54,000 Noble Court to End Webb Beach Levees 25,000 Capital Mallala Museum - Upstairs ceiling 25,000 Capital Two Wells Cemetery - Cremation Wall 50 Plots 30,723 Capital Parham Camping Ground - Septic 19,000 Capital Trailer for Grave Digging Team to carry Shoring Equipment 7,138 Capital New Electric Whiteboard for Mallala Chamber 2,910 Capital ”
BUDGET IMPACT
Estimated Cost: The total value of projects to be carried over is $1,085,281 Future ongoing operating costs: Interest costs (yet to be determined) associated with Short-term borrowings required to fund carried forward projects.
Is this Budgeted? Budgeted in 2018/2019 financial year.
RISK ASSESSMENT
In the past, projects not completed during the preceding financial year were included in the following year budget, as part of First Budget Update report which is usually presented to November Council meeting. However, this will leave only seven (7) months in the current financial year to complete those prior year projects. Therefore, a resolution by the Council at its August 2019 meeting, to incorporate projects not completed in 2018/2019 Financial Year, in to the 2019/2020 budget will give extra three (3) months for the Council management to complete those projects. ______Attachments Nil
Ordinary Council Meeting 139 of 204 26 August 2019 DETAILED REPORT
Purpose
The purpose of this report is to provide a summary of projects that were earmarked for completion in 2018/2019 financial year, but not completed by 30 June 2019, hence requiring carry over to current financial year.
Background/History
Third Budget Update for 2018/2019 financial year that was presented to the May 2019 Council meeting, identified that $717,729 of operating projects and $305,379 capital projects will not be completed by 30 June 2019 and will be carried over to current financial year.
Discussion
Following operating and capital projects were not completed by 30 June 2019, requiring budgeted unspent funds to carry over to the current financial year in order to complete the proposed activities as part of 2019/2020 budget.
Table 1: Operating Projects Carried forward from 2018/2019
Project Description Amount 1) Installation of Single Lane Roundabout in Two Wells 500,000 2) SA Planning Transition Collaboration (Awaiting the implementation of new planning system). 50,000 3) Relocation - AP Kennel & Obedience Club (Funds allocated in 2018/2019 is not sufficient) 50,000 4) Legatus Group Regional Collaboration (Awaiting the implementation of new planning system). 30,000 5) TW Stormwater Management Plan South Levee Design (Stormwater Management Authority has approved matching funding of $30,000) 30,000 6) Relocation - TW Trotting Club (Funds allocated in 2018/2019 is not sufficient) 20,000 7) Upgrade of Council's Electronic Record Management System 19,960 8) Dublin Toilet Block - Septic Upgrade 10,000 9) Allied Food Industries Land Supply Study & Northern Food Bowl Protection Areas DPA 6,758 10) Northern Food Bowl Protection DPA 5,000 11) Take 5 Safety Program & Smart Phones to Access the Program by Depot Outside Staff 5,000 12) Two Wells Main Street Development 4,699 13) Two Wells Library - Fans/Air Conditioning 3,000 14) Review of By-Laws (Permits & Penalties/Local Govt. Land/Roads/Dogs/Moveable Signs) 2,714 15) Two Wells Oval - Water Line upgrade 2,000 Total Operating Project Carried Forward from 2018/2019 739,131
Ordinary Council Meeting 140 of 204 26 August 2019
Table 2: Capital Projects Carried forward from 2018/2019
Project Description Amount 1) Kerb and Watertable Replacement - Drew Street 182,379 2) Kerb and Watertable Replacement - Old Mallala Rd from Noble Court to End 54,000 3) Webb Beach Levees (Funds allocated in 2018/2019 is not sufficient) 25,000 4) Mallala Museum - Upstairs ceiling (Funds allocated in 2018/2019 is not sufficient) 25,000 5) Two Wells Cemetery - Cremation Wall 50 Plots 30,723 6) Parham Camping Ground – Septic (Funds allocated in 2018/2019 is not sufficient) 19,000 7) Trailer for Grave Digging Team to carry Shoring Equipment 7,138 8) New Electric Whiteboard for Mallala Chamber 2,910 Total Capital Project Carried Forward from 2018/2019 346,150
As identified in the tables above, total funding commitments due to projects carried over to current financial year is $1,085,281.
New short-term borrowings
By 30 June 2019, Council’s didn’t have any outstanding short-term borrowings. However, in order to deliver the carried forward projects identified in Table 1 and Table 2 in the current financial year, Council may be required to borrow additional short-term funding up to $1,085,281. However, actual timing and the quantum of the borrowings will be decided depending on the progress of operating and capital project program during the current year.
Conclusion
Inclusion of prior year projects not completed by 30 June 2019 in the current year budget recognises Council commitments to continue with those projects. Commitment by the Council to complete those prior year projects help the management to complete them before 30 June 2019.
References
Legislation
Nil
Council Policies/Plans
Budget Management Policy
Ordinary Council Meeting 141 of 204 26 August 2019 14.8 Provision of Waste Collection Free of Charge for Community Groups
Department: Finance and Business
General Manager – Finance and Report Author: Business
Date: 26 August 2019 Document Ref: D19/42670
EXECUTIVE SUMMARY
The purpose of this report is for Council to confirm which community groups will receive kerbside waste collection free of charge for the 2019/2020 financial year. Council has previously provided a free kerbside waste collection service in relation to 77 bins for use by community groups across the region. The approximate cost of providing this service is $10,000. The adopted, therefore, 2019/2020 Budget includes an allocation of $10,000 so that Council can continue to provide a free kerbside waste collection service to those groups. It is now for Council to consider, and confirm, which community groups it wishes to provide this service to, including how many bins will be collected for each group.
RECOMMENDATION
“that Council, having considered Item 14.8 – Provision of Waste Collection Free of Charge for Community Groups, dated 26 August 2019, receives and notes the report and in doing so instructs the Chief Executive Officer to waive the annual waste levy charge in relation to the following community groups for the 2019/2020 Financial Year:-
Weekly Fortnightly Property Description 240L 140L 240L 240L Waste Waste Recycle Organic Mallala Mallala Bowling Club, Joseph Street - 1 1 1 Institute, Dublin Road - 1 1 - Church – Wasleys Road - 1 1 - Mallala Oval Grandstand 4 - - - Mallala Oval - Secretary Building - RSL 3 - - - Catholic Church - 1 1 - Mallala CWA - 1 1 - Mallala Men’s Shed - 1 1 -
Ordinary Council Meeting 142 of 204 26 August 2019 Two Wells Bowling Club, Old Port Wakefield Road - 1 2 - RSL ,Old Port Wakefield Road - 1 1 - Community Centre 4 - - - Club Rooms 8 - - - Uniting Church - 1 1 - Catholic Church Society - Car Park - 1 1 - Two Wells Golf Club - 1 1 - Anglican Church - 1 1 - Two Wells Craft Shop - 1 1 -
Dublin Dublin Institute, First Street - 1 1 -
Thompson Beach The Shed, Ruskin Road - 1 1 -
Long Plains - - - - Long Plains Hall, 7 McArdle Terrace. - 1 1 - Long Plains Oval - Behind and in front of Club 10 Rooms Long Plains Oval - Netball Club Rooms 2
Parham Parham Sports and Social Club - 6 6 -
Total Community Bins 31 22 23 1
”
BUDGET IMPACT
Estimated Cost: $10,000
Future ongoing operating costs: Nil
Is this Budgeted? Yes
RISK ASSESSMENT
Nil
______Attachments Nil
Ordinary Council Meeting 143 of 204 26 August 2019 DETAILED REPORT
Purpose
The purpose of this report is for Council to confirm which community groups will receive kerbside waste collection free of charge for the 2019/2020 financial year.
Background/History
Council has previously provided a free kerbside waste collection service in relation to 77 bins for use by community groups across the region. Section 166 (1) (j) of the Local Government Act provides that a council may grant a rebate of rates or service charges “where the land is being used by an organisation which, in the opinion of the council, provides a benefit or service to the local community”.
Further, clause 4.5 of the Council’s Waste and Recycling Services Policy provides:-
4.5 Council owned properties and other premises
4.5.1 Council may deliver, at its discretion, any kerbside collection services to groups or organisations for activities that demonstrate that they operate in the community’s best interest. 4.5.2 Supply of bins and collection of waste in excess of the standard service is the responsibility of the organisation/lessee. 4.5.3 Additional waste service/bins may be provided if upon written application a community or charitable organisation can demonstrate the need for an additional waste service.
Discussion
Solo, Council’s waste collection contractor, currently collects 22 x 140L waste bins, 23 x 240L recycle bins and 1 X 240L organic bin from community groups fortnightly (free of charge). In addition, 31 x 240L community waste bins are collecting weekly.
The estimated annual cost of providing waste collection service, free of charge, to the relevant community groups is $10,000. The adopted 2019/2020 Budget therefore includes an allocation of $10,000 so that Council can continue to provide a free kerbside waste collection service to those groups.
Ordinary Council Meeting 144 of 204 26 August 2019 Table 1 below provides a list of those groups.
Table 1: Community Organisation with Free Waste Collection Service
Weekly Fortnightly Property Description 240L 140L 240L 240L Waste Waste Recycle Organic Mallala Mallala Bowling Club, Joseph Street - 1 1 1 Institute, Dublin Road - 1 1 - Church – Wasleys Road - 1 1 - Mallala Oval Grandstand 4 - - - Mallala Oval - Secretary Building - RSL 3 - - - Catholic Church - 1 1 - Mallala CWA - 1 1 - Mallala Men’s Shed - 1 1 -
Two Wells Bowling Club, Old Port Wakefield Road - 1 2 - RSL ,Old Port Wakefield Road - 1 1 - Community Centre 4 - - - Club Rooms 8 - - - Uniting Church - 1 1 - Catholic Church Society - Car Park - 1 1 - Two Wells Golf Club - 1 1 - Anglican Church - 1 1 - Two Wells Craft Shop - 1 1 -
Dublin Dublin Institute, First Street - 1 1 -
Thompson Beach The Shed, Ruskin Road - 1 1 -
Long Plains - - - - Long Plains Hall, 7 McArdle Terrace. - 1 1 - Long Plains Oval - Behind and in front of Club Rooms 10 Long Plains Oval - Netball Club Rooms 2
Parham Parham Sports and Social Club - 6 6 -
Total Community Bins 31 22 23 1
Ordinary Council Meeting 145 of 204 26 August 2019 Conclusion
The adopted 2019/2020 Budget includes an allocation of $10,000 so that Council can continue to provide a free kerbside waste collection service to the groups outlined above.
It is now for Council to consider, and confirm, which community groups it wishes to provide this service to, including how many bins will be collected for each group.
References
Legislation
Local Government Act 1999
Council Policies/Plans
Waste and Recycling Services Policy
Ordinary Council Meeting 146 of 204 26 August 2019 15.1 Council Resolutions - Status Report
Governance and Executive Department: Office
Report Author: Governance Officer
Date: 26 August 2019 Document Ref: D19/42769
OVERVIEW
The purpose of this report is to provide an update in relation to the status of Council Resolutions currently being actioned, for Council Members’ information and monitoring.
Attachment 1 provides the status of Council Resolutions that have not yet been finalised for the period January 2017 to June 2019. Previously outstanding items that have been finalised since the last report to Council are included by way of update. The Council Resolutions for July 2019 are provided, in full, for Council Members’ information.
Management acknowledges the efficiencies afforded to both Council Members and staff by regular reporting and monitoring of the status of Council Resolutions. The practice of providing transparent updates also facilitates performance monitoring and builds confidence.
RECOMMENDATION
“that Council, having considered Item 15.1 – Council Resolutions - Status Report, dated 26 August 2019, receives and notes the report.”
