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2017/1
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
MINUTES OF THE MEETING OF THE BAROSSA COUNCIL
held on Tuesday 24 January 2017
commencing at 9.00am in the
Council Chambers, 43-51 Tanunda Road, Nuriootpa
1.1 WELCOME
Mayor Sloane declared the meeting open at 9.00am.
1.2 MEMBERS PRESENT
Mayor Bob Sloane, Crs Scotty Milne (Deputy Mayor), Mark Grossman, John Angas,
Dave de Vries, Michael (Bim) Lange, Margaret Harris, Tony Hurn, Leonie Boothby,
Michael Seager and Richard Miller
1.3 LEAVE OF ABSENCE
Nil
1.4 APOLOGIES
Cr Christopher Harms
MOVED Cr Grossman that the apology from Cr Harms be accepted.
Seconded Cr de Vries CARRIED 2014-18/895
1.5 MINUTES OF PREVIOUS COUNCIL MEETINGS
MOVED Cr Milne that the Minutes of the Council meeting held on Tuesday 20
December 2016 at 9.00am, as circulated, be confirmed as a true and correct record of
the proceedings of that meeting.
Seconded Cr Harris CARRIED 2014-18/896
MOVED Cr de Vries that the Minutes of the Confidential Council meeting held on
Tuesday 20 December 2016 at 10.10am, as circulated, be confirmed as a true and
correct record of the proceedings of that meeting.
Seconded Cr Miller CARRIED 2014-18/897
MOVED Cr Milne that the Minutes of the Confidential Council meeting held on Tuesday
20 December 2016 at 10.51am, as circulated, be confirmed as a true and correct
record of the proceedings of that meeting.
Seconded Cr Grossman CARRIED 2014-18/898
MOVED Cr de Vries that the Minutes of the Confidential Council meeting held on
Tuesday 20 December 2016 at 10.53am, as circulated, be confirmed as a true and
correct record of the proceedings of that meeting.
Seconded Cr Seager CARRIED 2014-18/899
2017/2
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
MOVED Cr Milne that the Minutes of the Confidential Council meeting held on Tuesday
20 December 2016 at 10.58am, as circulated, be confirmed as a true and correct
record of the proceedings of that meeting.
Seconded Cr Miller CARRIED 2014-18/900
MOVED Cr de Vries that the Minutes of the Confidential Council meeting held on
Tuesday 20 December 2016 at 11.01am, as circulated, be confirmed as a true and
correct record of the proceedings of that meeting.
Seconded Cr Angas CARRIED 2014-18/901
MOVED Cr Lange that the Minutes of the Confidential Council meeting held on Tuesday
20 December 2016 at 11.06am, as circulated, be confirmed as a true and correct
record of the proceedings of that meeting.
Seconded Cr Milne CARRIED 2014-18/902
1.6 MATTERS ARISING FROM PREVIOUS COUNCIL MEETING
Nil
1.7 NOTICE OF MOTION
Nil
1.8 QUESTIONS ON NOTICE
Nil
2. MAYOR
2.1 MAYOR’S REPORT
A copy of Mayor Sloane’s activities from 13 December 2016 to 17 January 2017 was
included with the agenda for this meeting.
MOVED Cr de Vries that the Mayor’s report be received.
Seconded Cr Milne CARRIED 2014-18/903
3. COUNCILLOR REPORTS
Nil
4. CONSENSUS AGENDA
5. ADOPTION OF CONSENSUS AGENDA
5.1 ITEMS FOR EXCLUSION FROM THE CONSENSUS AGENDA
Cr Milne 4.3.1.1 – Local Government (Building Upgrade Agreements) Regulations 2016
5.2 RECEIPT OF CONSENSUS AGENDA
MOVED Cr Harris that the information items contained in the Consensus Agenda with
the exception of 4.3.1.1 Local Government (Building Upgrade Agreements) Regulations
2016be received and that any recommendations contained therein be adopted.
Seconded Cr Lange CARRIED 2014-18/904
5.1 DEBATE OF ITEMS EXCLUDED FROM THE CONSENSUS AGENDA
4.3.1 GROUP MANAGER CORPORATE SERVICES - CONSENSUS
4.3.1.1
LOCAL GOVERNMENT (BUILDING UPGRADE AGREEMENTS) REGULATIONS 2016
2017/3
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
B4692 The State Government’s consultation on its proposed Building Upgrade Finance scheme, of
which the draft Local Government (Building Upgrade Agreements) Regulations 2016 (“the
Regulations”) are a part, concluded on 20 January 2017. A copy of the draft Regulations is
attached for Members’ information. Also attached, is a fact sheet on the Building Upgrade
Finance (“BUF”) mechanism.
In summary, the purpose of BUF is to help building owners to access loans to improve the energy,
water and environmental efficiency of existing commercial buildings (and industrial, etc). In an
Australian first, heritage works to or within heritage buildings, including works associated with
Building Code and disability access compliance, will be eligible to access the mechanism.
Residential buildings are not eligible to access the mechanism.
Under the BUF mechanism, a local council, a commercial building owner and a financier can
voluntarily enter into a building upgrade agreement. Under this agreement, the building owner
agrees to undertake upgrade works in respect of their building, the financier agrees to advance
money to the building owner for the purpose of funding the upgrade works, and the council
agrees to declare a building upgrade charge against the land on which the building is situated.
This charge is then paid by the building owner to the council a repayment of finance. The
council then passes the repayment on to the financier once received from the building owner.
As a result of the arrangement, the loan is effectively tied to the property rather than the
property owner. In the event of the transfer of ownership of the property, the charge can
remain with the property if the purchaser so agrees. The building upgrade charge effectively
secures the loan, as it is ranked in priority to mortgages and liabilities to the Crown should the
council exercise its statutory power of sale in respect of the charge. This provides heightened
security to financiers, allowing them to offer the finance to building owners on more attractive
terms.
The Corporate Management Team has been considering the proposed legislation and
processes in regard to additional resources and systems required to establish, maintain, operate,
register and report on the additional arrangements.
Cr Milne referred to the draft Local Government (Building Upgrade Agreements)
Regulations 2016 and asked whether there was compulsion upon Council to be
involved or is there an option to opt out if they choose.
Mr Mark Lague, Group Manager Corporate Services advised that the draft Regulations
consultation phase has recently concluded and that further information will be
provided to Council as it comes to hand.
MOVED Cr Milne that the report 4.3.1.1 be received and that further information on the
draft Local Government (Building Upgrade Agreements) Regulations 2016 be provided
to Council when it is available.
Seconded Cr Miller CARRIED 2014-18/905
6. VISITORS TO THE MEETING/ADJOURNMENT OF MEETING
6.1 VISITORS TO THE MEETING
9.30am – Presentation of Youth Grant Certificate to Kate Moffett - refer Minute Page
2017/16.
6.2 ADJOURNMENT OF COUNCIL MEETING
Nil
7. DEBATE AGENDA
7.1 MAYOR – DEBATE
2017/4
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
7.1.1
REVIEW OF ORDER UNDER CONFIDENTIALITY PROVISIONS OF THE LOCAL GOVERNMENT
ACT – MID YEAR CHIEF EXECUTIVE OFFICER PERFORMANCE TARGET REPORT – 17 FEBRUARY
2015
MOVED Cr de Vries that Council in compliance with Section 90(9)(a) of the Local
Government Act (Act) and having reviewed the confidentiality orders of 17 February
2015 and 27 January 2016 made in accordance with Section 90(3)(a) of the Act, in
the matter of the Mid-Year Chief Executive Officer Performance Report resolve that
the attachments, performance review documents and agenda remain confidential
and that Council reviews the said order prior to 24 January 2018.
Seconded Cr Harris CARRIED 2014-18/906
INTRODUCTION
On 17 February 2015 Council passed a resolution as follows:
That Council having considered this matter in confidence under Section 90(2) and (3) (a)
(being information the disclosure or which would involve the unreasonable disclosure of
information concerning the personal affairs of any person (living or dead)) of the Local
Government Act 1999 makes an order pursuant to Section 91(7) of the Act that all
supporting attachments and performance review documents and agenda of the
Confidential Council meeting held on 17 February 2015 in relation to confidential item
8.1.1 mid-year CEO Performance Report and not available for public inspection other
than the minutes relating to this confidentiality order, until the conclusion of the Chief
Executive Officer’s employment.
Any order made by Council that operates for a period extending for more than 12 months
must be reviewed at least once in every year.
This order was reviewed on 27 January 2016 and thus is due for renewal at this meeting of 24
January 2017.
COMMENT
The conditions of the order remain consistent with that considered at the meeting of 17
February 2015 and 27 January 2016 - that the relevant information pertains to the employment
performance of the Chief Executive Officer as contemplated by Section 90(3)(a) and 90(9)(b)
of the Act; it is therefore considered appropriate to maintain the order as is.
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
How We Work – Good Governance Local Government Act 1999, S90 and S91
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Failure to keep this matter confidential could expose Council to reputational risk and
compromise the integrity of the review process.
COMMUNITY CONSULTATION
No public consultation is required or considered appropriate.
7.2.1 EXECUTIVE SERVICES – ACTING CHIEF EXECUTIVE OFFICER - DEBATE
7.2.1.1
NOMINATION OF CR MICHAEL (BIM) LANGE TO THE LOCAL GOVERNMENT ADVISORY
COMMITTEE ON THE IMPLEMENTATION OF THE NEW PLANNING SYSTEM
B535 17/976
2017/5
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
Mayor Sloane sought the leave of the meeting for Cr Lange to provide a short
presentation on why he wished to nominate for a position on the Local Government
Advisory Committee on the Implementation of the New Planning System.
The leave of the meeting was granted and Cr Lange made a verbal presentation.
Pursuant to S75 of the Local Government Act 1999 Cr Lange disclosed a perceived
conflict of interest in the matter 7.2.1.1 – Nomination of Cr Michael (Bim) Lange to the
Local Government Advisory Committee on the Implementation of the New Planning
System as he is the subject of the report.
Cr Lange advised Council of his conflict of interest and left the meeting at 9.17am.
MOVED Cr Milne that Council endorse the nomination of Cr Michael (Bim) Lange to the
Local Government Advisory Committee, and that the Chief Executive Officer be
authorised to complete all necessary documentation and forward it to the Local
Government Association of South Australia by the closing date.
Seconded Cr de Vries CARRIED 2014-18/907
PURPOSE
To seek endorsement of Council for the nomination of Cr Michael (Bim) Lange to the Local
Government Advisory Committee, which is to advise the Minister for Planning on the
implementation of the new planning system.
REPORT
Background
The Planning, Development and Infrastructure Act 2016 was assented to in April 2016, the
Minister for Planning is now seeking nominations for membership to the Local Government
Advisory Committee, for a term not exceeding twelve months.
Introduction
A call for nominations for the Advisory Committee has been made by the LGA. Refer to Circular
51.5 (Attachment 1).
A copy of the Terms of Reference for the Committee is provided in Attachment 2.
Nominations close on 9 February 2017.
The LGA Executive Committee will consider nominations received at its meeting on Thursday 23
February 2017.
Discussion
Cr Lange has expressed an interest in nominating for a position on the Advisory Committee.
Nominations for a position must provide the necessary nomination form addressing the Selection
Criteria (Attachment 3) and provision of a resume/CV to meet the requirements set by the State
Government.