______
Attachments
1. Resolution Status Report
References
Legislation
Local Government Act 1999 (SA)
Local Government (Procedures at Meetings) Regulations 2013 (SA)
Ordinary Council Meeting 147 of 204 26 August 2019 Attachment 1 to Item 15.1
RESOLUTION REGISTER AND ACTION SHEET January 2017 ‐ June 2019 ‐ Ongoing
Status/ Meeting Item Resolution Responsible Title Resolution Description Comments ('Deferred, Ongoing, Agenda, Date Number Number Department Completed')
Independent Structural “that Council, having considered Item 17.4 – Independent Structural Report ‐ Report – Recommendations for Wasleys Bridge Maintenance, dated 19 December 2016, Infrastructure and 16‐Jan‐17 4.1 Recommendations for undertake consultation in relation to either closure or reduced load limit/local 2017/003 Agenda ‐ 26 August 2019 Environment Wasleys Bridge traffic only on Wasleys Bridge and that management bring a subsequent report Maintenance back to Council for consideration.”
“that Council, having considered Item 14.7 – Mallala Cricket Club Turf Wicket Proposal, 18 September 2017, receives and notes the report and in doing so resolve:‐ 1. that Council grant consent for the Mallala Cricket Club Inc to undertake the Turf Wicket project as presented in Attachment 1 to this Report; 2. that the Mallala Cricket Club Inc be advised that the current lease agreement Ongoing ‐ in July 2019, Management provided between Council and the Mallala Football Club will need to be amended to Mallala Football Club (MFC) with a draft sub‐ incorporate the Mallala Cricket Club Inc as a Sub‐Lessee setting out their lease incorporating minor amendments to Mallala Cricket Club Turf Infrastructure and 18‐Sep‐17 14.7 maintenance obligations including the use of the oval and associated infrastructure 2017/288 address outstanding concerns. MFC has been Wicket Proposal Environment during the cricket season; advised that if a sub‐lease cannot be executed, 3. to authorises the Chief Executive Officer to seek the assistance of Norman the matter will be returned to Council for Waterhouse Lawyers to amend the Lease Agreement between Council and Mallala further consideration. Football Club Inc to incorporate the Mallala Cricket Club Inc as a Sub‐lessee; and to authorise, pursuant to Sections 38 and 44 of the Local Government Act 1999, the Mayor and Chief Executive Officer to execute the Lease Agreement between the Adelaide Plains Council and Mallala Football Club Inc.”
“that Council staff investigate opportunities for collaboration, (either with the Ratepayers Association, or the future Business Council, or other interested parties) to develop strategies to increase district tourism (particularly in relation to short Deferred ‐ to be considered as part of the Tourism Strategy stay accommodation) by leveraging the established activities such as crabbing and Development and 18‐Sep‐17 18.2 2017/293 broader strategic planning focus Stepember Development fishing and the new opportunities offered by the International Bird Sanctuary, with Community 2019‐March 2020 (refer Resolution 2019/205) the aim to provide economic flow on benefits to the community and a greater profile of the Adelaide Plains region and its produce, and that a report be provide for a future meeting of Council.”
“that Council, having considered Item 14.6 – Review of Short Stay Accommodation Policy , 20 November 2017, receives and notes the report and in doing so notes that Review of Short Stay Deferred. Refer Resolutions 2018/214, Development and 20‐Nov‐17 14.6 the adoption of any further amendments to the short stay policy will be deferred 2017/364 Accommodation Policy 2018/334, 2018/484 Community pending consideration of the Memorandum Of Understanding for the Mallala camp grounds”.
Ordinary Council Meeting 148 of 204 26 August 2019 Status/ Meeting Item Resolution Responsible Title Resolution Description Comments ('Deferred, Ongoing, Agenda, Date Number Number Department Completed')
“that Council, having considered Item 14.1 – Road Upgrade Matrix – Sealing Gravel Roads, dated 19 February 2018, receives and notes the report and in doing so:‐ 1. Endorse the “Road Upgrade Matrix – Sealing Gravel Roads” as presented in Attachment 2 and the methodology that underpins the matrix presented in Road Upgrade Matrix – Forward Agenda ‐ Infrastructure & Infrastructure and 19‐Feb‐18 14.1 Attachment 1 of this Report to be utilised to develop a sealing of gravel road 2018/044 Sealing Gravel Roads Environment Committee ‐ September 2019 Environment priority list; 2. Direct that the Resident Contributions to Road Sealing Policy be reviewed to align with the Road Upgrade Matrix – Sealing Gravel Roads”.
“As there has been a number of concerns over time regarding roadside management and parks and garden maintenance I ask the motion be put that Infrastructure and 19‐Feb‐18 18.2 Request for Policy Review Adelaide Plains Council Vegetation Management policy last reviewed 2008 be 2018/061 Completed Environment subject of urgent review inclusive of all aspects of but not limited to under policy statement”. “that Staff prepare report to Council on all and any other matters outlined in preamble in relation to land bordering Parham Rd, Driscoll Tce, and North Parham Mining and Environmental Ongoing ‐ Negotiations with DEW/NRM and Development and 19‐Mar‐18 18.2 Rd and a summary of all regulatory aspects over subject land and possible options 2018/106 Degradation for cessation of antisocial behaviour illegal dumping and land degradation and to adjoining land owner/mining lessee continuing Community also include a visit to site for interested members before next council meeting in April.” “that Council, having considered Item 15.3 – Mallala and Districts Lions Club – Proposed Agreement of Understanding, dated 21 May 2018, instructs the Chief Mallala and Districts Lions Negotiations nearing completion. Executive Officer to seek legal advice as a means to prepare the necessary legal Development and 18‐Jun‐18 15.3 Club ‐ Proposed Agreeent 2018/214 Development Application for Change of Land instrument between Adelaide Plains Council and Mallala and Districts Lions Club in Community of Understanding Use submitted. accordance with the terms of the Agreement of Understanding, and bring a report back to the Ordinary Council Meeting on 18 June 2018.”
Policy ‐ Leases and “that Council bring back a report and associated draft policy regarding leases and Forward Agenda ‐ Infrastructure and Infrastructure and 18‐Jun‐18 19.1 2018/216 Licences licences with a consistency of approach.” Environment Committee ‐ September 2019 Environment
Ordinary Council Meeting 149 of 204 26 August 2019 Status/ Meeting Item Resolution Responsible Title Resolution Description Comments ('Deferred, Ongoing, Agenda, Date Number Number Department Completed')
“that Council, having considered Item 14.3 – Two Wells Trotting Owners and Trainers Association Inc – Proposed Lease – Hams Park Reserve, Lewiston, dated 21 May 2018, receives and notes the report and in doing so:‐ 1. Receives and notes the Hydrological Report from Robert Williams Hydrological Consultant; 2. Authorises the Chief Executive Officer to seek the assistance of Norman Waterhouse Lawyers and to negotiate and finalise the Lease Agreement between Council and the Two Wells Trotting Owners and Trainers Association Inc for the leasing the whole of Allotment 27 DP 14929, Kurt Way Lewiston, known as Hams Two Wells Trotting Park Reserve and comprised in Certificate of Title Volume 5543 Folio 580; Ongoing negotiations relating to lease Owners and Trainers 3. Authorises, pursuant to sections 38 and 44 of the Local Government Act 1999, conditions and consideration of Association's Infrastructure and 18‐Jun‐18 14.3 Association ‐ Proposed the Mayor and Chief Executive Officer to execute the lease agreement between the 2018/243 concerns in relation to proposed location of Environment Lease ‐ Hams Park Adelaide Plains Council and the Two Wells Trotting Owners and Trainers infrastructure Reserve, Lewiston Association Inc; 4. In accordance with section 166(1)(j) of the Local Government Act 1999, Council, being satisfied that the whole of Allotment 27 DP 14929, Kurt Way Lewiston, known as Hams Park Reserve and comprised in Certificate of Title Volume 5543 Folio 580, is being used by an organisation which, in the opinion of Council, provides a benefit or service to the local community, grants a discretionary rebate of 100% of the rates imposed, effective from the 2018/19 rating year; and 5. Formally responds to the submission from Ms Leanne Pelin in line with the aforementioned direction.”
“that Council, having considered Item 14.7 ‐ Horse Float Parking ‐ Parham, dated 16 July 2018, receives and notes the report and recommends that a review of potential Deferred ‐ to be considered as part of the Horse Float Parking ‐ alternative locations for the horse float parking area in Parham is undertaken, to Development and 16‐Jul‐18 14.7 2018/322 broader strategic planning focus September Parham include discussions with the Department of Environment and Water as required, Community 2019‐March 2020 (refer Resolution 2019/205) and Councillors participate in a visit to be arranged by the Chief Executive Officer to the various potential alternative locations.”
“that Council, having considered Item 14.8 – Two Wells Scout Group – Relocation , Two Wells Scout Group ‐ dated 20 August 2018, receives and notes the report and in doing so instructs the Development and 20‐Aug‐18 14.8 2018/375 Completed Relocation Chief Executive Officer to liaise with the community in accordance with Council’s Community Public Consultation Policy for the relocation of the scout hall in Two Wells.” Rescind Motion (2018/071) ‐ Review of “that Council instruct the Chief Executive Officer to continue to negotiate with the Negotiations nearing completion. Development and 10‐Sep‐18 4.1 Memorandum of Mallala Lions Club to enter into a new lease / management agreement for the 2018/408 Development Application for Change of Land Community Understanding Signed ablution block at the appropriate time.” Use submitted. with Mallala Lions Club
Ordinary Council Meeting 150 of 204 26 August 2019 Status/ Meeting Item Resolution Responsible Title Resolution Description Comments ('Deferred, Ongoing, Agenda, Date Number Number Department Completed')
“that Council, having considered Mallala CWMS Private Property Domestic Pumps, endorses recommendation 2018/040 of the Audit Committee and in doing so:‐ Audit Committee ‐ Forward Agenda ‐ September 2019. I&E 1. Endorses the approach that ongoing maintenance and replacement costs for all Infrastructure and 17‐Sep‐18 12.3 Meeting held 3 September 2018/425 Committee considered draft revised policy at 4 on site CWMS Infrastructure be funded (where appropriate) through the CWMS Environment 2018 July 2019 meeting. Reserves Fund; and 2. Instructs the Chief Executive Officer to develop a policy position in this respect.”
Completed. Bus tours with new Council “that, in relation to the Adelaide International Bird Sanctuary, a bus tour of the Port Members were held in early and mid 2019 Development and 17‐Sep‐18 N/A Motion Without Notice Prime area be undertaken amongst Council Members and relevant members of 2018/441 and observations were made by Management Community staff.” in relation to Port Prime Road and associated AIBS matters. “that Council instructs the Chief Executive Officer to bring back a report on cost of providing constructed safe all weather load rated access for public and emergency services vehicles from Pt Wakefield Rd , Thompson Rd to Pt Prime Beach including raising that section beach road access in line with or above recommended AHD Motions on Notice ‐ Port Forward Agenda ‐ Infrastructure & Infrastructure and 15‐Oct‐18 18.1 coastal floor level and including providing a suitable hard stand fenced beach 2018/472 Prime Road Environment Committee ‐ September 2019 Environment parking area together where identified fenced off or other deemed measures with view to returning informal track areas within council controlled coastal zone of Pt Prime back to natural state in doing so no further works / costs be incurred in relation to Pt Prime Rd until such time a report is presented back to Council.”
“that Council, having considered Item 14.11 – Proposed Lease of Council Land – NBN Radio Network Base Station, dated 25 February 2019, receives and notes the report and in doing so, instructs the Chief Executive Officer to: 1. Finalise and execute the lease with NBN Co for a portion of land within Section Proposed Lease of Council 248 DP 29513, Ruskin Road, Thompson Beach comprised in Certificate of Title Infrastructure and 25‐Feb‐19 14.11 Land ‐ NBN Radio Volume 5372 Folio 262; and 2018/074 Ongoing ‐ negotiations nearing completion Environment Network Base Station 2. Finalise the Thompson Beach Progress Association lease variation for the parcel of land known as a portion of land within Section 248 DP 29513, Ruskin Road, Thompson Beach comprised in Certificate of Title Volume 5372 Folio 262 and in accordance with Attachment 1.”
“that the Chief Executive Officer prepare a case for maximum funding in Round 5 of Funding Options ‐ Wasleys Ongoing ‐ Round 5 of Bridges Renewal Infrastructure and 25‐Feb‐19 15.4 the federal‐funded Bridges Renewal Program, in relation to the maintenance and 2018/079 Road Bridge Program not yet opened Environment repair of Wasleys Road Bridge.”