Summary and Conclusion
The LGA is seeking nominations for the Local Government Advisory Committee on the
Implementation of the new Planning System. Cr Lange has expressed an interest in nominating
for a position on the Advisory Committee.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Attachment 1 – LGA Circular 51.5
Attachment 2 – Terms of Reference
Attachment 3 – Nomination to Outside Bodies Form: Part B
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
2017/6
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
Natural Environment and Built Heritage
Community and Culture
Infrastructure
Health and Wellbeing
Business and Employment
Corporate Plan
No current linkage, corporate plan will be updated to ensure regional and state representation is
captured in the plan.
Legislative Requirements
Planning, Development and Infrastructure Act 2016
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Nil
COMMUNITY CONSULTATION
Nil
Cr Lange returned to the meeting at 9.19am.
7.2.1.2
TANUNDA RECREATION PARK – UPDATED MASTER PLAN
B5708
Author: Community Project Director
MOVED Cr Hurn that Council:
(1) Receives, notes and endorses the latest updated, draft Tanunda Recreation
Park Master Plan dated 22 September 2016 Trim Ref: 17/542 for community
consultation; noting that the Master Plan may be subject to future amendment
and budget consideration as required.
(2) Endorses the Community Consultation Plan to obtain feedback on the revised
plan Trim Ref: 17/1003 for the period 30 January to 3 March 2017 inclusive and
bring a further report on the outcome of the consultation to the 21 March 2017
Council Meeting.
(3) Thanks the Tanunda Recreation Park Advisory Group for its work in the ongoing
development of the draft Master Plan.
Seconded Cr de Vries CARRIED 2014-18/908
PURPOSE
To present the current draft version of the Tanunda Recreation Park Master Plan for
consideration by Council.
REPORT
Background
At its meeting on the 16 July 2013 Council resolved that:
2017/7
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
MOVED Cr Lykke
That the draft plan (sic Tanunda Recreation Park Master Plan) be received and made
available for public consultation. Seconded Cr de Vries CARRIED
At its meeting on the 22 January 2014 Council resolved that:
MOVED Cr Miller
That Council endorse the Tanunda Recreation Park Master Plan as a working concept
plan, acknowledging that the plan is subject to future amendment as required and
future budget considerations. Seconded Cr Lykke CARRIED
Since 2014, the former Tanunda Recreation Park Section 41 Committee has transitioned to an
informal community advisory capacity as part of Council’s Redefining Community Committees
initiative. The group, made up of the park user groups, continues to meet regularly and actively
engage with Council Officers and Elected Members on an ongoing basis.
Some of the work detailed in the endorsed 2014 working concept Master Plan (refer Attachment
1) has been carried out, most notably completion of the additional and upgraded tennis and
netball courts.
Other work such as the removal of the poultry shed given its deteriorating condition and to allow
for the future proposed extension of the Show Hall, has also been undertaken. The concept
plan as anticipated in the original Council resolution, has been developed and changed over
the intervening period.
Discussion
The Tanunda Recreation Park Advisory Group endorsed the updated plan for its own purposes
at its meeting on the 21 September 2016 (refer Attachment 2). The individual user groups
making up the Group confirmed their endorsement at the meeting on the 19 October 2016
(refer Attachment 3). The updated Master Plan is provided as Attachment 4.
As 2 years has passed since this matter last came to Council and the current draft iteration of
the Master Plan that the community committee is now working with is somewhat different to that
currently endorsed by Council, it is an appropriate time for the latest version to be formally
presented to Council.
Also “The Big Project” and the collaborative work now underway with South Australian Cricket
Association, Cricket Australia and South Australian National Football League means that the
current version of the plan is being used as the reference point for those discussions and it is
important to ensure that it is supported as those activities continue and Council seeks funding to
implement.
That will still allow for the Master Plan to be further refined and adapted during the phasing and
implementation process. It should be noted that discussions are still continuing with Tanunda
Bowling Club to look at further changes they may wish to make within the current footprint of
their leased land to allow for their expansion plans and to support the inclusion of the second,
oval (junior code size).
The prioritisation, phasing and costing of the updated concept plan still has to be completed.
Officers have instructed an electrical consulting engineer to validate the work done at a club
and local level around the electrical load and capacity requirements of the proposed changes
to the facility to ensure that the demand can be provided and understand the cost of
infrastructure upgrades that may be required. The whole of life costs of the revised proposals will
need to be factored into the feasibility study for the precinct and the overall “Big Project” (for
example items such as the long term maintenance cost of a second oval is not included in the
current Long Term Financial Plan).
Officers acknowledge the work of the volunteer group in the continued development of the
draft Master Plan and the in kind contribution of JBG Architects in the associated design work.
2017/8
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
Conclusion and Recommendation
With the development work done on the Tanunda Recreation Park Master Plan since it was last
considered and endorsed by Council and the momentum of work for “The Big Project”, it is now
an appropriate time for Elected Members to review the Master Plan.
Officers recommend endorsement and note that it continues to be developed and refined as a
basis for future action.
A process for community consultation is recommended and provided in Attachment 5.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Attachment 1 Tanunda Recreation Park Master Plan July 2013
Attachment 2 Tanunda Recreation Park Advisory Group minutes 21.09.2016
Attachment 3 Tanunda Recreation Park Advisory Group minutes 19.10.2016
Attachment 4 Tanunda Recreation Park Updated Draft Master Plan 22.09.2016 (1626-
A001-E) Trim Ref: 17/542
Attachment 5 Community Consultation Plan – Tanunda Recreation Park Master Plan
Update Trim Ref: 17/1003
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Legislation
Local Government Act 1999
Community Plan – Themes
Community and Culture
Infrastructure
Health and Wellbeing
Business and Employment
Corporate Plan
How We Work – Good Governance
3.3 Ensure Councils sporting, recreational and leisure grounds and playing arena
and associated programs meet the current need of the community to an
agreed level of service.
3.9 Ensure Council facilities and assets are accessible, safe and maintained to an
agreed level of service.
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Financial
The Master Plan will be prioritised, phased and costed as part of “The Big Project” feasibility study
work with associated costs taken from the approved project budget GL 440.
The cost of the proposed Community Consultation Plan will be met from “The Big Project”
2016/17 budget.
Resource
The project management work now falls within the scope of “The Big Project” with dedicated
input from Director, Community Projects. Consultation and promotion support from the
Communications and Marketing Officers.
Risk Management
The purpose of bringing this report to Council for the endorsement of the updated Master Plan
at this point is to avoid the risk of Council and the broader community having a different
understanding of what it is intended to deliver for the Tanunda Recreation Park precinct.
2017/9
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
As consultation has already taken place and the changes are still consistent with the original
intent and use of the facility it is recommended that a limited consultation process can be
adopted for this purpose.
COMMUNITY CONSULTATION
As detailed in the Community Consultation Plan Trim Ref: 17/1003 (refer Attachment 4).
7.2.1.3
DEVELOPMENT, PLANNING AND INFRASTRUCTURE ACT - IMPLEMENTATION
B4319
MOVED Cr Milne that Council:
(1) Note that funds may be required as part of Council’s contribution to the SA Planning
Portal, and if required set aside funds within Council’s Long Term Financial Plan.
(2) Acknowledge that the Chief Executive Officer may appoint an interim Assessment
Manager in accordance with the requirements of the Planning, Development and
Infrastructure Act.
(3) Support Council Administration to commence negotiation with adjoining Councils
and other entities to investigate the potential for establishing a Joint Planning Board
and/or Regional Assessment Panel in accordance with the requirements of the
Planning, Development and Infrastructure Act, and report back to Council on the
outcomes of those investigations, within a timeframe to enable the recruitment and
appointment of members to a Board or Panel (if so determined).
(4) Have the Director, Development and Environmental Services report back to Council
on the reappointment of the Development Assessment Panel in line with the
Assessment Panel requirements pursuant to the transitional arrangements under the Planning, Development and Infrastructure Act and the Statutes Amendment
(Planning, Development and Infrastructure) Bill 2016.
Seconded Cr de Vries CARRIED 2014-18/909
PURPOSE
To provide Council with an update on the proposed implementation of the Development,
Planning and Infrastructure Act 2016, and seek opportunity to investigate the interest and
opportunity to establish a Joint Planning Board and/or Regional Assessment Panel in
accordance with the requirements of the Planning, Development and Infrastructure Act.
REPORT
Background
The passing of the Planning, Development and Infrastructure Act 2016 on 21 April 2016 will see
an overhaul to South Australia’s planning system.
The Act will be brought into operation in stages over the next few years via a transitional bill, the
Statutes Amendment (Planning, Development and Infrastructure) Bill 2016. The Transitional Bill
sets out the process of moving from the Development Act 1993 to the new legislation, along with
the drafting of new Regulations.
A consensus agenda report was provided at the December 2016 Council meeting following
receipt of correspondence from the Department of Planning, Transport and Infrastructure. The
report contained a copy of the implementation Road Map and summary of the key changes
and timeframes.
Given the timeframes indicated in the Road Map, this reports seek to provide Council with
further consideration in regard to the implementation of the Act, in order for Council
Administration to further assess the regional opportunities presented by the new system, and
give consideration to the financial and human resources need for the system.
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The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
Introduction
Pursuant to the Statutes Amendment (Planning, Development and Infrastructure) Bill 2016 the
following provisions of the Act will come into operation on 1 April 2017.
Part 2—Objects, planning principles and general responsibilities
Division 1—Objects and planning principles
12 Objects of Act
13 Promotion of objects
14 Principles of good planning
Part 3—Administration
Division 1—State Planning Commission
Subdivision 1—Establishment and constitution of Commission
17 Establishment of Commission
18 Constitution of Commission
19 Special provision relating to constitution of Commission
20 Conditions of membership
21 Allowances and expenses
Subdivision 2—Functions and powers
22 Functions
23 Powers
24 Minister to be kept informed
25 Minister to have access to information
Subdivision 3—Related matters
26 Validity of acts
27 Proceedings
28 Disclosure of financial interests
29 Committees
30 Delegations
31 Staff and facilities
32 Annual report
Division 2—Chief Executive
33 Functions
34 Delegation
Part 20—Miscellaneous
233 Exemption from liability
236 Confidential information
245 Inquiries by Commission
Schedule 1—Disclosure of financial interests
1 Interpretation
2 Disclosure of interests
3 Register
4 Compliance with Schedule
5 Restrictions on publication
Schedule 3—Codes of conduct and professional standards
1 Codes of conduct
Clauses 1(1) (a), (2) and (3)
2 Publication of code
Statutory Advisory Committees
The Act requires the establishment of committees to provide advice on the implementation of
the Act. The committees must include the following:
Local Government Advisory Committee,
Development Industry Advisory Committee, and
Community Participation and Sustainability Advisory Committee.
Nomination for Local Government Advisory Committee is subject of other council report.
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The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
These committees will become operational in April 2017.
Planning and Design Code/Development Plan
The Planning and Design Code is to be operational by 1 July 2020. Until 1 July 2020, a
Development Plan under the repealed Act (as in force at a relevant time) will have effect for
the purposes of the PDI Act as if it formed part of the Planning and Design Code.
ePlanning
As part of the reform, the Government of South Australia has committed an initial $25.8 million to
fund its implementation, including the introduction of a new SA Planning Portal.
There have been some speculation circulating relating to Council contributions to the State’s
planning portal. To date, the LGA has not been consulted on and has not agreed to any
contributions by councils to the cost of the new e-planning system.
Planning Agreements/Joint Planning Boards
A planning agreement is a long-term arrangement that allows for planning functions to be
delegated to regional groupings of councils to perform certain functions as a Joint Planning
Board, subject to agreed performance measures and targets.