Ordinary Council Meeting 151 of 204 26 August 2019 Status/ Meeting Item Resolution Responsible Title Resolution Description Comments ('Deferred, Ongoing, Agenda, Date Number Number Department Completed')
“that the Chief Executive Officer bring back a report to Council, with accompanying proposed policy in relation to the management of horses on the coastal beaches of the Adelaide Plains Council. The Policy should take into account:‐ 1. Consistency with the Adelaide International Bird Sanctuary Management Plan; Deferred ‐ to be considered as part of the Development and 25‐Feb‐19 19.1 Motion Without Notice 2. The ability to safely park horse floats in the proximity of areas allowed for 2018/080 broader strategic planning focus Stepember Community exercising of horses; 2019‐March 2020 (refer Resolution 2019/205) 3. The health and safety of the general public, horses and handlers; and 4. The potential impact on flora and fauna in coastal areas.”
“that Council endorses resolution 2019/011 of the Infrastructure and Environment Committee, and in doing so instructs the Chief Executive Officer to:‐ 1. Ascertain from the service provider what the indicative costs of weekly waste collection will be, and further to understand any cost impact and impediment the service provider may have in the provision of a segmented service across the Infrastructure and region, including seasonal impact; Infrastructure and 25‐Mar‐19 12.2 Environment Committee 2019/115 Completed 2. Subject to the successful completion of part 1 above, undertake public Environment Meeting ‐ 13 March 2019 consultation in relation to proposed weekly waste collection, in accordance Council’s Public Consultation Policy; and 3. Bring a report back to the Infrastructure and Environment Committee on the outcome of the public consultation process.”
“that Council endorses resolution 2019/014 of the Infrastructure and Environment Infrastructure and Committee, and in doing so instructs the Chief Executive Officer to commence Infrastructure and 25‐Mar‐19 12.2 Environment Committee 2019/116 Completed public consultation to receive feedback from the community on the proposed Environment Meeting ‐ 13 March 2019 closure of Mallala and Two Wells Resource Recovery Centres from 30 June 2019.”
“that Council endorses resolution 2019/020 of the Infrastructure and Environment Infrastructure and Committee, and in doing so instructs the Chief Executive Officer to have particular Forward Agenda ‐ Infrastructure and Infrastructure and 25‐Mar‐19 12.2 Environment Committee 2019/119 regard to the financial impact of relevant design specifications, in assessing Eden Environment Committee ‐ September 2019 Environment Meeting ‐ 13 March 2019 and Liberty development applications, until a policy is adopted.”
Deferred ‐ to be considered as part of the Motion on Notice ‐ “that the Chief Executive Officer bring back a report outlining the potential for the Development and 25‐Mar‐19 18.1 2019/128 broader strategic planning focus Stepember Tourism Development development of a campground/caravan park at Dublin.” Community 2019‐March 2020 (refer Resolution 2019/205)
“that the Chief Executive Officer initiate a review of services administered by Deferred ‐ to be considered as part of the Motion on Notice ‐ APC Governance and 25‐Mar‐19 18.2 Adelaide Plains Council to identify any areas of cost efficiency and or new processes 2019/129 broader strategic planning focus Stepember Services Executive Office not covered by the organisational review.” 2019‐March 2020 (refer Resolution 2019/205)
Ordinary Council Meeting 152 of 204 26 August 2019 Status/ Meeting Item Resolution Responsible Title Resolution Description Comments ('Deferred, Ongoing, Agenda, Date Number Number Department Completed')
“that in consideration of forecast growth at both Two Wells and Mallala, coupled Motion on Notice ‐ Ongoing. Management is in the process of with the diminishing space at the Two Wells Cemetery, the Chief Executive Officer Development and 23‐Apr‐19 18.5 Cemetery Expansion at 2019/184 engaging a suitably qualified consultant to bring a report back to Council that explores opportunities for cemetery expansion Community Two Wells and Mallala undertake this body of work to service the townships of Two Wells and Mallala.”
“that Council, having considered Item 14.6 – Business Council – Terms of Reference, dated 27 May 2019 receives and notes the report and in doing so:‐ 1. Instructs the Chief Executive Officer to formally present the draft Charter and membership composition to the local business sector within Adelaide Plains Council Ongoing ‐ members have been appointed, first Business Council ‐ Terms Development and 27‐May‐19 14.6 for consideration and advancement; and 2019/214 meeting to take place on Thursday 5 of Refernce Community 2. Pledges its ongoing support to the establishment of an independent Business September 2019 Council on the Adelaide Plains through the allocation of administrative resources in conjunction with RDA Barossa, Gawler, Light and Adelaide Plains Council.”
“that:‐ 1. Council endorse draft By‐law No 1 – Permits and Penalties, draft By‐law No 2 – Local Government Land, draft By‐law No 3 – Roads, draft By‐law No 4 – Dogs and draft By‐law No 5 Moveable Signs as attached to the report entitled By‐law Review 2019 – Public Consultation for the purposes of public consultation in accordance Forward Agenda ‐ September 2019. Public with Section 249 of the Local Government Act 1999; and consultation has been undertaken, draft by‐ 2. The Chief Executive Officer be authorised to make copies of the draft By‐laws laws are prepared. Norman Waterhouse to By Law Review 2019 ‐ available for public inspection without charge at the principal office of the Council Development and 27‐May‐19 14.7 2019/215 issue solicitor certificate pending response Public Consultation during ordinary office hours; and Community from Minister for Transport in relation to Local 3. The Chief Executive Officer be authorised to publish notice informing the public Government Land By‐Law, pursuant to of the availability of the draft By‐laws in The Bunyip and Plains Producer Harbors and Navigation Act 1993. newspapers; and 4. In the exercise of the powers contained in Section 246(5) of the Local Government Act 1999, unless varied by subsequent resolution, expiation fees for a breach of a Council By‐Law be hereby set at $140.00.”
“that the Chief Executive Officer brings back a report outlining processes that will Governance and 27‐May‐19 19.3 Motion Without Notice bring certainty to specific timelines for processing building applications for various 2019/231 Agenda ‐ 26 August 2019 Executive Office categories of development.” Confidential Item ‐ Aged Development and 27‐May‐19 21.1 Confidential Resolution 2019/233 Ongoing Living Review Community Confidential Item ‐ “that Council, having considered Item 21.2 – Proposed Lease of Council Land – NBN Proposed Lease of Council Radio Network Base Station Update dated 27 May 2019, receives and notes the Infrastructure and 27‐May‐19 21.2 Land ‐ NBN Radio report and in consideration of Resolution 2018/073 resolves to allocate the annual 2019/236 Ongoing ‐ negotiations nearing completion Environment Network Base Station income payable by the NBN to the Thompson Beach Progress Association (TBPA) Update until 20 March 2026, when the TBPA lease is due for renewal.”
Ordinary Council Meeting 153 of 204 26 August 2019 Status/ Meeting Item Resolution Responsible Title Resolution Description Comments ('Deferred, Ongoing, Agenda, Date Number Number Department Completed') Confidential Item ‐ Infrastructure and 27‐May‐19 21.3 Proposed Lease ‐ Konzag Confidential Resolution 2019/239 Ongoing Environment Grains “that Council, having considered Item 14.7 – SA Coastal Councils Alliance – Completed. Application was submitted and SA Coastal Councils Nominations Sought, dated 24 June 2019, receives and notes the report and in Mayor Wasley was subsequently appointed as Governance and 24‐Jun‐19 14.7 Alliance ‐ Nominations 2019/260 doing so nominates Mayor Wasley to put forward an application to the SA Coastal a proxy member to the SA Coastal Council Executive Office Sought Councils Alliance for the Executive Committee ‐ North Coastal Zone.” Alliance Executive Committee. “that the Chief Executive Officer bring back a report in relation to the development Development and 24‐Jun‐19 18.1 Motion Without Notice of a masterplan for Hart Reserve, including but not limited to, the siting of a pump 2019/263 Forward Agenda ‐ September 2019 Community track.” Proposed Lease of Council Land ‐ NBN Radio Infrastructure and 24‐Jun‐19 21.2 Confidential Resolution 2019/268 Ongoing ‐ negotiations nearing completion Network Base Station Environment Update ‐ June 2019 “that Council, having considered Item 21.3 – Mallala Campground ‐ Economic Assessment, dated 24 June 2019, receives and notes the report, and in doing so Negotiations nearing completion. Mallala Campground ‐ Development and 24‐Jun‐19 21.3 endorses Model 2 – Proposed Lease with the Lions Club, and instructs the Chief 2019/271 Development Application for Change of Land Economic Assessment Community Executive Officer to bring back the final lease between Council and the Mallala Use submitted. Lions Club for Council to approve.”
Ordinary Council Meeting 154 of 204 26 August 2019 RESOLUTION REGISTER AND ACTION SHEET ‐ July 2019 ‐ All Items
Status/ Meeting Item Resolution Comments ('Deferred, Responsible Title Resolution Description Date Number Number Ongoing, Agenda, Department Completed') “that the minutes of the Ordinary Council Meeting held on 24 June 2019 (MB Folios 16896 to 16909 Governance and 22‐Jul‐19 2.1 Confirmation of Minutes 2019/298 Completed inclusive), be accepted as read and confirmed.” Executive Office “that the minutes of the Special Council Meeting held on 27 June 2019 (MB Folios 16910 to Governance and 22‐Jul‐19 2.2 Confirmation of Minutes 2019/299 Completed 16924 inclusive), be accepted as read and confirmed.” Executive Office
“that Council, having considered Item 14.5 – Two Wells Scout Group Relocation – Site Selection, dated 22 July 2019, receives and notes the report and in doing so:‐ 1. Determines that a portion of Lot 103 DP comprised in CR Volume 5753 Folio 647 located at Two Wells Scout Group Relocation ‐ Development and 22‐Jul‐19 14.5 the rear of the Two Wells Bowling Club car park area, Two Wells, is the preferred location for 2019/300 Ongoing Site Selection Community the purposes of relocating the Two Wells Scout Group Scout Hall; and 2. Instructs the Chief Executive Officer to bring back a further report outlining the necessary steps, including any relevant statutory obligations, in advancing the relocation.”
“that Council receives and notes the minutes of the Audit Committee Meeting on 21 June 22‐Jul‐ 19 12.1 Audit Committee Meeting ‐ 21 June 2019/301 Completed Finance and Business 2019 2019.” “that Council endorses resolution 2019/016 of the Audit Committee, and in doing so:‐ Audit Committee Meeting ‐ 21 June 1. Rescinds the current Risk Management Policy; and 22‐Jul‐19 12.1 2019/302 Completed Finance and Business 2019 2. Adopts the Revised Risk Management Policy as presented at Attachment 2 to this Report.”
“that Council endorses resolution 2019/020 of the Audit Committee and in doing so, as part of its strategic planning workshop earmarked for October 2019, prioritises a focus on reviewing the following:‐ Audit Committee Meeting ‐ 21 June 22‐Jul‐19 12.1 1. Long Term Financial Plan, with an emphasis on long term growth projections; 2019/303 Completed Finance and Business 2019 2. Infrastructure and Asset Management Plan; 3. Service levels; and 4. Rating strategy.”
“that Council endorses resolution 2019/023 of the Audit Committee and in doing so Audit Committee Meeting ‐ 21 June 22‐Jul‐19 12.1 acknowledges the progress made to complete the activities identified for the Audit Committee 2019/304 Completed Finance and Business 2019 during the 2018/2019 Financial Year.” Adelaide Plains Council Historical “that Council receives and notes the minutes of the Adelaide Plains Council Historical Development and 22‐Jul‐19 12.2 2019/305 Completed Committee Meeting ‐ 3 July 2019 Committee Meeting held 3 July 2019.” Community Infrastructure and Environment “that Council receives and notes the minutes of the Infrastructure and Environment Infrastructure and 22‐Jul‐19 12.3 2019/306 Completed Committee Meetnig ‐ 4 July 2019 Committee Meeting held 4 July 2019.” Environment “that Council endorses resolution 2019/027 of the Infrastructure and Environment Committee, Infrastructure and Environment and in doing so confirms that Council will continue its current fortnightly waste collection Infrastructure and 22‐Jul‐19 12.3 2019/307 Completed Committee Meetnig ‐ 4 July 2019 service.” Environment
“that Council endorses resolution 2019/028 of the Infrastructure and Environment Committee, and in doing so, instructs the Chief Executive Officer to:‐ 1. Close the Mallala Resource Recovery Centre from 30 September 2019; Infrastructure and Environment 2. Continue to operate the Two Wells Resource Recovery Centre for a period of twelve (12) Infrastructure and 22‐Jul‐19 12.3 2019/308 Completed Committee Meetnig ‐ 4 July 2019 months, and to bring back a further report to the Infrastructure and Environment Committee Environment in August/September 2020 outlining any savings achieved and to re‐assess patronage numbers.”
Ordinary Council Meeting 155 of 204 26 August 2019 Status/ Meeting Item Resolution Comments ('Deferred, Responsible Title Resolution Description Date Number Number Ongoing, Agenda, Department Completed') “that Council endorses resolution 2019/029 of the Infrastructure and Environment Committee, and in doing so:‐ Infrastructure and Environment 1. Rescinds the current Vegetation Management Policy; and Infrastructure and 22‐Jul‐19 12.3 2019/309 Completed Committee Meetnig ‐ 4 July 2019 2. Adopts the Revised Vegetation Management Policy as presented at Attachment 2 to this Environment Report.”
Governance Advisory Panel Meeting ‐ “that Council receives and notes the minutes of the Governance Advisory Panel Meeting held 15 July Governance and 22‐Jul‐19 12.4 2019/310 Completed 15 July 2019 2019.” Executive Office “that Council endorses resolution 2019/038 of the Governance Advisory Panel, and in doing so Governance Advisory Panel Meeting ‐ Governance and 22‐Jul‐19 12.4 adopts the revised Internal Review of Council Decisions Policy as presented at Attachment 2 to 2019/311 Completed 15 July 2019 Executive Office this Report.” “that Council endorses resolution 2019/039 of the Governance Advisory Panel, and in doing so Governance Advisory Panel Meeting ‐ Governance and 22‐Jul‐19 12.4 adopts the revised Internal Review of Council Decisions Procedure as presented at Attachment 2019/312 Completed 15 July 2019 Executive Office 3 to this Report.” Completed. Refer “that Council endorses resolution 2019/040 of the Governance Advisory Panel, and in doing so Agenda Item 14.3 ‐ Code Governance Advisory Panel Meeting ‐ instructs the Chief Executive Officer to undertake public consultation, in accordance with of Practice ‐ Access to Governance and 22‐Jul‐19 12.4 2019/313 15 July 2019 Council’s Public Consultation Policy, in relation to the proposed Code of Practice – Access to Council Meetings and Executive Office Council Meetings and Documents as presented at Attachment 4 to this Report.” Documents ‐ 26 August 2019 Legatus Group Special Meeting ‐ 5 “that Council receives and notes the minutes of the Legatus Group Special Meeting held on 5 Governance and 22‐Jul‐19 13.1 2019/314 Completed July 2019 July 2019.” Executive Office “that Council, having considered Item 14.1 – 2018/2019 Reflections and 2019/2020 Strategic Forward Planning, dated 22 July 2019, receives and notes the report and in doing so acknowledges the:‐ 2018/2019 Reflections and 1. Significant progress and deliverables achieved on multiple fronts throughout the 2018/2019 Governance and 22‐Jul‐19 14.1 2019/2020 Strategic Forward 2019/315 Completed financial year; and Executive Office Planning 2. Chief Executive Officer’s forecast list of strategic priorities for the period August to December 2019 as outlined in this Report.”
“that Council, having considered Item 14.2 – Gawler River Floodplain Management Authority Charter Review, dated 22 July 2019, receives and notes the report, and in doing so instructs the Chief Executive Officer to advise the Executive Officer of the Gawler River Floodplain Management Authority that it endorses the revised Charter as presented at Attachment 2 to this Report, subject to the following:‐ Gawler River Floodplain 1. That a subsequent review of the Charter as it relates to proposed Item 11 – Financial Governance and 22‐Jul‐19 14.2 Management Authority Charter contributions to the Authority be a priority in the 2019/2020 financial year; and 2019/316 Completed Executive Office Review 2. That Council objects to:‐ a. The notion that Deputy Board Members are unable to actively participate in meetings if their equivalent Board Member is present; and b. The current methodology on how depreciation is accounted for, and should be amended to take account of depreciation not being funded in a financial statement sense.”
“that Council, having considered Item 14.3 – Regional Development Strategy Discussion Paper, Regional Development Strategy dated 22 July 2019, receives and notes the report and in doing endorses the proposed Development and 22‐Jul‐19 14.3 2019/317 Completed Discussion Paper feedback to Primary Industries and Regions SA on the Regional Development Strategy Community Discussion Paper.” “that Council, having considered Item 14.4 – Stormwater Management Authority Discussion Paper, dated 22 July 2019, receives and notes the report and in doing so instructs the Chief Stormwater Management Authority Development and 22‐Jul‐19 14.4 Executive Officer to prepare a response on behalf of Council to the Stormwater Management 2019/318 Completed Discussion Paper Community Authority on their Discussion Paper: Priorities for Stormwater Management Planning in South Australia.”
Ordinary Council Meeting 156 of 204 26 August 2019 Status/ Meeting Item Resolution Comments ('Deferred, Responsible Title Resolution Description Date Number Number Ongoing, Agenda, Department Completed') “that Council, having considered Item 15.1 – Council Resolutions ‐ Status Report, dated 22 July Governance and 22‐Jul‐19 15.1 Council Resolutions ‐ Status Report 2019/319 Completed 2019, receives and notes the report.” Executive Office Australian Local Government “that Council, having considered Item 15.2 – Australian Local Government Association – Governance and 22‐Jul‐19 15.2 Association ‐ National General 2019/320 Completed National General Assembly 2019, dated 22 July 2019, receives and notes the report.” Executive Office Assembly 2019 Two Wells Community Fund ‐ First “that Council, having considered Item 15.3 – Two Wells Community Fund – First Round of Development and 22‐Jul‐19 15.2 Round of Applications ‐ Committee 2019/321 Completed Applications – Committee Determination, dated 22 July 2019, receives and notes the report.” Community Determination Library and Community Services ‐ “that Council, having considered Item 15.4 – Library and Community Services – Quarterly Development and 22‐Jul‐19 15.4 2019/322 Completed Quarterly Report ‐ April to June 2019 Report – April to June 2019, dated 22 July 2019, receives and notes the report.” Community
“that the Chief Executive Officer formally write to the Department of Planning, Transport and Infrastructure and the Minister for Planning to give advanced notice of Adelaide Plains Development and 22‐Jul‐19 18.1 Motion Without Notice 2019/323 Completed Council’s desire to have strategic holdings reviewed throughout the Council area as part of the Community imminent Environment Food Production Areas review process.”
“that:‐ 1. Pursuant to section 90(2) of the Local Government Act 1999, the Council orders that all members of the public, except Chief Executive Officer, General Manager – Governance and Communications, General Manager – Development and Community, General Manager – Infrastructure and Environment, General Manager – Finance and Economic Development, Governance Officer, Property Officer, Economic Development Officer and Community Development Officer and Executive Assistant, be excluded from attendance at the meeting of the Council for Agenda Item 21.1 – Proposed Lease of Council Land – NBN Radio Network Base Proposed Lease of Council Land ‐ Station Update – July 2019; Infrastructure and 22‐Jul‐19 21.1 NBN Radio Network Base Station 2. Council is satisfied that pursuant to section 90(3)(b) of the Local Government Act 1999, Item 2019/324 Completed Environment Update ‐ July 2019 21.1 – Proposed Lease of Council Land – NBN Radio Network Base Station Update – July 2019 concerns information of a confidential nature, 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 council, being information relating to ongoing negotiations; and 3. Council is satisfied that the principle that Council meetings should be conducted in a place open to the public has been outweighed by the need to keep the information, matter and discussion confidential.”
“that Council, having considered Item 21.1 – Proposed Lease of Council Land – NBN Radio Proposed Lease of Council Land ‐ Network Base Station Update – July 2019, dated 22 July 2019, receives and notes the report, Governance and 22‐Jul‐19 21.1 NBN Radio Network Base Station and in doing so instructs the Chief Executive Officer to facilitate a meeting with Thompson 2019/325 Completed Executive Office Update ‐ July 2019 Beach Progress Association at the earliest opportunity with a view of obtaining their formal position.” “that Council, having considered the matter of Agenda Item 21.1 – Proposed Lease of Council Land – NBN Radio Network Base Station Update – July 2019 in confidence under sections 90(2) and 90(3)(b) of the Local Government Act 1999, resolves:‐ 1. That the agenda item, report and any other associated information submitted to this meeting pertaining to Agenda Item 21.1 – Proposed Lease of Council Land – NBN Radio Proposed Lease of Council Land ‐ Network Base Station Update – July 2019, remain confidential and not available for public Infrastructure and 22‐Jul‐19 21.1 NBN Radio Network Base Station 2019/326 Completed inspection until further order of the Council; Environment Update ‐ July 2019 2. Pursuant to section 91(9)(a) of the Local Government Act 1999, the confidentiality of the matter will be reviewed every 12 months; and 3. Pursuant to section 91(9)(c) of the Local Government Act 1999, Council delegates the power to revoke this confidentiality order to the Chief Executive Officer.”
Ordinary Council Meeting 157 of 204 26 August 2019 Status/ Meeting Item Resolution Comments ('Deferred, Responsible Title Resolution Description Date Number Number Ongoing, Agenda, Department Completed')
“that:‐ 1. Pursuant to section 90(2) of the Local Government Act 1999, Council orders that all members of the public, except Chief Executive Officer, General Manager – Governance and Communications, General Manager – Development and Community, General Manager – Finance and Economic Development, General Manager – Infrastructure and Environment, Governance Officer, Property Officer, Economic Development Officer and Community Development Officer and Executive Assistant be excluded from attendance at the meeting of Council for Agenda Item 21.2 – Drought Communities Programme; Development and 22‐Jul‐19 21.2 Drought Communities Programme 2. Council is satisfied that pursuant to section 90(3)(b) of the Local Government Act 1999, Item 2019/327 Completed Community 21.2 – Drought Communities Programme concerns commercial information the disclosure of which could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting business, or to prejudice the commercial position of Council, being information relating to ongoing negotiations; and 3. Council is satisfied that the principle that Committee meetings should be conducted in a place open to the public has been outweighed by the need to keep the information, matter and discussion confidential.”
“that Council, having considered Item 21.2 – Drought Communities Programme, dated 22 July 2019, receives and notes the report, and in doing so acknowledges and expresses its gratitude Development and 22‐Jul‐19 21.2 Drought Communities Programme 2019/328 Completed to the Federal Government’s Department of Industry, Innovation and Science in the allocation Community of $1m to Adelaide Plains Council.” “that Council, having considered Item 21.2 – Drought Communities Programme dated 22 July Development and 22‐Jul‐19 21.2 Drought Communities Programme 2019/329 Completed 2019, endorses the methodology and output as provided as Attachment 1 to this Report.” Community “that Council, having considered Item 21.2 – Drought Communities Programme, dated 22 July 2019, instructs the Chief Executive Officer to:‐ 1. Formally submit the list of projects as identified in the Matrix (presented as Attachment 2 to this Report), noting that the total project funding threshold is $1m:‐ a. Subject to the inclusion of the Moquet Lee Memorial to the Pinery Fire to the value of Completed. Application Development and 22‐Jul‐19 21.2 Drought Communities Programme $32,000; and 2019/330 submitted 21 August Community b. Delegates authority to the Chief Executive Officer, in consideration of (a) above, to make 2019 the necessary adjustments; and 2. For any project considered ineligible by the Federal Government, submit remaining projects in order of ranking.”