A joint planning board:
a) is a body corporate; and
b) has the name assigned to it under the relevant planning agreement; and
c) is constituted in accordance with the terms of the relevant planning agreement; and
d) has the functions and powers assigned to it under this or any other Act or conferred
under the terms of the relevant planning agreement; and
e) must prepare and furnish annual reports in accordance with requirements prescribed by
the regulations
A council with any part of its area that is to be included in a planning agreement must be
invited to be a party to the agreement.
In addition to allowing for planning powers to be delegated to joint planning boards, planning
agreements may also include others matters that may be agreed by other Ministers (for
example, regional development or natural resource management).
A pilot program will be commenced in early 2017 to assist in preparing an information guide for
councils on this element.
Relevant Authority
The Act provides for five basic types of relevant authority:
the Minister
the Planning Commission
an assessment panel
an assessment manager
an accredited professional (i.e. private certifier)
Assessment Manager
An ‘Assessment Manager’ is a new role created in the Act. It is not dissimilar to the current
practice of delegations made to council planning staff. Generally, an assessment manager will
be an accredited professional appointed by the chief executive of a council, but they may also
belong to a class of persons prescribed by the regulations.
Assessment managers may be appointed to more than one assessment panel, and may be
contractors rather than employed.
An assessment manager:
is to provide advice to, and coordinate the business of, an assessment panel;
may act as a relevant authority for specified matters (subject to review by the panel at the
applicant’s request); and
is responsible for their performance to the person who appointed them (but is not subject to
direction as a relevant authority); and
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The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
can be required to review assessment decisions and application categorisation (as an
alternative to appeals).
The costs of the assessment manager are to be met by the appointing body, generally being
the council. This reflects current practice of staff who act as delegates for councils.
Assessment Panels/Regional Assessment Panels
Panels are to be composed of accredited professionals, and panels established by joint
planning boards or councils may include at least on elected councillor but may not include
members of State Parliament. Panels may co-opt additional members from time to time to deal
with matters requiring specialist advice or input.
During transition, the Statutes Amendment (Planning, Development and Infrastructure) Bill 2016
provides for existing council assessment panels to continue to operate as council appointed
assessment panels under the new Act. Once the scheme commences operation (around July
2017), the new Act will require that each panel will only contain up to one elected
representative of council.
If a council does not appoint an assessment panel envisaged by the PDI Act, the Minister may,
after consultation with the Commission, constitute a local assessment panel under the PDI Act.
Discussion
ePlanning
The LGA was advised of the fee schedule as part of the 2016/17 budget announcements. The
LGA has also been publicly very critical of the Government’s decision to set the fees at a level
that will allow the Government to recover its full investment in e-planning.
The LGA have posed a number of questions to DPTI about how the proposed fees will work and
are still endeavouring to get answers so that councils can prepare their budgets for 2017/18.
The current understanding is that the fee will be a two part council fee comprising a $4,000 flat
fee applicable to all Councils; plus a second component indexed to development values of the
council as set out below.
Annual Value of Development by Council area Council Fee
Over $100m $32,000
Over $50m but less than $100m $24,000
Over $10m but less than $50m $12,000
Less than $10m (Flat fee only will apply) $4,000
The Barossa Council value of development last years was $9,383,439.
Further information will be circulated about these fees once the LGA has more detail.
The fully scoped SA Planning Portal will be implemented in phases, as the new planning system is
slowly ‘turned on’. It should be fully operational by the time the new assessment pathways are
implemented in mid-2018.
Council consideration:
Should councils be required to contribute to the establishment and maintenance of the
Planning Portal, Council will need to schedule these costs as part of the budgetary
process, and factors into Council’s Long Term Financial Plan.
Relevant Authority
Under the Act, a council CEO is to appoint an Assessment Manager in support of an Assessment
Panel. Where a Joint Planning Board has been established, the Board is to appoint the
Assessment Manager in support of a Regional Assessment Panel.
Assessment Manager
Each assessment panel must have an assessment manager appointed under section 87 of the
Act. The Transition Bill allows for the early appointment of Assessment Managers in readiness for
the Accreditation of Professionals under the Act. An Assessment Manager may continue to act
2017/13
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
as a delegate of the council under the Development Act in the interim. The Road map seeks to
have the appointment of assessment managers completed by June 2018.
The Bill provides for the delayed implementation of the accreditation scheme until the relevant
provisions of the new Act are proclaimed. This will allow professionals sufficient time to gain
accreditation in advance under the new accreditation scheme.
The accreditation scheme will be administered by the Commissioner for Consumer Affairs, as the
state’s primary occupational licensing regulator. The scheme, to be created by regulations, will
have the capacity to enable peak professional bodies to undertake accreditation of their
members directly, under the supervision of the Commissioner.
It is anticipated that the new ‘Registered Planner’ membership grade for the Planning Institute of
Australia (PIA) will constitute the required accreditation for planning professionals. The PIA are in
the process of transferring members who are current Certified Practicing Planners (CPP) and
previous holders of CPP across to the new membership grade.
Based on the above, the following staff would qualify for Registered Planner upon completion of
the transition requirements.
Louis Monteduro, FULL MEMBER CPP
Paul Mickan, FULL MEMBER CPP
Gary Mavrinac, FELLOW
Council consideration:
Given the capacity to appoint an Assessment Manager in the interim phase of the
accreditation scheme, it is proposed that the Senior Manager Planning Services would
be seen as an appropriate appointment. The Senior Manager currently serves as the
executive officer for the Development Assessment Panel and has the delegation from
Council in order to undertake the role of a relevant authority.
The current legislation requires the appointment of a Public Officer to deal with
complaints associated with the operation of the Development Assessment Panel and its
members. The PDI Act is silent on the requirement to have a Public Officer for the
assessment panel. Clarification is required as to what complaint handling process will be
instigated under the PDI Act. In the interim, the current Public Officer will remain the point
of contact for complaints.
Planning Agreements/Joint Planning Boards
While the Act specifies that regional plans are to be prepared by the State Planning
Commission, this is to occur only in areas where a joint planning board has not been established.
The emphasis of the new system is for planning to occur at a regional level.
Planning agreements can be entered into relating to a specified area of the State by any
council that has its area or part of its area within that specified area (no two areas can overlap).
The agreement can be with the Minister or any other entity that has requested and agreed to
be party to the agreement, including for example State government departments or entities i.e.
the Natural Resource Management Boards.
It is intended that the members of the joint planning board collectively have qualifications,
knowledge, expertise and experience necessary to enable the board to carry out its functions
effectively. These requirement will set out by the Minister.
In establishing a joint planning board, the parties to the agreement will be responsible for costs
and other liabilities associated with the activities of the board.
An assessment of the potential joint planning boards is provided in Table 1.
Table 1 – Board Options
Region Councils Assessment
Character
Preservation
District
The Barossa Council
Light Regional Council
Mid Murray Council
Adelaide Hills Council
Encompasses the CP district
Contiguous areas of dominant land uses
May be problematic, given that Mid Murray
Council is outside the Greater Adelaide
region
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The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
Geographic
Indication
Region
The Barossa Council
Light Regional Council
Focus on GI region
Contiguous areas of dominant land uses
Ability to focus on specific programs
designed to manage future development
potential (i.e. infrastructure)
RDA Barossa The Barossa Council
Light Regional Council
Town of Gawler
Adelaide Plains
Council
Encompasses the RDA region, where the four
council actively collaborate across a range
of matters (i.e. Procurement, Public Health)
Combined planning and shared resources
with RDA Board
Potential to reduce duplication of effort
Capacity to deal with a range of matters via
the Planning Agreement:
o Infrastructure Planning
o Water Allocation Planning
o Economic development
o Resilience/Climate Adaptation
o Public Health Planning
Gawler River
Flood
Catchment
The Barossa Council
Light Regional Council
Town of Gawler
Adelaide Plains
Council
Adelaide Hills Council
City of Playford
Encompasses the Gawler River Catchment
area
Potential to replace the Gawler River Flood
Management Authority as a subsidiary under
the Local Government Act, or establish it as
a committee/subsidiary of a Joint Planning
Board
Land use planning to address flood
management already a function of the
Authority
Problematic if any of the constituent councils
are part of another Joint Planning Board
Council consideration:
• Given the level of collaboration with the councils within the RDA Barossa region, it is
considered that pros and cons of establishing a joint planning board should be
explored during the first half of 2017, reporting back to Council with the expected
timeframe to recruitment and appointment a joint planning board should there be
support from the adjoining councils or other entities.
Assessment Panels/Regional Assessment Panels
The LGA has recommended that councils should consider early in 2017 the process for
amending the memberships of their DAPs.
In anticipation of the commencement of the new Act, Council resolved to reappoint the current
panel members to the end of December 2017.
The Act envisages a range of assessment panels can be appointed, to help better match
decision-making responsibility to the scale, impact and risk of a proposed development, and
expectations of development in a particular area.
An assessment of the potential assessment panels is provided in Table 2.
Table 2 - Assessment Panel Options
Panel Councils Assessment
Council The Barossa Council Effectively maintaining the status quo, but with a
five member panel and changes to the class of
development referred to the panel.
Regional
(two councils)
The Barossa Council
Other Council
Opportunity to establish a panel with an adjoining
Council
Shared resourcing opportunity
Regional The Barossa Council Opportunity to establish a regional panel that
2017/15
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(multiple
councils)
Light Regional Council
Town of Gawler
Adelaide Plains Council
pick up the fours councils within the RDA Barossa
region
Shared resourcing opportunity
Council/Regional The Barossa Council
Other Councils
Establish both a council and regional panel
Each panel to deal with a different class of
development e.g. regional panel to assess
development greater than $2million in value or
having regional significance Shared resourcing opportunity
The new Act will require that current panel only contains one elected representative of council
by July 2017.
Council consideration:
• Council will need to formally reduce the current panel from seven to five members
by removing two of the current Council members, and reinstating the remaining
member. A further report to Council will need to be prepared and presented to
Council prior to July 2017.
• Council Administration will need to commence recruitment for new members for an
assessment panel by December 2017.
• During the first half of 2017, explore establishing a regional assessment panel with
adjoining councils and reporting back to Council with the expected timeframe to
recruitment and appointment a regional assessment panel, pending as to whether a
joint planning board is to be established.
Summary and Conclusion
The implementation of the Planning, Development and Infrastructure Act 2016 is to commence
in 2017, which amongst other things, will see Council Development Assessment Panels phased
out between July-December 2017.
Accordingly, Council will need to explore the various options in the establishment of joint
planning boards and/or assessment panels.
The first half of 2017 presents an opportunity to commence discussion with other councils and
entities to determine the support for further collaboration within the region, knowing that if
options are not explored regional planning will be undertaken by the State Planning
Commission.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Planning, Development and Infrastructure Act 2016
https://www.legislation.sa.gov.au/LZ/C/A/Planning%20Development%20and%20Infrastructure%2
0Act%202016.aspx
Statutes Amendment (Planning, Development and Infrastructure) Bill 2016
https://www.legislation.sa.gov.au/LZ/B/CURRENT/STATUTES%20AMENDMENT%20(PLANNING%20DE
VELOPMENT%20AND%20INFRASTRUCTURE)%20BILL%202016.aspx
SA Planning Portal
http://saplanningportal.sa.gov.au/
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
Natural Environment and Built Heritage
Community and Culture
Infrastructure
Health and Wellbeing
2017/16
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
Business and Employment
How We Work – Good Governance
Corporate Plan
Nil
Legislative Requirements
Local Government Act 1999
Character Preservation (Barossa) Act 2014
Development Act 1993
Planning, Development and Infrastructure Act 2016
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Financial
The financial implications of the new Act are still undetermined. While there are potential
savings, there is no doubt that costs will be incurred either directly or indirectly. Council will need
to factor future costs (i.e. contribution to the Planning Portal, support for regional initiatives) as
part of its Long Term Financial Plan.
Resource
Similarly, the resources needed for the operation of the Act are still to be worked through. In
part, the workforce planning review being undertaking internally alongside the Service Review
presents an opportunity to determine what level of resource will be required by Council under
the new system.
Given the regional focus of the legislation, there is potential for shared resources across councils
and other entities to help facilitate the system. The opportunity to explore further regional
collaboration with our adjoining councils and other entities will seek to identify costs and
benefits.
Risk Management
There is no perceived risk at this stage. A key consideration is whether Council wishes to actively
contribute to planning for the region. In the absence of a joint planning board, planning for the
Barossa region will be undertaken by the State Planning Commission as part of the broader
Greater Adelaide region. Joint planning boards are envisaged to be the primary authority for
developing and implementing regional plans.
Council should be prepared to initiate new processes as soon as practical in line with the
Transitional Bill, Road Map and advice from the Department of Planning, Transport and
Infrastructure as it becomes available.
COMMUNITY CONSULTATION
While the Government of South Australia has introduced the new planning system, effort should
still be made by Council to commence provision of information to the community on the
proposed changes. As a start, a link should be provided from Council’s website directing the
community to the SA Planning Portal.
VISITOR TO THE MEETING - 9.30AM
Mayor Sloane presented a Youth Grant certificate to Kate Moffett who represented
SAPSASA in the School Sport Australia 12 and Under Swimming Championship in
September 2016.
7.2.1.4
UPDATE OF DELEGATIONS REGISTER
B4662
MOVED Cr de Vries
(1) Revocations
That having delegated powers and functions to the Chief Executive Officer of
the Council on the 17th day of May 2016 under the Local Government Act 1999,
2017/17
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
the Council hereby revokes this 24th day of January 2017 delegations of those
powers and functions under the following Acts set out below: Local Government
Act 1999 – the power pursuant to section: - 235(1) regarding deposit of rubbish -
236(2) regarding abandonment of vehicles and farm implements - Schedule 1A
– clause 24(1) regarding special powers in relation to the land.
(2) Delegations under the Local Government Act 1999
That Council, in exercise of the power contained in Section 44 of the Local
Government Act 1999, hereby delegates to the person occupying the office of
Chief Executive Officer this 24th day of January 2017, the powers and functions
under the following Acts set out below:
Local Nuisance and Litter Control Act 2016 upon commencement of the
provisions
Local Government Act 1999 – the power pursuant to section:
- 236(2) regarding abandonment of vehicles and farm implements
- Schedule 1A – clause 24(1) regarding special powers in relation to the land
Liquor Licensing Act 1997 - the power pursuant to section:
- 106(2)(b), (4) and (5) regarding noise and
- 120(1) and (2) regarding disciplinary action before the court
(3) Instruments of Delegation
That under section 44 of the Local Government Act, the Instruments of
Delegation as set out at Attachment 1 of this Report dated 24th day of January
2017, be amended and Council’s Delegations Register be updated in
accordance with this resolution.
Seconded Cr Miller CARRIED 2014-18/910
PURPOSE
The Council is being asked to delegate to the Chief Executive Officer the new powers and
functions which are available through the introduction of the Litter and Nuisance Act 2016 which
will come into effect on the 1st February 2017, and various powers under the Local Government
Act 1999 and Liquor Licensing Act 1997.
REPORT
Background
Council may only exercise those powers and functions which are conferred on it by legislation.
The ways in which Council may exercise its powers and functions are:
when the Elected Body itself exercises the power/function at a formally constituted
meeting; and
where the legislation enables it, a power or function may be delegated pursuant to an
Instrument of Delegation and exercised in the name of a delegate.
Delegations can greatly assist Council by enabling the Elected Body to progress with the
strategic element of local government and leave the day-to-day operations and administration
of the Council to the staff who have the relevant expertise and experience to deal with such
matters thus improving effectiveness and efficiency.
Accordingly, it is essential to good governance that the Elected Body fully considers the
delegations it proposes to make and demonstrates it has turned its mind to the issue.
Introduction
The delegations review before Council is urgent one due to the impending commencement of
the Local Nuisance and Litter Control Act 2016 on 1 February 2017, which makes available many
new powers for Council and its officers. The review also consider some administrative efficiencies
under the Liquor Licensing Act 2012 and minor updates to the Local Government Act 1999.
Discussion
2017/18
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
1. Local Nuisance and Littler Control Act 2016
This Act was proclaimed on Thursday 21 July 2016 for staged commencement with litter
provisions commencing on 1 February 2017 and local nuisance provisions on 1 July 2017. The
attached Instrument of Delegation under the Local Nuisance and Litter Control Act 2016
provides an entirely new suite of powers for Council to delegate to the CEO, who can then sub-
delegate them to relevant officers.
While the Council can delegate these powers today in principle, such powers will only be
effective from the commencement dates of the Act i.e. powers regarding litter can only be
exercised from 1 February and powers regarding nuisance can only be exercised from 1 July
2017.
2. Local Government Act 1999
Amendments to section 125 and 126 of the attached Instrument of Delegation under the Local
Government Act regarding rubbish are due to changes from the Local Nuisance and Litter
Control Act (and so will only take affect from 1 February 2017).
Amendments to clause 24(1) regarding special powers in relation to land are due to additional
powers recently established under the Local Government Act.
3. Liquor Licensing Act 1997
For administrative efficiency, officers are recommending that the Council delegate to the Chief
Executive Officer the necessary powers at sections 106 and 120 to address with the Liquor
Licensing Commissioner any noise complaint against licensed premises and to lodge disciplinary
actions in the relevant court. This saves such matters having to first come to Council for a
resolution to act.
These powers are outlined in the attached Instrument of Delegation under the Liquor Licensing
Act 1997.
Summary and Conclusion
Council is requested to consider and resolve to delegate to the Chief Executive Officer all
powers and functions as are outlined in the recommendation.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Attachment 1:
Instrument of Delegation under the Local Nuisance and Litter Control Act 2016
Instrument of Delegation under the Local Government Act 1999
Instrument of Delegation under the Liquor Licensing Act 1997
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Corporate Plan
How we work – Good Governance:
6.2 Ensure that Council’s policy and process frameworks are based on principles of sound
governance and meet legislative requirements.
Legislative Requirements
Liquor Licensing Act 1997
Local Government Act 1999 – section 44
Local Nuisance and Litter Control Act 2016
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Financial – There are no financial considerations to implement delegations.
Resource – All process tasks are absorbed as part of officers’ existing operational roles.
Risk Management – The risk of having ineffective or invalid delegations is minimised as the
delegations being considered have been recommended by Norman Waterhouse Lawyers
2017/19
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
(which prepared the Instruments for the LGA). It is imperative that delegations are validly made
as consequences of ineffective or invalid delegations include:
the exercise of power may fail – i.e. the decision made may be liable to being
overturned by a court
the cost of a successful challenge to a decision made without lawful delegation will likely
be borne by the Council where the unlawful exercise of the power has caused loss or
damage the Council may be liable for such loss or damage.
COMMUNITY CONSULTATION
There is no legislative requirement to consult the community in this situation, nor, in officers’
opinions, do the particular circumstances require it as the delegations themselves are based on
prescribed LGA templates where there is no option for amendment through community
feedback. For transparency, the community has access to the delegations register on Council’s
website so is made aware of the powers of the CEO as delegated by the Council, and also the
powers of officers as sub-delegated by the CEO.
7.2.1.5
INFORMAL GATHERINGS POLICY
B1485
MOVED Cr Milne that Council receives, considers and approves the amended Informal
Gatherings Policy attached to this report.
Seconded Cr Hurn CARRIED 2014-18/911
PURPOSE
Council is asked to approve an updated version of the Informal Gatherings Policy as attached.
Amendments are pursuant to recent legal advice and are by way of track-changes.
REPORT
Background
Section 90(8) of the Local Government Act 1999 enables Council or a Council committee to
hold an informal gathering without the public being present provided that:
(a) Council or the Council committee does not make a decision or effectively
pre-empt a decision on a matter that would ordinarily be dealt with at a Council or
committee meeting;
(b) Council has approved an Informal Gatherings Policy; and
(c) the informal gathering complies with the Informal Gatherings Policy.
Introduction
The current Informal Gatherings Policy was approved by Council on 15 November 2016 and was
based on the Local Government Association’s October Model Policy as prepared by Wallmans
Lawyers. The Model did not contain a definition of informal gathering, just examples from the
Local Government Act 1999 which were used as guidance.
This lack of definition has caused some confusion in the sector about whether or not all Council
or Committee members must be invited to an informal gathering. The LGA obtained further legal
advice and as a result Wallmans Lawyers has clarified, for reasons cited below, that an informal
gathering is one which all Council members or Council committee members (as the case may
be) would be invited - whether or not they all actually attend.
Discussion
Section 90(8) of the Local Government Act provides an exception to the “duty to hold a
meeting of a council or council committee at a place open to the public”. So the context of this
provision is an exception from an event (ie a council or committee meeting) to which all the
council or committee members, as the case may be, would be invited.
The Local Government Act has no definition of “informal gathering”, but provides guidance as
to what it can be via listed examples such as planning sessions associated with the development
2017/20
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
of policies or strategies, briefing or training sessions, workshops or social gatherings to encourage
informal communication between members or between members or staff. Wallmans advises
that since these examples are events to which all Council members or Committee members (as
the case may be) would ordinarily be invited, it follows that a practical definition of “informal
gathering” must be an event to which all members would be ordinarily invited.
The Wallmans’ advice clarifies the definition of “informal gathering” and recommends that
councils provide a definition within their prescribed Informal Gatherings Policy.
Officers present this amendment in paragraph 2.2 of the attached draft, with further minor
changes at paragraphs 3.2 and 3.4.
Summary and Conclusion
Council is now asked to consider and approve the attached draft Policy.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Draft Informal Gatherings Policy
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
How We Work – Good Governance
Corporate Plan
Community and Culture:
2.3 Support and promote community involvement and networks and provide
opportunities for participation in local decision making.
How we work – Good Governance:
6.2 Ensure that Council’s policy and process frameworks are based on principles of
sound governance and meet legislative requirements.
6.7 Implement strategies for the community to be actively engaged in Council
decision-making through sound information and communication.
Legislation – Local Government Act 1999: Section 90(8)
Local Government (General) Variation Regulations 2016
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Financial – There are no financial considerations.
Resource – There are no resource considerations.
Risk Management – Council reduces its risk by having a compliant policy for Informal Gatherings.
COMMUNITY CONSULTATION
There is no community consultation required under the Local Government Act 1999.
Additionally, by way of best practice no further consultation is required as this draft Informal
Gatherings Policy is based on a Local Government Association model as drafted by Wallmans
Lawyers. The community’s interests as to improved transparency of Council’s decision-making
process have been well represented by the Ministerial oversight in establishing specific policy
and process for informal gatherings.
7.3.1 DEBATE AGENDA – GROUP MANAGER CORPORATE SERVICES
7.3.1.1
CONSIDERATION AND ADOPTION OF AUDIT COMMITTEE RESOLUTIONS
B4256 16/87890
MOVED Cr Harris that Council, having reviewed the Minutes of the Audit Committee
meeting held 20 December 2016 adopt the resolutions contained therein.
Seconded Cr Milne CARRIED 2014-18/912
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The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
PURPOSE
The Minutes of the Audit Committee meeting held 20 December 2016 are presented for the
consideration and adoption of Council.