Governance and 22‐Jul‐ 19 N/A N/A 2019/331 Completed “that 2019/330 be adjourned until after the meeting has been extended.” Executive Office Governance and 22‐Jul‐19 N/A N/A 2019/332 Completed “that the meeting be extended by 30 minutes.” Executive Office Governance and 22‐Jul‐19 N/A N/A 2019/333 Completed “that 2019/330 be resumed.” Executive Office “that Council, having considered the matter of Item 21.2 – Drought Communities Programme in confidence under sections 90(2) and 90(3)(b) of the Local Government Act 1999, resolves that:‐ 1. Attachment 1 and Attachment 2 and any other associated information pertaining to Agenda Item 21.2 – Drought Communities Programme remain confidential and not available for public Development and 22‐Jul‐19 21.2 Drought Communities Programme inspection until further order of Council; 2019/334 Completed Community 2. Pursuant to section 91(9)(a) of the Local Government Act 1999, the confidentiality of the matter will be reviewed every 12 months; and 3. Pursuant to section 91(9)(c) of the Local Government Act 1999, Council delegates the power to revoke this confidentiality order to the Chief Executive Officer.”
Ordinary Council Meeting 158 of 204 26 August 2019 Status/ Meeting Item Resolution Comments ('Deferred, Responsible Title Resolution Description Date Number Number Ongoing, Agenda, Department Completed') “that:‐ 1. Pursuant to section 90(2) of the Local Government Act 1999, Council orders that all members of the public, except Chief Executive Officer, General Manager – Governance and Communications, General Manager – Development and Community, General Manager – Finance and Economic Development, General Manager – Infrastructure and Environment, Governance Officer, Economic Development Officer, Community Development Officer and Executive Assistant be excluded from attendance at the meeting of Council for Agenda Item 21.3 – Rubble Supply; Development and 22‐Jul‐19 21.2 Drought Communities Programme 2. Council is satisfied that pursuant to section 90(3)(b) of the Local Government Act 1999, Item 2019/335 Completed Community 21.3 – Rubble Supply concerns commercial information the disclosure of which could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting business, or to prejudice the commercial position of Council, being information relating to ongoing negotiations; and 3. Council is satisfied that the principle that Committee meetings should be conducted in a place open to the public has been outweighed by the need to keep the information, matter and discussion confidential.”
“that Council, having considered Item 21.3 – Rubble Supply, dated 22 July 2019, receives and notes the report and in doing so instructs the Chief Executive Officer to formally write to Light Regional Council (LRC) to:‐ 1. Thank LRC for their offer of securing rubble for the 2019/2020 financial year; 2. Advise that, at this juncture, Council is unable to entertain the request, primarily on Infrastructure and 22‐Jul‐19 21.3 Rubble Supply grounds of insufficient rubble supply remaining at the Carslake Road Quarry site to service 2019/336 Completed Environment Council’s operation in the short to medium term; and 3. Advise that, notwithstanding point 2 above, Council does see an opportunity to work with neighbouring councils, including LRC, in strategically planning for, and securing, rubble supplies for the medium to long term mutual benefit of both councils.”
“that Council, having considered Item 21.3 – Rubble Supply, dated 22 July 2019, instructs the Chief Executive Officer to engage a suitably qualified consultant to investigate limestone Infrastructure and 22‐Jul‐19 21.3 Rubble Supply 2019/337 mining opportunities within Adelaide Plains Council region, and make an appropriate Environment provision in the first budget update.” “that Council, having considered the matter of Item 21.3 – Rubble Supply in confidence under sections 90(2) and 90(3)(b) of the Local Government Act 1999, resolves that:‐ 1. The agenda item, report, Attachment 1, Attachment 2 and any other associated information pertaining to Agenda Item 21.3 – Rubble Supply remain confidential and not available for public inspection until further order of Council; Infrastructure and 22‐Jul‐19 21.3 Rubble Supply 2019/338 Completed 2. Pursuant to section 91(9)(a) of the Local Government Act 1999, the confidentiality of the Environment matter will be reviewed every 12 months; and 3. Pursuant to section 91(9)(c) of the Local Government Act 1999, Council delegates the power to revoke this confidentiality order to the Chief Executive Officer.”
Ordinary Council Meeting 159 of 204 26 August 2019 15.2 Community Engagement Forum Held 29 July 2019
Governance and Executive Department: Office
General Manager – Governance Report Author: and Executive Office
Date: 26 August 2019 Document Ref: D19/40154
OVERVIEW
Purpose
The purpose of this report is to provide Council with an overview and feedback from the Community Engagement Forum held in the Two Wells region on Monday 29 July 2019.
Background
At its meeting held 25 March 2019, Council endorsed a Community Engagement Strategy (Forums
Across Adelaide Plains Council). The Strategy, a copy of which is available on Council’s website, outlines Council’s commitment to involving the community in Council decisions. Council decided to hold three (3) forums across the Council area to provide an opportunity for accurate information dissemination to the community, and for residents and ratepayers to provide feedback on Council- related issues, trends and concerns affecting the community.
The first Community Engagement Forum was held at the Dublin Institute on Monday 15 April 2019 and it was well attended. A report providing an overview of the first forum was presented to Council on 27 May 2019.
Discussion.
The second Community Engagement Forum was held at the Two Wells Football and Netball Sports Club (clubrooms) on Monday 29 July 2019. The forum was well attended, with in excess of 30 people present, including community members, Council Members and Council staff. The forum provided “an opportunity for people who attended to speak with their elected representatives”, said Mayor Wasley. As with the first forum, “accurate information was supplied to the residents who raised issues that were important to them”, noted Mayor Wasley.
Ordinary Council Meeting 160 of 204 26 August 2019 Feedback from the forum has been constructive, with the following common themes emerging by way of verbal and written submissions from the community:-
Flood management; Open space management; Roadside dumping; Roads and rubble; Engineering; Waste transfer stations; Skate park; and Community group relocations.
Amongst other items raised at the forum, one member of the public outlined concerns with the quality of the rubble being used to deliver Council’s roads program and to that end, APC is continually investigating opportunities to optimise the performance and management of unsealed roads in addition to providing potential reductions in re-sheeting frequencies (material conservation) and lower asset management costs.
Tonkin consulting in collaboration with the Australian Road Research Board (ARRB) have for many years worked with Councils to explore new ways of assessing the performance of various re-sheeting materials. Adelaide Plains Council is currently working with Tonkin Consulting to optimise the performance and management of unsealed roads.
A model has been developed, to introduce a balance of science and practical approaches to allow Council to improve the properties of materials selected for replacement of wearing course on unsealed roads (re-sheeting) that fits into the acceptable range of grading and plasticity. In order to optimise re-sheeting activities, a best practice approach to material selection involves:
Pit material testing and assessing against the ARRB unsealed road material specification. Assessing options to improve material properties through additives and adapting work practices. Examining the whole of life benefit of various treatments based on assumed performance expectations and the selection of options that look financially attractive in the long term. Establishing and monitoring of trial sites, and Recording and reviewing findings.
All of the above activities are currently being carried out and supported by suitably qualified professionals.
Ordinary Council Meeting 161 of 204 26 August 2019 A summary of the customer requests received via the forum is attached to this report for Council’s information (Attachment 1).
Three (3) attendees provided their views in relation to the forum’s effectiveness. A summary of that feedback is provided by way of information (Attachment 2).
It has been, and will continue to be, Council’s priority to respond to all customer requests and feedback received (made via the community engagement forums or otherwise).
Summary
Reflecting on the forum, Mayor Wasley stated, “I urge all residents to get to know your ward Councillor, speak with them – they are your link to getting things done”. Council is committed to working with the community; we value all feedback and look forward to the next forum anticipated to be held at Mallala in November 2019.
RECOMMENDATION
“that Council, having considered Item 15.2 – Community Engagement Forum Held 29 July 2019, dated 26 August 2019, receives and notes the report.”
Ordinary Council Meeting 162 of 204 26 August 2019 ______Attachments
1. Summary of Customer Requests received via the Community Engagement Forum. 2. Summary of Feedback relating to the Community Engagement Forum.
References
Legislation
Local Government Act 1999
Council Policies/Plans
Community Engagement Strategy (Forums Across Adelaide Plains Council) Complaints Handling Policy Customer Service Charter Requests for Services Policy
Ordinary Council Meeting 163 of 204 26 August 2019 Attachment 1 to Item 15.2
Summary of Customer Requests Received at Community Engagement Forum on Monday 29 July 2019
Issue Summary of Customer Request
Roads Old Port Wakefield Road and Gawler River Road – Safety concerns in relation to vehicles travelling north and wanting to turn left onto Gawler River Road. Request that consideration be given to sealing Germantown Road from Devine Ripe Industries to Redbanks Township. Request to repair bitumen (potholes, general wear and tear) on southern side of Dawkins Road/Williams Road, Two Wells intersection. Question about putting traffic lights at Dawkins Road intersections (noting that the road is becoming busier and the give way sign is difficult to see). Drew Street, Two Wells footpath is uneven and has potholes. Request for barrier around units at the intersection of Gawler Road and Drew Street. Line Marking Line marking on Dawkins Road. Line marking and street signage on Old Port Wakefield Road and railway intersection. Request for line markings through Two Wells to be improved.
Street signs Trees obscuring ‘give way’ signs at intersections of Bethesda/Hayman and Bethesda/Dawkins and on left hand side of Gawler River Road towards Germantown Road. Request to replace ‘give way’ sign with ‘stop’ sign at the intersection of Gawler Road and Germantown Road (on both sides of Germantown Road). ‘Warning’ sign at Dawkins Road train crossing has been flattened since May 2019.
Street Lights Request to address intersections with globe outages or no lights at all.
Parking Request to review the first angle park outside the Two Wells Bakery (noting that the space is too short, and longer vehicles stick out too far and affect vision). Verge Slashing Request to increase slashing program due to large number of stolen vehicles being dumped and burnt. Request that DPTI be contacted and advised that slashing of Gawler Road is a priority due to fire risk. Request that verges are kept clean to avoid fire. Recycling Request for option to recycle (noting that the resident chooses not to have rubbish collected due to small amount of rubbish created). Trees Request to collect branches that fall off trees in Drew Street, noting that the trees can be a health problem to asthmatics when in flower. Illegal Dumping Notification that disposable suits are being thrown out of cars/trucks on Gawler Road, Two Wells. Request to remove abandoned car in Drew Street, Two Wells. Number of stock Request to check number of calves located at a property in the animal husbandry zone (address provided).
Ordinary Council Meeting 164 of 204 26 August 2019 Township Request that, as part of Two Wells township development, consideration be given Development – Aged to the inclusion of an aged care/nursing home. Care Township Request to consider the need for public transport. Development – Public Transport Fencing/barriers Request for fence around dam at end of Drew Street, Two Wells and railway lines.
*the written customer requests received at the forum have been summarised and paraphrased where necessary for the purpose of reporting to Council.
Ordinary Council Meeting 165 of 204 26 August 2019 Attachment 2 to Item 15.2
Summary of Feedback Received at Community Engagement Forum on Monday 29 July 2019
Main Issues/Concerns Raised Slash grass at end of Applebee Road Two Wells
The Community Engagement Forum was 2 x Strongly Agree useful? 1 x Agree
I now have a better understanding of Council? 1 x Agree 2 x Neutral
I find this type of community engagement to 1 x Strongly Agree be effective? 1 x Agree 1 x Neutral
The location of the forum was appropriate? 1 x Strongly Agree 1 x Agree 1 x Neutral
The length of the forum was appropriate? 2 x Agree 1 x Neutral
Responses to the following question:- Are there any improvements required in relation to the content, format or delivery of the information? “More accurate answers”. “No – excellent initiative. Moved here in May 2019 and attended to understand more about the area”. “No answer”.
Do you have any other comments in relation to the forum? “No”. “No”. “No”.
Ordinary Council Meeting 166 of 204 26 August 2019 15.3 SAROC Strategic Plan 2019-2023 and Annual Business Plan 2019-2020
Governance and Executive Department: Office
Report Author: Governance Officer
Date: 26 August 2019 Document Ref: D19/42770
OVERVIEW
The purpose of this report is to provide Council Members with a copy of the SAROC Strategic Plan 2019-2023 and the Annual Business Plan 2019-2020.
The LGA Board of Directors, at its meeting on 20 June 2019, approved the SAROC Strategic Plan 2019- 2023 (Attachment 1) and the Annual Business Plan 2019-2020 (Attachment 2).
RECOMMENDATION
“that Council, having considered Item 15.3 – SAROC Strategic Plan 2019-2023 and Annual Business Plan 2019-2020, dated 26 August 2019, receives and notes the report.”
______Attachments
1. Copy of SAROC Strategic Plan 2019-2023. 2. Copy of SAROC Annual Business Plan 2019-2020.
References
Legislation
Local Government Act 1999
Council Policies/Plans
Nil
Ordinary Council Meeting 167 of 204 26 August 2019 Attachment 1 to Item 15.3
South Australian Region Organisation of Councils
Strategic Plan 2019-2023
Document Set ID: 671962 Version: 10, VersionOrdinary Date: Council30/07/2019 Meeting 168 of 204 26 August 2019 Foreword
I have pleasure in presenting the South Australian Region Organisation of Councils 2019-2023 Strategic Plan. This Strategic Plan is the first plan developed by SAROC under the new constitutional arrangements established by the Local Government Association of South Australia in 2018. SAROC is an important committee of the LGA representing the collective voice of regional councils. Over the next four years SAROC has identified key objectives it will be seeking to progress on behalf of regional councils to help with economic development, community wellbeing and the management of our natural and built environment to help make regional South Australia a vibrant and valued part of our State. SAROC recognizes that to achieve these objectives it will need to work in close collaboration and partnership with our regional LGAs and regional councils along with key stakeholders including RDAs and our Federal and State Governments. On an annual basis SAROC will prepare a business plan which will identify the key actions it will undertake each year to address the objectives in this Strategic Plan. I commend this Strategic Plan to you and look forward to working with you on implementing this plan over the next four years.
Mayor Erika Vickery
Chair of the South Australian Region Organisation of Councils
LGA of SA ECM 671962 SAROC Strategic Plan 2019-2023 Page 1 of 9
Document Set ID: 671962 Version: 10, VersionOrdinary Date: Council30/07/2019 Meeting 169 of 204 26 August 2019 About the LGA
The Local Government Association is a voluntary membership organisation via which councils across the State unite together with a single voice for the common good. All of the 68 councils in South Australia are members. The Local Government Act 1999 specifies that: The LGA is constituted as a public authority for the purpose of promoting and advancing the interests of local government and has the objects prescribed by its constitution. The object of the LGA is to achieve public value through the promotion and advancement of the interests of local government by: advocating to achieve greater influence for local government in matters affecting councils and communities; assisting Members to build capacity and increase sustainability through integrated and coordinated local government; and advancing local government through best practice and continuous improvement. The LGA undertakes the following activities for the purpose of achieving the Association’s objectives: advocate and provide leadership for local government in South Australia, leading to strong engaged communities served by efficient and collaborative Councils and Community Councils; advocate for an autonomous, effective and democratic system of local government in South Australia to meet contemporary community needs; encourage and promote an efficient, effective and sustainable system of local government in South Australia; promote and protect the interests of local government and its Members and the communities they represent; encourage and help local government to engage with, and respond to, the needs of the community; develop and maintain consultation and co-operation between local government and the State and Commonwealth governments and their agencies; assist Members to develop and maintain their financial sustainability and for the advancement of local government; undertake any business activity which contributes to the Object; represent Members of the LGA and local government to the public and the State and Commonwealth governments; act as an advocate for Members and the local government community to address contemporary needs; facilitate engagement and collaboration by and between Members as to their common interests; encourage, assist, promote and foster the achievement and maintenance of the highest levels of integrity, justice, competence, effectiveness and efficiency of local government;
LGA of SA ECM 671962 SAROC Strategic Plan 2019-2023 Page 2 of 9
Document Set ID: 671962 Version: 10, VersionOrdinary Date: Council30/07/2019 Meeting 170 of 204 26 August 2019 undertake or promote any activity which the Board of Directors determines to be for the benefit or interest of Members and local government in South Australia; and undertake any function as may be vested in the LGA by statute.
About SAROC
The South Australian Region Organisation of Councils (SAROC) is a regional organisation of member councils of the Local Government Association of South Australia (LGA) established under the LGA Constitution. A list of the member councils of SAROC is included in Appendix 1. SAROC is a committee of the LGA and is responsible to the Board of Directors for the discharge of its functions. As a committee of the LGA, SAROC has a key role in assisting the LGA with the achievement of its objects by: 1. Supporting the activities of the LGA at a regional level; 2. Promoting communication between Members and between Members and the LGA; 3. Advocating in respect of matters which affect the SAROC Regional Group; 4. Encouraging engagement of Members within the SAROC Regional Group with SAROC and the LGA; and 5. Participating in policy development and implementation. As an organisation working to promote and deliver on behalf of regional South Australia, SAROC has developed the following guiding principles it will operate under: 1. A strong partner and voice representing the regions; 2. Working closely with key stakeholders on matters of joint interest; 3. To prioritize and address issues which are common to all regions; 4. To collaborate closely with the LGA and the Greater Adelaide Regional Organisation of Councils (GAROC); and 5. To be nimble, agile and responsive to the needs of regional councils.
LGA of SA ECM 671962 SAROC Strategic Plan 2019-2023 Page 3 of 9
Document Set ID: 671962 Version: 10, VersionOrdinary Date: Council30/07/2019 Meeting 171 of 204 26 August 2019 The SAROC Strategic Plan 2019-2023 Vision For Every South Australian to have the best Local Government Experience Mission The Mission of the South Australian Region Organisation of Councils is: To provide leadership support, representation and advocacy on behalf of regional South Australian Councils for the benefit of the Community. Themes This Strategic Plan has four themes for SAROC to focus on over the next four years. These themes form the basis of the SAROC Annual Business Plan which will be developed each financial year, and will guide the activities and actions of SAROC. The following four themes have been guided by the themes used by Regional LGAs and constituent councils: Theme 1: Economic Development SAROC recognises the important role councils play as local place makers. With the right policy settings and partnerships, regional councils can help to create the best conditions for local businesses to grow and thrive. Theme 2: Community Development SAROC acknowledges the significant contribution regional councils make to community development through public health and community wellbeing activities, and the need for adequate levels of State Government services and funding to support healthy and resilient communities.. Theme 3: Natural and Built Environment SAROC recognises the importance of local government’s role in the future planning and maintenance of South Australia’s natural and built environment. Theme 4: Financial Sustainability and Governance SAROC recognises the challenges regional councils face in attaining and maintaining financial sustainability. SAROC acknowledges that councils proactively improve practices to achieve best practice in financial management, governance and reporting.
Four Year Objectives The following Objectives will guide the activities and actions of SAROC over the next four years. These Objectives will underpin the actions and/or initiatives that SAROC will undertake on an annual basis as identified in its Annual Business Plan.
LGA of SA ECM 671962 SAROC Strategic Plan 2019-2023 Page 4 of 9
Document Set ID: 671962 Version: 10, VersionOrdinary Date: Council30/07/2019 Meeting 172 of 204 26 August 2019 Economic Development Enable advocacy and partnership opportunities that recognise the specific needs of the regions and support councils to drive sustainable economic development. Community Development Support strong, vibrant and cohesive regional communities through advocacy and partnerships that unlock local government’s potential to deliver quality community services and meaningful outcomes in public health and wellbeing. Natural and Built Environment Influence, inform and advocate for the State Government to address policy and legislative barriers that hinder councils from undertaking their roles in maintaining and enhancing the natural and built environment in regional South Australia. Financial Sustainability and Governance Advocate to maximise contributions and investment from other tiers of government to contribute toward local government financial sustainability, and to assist councils to identify opportunities to support and strengthen governance arrangements.
The Role of SAROC The SAROC Terms of Reference identify a range of roles to support the LGA in the delivery of its Objects. SAROC will play the following important roles in achieving its vision and mission and in addressing its four themes and key objectives. Role SAROC will: Regional Advocacy Represent the regions on issues that matter to all regions to the LGA, State and Federal Government and with key stakeholders.
Policy Initiation and Develop policy that is of strategic importance to all regions. Review
Review and advise on policy matters as requested by the LGA.
Leadership Initiate actions and lead activities that provide benefit to all regions.
Develop and maintain relationships with the State and Federal governments.
Engagement and Engage with members within the SAROC Regional Group and Capacity Building in the keep them informed of the activities of SAROC Regions
Actively promote communication between members and between members and the LGA
LGA of SA ECM 671962 SAROC Strategic Plan 2019-2023 Page 5 of 9
Document Set ID: 671962 Version: 10, VersionOrdinary Date: Council30/07/2019 Meeting 173 of 204 26 August 2019 Stakeholders and Partners SAROC recognises that for it to be a successful Regional Organisation of Councils it needs to work in close collaboration and in partnership with its key partners and stakeholders. SAROC also recognises that close engagement and the ability to support the development and capacity building of its partners will also lead to successful outcomes for South Australian regions. As a committee of the Local Government Association, SAROC has identified the following organisations as key partners and stakeholders: LGA Board of Directors and LGA Secretariat Regional councils Regional Local Government Associations Greater Adelaide Regional Organisation of Councils State Government and its agencies Federal Government and its agencies Regional Development Australia Murray Darling Association
Determining Actions and Priorities To assist in identifying the actions and priorities that SAROC will undertake on an annual basis and included within the annual business plan of SAROC, under each of the themes and to support the Objective identified above, SAROC will focus its efforts by taking on the role as defined below:
SAROC Roles Regional Policy Initiation Leadership Engagement and Advocacy and Review Capacity Building Theme in the regions Economic Development Community Development Natural and Built Environment Financial Sustainability and Governance
LGA of SA ECM 671962 SAROC Strategic Plan 2019-2023 Page 6 of 9
Document Set ID: 671962 Version: 10, VersionOrdinary Date: Council30/07/2019 Meeting 174 of 204 26 August 2019 Strategic Plan Implementation and Review Under the SAROC Terms of Reference, SAROC is required to develop an Annual Business Plan which supports the delivery of the Strategic Plan. The Annual Business Plan for the next financial year is to be developed by June of each year and presented to the Board of Directors for approval. The Annual Business Plan provides the specific actions against which the activities of SAROC can be monitored.
LGA of SA ECM 671962 SAROC Strategic Plan 2019-2023 Page 7 of 9
Document Set ID: 671962 Version: 10, VersionOrdinary Date: Council30/07/2019 Meeting 175 of 204 26 August 2019 Appendix 1- List of Regional Group of Members of the South Australian Organisation of Councils SAROC Regional Grouping Members Alexandrina Southern and Hills Councils* Mount Barker *Adelaide Hills Council is a member of the Greater Adelaide Regional Victor Harbor Organisation of Councils (GAROC) Yankalilla Kangaroo Island
Adelaide Plains Legatus Councils Barossa Barunga West Clare and Gilbert Valley Copper Coast Goyder Light Mount Remarkable Northern Areas Orroroo Carrieton Peterborough Wakefield Yorke Peninsula Flinders Ranges Ceduna Eyre Peninsula Cleve Elliston Franklin Harbor Kimba Streaky Bay Tumby Bay Wudinna Lower Eyre Peninsula Port Lincoln Grant Limestone Coast Kingston Mount Gambier Naracoorte Lucindale Robe Tatiara Wattle Range Loxton Waikerie Murraylands and Riverland Mid Murray Karoonda East Murray Coorong District Southern Mallee Berri Barmera Renmark Paringa Murray Bridge Port Augusta Spencer Gulf Cities Port Pirie Whyalla
LGA of SA ECM 671962 SAROC Strategic Plan 2019-2023 Page 8 of 9
Document Set ID: 671962 Version: 10, VersionOrdinary Date: Council30/07/2019 Meeting 176 of 204 26 August 2019 Attachment 2 to 15.3
SAROC Annual Business Plan 2019-2020
LGA of SA ECM 671961 SAROC Annual Business Plan 2019 - 2020
Document Set ID: 671961 Version: 23, VersionOrdinary Date: Council30/07/2019 Meeting 177 of 204 26 August 2019 Introduction The South Australian region organisation of Councils (the SAROC) is one of two regional organisations established by the Local Government Association of South Australia. The SAROC is a committee of the LGA and is responsible to the Board of Directors for the discharge of its functions. One of the functions of the SAROC is to develop in consultation with its members within the SAROC Regional Group a four year Strategic Plan and an annual business plan. This annual business plan should be read in conjunction with the SAROC Strategic Plan, which includes the following Themes and Objectives which will guide the activities and actions of the SAROC over the next four years. Theme 1: Economic Development The SAROC recognises the important role councils play as local place makers. With the right policy settings and partnerships, regional councils can help to create the best conditions for local businesses to grow and thrive. Objective: Enable advocacy and partnership opportunities that recognise the specific needs of the regions and support councils to drive sustainable economic development. Theme 2: Community Development The SAROC acknowledges the significant contribution regional councils make to community development through public health and community wellbeing activities, and the need for adequate levels of State Government services and funding to support healthy and resilient communities.. Objective: Support strong, vibrant and cohesive regional communities through advocacy and partnerships that unlock local government’s potential to deliver quality community services and meaningful outcomes in public health and wellbeing. Theme 3: Natural and Built Environment The SAROC recognises the importance of local government’s role in the future planning and maintenance of South Australia’s natural and built environment. Objective: Influence, inform and advocate for the State Government to address policy and legislative barriers that hinder councils from undertaking their roles in maintaining and enhancing the natural and built environment in regional South Australia. Theme 4: Financial Sustainability and Governance The SAROC recognises the challenges regional councils face in attaining and maintaining financial sustainability. The SAROC acknowledges that councils proactively improve practices to achieve best practice in financial management, governance and reporting. Objective: Advocate to maximise contributions and investment from other tiers of government to contribute toward local government financial sustainability, and to assist councils to identify opportunities to support and strengthen governance arrangements.