REPORT
The consideration and adoption of recommendations of Council committees requires
assessment by Council to ensure compliance with Council obligations under section 6(a) of the
Local Government Act.
The Minutes of the Audit Committee meeting held 20 December 2016 are attached.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Attachment: Minutes of the Audit Committee meeting held 20 December 2016
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Corporate Plan
How We Work – Good Governance
6.2 Ensure that Council’s policy and process frameworks are based on principles of sound
governance and meet legislative requirements.
6.9 Provide access to Council’s plans, policies and processes and communicate with the
community in plain English.
6.16 Provide contemporary internal administrative and business support services in accordance
with mandated legislative standards and good practice principles.
Legislation
Local Government Act 1999
Local Government (Financial Management) Regulations 2011
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Identified within the body of the Minutes.
COMMUNITY CONSULTATION
Not required under legislation or Council’s Public Consultation Policy.
7.3.1.2
AUDIT COMMITTEE MEMBERSHIP – INDEPENDENT MEMBERS
B4265
MOVED Cr Milne that Mr Peter Brass and Ms Tanya Johnston be granted an extension of
appointment as Independent Members of The Barossa Council Audit Committee for a
further two year term, expiring 27 January 2019.
Seconded Cr Miller CARRIED 2014-18/913
PURPOSE
Independent Members of the Audit Committee are appointed for a two year term, with a right
of extension by Council. Mr Peter Brass and Ms Tanya Johnston seek an extension of
appointment for a further two year term.
REPORT
The Audit Committee Terms of Reference (clause 3.2.1) allows for Independent Members to be
appointed for a 2 year term (unless otherwise determined by Council), with a right of extension
of the appointment by Council.
Peter Brass, who also serves as Chairperson, and Tanya Johnston were appointed to the Audit
Committee in January 2015, with the current term expiring on 27 January 2017. Both have
confirmed that they wish to extend their appointment for a further two year term, subject to
Council approval.
2017/22
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
The current term of Independent Member, James Heuzenroeder, expires in January 2018;
appointments have been staggered to secure consistency of Independent Members on the
Committee.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Nil
COMMUNITY PLAN /CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Corporate Plan
How We Work – Good Governance
6.2 Ensure that Council’s policy and process frameworks are based on principles of sound
governance and meet legislative requirements.
Legislation
Local Government Act 1999
Local Government (Financial Management) Regulations 2011
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Financial
Independent Members allowances are incorporated within the existing Budget.
Resource
No additional resource requirements identified.
Risk Management
The independent representation is based on the opportunity to achieve external oversight of
Council operations and enhance transparency for our community of Council’s overall risk
management approach.
COMMUNITY CONSULTATION
Not required under Council policy or legislation.
7.3.1.3
REGIONAL YOUTH TRAINEESHIP PROGRAM
B707
MOVED Cr Milne that Council approves a budget transfer in the 2016/2017 year of up to
$5,306 (excl GST), and for forward years, the use of discretionary funds of up to $40,390
(excl GST) in the 2017/2018 year and up to $23,721 (excl GST) in the 2018/2019 year, to
fund the wage subsidy gap and related training costs for a proposed trainee (shared) in
the Library, Customer Service, Tourism Services and Rates sections, under the Regional
Youth Traineeship Program Round 2 (2017 – 2019).
Seconded Cr Grossman CARRIED 2014-18/914
PURPOSE
Council approval is sought for a budget transfer in the 2016/2017 year of up to $5,306 (excl GST),
and for future years, the use of discretionary funds of up to $40,390 (excl GST) in the 2017/2018
year and up to $23,721 (excl GST) in the 2018/2019 year, to fund the wage subsidy gap and
related training costs for a proposed trainee (shared) in the Library, Customer Service, Tourism
Services and Rates sections, under the Regional Youth Traineeship Program Round 2 (2017 –
2019).
REPORT
Background
Minister for Regional Development, Hon Geoff Brock, announced on 21 October 2016, an
additional $2million for a further 57 traineeship positions to enable the LGA to support their
regional member councils and Aboriginal Community councils to participate in the second
round of the Regional Youth Traineeship Program (the Program).
2017/23
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
The Program, delivered on behalf of the State Government by the LGA, provides a wage
subsidy to employ a young person (aged 17-24 years) from regional South Australia fulltime for
two years under a Certificate III traineeship.
“The original intent of the Program is to increase youth participation in regional council
workforces. The Program may also assist with workforce succession planning and retention
initiatives to address councils’ ageing workforce. The Program also seeks to address declining
traineeship rates in Local Government and the barriers listed by Local Government in accessing
training in regional Australia. One hope of the Program is the coordination of high quality,
flexible training delivery that meets the specific needs of Local Government in regional SA.”
(LGA Regional Youth Traineeship Program Round 2 Council Program Guidelines and Milestones)
All trainee positions must be employed by 28 April 2017.
Introduction
Due to tight timeframes, as the submission closing date was in December 2016, Officers
submitted a Registration for one traineeship position (ICT Trainee) and also an Expression of
Interest (EOI) for a second traineeship position (Administration Trainee).
The first registration for an ICT Trainee has already been accepted by the LGA and Council is
currently advertising the position in local newspapers and on the website. The Knowledge and
Technology Services Team was unsuccessful in recruiting an Application Support Officer and has
decided to upskill the current Helpdesk Officer into that role. The ICT Trainee will be trained to
assist in the Helpdesk role and costs are fully funded in existing budgets.
If all 57 eligible regional councils/local authorities do not register to participate in the Program,
the remaining positions will be re-allocated to those that do register. Therefore, an Expression of
Interest (EOI) was submitted for a second trainee to be shared by Library, Customer Service,
Tourism Services and Rates sections.
If Council chooses not to participate in the Program for this trainee, our EOI can be withdrawn
before the LGA Board meets on the 25 January 2017.
Discussion
As stated, all positions must be employed by 28 April 2017. Council is required to contribute to
the wage subsidy gap and all training related costs for approved trainees over the two year
agreement.
The wage subsidy provided by the Program is $29,000 (excl GST) paid in three instalments of
$9,667 for each trainee. (Note: LGA have given a proviso that funding is dependent on the LGA
Board approving the Funding Deed at its 25 January 2017 Board Meeting and the first instalment
being received by the LGA around February-March 2017.) The Council wage contribution will
vary depending on: the highest level of schooling completed by the trainee; the number of
years they have been out of school; and the certificate III qualification role selected. It is
anticipated that the approximate net cost to Council (after the subsidy has been applied) for
each trainee would be up to $69,417 (excl GST) in total, including a training budget of $3,000
(excl GST).
Council’s contribution to the ICT trainee is fully funded within existing budgets. The Library,
Customer Service, Tourism Services and the Rates sections only have available budget funds
(transferred from existing budgets from each service area) to accommodate the wage subsidy
gap of $5,306 (ex GST) until 30 June 2017. Should the EOI for this second trainee be approved by
the LGA, Council approval is required for use of discretionary funds provided in the adopted
Long Term Financial Plan of up to $40,390 (excl GST) in the 2017/2018 year and up to
$23,721(excl GST) in the 2018/2019 financial year, to service the wage and training subsidy gap
and training related costs.
The Corporate Management Team has given in-principle approval for the second trainee and a
Due Diligence Report (DDR) and Bid Analysis Tool (BAT) have been created to support the
budget request. (Refer Attachments 1 and 2.)
Summary and Conclusion
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The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
Working with Local Government is an important way young people can contribute to their
community, while gaining a broad range of skills they will be able to use in future employment.
The Council is a major local employer and encourages youth employment and supports, where
possible, relevant LGA trainee schemes. The proposed shared trainee for the Library, Customer
Service, Tourism Services and Rates sections, will work towards a Certificate III qualification in
Business Administration, which could lead to future roles in Office Administration, Clerical Officer,
Finance Officer, Accounts Officer, Rates Officer, etc.
The current age demographics for Council indicates that less than 6% of employees are aged 25
or under. Supporting this opportunity for youth employment will improve the proportion, even if
only for a limited period.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Attachment 1: Due Diligence Report
Attachment 2: Bid Analysis Tool
COMMUNITY PLAN /CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
Community and Culture
2.5 Engage with and support young people to actively participate
in the community and develop the leaders of the future.
Business and Employment
5.1 Work closely with State Government, Federal Government
and stakeholders to support economic growth, development
and job creation.
5.5 Support education and training programs that directly respond
to workforce gaps and innovation.
Corporate Plan
Community and Culture
2.3 Support and promote community involvement and networks
and provide opportunities for participation in local decision making.
2.8 Offer opportunities for young people to develop leadership skills
and have input into decision making that affects them.
2.9 Collaborate, initiate, develop and/or support activities and
facilities for youth in our community.
Business and Employment
5.1 Provide visitor information services through the visitor information
centre and associated activities of Council.
How We Work – Good Governance
6.4 Ensure that decisions regarding expenditure of Council’s budget
Are based on an assessment of whole of life costs, risk associated
with the activity and advice contained within supporting plans.
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Financial
The funding for this new initiative is proposed as a budget transfer in the 2016/2017 year of up to
$5,306 (excl GST) and for forward years, the use of discretionary funds provided in the adopted
Long Term Financial Plan of up to $40,390 (excl GST) in the 2017/2018 year and up to
$23,721(excl GST) in the 2018/2019 financial year.
A review of the Council’s operating result for 2016/17 reported to Council in the Budget Update
as at 30 September 2016, along with Council approved adjustments since that resolution, is an
operating surplus of $691k and a ratio of 1.86%.
This proposal, along with another agenda item within this agenda, will have the effect of
reducing the expected operating surplus to $666k and a ratio of 1.80%.
2017/25
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
In accordance with Council’s Prudential Management Policy, a Bid Analysis Tool Assessment has
been completed for the proposed non-budgeted expenditure. The Bid Analysis Tool score of 40
places the rating of this proposal at 23rd place in comparison to the successful New Initiative bids
as part of the 2016/17 budget process.
Resource
The trainee will add to existing resources around their training requirements and provide
assistance in undertaking much needed support for a variety of service areas, including support
with administration tasks.
Risk Management
Council is required to provide the trainee with appropriate Council induction training (eg WH&S
compliance, documentation control procedure, HR/IR and Award requirements) and direct
supervision as required under a traineeship. All employees are responsible for compliance with
Council’s human resources policies, processes and practices.
COMMUNITY CONSULTATION
Not required under Council policy or legislation.
7.3.1.4
NATURAL DISASTER RESILIENCE PROGRAM GRANT FUNDING SUBMISSION
B5599
Author: Manager Knowledge and Technology Services
MOVED Cr Angas that Council:
(1) Subject to consideration of the final Barossa Region Extreme Heat Preparation and
Response Planning Project report at a future Council Meeting, endorse in principle,
the provision of a “Safe Haven” location during normal opening hours for
particularly at risk community members during periods of extreme weather or
prolonged power outages;
(2) Endorse Officers’ application for grant funding under the Natural Disaster Resilience
Program, to partially fund the purchase of equipment and emergency response
packs to facilitate the potential future provision of a community “Safe Haven”
under the proposed National Disaster Resilience Program Grant Project;
(3) Subject to the above grant funding application being successful, approve the
proposed additional net funding requirements of up to $78,700 (excl GST) from the
discretionary funds in future years’ budgets, as provided in the adopted Long Term
Financial Plan.
Seconded Cr Grossman CARRIED 2014-18/915
PURPOSE
Subject to Federal Government grant funding being received, Council approval is sought, in
principle, for additional net funding requirements of up to $78,700 (excl GST) from the
discretionary funds in future years’ budgets, for the proposed purchase of equipment and
emergency response packs to provide the opportunity for Council to offer a “Safe Haven”
during opening hours for particularly at risk community members during periods of extreme
weather or prolonged power outages.
REPORT
Background
The Natural Disaster Resilience Program supports projects that improve the ability of
organisations and individuals to prepare for, respond to and recover from natural disasters and
emergency events. Up to $250,000 per annum can be sought as a contribution toward the total
cost of each project. Local Government can seek grant funding for up to 70% of total project
costs. Priority will be given to projects that:
are consistent with the National Strategy for Disaster Resilience;
identify and/or address emergency risk;
2017/26
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
support networks partnerships within communities and across sectors;
commence on or before 1 July 2017;
will be completed within two years; and
deliver sustainable benefits beyond the grant funded period.
Introduction
Due to tight timeframes (submissions were required by 13 January 2017), Officers have submitted
a grant funding application for $83,300 (excl GST) via the National Disaster Resilience Program to
facilitate Council’s capacity to provide a nominated “Safe Haven” for particularly at risk
community members during periods of extreme weather or prolonged power outages (if so
endorsed by Council at a future meeting.)
This report seeks to inform Council of this proposal and obtain approval to funding (as required
under the grant application), in consideration of the potential future financial implications,
should the grant application be successful.
Discussion
This proposed project aims to extend Council service provision in an extreme weather event by
enabling access by the wider community to a centrally-located existing Council facility. The
project aligns with the Draft Barossa Region Extreme Heat Preparation and Response Planning
Report which indicates in its audit, that the Public Library and Nuriootpa Council Chambers was
a highly suitable facility. This draft Report will be discussed with the Bureau of Meteorology
regarding extreme heat forecasting (scheduled for February 2017) and then presented to
Council.
The Barossa Council Public Library Nuriootpa Branch, is co-located with Council’s Principal Office
and has sufficient floor space with seating capacity of 40. There is additional space and seating
available in the adjoining Council Chambers and rooms. Amenities on-site include male, female
and disabled toilets, full kitchen facilities, drinking water for the public and adequate air
conditioning, in addition to technology such as computers and ipads. The Library has extended
opening hours (until 6pm weekdays) and operates reduced hours on weekends. Additionally,
the site can be equipped with designated and appropriately trained wardens and first aiders
and has adequate refrigeration for medical supplies/medication. Past hot weather events have
resulted in increased numbers of persons attending the Library seeking relief and using the
services and resources available.
Costs for this project are primarily for the purchase and installation of equipment and purchase
of emergency response packs (including UHF radios, defibrillators and first aid supplies). This
requires total funding of up to $162,000 (excl GST) (Grant monies and Council funding), in order
to provide continuity of service to Council to potentially offer a “Safe Haven” during normal
opening hours, for community members during an extreme weather event or prolonged power
outages.
Summary
Should Council be successful in the grant application and in-principle approval for a “Safe
Haven” and additional Council funding is received, project work would commence in the new
financial year (2017/2018). The Due Diligence Report (DDR) outlines the various stages of the
project.
If Council does not support this proposal, our grant application will be withdrawn.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Attachment 1: Due Diligence Report (DDR)
Attachment 2: Bid Analysis Tool
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
Community and Culture
2.12 Contribute to a safer community
2017/27
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
Infrastructure
3.5 Advocate for and seek out funding opportunities that support the
development of community, health and other facilities and
infrastructure from both state and federal government
Corporate Plan
Community and Culture
2.10 Collaborate with key emergency management stakeholders
and provide support for community safety initiatives
Health and Wellbeing
4.15 Plan for and where appropriate support response to
extreme weather events or disasters in the region
How We Work – Good Governance
6.4 Ensure that decisions regarding expenditure of Council’s
budget are based on an assessment of whole of life costs, risks
associated with the activity and advice contained within
Supporting plans
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Financial
It is proposed the funding for this New Initiative is by the use of discretionary funds as provided in
the adopted Long Term Financial Plan (LTFP) in future years of up to $162,000 (ex GST) less a
grant funding application for $83,300 (excl GST), resulting in an additional “net” funding
requirement of up to $78,700 (excl GST) as per the DDR (not including depreciation).
If approved, the New Initiative will not affect the 2016-17 financial year’s results but will be
included within the next budget cycle and annual review of the LTFP.
In accordance with Council’s Prudential Management Policy, a Bid Analysis Tool Assessment has
been completed for the proposed non-budgeted expenditure. The Bid Analysis Tool score of 48
places the rating of this proposal at 17th place in comparison to the successful New Initiative bids
as part of the 2016/17 budget process.
Both the current budget and/or this DDR do not provide for funding to open the Nuriootpa
Office/Library for longer than existing working days/times on extreme weather days.
Resource
Staff resources provided as “in kind” contribution toward this project will be provided as part of
normal business and not have any additional financial implication.
Risk Management
Project risks will be identified and managed as part of the project in consultation with technical
experts and key stakeholders.
The use of the Barossa Council Public Library Nuriootpa Branch as a nominated “Safe Haven”
site will need to be investigated further. It is noted that the existing opening hours may not align
to the periods needed or be as effective during extreme weather events.
COMMUNITY CONSULTATION
Should this project be supported and grant funding be successful, a range of consultation
activities will be undertaken with key stakeholders including emergency services and community
groups.
7.3.2 GROUP MANAGER COMMUNITY SERVICES - DEBATE
7.3.2.1
CONSIDERATION AND ADOPTION OF COMMITTEE RESOLUTIONS
B874
2017/28
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
MOVED Cr de Vries that Council, having reviewed the Minutes of the Barossa Regional
Gallery Committee meeting held 14 December 2016, adopt the resolutions contained
therein.
Seconded Cr Hurn CARRIED 2014-18/916
PURPOSE
The minutes of the Barossa Regional Gallery Committee meeting held 14 December 2016 are
presented for the consideration and adoption of Council.
REPORT
The consideration and adoption of recommendations of Council’s Section 41 committees
requires assessment by Council to ensure compliance with Council obligations under section
6(a) of the Local Government Act.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Attachment: Minutes of the Barossa Regional Gallery Committee meeting held 14
December 2016
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Legislation
Local Government Act 1999
Community Plan
Community and Culture
2.1 Initiate and support activities which encourage participation and
pride in the Barossa Council area
Corporate Plan
How We Work – Good Governance
6.2 Ensure that Council’s policy and process frameworks are based
on principles of sound governance and meet legislative
requirements.
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Identified within the body of the Minutes.
COMMUNITY CONSULTATION
Not required under legislation or Council’s Public Consultation Policy.
7.3.3 FINANCE - DEBATE
7.3.3.1
MONTHLY FINANCE REPORT (AS AT 31 DECEMBER 2016)
B411
MOVED Cr Milne that the Monthly Finance Report as at 31 December 2016 be received
and noted.
Seconded Cr Seager CARRIED 2014-18/917
PURPOSE
The Uniform Presentation of Finances report provides information as to the financial position of
Council, including notes on material financial trends and transactions.
COMMENT
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The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
Discussion
The Monthly Finance Report (as at 31 December 2016) is attached. The report has been prepared
comparing actuals to the Original adopted 2016/17 Budget and incorporating the adopted
Revised Budget for September.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Attachment 1: Monthly Finance Report 31 December 2016
Policy
Budget & Business Plan and Review Policy
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Corporate Plan
How We Work – Good Governance
6.2 Ensure that Council’s policy and process frameworks are based on principles of sound
governance and meet legislative requirements.
6.3 Align operational strategy to strategic objectives and measure organisational performance to
demonstrate progress towards achieving our goals.
6.4 Ensure that decisions regarding expenditure of Council’s budget are based on an assessment of
whole of life costs, risks associated with the activity and advice contained within supporting
plans.
6.9 Provide access to Council’s plans, policies and processes and communicate with the
community in plain English.
6.16 Provide contemporary internal administrative and business support services in accordance with
mandated legislative standards and good practice principles.
Legislative Requirements
Local Government (Financial Management) Regulations 2011 - Reg 9(1)(b)
LGA Information paper no. 25 – Monitoring Council Budget Performance
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Financial
To enable Council to make effective and strategic financial decisions, a regular up to date high
level financial report is provided.
COMMUNITY CONSULTATION
Community Consultation was part of the original budget adoption process in June 2016, as per
legislation. This report is advising Council of the monthly finance position compared to that
budget.
7.3.3.2
LONG TERM FINANCIAL PLAN 2017/18 to 2026/27 AND ANNUAL BUDGET & BUSINESS
PLANNING TIMETABLE 2017/18
B4968
MOVED Cr de Vries that Council endorses the proposed timetable for the annual
review, consideration and adoption of the Long Term Financial Plan 2017/18 to 2026/27
and the Annual Budget & Business Plan 2017/18.
Seconded Cr Milne CARRIED 2014-18/918
PURPOSE
A business planning timetable is required to ensure Council meets key milestones for the annual
review and adoption of the Long Term Financial Plan (LTFP) 2017/18 to 2026/27 and the
consideration and adoption of the Annual Budget & Business Plan (AB&BP) 2017/18.
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The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
REPORT
The Local Government Association has produced a number of information papers to assist
Councils to meet requirements of the Local Government Act 1999 and the Local Government
(Financial Management) Regulations 1999.
The proposed timetable for the annual review/update of the Long Term Financial Plan and the
consideration/adoption of the Annual Budget & Business Plan is outlined in the table below:
Who Activity From To
Council
Meeting
Endorse AB&BP and LTFP timetable 24/01/17
Finance/Elected
Members
New Initiatives and Capital Works to be
submitted via website link – email will be
sent to Elected Members with link.
24/01/17
Due date for
submissions 28/02/17
Council
Workshop
1st Review and discuss - EM’s to be given
the opportunity to put forward
suggestions for the budget; CMT to
present budget process, advisory groups’
budget(s), priorities and pressures;
consider adopted long term indexing &
assumptions
01/02/17
Who Activity From To
Audit
Committee
(AC)
AB&BP and LTFP review
To review proposed indexing and
assumptions
TBA - Feb 2017
Council
Workshop
2nd - General priorities and pressures –
Review & Discuss
Continue as/if required from the last
workshop
(at conclusion of normal Council
meeting)
21/02/17
Council Due date for submissions/New initiatives
from Elected Members
28/02/17
Advisory Groups Due date for Advisory Groups’ Budget
submissions
28/02/17
Council
Workshop
3rd - AB&BP and LTFP
Prepare Rates report including: Rating
Analysis other Councils and consider
other Council Rating Strategies to fund
New Initiatives
01/03/17
Council
Management &
Staff
During February to April budget
preparation including rating and
valuation modelling is undertaken
Feb 2017 April 2017
Council
Workshop
4th - AB&BP and LTFP
Summary - Operating Budgets, review
New Initiatives and Capital Works
submissions, Rating & Valuation review
TBA – late March or
early April
Audit
Committee
AB&BP and LTFP review and endorse for
consultation
TBA - May 2017
Council
Meeting
Endorse Nuriootpa Centennial Park
Authority Budget
Endorse draft AB&BP and LTFP for public
consultation
16/05/17
Public Notices in local papers and
Council internet provision for web
submissions
24/05/17
Public Submissions period 24/05/17 14/06/17
2017/31
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
AB&BP and LTFP
Council
Meeting
AB&BP and LTFP
Consideration of public submissions
20/06/17
Special Council
Meeting
Adopt AB&BP and LTFP, Valuation and
Rating
28/06/17
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Policy
Budget & Business Plan and Review Policy
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Corporate Plan
How We Work – Good Governance
6.2 Ensure that Council’s policy and process frameworks are based on principles of sound
governance and meet legislative requirements.