LGA of SA ECM 671961 SAROC Annual Business Plan 2019 - 2020
Document Set ID: 671961 Version: 23, VersionOrdinary Date: Council30/07/2019 Meeting 178 of 204 26 August 2019 Reporting and Approval Process This annual business plan links the key activities that the SAROC will undertake on an annual basis to support the implementation of the Strategic Plan. The SAROC annual business plan will be supported by a budget to cover anticipated expenses of the proposed activities to be undertaken during the financial year. The SAROC annual business plan and budget is required to be presented to the LGA Board of Directors for approval by June each year. On a quarterly basis the SAROC will assess its performance against the strategic plan and annual business plan and provide a report to the LGA Board of Directors and member councils.
Other Plans The SAROC recognises the work of other organisations and their plans which support the business of the SAROC, these other plans include: 1. The LGA Strategic Plan and Annual Business Plan 2. The LGA Advocacy Plan 3. LGA Work Plans 4. The LGA Research and Development Fund Annual, Business plan 5. Regional LGA Annual Business Plans
LGA of SA ECM 671961 SAROC Annual Business Plan 2019 - 2020
Document Set ID: 671961 Version: 23, VersionOrdinary Date: Council30/07/2019 Meeting 179 of 204 26 August 2019 SAROC Annual Business Plan 2019-2020
Theme 1: Economic Development
Objective: Enable advocacy and partnership opportunities that recognise the specific needs of the regions and support councils to drive sustainable economic development.
Action Milestone Measurement Budget Link to SAROC role an advocacy strategy has Lobby the Commonwealth and State Tour of the region hosted by $2000 Regional been developed and Government to develop and implement SAROC for Federal MPs to Advocacy implemented as agreed by initiatives that will assist with the growth highlight regional roads which Leadership SAROC and development of regional South would benefit from increased Australia. supplementary road funding. The Minister for Regional Development has been invited and attended a SAROC meeting Carry capacity of the regions Continue to advocate to the State and Population carrying capacity and To be Regional identified by December 2019 Commonwealth Governments for the infrastructure needs (including undertaken Advocacy Commonwealth and State decentralisation of South Australia’s social) identified from within Leadership Government policy and population to support regional South Representation to relevant existing LGA programs support increasing Australia Commonwealth and State MP’s, resources regional SA population Committee and Inquires provided
LGA of SA ECM 671961 SAROC Annual Business Plan 2019 - 2020
Document Set ID: 671961 Version: 23, VersionOrdinary Date: Council30/07/2019 Meeting 180 of 204 26 August 2019 Theme 2: Community Development
Objective: Support strong, vibrant and cohesive regional communities through advocacy and partnerships that unlock local government’s potential to deliver quality community services and meaningful outcomes in public health and wellbeing.
Action Milestone Measurement Budget Link to SAROC role an advocacy strategy Lobby the Commonwealth and State The Minister of Health and the $25,000 Regional has been developed Governments for the provision of CEO of Country Health have been Advocacy and implemented as improved health services invited and attended a SAROC Leadership agreed by SAROC meeting Policy Initiation The health service Health service needs of regional and Review needs of regional communities understood. communities identified A rural/regional workforce policy by 30 June 2020 and plan for whole of states Research to identify regions developed in conjunction sustainable health with regional LGA’s and councils. models for small Sustainable health models for communities small communities developed. undertaken. Investigations into the development of a regional workforce policy and plan commenced. An Increase in materials Work with the State Government and State wide education program Funding Policy Initiation being recycled with less Green Industries SA to develop education developed and released by the opportunities and Review contamination and materials to support increased recycling State Government in 2019. from GISA to Engagement reduced amount of and reduced waste to landfill in regional be identified and Capacity waste going to landfill is communities Building in the able to be measured in Regions future years
LGA of SA ECM 671961 SAROC Annual Business Plan 2019 - 2020
Document Set ID: 671961 Version: 23, VersionOrdinary Date: Council30/07/2019 Meeting 181 of 204 26 August 2019 an advocacy strategy Continue to advocate to Commonwealth Priority blackspot areas in South To be Regional has been developed and State governments for improved Australia identified and mapped. undertaken Advocacy and implemented as telecommunications coverage in regional Funding opportunities identified from within Leadership agreed by SAROC and remote South Australia. and submissions for funding made. existing LGA Level of funding resources received exceeds level of previous years
Theme 3: Natural and Built Environment
Objective: Influence, inform and advocate for the State Government to address policy and legislative barriers that prevent councils from maintaining and enhancing the natural and built environment in regional South Australia.
Action Milestone Measurement Budget Link to SAROC role Number of councils Facilitate the development of Joint Information relating to establishing To be Policy Initiation participating in Joint Planning Boards by councils and assist joint planning board is shared undertaken and Review Planning Boards with the sharing of information. between councils and regions. from within Engagement existing LGA and Capacity resources Building in the Regions an advocacy strategy Participate in the NRM reform process SAROC has advocated on behalf To be Regional has been developed and advocate on behalf of regional of regional councils on the draft undertaken Advocacy and implemented as councils on the draft Landscapes SA Bill Landscapes SA Bill and its from within Leadership agreed by SAROC and its implementation implementation. existing LGA The Minister for Environment and resources Water has been invited and attended a SAROC meeting Funding application is Continue to advocate to the State Funding sought to undertake a Funding source Regional successful Government for the management and study into biological solutions for TBC Advocacy control of native abundant species Little Corellas Leadership
LGA of SA ECM 671961 SAROC Annual Business Plan 2019 - 2020
Document Set ID: 671961 Version: 23, VersionOrdinary Date: Council30/07/2019 Meeting 182 of 204 26 August 2019 SAROC has written to the relevant an advocacy strategy Commonwealth and State has been developed Government Ministers to support and implemented as the replacement of the Dog proof agreed by SAROC fence an advocacy strategy Support the work and resourcing of the Quarterly reports to be provided by $25,000 Engagement has been developed Coastal Councils Alliance the Coastal Council Alliance on and Capacity and implemented as actions and activities undertaken Building in the agreed by SAROC by the Alliance Regions Number of councils engaged Number of councils Facilitate local government discussion An annual meeting of the MDA $2000 Regional engaged relating to water policy including member councils is held to discuss Advocacy advocating for a national water policy issues relating to water policy, prior Leadership to the MDA AGM
Theme 4: Financial Sustainability and Governance
Objective: Advocate to maximise contributions and investment from other tiers of government to contribute toward local government financial sustainability, and to assist councils to identify opportunities to support and strengthen governance arrangements.
Action Milestone Measurement Budget Link to SAROC role Level of funding received Develop a regional waste management Draft regional waste Funding Regional from the State strategy to enable the coordination of management strategy opportunities Advocacy government to support the waste and recycling infrastructure across completed for consultation from GISA to implementation of the regions purposes by 30 June 2020 be identified strategy $30,000
LGA of SA ECM 671961 SAROC Annual Business Plan 2019 - 2020
Document Set ID: 671961 Version: 23, VersionOrdinary Date: Council30/07/2019 Meeting 183 of 204 26 August 2019 Take up of the agreement Progress the development of a joint Draft agreement developed and $5000 Engagement by councils agreement between councils and DPTI to consulted on by 30 June 2020 and Capacity enable the establishment of an efficient Building in the road maintenance program. Regions
LGA of SA ECM 671961 SAROC Annual Business Plan 2019 - 2020
Document Set ID: 671961 Version: 23, VersionOrdinary Date: Council30/07/2019 Meeting 184 of 204 26 August 2019 Regional LGA Work Plans The network of regional Local Government Associations across South Australia plays a vital role in supporting and advocating for local government and regional communities. As there is a strong connection and a shared membership between regional LGAs and SAROC, there is a significant amount of alignment between the strategic objectives of SAROC and the work plans and priorities of regional LGAs. While these projects will be progressed and resources separately from the SAROC Annual Business Plan, it is important that SAROC and the LGA have a complete picture of the work that is proposed to occur across the local government sector that furthers the strategic objectives of SAROC. As such, SAROC provides an opportunity for regional LGAs, as required, to bring forward items of business for discussion and debate and for information sharing and engagement on the key matters being progressed by regional LGAs that are of interest or benefit to regional councils.
LGA of SA ECM 671961 SAROC Annual Business Plan 2019 - 2020
Document Set ID: 671961 Version: 23, VersionOrdinary Date: Council30/07/2019 Meeting 185 of 204 26 August 2019 15.4 Timeframes for Development Applications
Governance and Executive Department: Office
Report Author: Chief Executive Officer
Date: 26 August 2019 Document No: D19/41026
OVERVIEW Purpose The purpose of this report is to, in accordance with Resolution 2019/231, provide Council with a report outlining processes that will bring certainty to development assessment timeframes at Adelaide Plains Council.
Background At its Ordinary Meeting on 27 May 2019, Council resolved as follows:- Motion Without Notice – Development Applications Moved Councillor Lush Seconded Councillor Di Troia 2019/231 “that the Chief Executive Officer brings back a report outlining processes that will bring certainty to specific timelines for processing building applications for various categories of development.” CARRIED Discussion Current Planning System The development assessment process in South Australia is currently guided by the Development Act 1993 and Development Regulations 2008. Statutory timeframes for development assessment are therefore determined by the State Government to ensure uniformity across all local council planning departments. The statutory timeframes differ depending on the complexity of the development proposal and on whether or not public consultation or a formal referral is required. For example, ‘Complying’ developments have a statutory timeframe of 10 business days from lodgement of the application to the issuing of a decision by Council. A ‘Merit’ application, which requires a referral, has a timeframe of 90 business days. A significant number of applications lodged with APC, including land divisions, fall under the ‘Non- Complying’ category, which require concurrence from the State Government before Council can issue a decision. This means that after completing its own internal application assessment, APC has to refer the application to the State Government, which then has its own timeframe of 12 weeks to provide a statement of concurrence back to Council.
Ordinary Council Meeting 186 of 204 26 August 2019 The degree to which APC is able to meet the legislated assessment timeframes can be dependent on a number of factors, including the quality of the original development application lodged with Council. For example, whether or not the correct plans and documents have been included with the application or how long requests for further information take to resolve. In addition, issues such as staff resourcing and internal processes and referrals (e.g. development engineering and wastewater) can also impact on development assessment processing times.