6.3 Align operational strategy to strategic objectives and measure organisational
performance to demonstrate progress towards achieving our goals.
6.4 Ensure that decisions regarding expenditure of Council’s budget are based on an
assessment of whole of life costs, risks associated with the activity and advice contained
within supporting plans.
6.9 Provide access to Council’s plans, policies and processes and communicate with the
community in plain English.
6.16 Provide contemporary internal administrative and business support services in
accordance with mandated legislative standards and good practice principles.
Legislative Requirements
Local Government Act 1999 Section 123
Local Government (Financial Management) Regulations 2011
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Financial
The Budget Timetable is an integral part of financial planning to ensure an organised and
thorough process is undertaken.
COMMUNITY CONSULTATION
Included as part of the draft 2017/18 Budget &Business Plan consultation and adoption process.
7.4.1 DIRECTOR WORKS AND ENGINEERING SERVICES - DEBATE
7.4.1.1
REQUEST FOR PURCHASE UNMADE PUBLIC ROAD RESERVE UNDER THE ROADS (OPENING &
CLOSING) ACT 1991
B5424 16/83893
MOVED Cr Miller that:
(1) Council agrees in principle to the sale of the section of portion of public road
reserve adjacent to 22 Meshach Burge Terrace, Lyndoch.
(2) The applicant at its cost, engage a licensed surveyor to prepare all plans and
documentation as required under the Road (Opening and Closing) Act 1991.
(3) The unmade road reserve when closed to be merged with the applicant’s
property.
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The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
(4) The applicant pay all associated fees and costs relating to the Road (Opening
and Closing) Act 1991.
(5) The sale of the unmade road reserve to the applicant be at a cost as
determined by a valuer, with the applicant responsible for all associated costs
incurred by Council.
(6) The Mayor and Chief Executive Officer be authorised to sign all associated
transfer documents.
Seconded Cr Lange CARRIED 2014-18/919
PURPOSE
An application has been received from Wayne and Pauline Jenkins for the purchase of a
portion of public road reserve adjacent to 22 Meshach Burge Terrace, Lyndoch. Refer attached
letter (TRIM 16/83893)
REPORT
Introduction
The purpose of the proposal is to realign the allotment boundary corner to create a more
rectilinear shape for the land owner to construct a boundary fence and gate at the end of their
driveway at a more aesthetic angle.
Discussion
The related allotment faces Meshach Burge Terrace at the front and a drainage reserve at the
side. The existing sweeping corner cut-off arrangement appears to be a result of a previous
much older land division where the road alignment extension never eventuated through what
has become a drainage reserve.
The width of existing road reserve and drainage reserve at the proposed location is reasonably
expansive and the proposal will not diminish the amenity or function of both. No Council
infrastructure is located within the area of land proposed for sale.
A separate land division planning application will need to be pursued by the landowner to
finalise the boundary realignment process.
Summary and Conclusion
Council staff has determined that the portion of land in question can be closed without limiting
future access or serviceability of the area and recommend that the necessary consultation and
investigation work be pursued to allow this to occur.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Attachment 1 - Letter from Pauline and Wayne Jenkins (16/83893)
Attachment 2 - Locality and proposed closure Plan
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
Natural Environment and Built Heritage
Infrastructure
1.11 Ensure the unique character of the rural landscape is appropriately managed.
3.1 Develop and implement sound asset management which delivers sustainable services.
Corporate Plan
6.1 Ensure that the community has access to information regarding the discussions held and
decisions made by Elected Members.
Legislative Requirements
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Roads (Opening and Closing) Act 1991
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
All associated costs are to be funded by the applicant.
Any funds realised by the sale of the land is not indicated as income in the current budget.
COMMUNITY CONSULTATION
Community Consultation will be undertaken on behalf of the applicant at their cost through the
engagement of a licensed surveyor.
7.4.1.2
PROPOSED ROAD CLOSURE – BAROSSA TRIATHLON – “2017 COME AND TRI” EVENTS
B4295
Author: Manager Operations
MOVED Cr Hurn that
(1) the Commissioner of Police be advised that The Barossa Council endorses the
closure of the following roads on Friday 10 February 2017, Friday 24 February 2017
and Friday 3 March 2017:
Memorial Avenue, Nuriootpa between Park Avenue and Lae Road, and
Kokoda Road between Memorial Avenue and Penrice Road
from 5.30pm up to 9.00 pm, and
(2) the following speed restrictions be implemented on Friday 10 February 2017, Friday
24 February 2017 and Friday 3 March 2017:
25 km/h zone on Penrice Road between Buna Terrace and Park Terrace,
25 km/h zone on Research Road between Ray Beckwith Boulevard and
300 metres south of Penrice Road,
from 5.30pm up to 9.00pm
to stage the 2017 Barossa Triathlon “Come and Tri” events.
Seconded Cr Milne CARRIED 2014-18/920
PURPOSE
Trikings Triathlon Club – Barossa Triathlon has made application to Council requesting road
closures for the 2017 Barossa Triathlon Come and Tri events planned for three Friday evenings in
February and March.
REPORT
Background
Three 'Come and Tri' events were held at the Nuriootpa War Memorial Pool in 2016 to encourage
the community to participate in the sport of Triathlon, and as a means to determine if there is
sufficient community support to sustain the formation of a Barossa Triathlon Club.
The suggestion to stage the 2016 event came from the 2015 community survey regarding
community attitudes to usage at the Nuriootpa War Memorial Pool and the request for new
ideas to increase visitation.
Introduction
During February and March 2016 three “Come and Tri” events were held at the Nuriootpa War
Memorial Pool and were very well supported with an average attendance at each event of 83
participants.
These participation rates surpassed expectations and brought patronage to the pool and new
participants to the sport of triathlon.
2017/34
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
Organisers considered the public support sufficient to run the event again in 2017.
Summary and Conclusion
Council has previously supported this event by organising and implementing the road closure.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Nil
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
2. Community and Culture
4. Health and Wellbeing
Business and Employment
2.1 Initiate and support activities which encourage participation and pride in the Barossa
Council area.
2.6 Support a vibrant and growing arts, cultural, heritage and events sector.
4.2 Create opportunities for people of all ages and abilities to participate in the community.
5.13 Support economic development through events
Legislative Requirements
Local Government Act 1999
Road Traffic Act 1961
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Financial and Resources -
The in-kind cost and implementation of the road closure is to be met by Council via Council’s
Road Closure – Support budget.
Risk management –
Council officers deem the closure necessary as a risk mitigation strategy to maintain the safety
of participants and the general public.
COMMUNITY CONSULTATION
The community will be advised of the proposal by public advertisements to be placed in The
Herald and Leader and also via placement of the SAPOL notice on Council’s website.
7.4.1.3
PROPOSED ROAD CLOSURE – 2017 BAROSSA VINTAGE FESTIVAL – ZIEGENMARKT
B4295
Author: Manager Operations
MOVED Cr de Vries that the Commissioner of Police be advised that The Barossa
Council endorses the closure of the following roads on Thursday 20 April 2017:
Maria Street from Julius Street to Young Street and
John Street from William Street to Albert Street
from 6.30am up to 12 noon
to stage the 2017 Ziegenmarkt as part of the 2017 Barossa Vintage Festival.
Seconded Cr Miller CARRIED 2014-18/921
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The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
PURPOSE
A request has been received from the organisers of the Ziegenmarkt for the temporary closure of
“Goat Square, Tanunda” and several surrounding streets in Tanunda, for the staging of
Ziegenmarkt, an official event of the 2017 Barossa Vintage Festival.
REPORT
Background
The 2017 Barossa Vintage Festival Program describes the event held in Goat Square Tanunda as
“A quintessential Barossa event featuring Barossa Wine and food, a live auction and plenty of
family friendly entertainment”.
Introduction
Literally meaning “goat market”, the Ziegenmarkt first appeared in Tanunda during the mid-
1800’s. Organisers of the 2017 event promise participants a bustling live market and an
opportunity to bid on fresh produce, buy livestock, taste the local fare and embrace the sights,
sounds, tastes and experiences of a bygone era.
Programmed to be held on Thursday 20 April 2017 this is a free event scheduled to run between
8.00am and 11.00am.
Summary and Conclusion
Council has previously supported this event by organising and implementing the road closure.
The proposed road closure is pursuant to Section 33 of the Road Traffic Act 1961.
Parking restrictions will also be implemented along one side of each of the surrounding streets,
being Maria Street, John Street, Julius Street, Young Street and William Street to allow smooth
passage of vehicles utilising the detours.
The road closure and parking restrictions are deemed necessary as a risk mitigation strategy to
maintain the safety of participants and the general public.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Nil
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
2. Community and Culture
4. Health and Wellbeing
Business and Employment
2.1 Initiate and support activities which encourage participation and pride in the Barossa
Council area.
2.6 Support a vibrant and growing arts, cultural, heritage and events sector.
4.2 Create opportunities for people of all ages and abilities to participate in the community.
5.13 Support economic development through events
Legislative Requirements
Local Government Act 1999
Road Traffic Act 1961
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Financial and Resources - The in-kind cost and implementation of this road closure will be funded via Council’s Road
Closure - Support budget.
2017/36
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
Risk management –
Council officers deem the closure necessary as a risk mitigation strategy to maintain the safety
of participants and the general public.
COMMUNITY CONSULTATION
The community will be advised of the proposal by public advertisements to be placed in The
Herald and Leader and also via placement of the SAPOL notice on Council’s website.
7.4.1.4
PROPOSED ROAD CLOSURE – 2017 BAROSSA AIR SHOW
B4295
Author: Manager Operations
MOVED Cr Milne that the Commissioner of Police be advised that The Barossa Council
endorses Koch Road, Rowland Flat between Barossa Valley Way and Nitschke Road be
closed for west bound traffic between 8.00am and 5.00pm on Sunday 2 April 2017, for
the 2017 Barossa Air Show.
Seconded Cr Grossman CARRIED 2014-18/922
PURPOSE
A request has been received from the St Jakobi Lutheran School Air Show Committee for the
closure of Koch Road, Rowland Flat for west bound traffic from Barossa Valley Way to Nitschke
Road between 8.00am and 5.00pm on Sunday 2 April 2017, for the Barossa Air Show.
REPORT
Background
The Barossa Airshow first took to the skies in 1998 and is the only one in the world to be run by a
school. It has gone on to become a nationally recognised event on the day there will be aerial
entertainment, stalls, affordable food and drink, static displays and family entertainment.
Introduction
The committee has requested the closure of Koch Road to improve pedestrian and traffic safety
along Koch Road and the adjacent Barossa Valley Way. They have requested that Koch Road
be only accessible during these hours for east bound vehicular traffic, enabling vehicles to be
parked on an adjacent property.
Summary and Conclusion
Council has previously supported this event by organising and implementing the road closure.
The proposed road closure is pursuant to Section 33 of the Road Traffic Act 1961.
The following traffic management controls will also be implemented: no vehicles be permitted to park along Koch Road between Barossa Valley Way and the
Koch Road railway crossing, and
the speed limit on Barossa Valley Way be lowered to 60km/h between 8.00am and
5.00pm, 600m either side of Koch Road.
The road closure and parking restrictions are deemed necessary as a risk mitigation strategy to
maintain the safety of participants and the general public.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Nil.
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
2. Community and Culture
2017/37
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
4. Health and Wellbeing
Business and Employment
2.1 Initiate and support activities which encourage participation and pride in the Barossa
Council area.