Transition to New Planning System In 2020, all councils in South Australia will be required to transition to a new planning system under the Planning, Development and Infrastructure Act 2016 (PDI Act). The purpose of the new system is to assist in faster approvals through the streamlining and digitisation of development assessment processes. APC forms part of the Greater Adelaide Councils Area which will be transitioning to the new planning system and the online Planning and Design Code (replacing all Council Development Plans) in July 2020. Regional councils will transition in April 2020. The new PDI Act supports a digital approach to assessment, with all information associated with a new development filed and stored in “ePlanning”. This is an online assessment system accessed via the SA Planning Portal platform and hosted by the Department of Planning, Transport and Infrastructure (DPTI). Assessment of all development applications will be undertaken solely within the new ePlanning portal. Both planning and building consents will be undertaken within ePlanning, enabling end-to-end processing of a development application in one location. Management is currently undertaking a procurement process to purchase online assessment software to enable the transition to the new ePlanning system. DPTI considers that although there will be an initial financial burden on Councils in getting their systems up to the necessary operating level for the new ePlanning system, once implemented, there are likely to be significant time and cost savings as a result of the new system. For example, Council’s administrative costs both in staff time and in printing costs for printing plans, development applications and reports will be drastically reduced. DPTI considers that there could be an indicative saving of $50-$200 per development application for each Council and savings of between $15,000 to $70,000 for smaller councils in terms of overall cost savings. With regard to the statutory timeframes for development assessment under the new planning system, these are currently being determined by DPTI as part of the development of the new Development Regulations. Once finalised, the decision making timeframes for development assessment will be enforced state wide across South Australia. Individual councils will not have the authority to amend these. A key difference under the new system will be that as the SA Planning Portal is a DPTI managed platform, the monitoring of development assessment processes and timeframes for decision making will be far more transparent. If development assessment timeframes by APC are not met, this will be identified through the SA Planning Portal. In addition, it is proposed that under the new system, development applications that are not determined within the statutory timeframes will be eligible for the granting of deemed consent. As a consequence, there is a risk that unsuitable developments will be approved if APC’s development assessment team has not issued a decision within the required period.
Ordinary Council Meeting 187 of 204 26 August 2019 It will therefore be crucial that the development assessment team has the necessary staff and technical resources in places, as well as administrative support and processes, to ensure that they are able to meet the statutory assessment timeframes under the new planning system.
Organisational Restructure The Chief Executive Officer’s recent organisational review and restructure, which includes the separation of the development services and regulatory/compliance functions, will also assist in expediting development application assessment times by APC. The new Team Leader of Development Assessment will undertake the assessment of complex development applications (land division and land use) while also managing the Development Assessment team (both planning and building). In addition, the appointment of a Development Engineer within Council’s Infrastructure and Environment team will help to expiate internal referral processes that require an engineering assessment. Currently APC is using external development engineers for assessment referrals, which adds significant delays to the development assessment process. It is anticipated that the new additions to Council’s Development Assessment team and Infrastructure and Environment team will result in greater efficiencies and response times within the Development Services Team.
Summary The statutory timeframes for development assessment processes are established through state planning legislation, not by individual councils. Public notification requirements and referral processes can add to delays in the assessment process, as can the completeness of the original development application and the need for further information requests. The extent to which APC is able to comply with the statutory timeframes can also depend on issues such as staff resourcing and internal processes and referrals. In 2020, all councils in South Australia will be required to transition to a new planning system which will be focussed on faster approvals through the streamlining and digitisation of development assessment processes. In addition, the Chief Executive Officer’s recent organisational restructure has been designed to assist in expediting development application assessment times by APC through the separation of the development assessment and regulatory functions and the appointment of two new positions - a Team Leader of Development Assessment and a Development Engineer.
RECOMMENDATION “that Council, having considered Item 15.4 – Timeframes for Development Applications, dated 26 August 2019, receives and notes the report.”
Ordinary Council Meeting 188 of 204 26 August 2019
______Attachments
Nil
References
Development Act 1993 Development Regulations 2008
Planning, Development and Infrastructure Act 2016
Ordinary Council Meeting 189 of 204 26 August 2019 16.1 Barraba Road
Document No: D19/41305
Report Date: 26 August 2019 Questions Councillor Keen submitted by:
Councillor Keen gave notice of her intention to ask the following questions:
Preamble Following community concerns regarding life expectancy of our unsealed roads as I am already receiving reports of Barraba Road breaking down from the residents who use the road:
Question 1: When was Barraba Road re-sheeted?
Answer: Barabba Road has been re-sheeted in stages.
Asset Description Asset Type Year Created Surface - Barabba Road (005) from Mallala - Two Rural (Cat 1) Sheeted 2006/2007 Wells Road to 1.28km Surface Type Surface - Barabba Road (010) from Mallala - Rural (Cat 1) Sheeted 2016/2017 1.28km to 2.21km Surface Type Surface - Barabba Road (005) from Mallala - Rural (Cat 1) Sheeted 2016/2017 2.21km to Butler Street Surface Type Surface - Barabba Road (020) from Butler Street to Rural (Cat 1) Sheeted 2017/2018 Redbanks Road Surface Type Surface - Barabba Road (025) from Redbanks Road Rural (Cat 1) Sheeted 2016/2017 to Davies Road Surface Type Surface - Barabba Road (030) from Davies Road to Rural (Cat 1) Sheeted 2016/2017 Wasleys Road Surface Type Surface - Barabba Road (035) from Wasleys Road Rural (Cat 1) Sheeted 2014/2015 to Collins Surface Type Surface - Barabba Road (040) from Collins Road to Rural (Cat 1) Sheeted 2016/2017 Marshman Road Surface Type Surface - Barabba Road (045) from Marshman Rural (Cat 1) Sheeted 2016/2017 Road to Fidge Road Surface Type Surface - Barabba Road (050) from Fidge Road to Rural (Cat 2) Sheeted 1989/1990 Wilson Road Surface Type Surface - Barabba Road (055) from Wilson Road to Rural (Cat 2) Sheeted 1989/1990 Hamley-Barabba Road Surface Type Council’s unsealed road network, including Barabba Road, was inspected in 2018-2019. These inspections include collection of drainage infrastructure, material depth and other important road condition characteristics to determine the condition of the roads and remaining useful life. All segments of Barabba Road are appropriately positioned on the relevant asset deterioration curve.
Ordinary Council Meeting 190 of 204 26 August 2019 Deterioration curves quantify the residual life of assets and for different condition grades with and without maintenance, allowing the user to evaluate their deterioration over time (years). Deterioration rates in these curves are based on the experiences of a range of practitioners, asset managers and consulting engineers (Tonkin’s) with regard to deterioration of assets.
Question 2: How many tons were used?
Answer: Barabba Road has been re-sheeted in stages and used the following estimated tonnage:-
Asset Description Asset Type Estimated Tonnes Used Surface - Barabba Road (005) from Mallala - Two Rural (Cat 1) Sheeted 2312 Wells Road to 1.28km Surface Type Surface - Barabba Road (010) from Mallala - Rural (Cat 1) Sheeted 1543 1.28km to 2.21km Surface Type Surface - Barabba Road (005) from Mallala - Rural (Cat 1) Sheeted 1206 2.21km to Butler Street Surface Type Surface - Barabba Road (020) from Butler Street to Rural (Cat 1) Sheeted 4323 Redbanks Road Surface Type Surface - Barabba Road (025) from Redbanks Road Rural (Cat 1) Sheeted 1153 to Davies Road Surface Type Surface - Barabba Road (030) from Davies Road to Rural (Cat 1) Sheeted 1827 Wasleys Road Surface Type Surface - Barabba Road (035) from Wasleys Road Rural (Cat 1) Sheeted 5499 to Collins Surface Type Surface - Barabba Road (040) from Collins Road to Rural (Cat 1) Sheeted 7002 Marshman Road Surface Type Surface - Barabba Road (045) from Marshman Rural (Cat 1) Sheeted 6301 Road to Fidge Road Surface Type Surface - Barabba Road (050) from Fidge Road to Rural (Cat 2) Sheeted 2147 Wilson Road Surface Type Surface - Barabba Road (055) from Wilson Road to Rural (Cat 2) Sheeted 1243 Hamley-Barabba Road Surface Type
Question 3: What was the total cost?
Answer: Barabba Road has been re-sheeted in stages and the following costs were incurred:-
Asset Description Asset Type Total Cost Cost Derived From Surface - Barabba Road (005) from Rural (Cat 1) $ asset Mallala - Two Wells Road to 1.28km Sheeted Surface 51,938 replacement Type cost
Ordinary Council Meeting 191 of 204 26 August 2019 Surface - Barabba Road (010) from Rural (Cat 1) $ capital cost Mallala - 1.28km to 2.21km Sheeted Surface 42,022 Type Surface - Barabba Road (005) from Rural (Cat 1) $ asset Mallala - 2.21km to Butler Street Sheeted Surface 27,085 replacement Type cost Surface - Barabba Road (020) from Rural (Cat 1) $ capital cost Butler Street to Redbanks Road Sheeted Surface 83,076 Type Surface - Barabba Road (025) from Rural (Cat 1) $ capital cost Redbanks Road to Davies Road Sheeted Surface 25,387 Type Surface - Barabba Road (030) from Rural (Cat 1) $ capital cost Davies Road to Wasleys Road Sheeted Surface 40,252 Type Surface - Barabba Road (035) from Rural (Cat 1) $ asset Wasleys Road to Collins Sheeted Surface 123,528 replacement Type cost Surface - Barabba Road (040) from Rural (Cat 1) $ capital cost Collins Road to Marshman Road Sheeted Surface 140,216 Type Surface - Barabba Road (045) from Rural (Cat 1) $ capital cost Marshman Road to Fidge Road Sheeted Surface 102,986 Type Surface - Barabba Road (050) from Rural (Cat 2) $ asset Fidge Road to Wilson Road Sheeted Surface 39,948 replacement Type cost Surface - Barabba Road (055) from Rural (Cat 2) $ asset Wilson Road to Hamley-Barabba Road Sheeted Surface 23,139 replacement Type cost
Question 4: What were the test results of rubble use on Barraba Road?
Answer: Specific rubble tests were not undertaken for any Barabba Road re-sheets.
Question 5: Did the rubble meet DPTI Specifications?
Answer: DPTI does not provide a specification for material selected for the replacement of wearing course on unsealed roads (re-sheeting). Council utilise Australian Road Research Board (ARRB) - Unsealed roads manual: Guidelines to good practice - 3rd edition 2009 when carrying out road re- sheets.
Ordinary Council Meeting 192 of 204 26 August 2019 21.1 Confidential Item
26 August 2019
21.1 Drought Communities Programme Update - August 2019
Ordinary Council Meeting 193 of 204 26 August 2019 RECOMMENDATION
“that:-
1. Pursuant to section 90(2) of the Local Government Act 1999, Council orders that all members of the public, except Chief Executive Officer, General Manager – Governance and Executive Office, General Manager – Development and Community, General Manager – Finance and Business, General Manager – Infrastructure and Environment, Property Officer, Community Development Officer and Governance Officer/Minute Taker be excluded from attendance at the meeting of Council for Agenda Item 21.1 – Drought Communities Programme Update – August 2019;
2. Council is satisfied that pursuant to section 90(3)(b) of the Local Government Act 1999, Item 21.1 – Drought Communities Programme Update – August 2019 concerns commercial information the disclosure of which could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting business, or to prejudice the commercial position of Council, being information relating to ongoing negotiations; and
3. Council is satisfied that the principle that Committee meetings should be conducted in a place open to the public has been outweighed by the need to keep the information, matter and discussion confidential.”
Ordinary Council Meeting 194 of 204 26 August 2019
RECOMMENDATION
“that Council, having considered the matter of Item 21.1 – Drought Communities Programme Update – August 2019 in confidence under sections 90(2) and 90(3)(b) of the Local Government Act 1999, resolves that:-
1. The Report, Attachment 1 and Attachment 2, and any other associated information submitted to this meeting pertaining to Agenda Item 21.1 – Drought Communities Programme Update – August 2019 remain confidential and not available for public inspection until further order of the Council;
2. Pursuant to section 91(9)(a) of the Local Government Act 1999, the confidentiality of the matter will be reviewed every 12 months; and
3. Pursuant to section 91(9)(c) of the Local Government Act 1999, Council delegates the power to revoke this confidentiality order to the Chief Executive Officer.”
Ordinary Council Meeting 204 of 204 26 August 2019