2.6 Support a vibrant and growing arts, cultural, heritage and events sector.
4.2 Create opportunities for people of all ages and abilities to participate in the community.
5.13 Support economic development through events
Legislative Requirements
Local Government Act 1999
Road Traffic Act 1961
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Financial and Resources - The in-kind cost and implementation of this road closure will be funded via Council’s Road
Closure - Support budget.
Risk management –
Council officers deem the closure necessary as a risk mitigation strategy to maintain the safety
of participants and the general public.
COMMUNITY CONSULTATION
The community will be advised of the proposal by public advertisements to be placed in The
Herald and Leader and also via placement of the SAPOL notice on Council’s website. Event
notification is the responsibility of the event organiser.
7.5.1 DIRECTOR DEVELOPMENT AND ENVIRONMENTAL SERVICES - DEBATE
7.5.1.1
CONSIDERATION AND ADOPTION OF COMMITTEE RESOLUTIONS
B4332
MOVED Cr de Vries that Council receive the Notes of the Disability Access Review
Committee Meeting held 12 December 2016.
Seconded Cr Seager CARRIED 2014-18/923
PURPOSE
The Minutes of Council Section 41 Committees are presented for consideration and adoption of
Council.
REPORT
The consideration and adoption of recommendations of Council Committees to Council
requires assessment by Council to ensure compliance with Council obligations under section
6(a) of the Local Government Act. The relevant Minutes received in the past month are hereby
presented for Council adoption.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Attachment 1: Notes of the Disability Access Review Committee Meeting held 12 December
2016
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
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The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
Natural Environment and Built Heritage
Corporate Plan
Natural Environment and Built Heritage
1.1 Collaborate with relevant authorities to ensure a regional and holistic approach in the
management of natural resources.
1.2 Support native eco systems that support native flora and fauna.
1.3 Ensure environmental and agricultural sustainability and historic significance of the region
is retained.
Legislative Requirements
Local Government Act and Regulations
Development Act and Regulations
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Identified within the body of the Minutes, and is included within the 2016-17 Budget.
COMMUNITY CONSULTATION
Not required by Council.
7.5.1.2 GAWLER RIVER FLOODPLAIN MANAGEMENT AUTHORITY – TECHNICAL ASSESSMENT PANEL
B4324
Author: Director, Development and Environmental Services
MOVED Cr de Vries that Council:
(1) Endorse the Terms of Reference for the Technical Assessment Panel as provided
by the Board of the Gawler River Floodplain Management Authority, and
authorise the Chief Executive Officer to respond with the suggestion that the
Executive Officer be a non-voting member and that an additional Constituent
Council representative be added.
(2) Nominate Mr Matt Elding, Director Works and Engineering Services to be
considered by the Board of the Gawler River Floodplain Management Authority
for appointment as a Constituent Council representative of the Technical
Assessment Panel.
Seconded Cr Milne CARRIED 2014-18/924
PURPOSE
To seek Council endorsement of the Terms of Reference for the GRFMA Technical Assessment
Panel (TAP), and seek invitation from Council to nominate appropriately qualified persons for
consideration for appointment for the Panel.
REPORT
Background
David Hitchcock, the newly appointed Executive Officer of the Gawler River Floodplain
Management Authority (GRFMA) has written to the Chief Executive Officer in regard to the
Membership and Terms of Reference of the GRFMA Technical Assessment Panel (TAP).
The Technical Assessment Panel has been previously appointed to support the decision-making
processes of the GRFMA with delegated powers to provide advice and manage the technical
aspects of the design, assessment and construction of the various parts of the Scheme.
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The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
Introduction
At its meeting on 8 December 2016, the Board considered correspondence from the City of
Playford nominating Braden Austin to fill the current vacancy on the TAP. It was resolved that all
Constituent Councils be afforded the opportunity to nominate a suitably qualified person to fill
the current vacancy.
Additionally, the meeting authorised attendance of an observer from the Lower Gawler River
Reference Group to attend TAP meetings for the period of time that the Lower Gawler River
Options are being considered. This reference group had been established post the September
flood event to address flooding in the lower reaches of the Gawler River.
Discussion
Terms of Reference:
Pursuant to Clause 8.2.8 of the Board’s Charter, the Board has the power to establish
Committees. The Terms of Reference (TOR) for the TAP are not complex and provide a high
degree of flexibility for the Panel to address matters referred to it for consideration.
Given the interest from other parties to participate in the TAP, an opportunity to review the TOR
has been undertaken. Accordingly, the Terms of Reference for the TAP has been amended and
now circulated for comment (Attachment 1).
The Terms of Reference dictated the Panel will be appointed by the GRFMA and will comprise six
members consisting of:
• 2 GRFMA representatives (being Independent Chair and Executive Officer)
• 1 Constituent Council representative (appointed by the GRFMA)
• 1 DPTI representative, Stormwater Engineer
• 1 DEWNR representative, Flood Hazard
• 1 SA Water representative, Engineer Dams
The previous Executive Officer (Dean Gollan) had raised with the Board the value of having the
Executive Officer as a formal member of the TAP, suggesting that the Executive Officer attend
meetings, but with no voting capacity. It is considered that this would be a good approach, and
would allow for two Constituent Council representatives, making the representation as follows:
• 1 GRFMA representatives (being Independent Chair)
• 2 Constituent Council representative (appointed by the GRFMA)
• 1 DPTI representative, Stormwater Engineer
• 1 DEWNR representative, Flood Hazard
• 1 SA Water representative, Engineer Dams
To address the interest from other parties, amendment to the TOR for the GRFMA to call in
additional skills and knowledge to the TAP is supported, as at times the need for specific or
localised knowledge will greatly assist in the assessment undertaken by the TAP.
All other aspects of the TOR are considered appropriate for the nature of the activity
undertaken by the TAP.
Membership:
The current Panel Members include:
• Ian Baldwin (Chairman)
• David Hitchcock (Executive Officer)
• Chrissie Bloss (DEWNR)
• Derek Moore (SA Water)
• Bill Lipp (DPTI)
No replacement has been appointed following the resignation of previous Panel Member, Harry
Pitrans (Playford Council).
As stated above, while the City of Playford has put forth a nomination, the Board resolved that
all Constituent Councils be afforded the opportunity to nominate suitably qualified person to fill
the current vacancy. This can either be an elected member or a council officer.
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Summary and Conclusion
The Board of the Gawler River Floodplain Management Authority seek endorsement by the
Constituent Council of the amended Terms of Reference for the Technical Assessment Panel,
and seek invitation from Council to nominate appropriately qualified persons for consideration
for appointment of a Council representative for the Panel.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Attachment 1 – Technical Assessment Panel Terms of Reference
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
Community and Culture
Infrastructure
How We Work – Good Governance
Corporate Plan
6.17 Advocate for The Barossa Council and its community, our region or local government in
South Australia through direct action, representation on or collaboration with local, regional or
State bodies.
Legislative Requirements
Local Government Act 1999
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Financial
Nil
Resources
Nil
Risk Management
Nil
COMMUNITY CONSULTATION
Nil
8. CONFIDENTIAL AGENDA
8.1 GROUP MANAGER CORPORATE SERVICES - CONFIDENTIAL -10.01 AM
8.1.1
CONSIDERATION AND ADOPTION OF RESOLUTIONS OF THE AUDIT COMMITTEE
CONFIDENTIAL MEETING HELD 20 DECEMBER 2016 IN RELATION TO THE SERVICE REVIEW
PROJECT – PRESENTATION OF STAGE 1 DRAFT REPORT The matter of the agenda item relating to a Report on the commercial in confidence
draft report for Stage 1 of the Service Review Project and pursuant to Section 90(3) (d)
of the Local Government Act 1999 (“the Act”) being 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; and being information that
must be considered in confidence in order to ensure that the Audit Committee does
2017/41
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
not disclose commercially sensitive information while the Service Review Report is still in
draft format and subject to further development and consideration.
There is strong public interest in enabling members of the public to observe Council’s
transparent and informed decision-making. This helps to ensure accountability,
maintain transparency of public expenditure, facilitate public participation, assist public
awareness and allow for the scrutiny of information. Attendance at a Council meeting
is one means of satisfying this interest. The public will only be excluded from a Council
meeting when the need for confidentiality pursuant to Section 90(2) of the Act
outweighs the public interest of open decision-making.
In this matter, the reason that receipt, consideration or discussion of the information or
matter in a meeting open to the public would be contrary to the public interest is that it
relates to draft information in a format that relies on the commercial in confidence
methodology and intellectual property of the consultant engaged to conduct the
Service Review.
On balance, the above reason which supports the need for confidentiality pursuant to
Section 90(2) of the Act outweighs the factors in favour of the public interest of open
decision-making.
MOVED Cr Miller that Council:
(1) Under the provisions of Section 90(2) of the Local Government Act 1999, make
an order that the public be excluded from the meeting with the exception of
the Acting Chief Executive Officer, Community Project Director, Group Manager
Corporate Services, Group Manager Community Services, Acting Director
Development and Environmental Services, Director Works and Engineering,
Communications Officer and the Minute Secretary, in order to consider in
confidence, the Minutes of the Confidential Audit Committee meeting held 20
December 2016, relating to the Service Review Project Presentation of Stage 1
Draft Report and in accordance with Section 90(3) (d) of the Local Government
Act 1999 (“the Act”) being 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;
(2) Accordingly, on this basis, Council is satisfied that public interest in conducting
meetings in a place open to the public has been outweighed by the need to
keep the information and discussion confidential to comply with the Audit
Committee and Council’s obligation not to release information relating to the
draft report information in a format that relies on the commercial in confidence
methodology and intellectual property of the consultant (LKS Quaero Pty Ltd)
engaged to conduct the Service Review. Seconded Cr Milne CARRIED 2014-18/925
RESUMPTION OF OPEN COUNCIL MEETING – 10.04AM
The open meeting of Council resumed at 10.04am
In the matter 8.1.1 Consideration and Adoption of Resolutions of the Audit Committee
Confidential Meeting Held 20 December 2016 in Relation to the Service Review Project
– Presentation Of Stage 1 Draft Report:
MOVED Cr Milne that Council:
(1) Having reviewed the Minutes of the Confidential Audit Committee meeting held
20 December 2016 at 11.38am adopt the Resolution/s contained therein.
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The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
(2) Having considered this matter in confidence under Section 90(2) and 90(3)(d) of
the Local Government Act 1999, makes an order pursuant to Section 91(7), that the
Minutes in relation to confidential item 8.1.1, Consideration and Adoption of
Resolutions of the Audit Committee Meeting held 20 December 2016 in relation to
the Service Review Project – Presentation of Stage 1 Draft Report, be kept
confidential and not available for public inspection until the end of the meeting.
(3) Having considered this matter in confidence under Section 90(2) and 90(3)(d) of
the Local Government Act 1999, makes an order pursuant to Section 91(7), that the
agenda report and associated documents in relation to confidential item 8.1.1,
Consideration and Adoption of Resolutions of the Audit Committee Meeting held
20 December 2016 in relation to the Service Review Project – Presentation of Stage
1 Draft Report, be kept confidential and not available for public inspection other
than information required to be released in accordance with any relevant
requirements of Section 91(8) of the Local Government Act 1999; and
(4) In accordance with (3) above and Section 91(9)(c) of the Local Government Act
1999, authorises the Chief Executive Officer to review and revoke the order.
Seconded Cr Miller CARRIED CO2014/18-46
8.2 MANAGER COMMUNITY & FACILITIES DEVELOPMENT- CONFIDENTIAL - 10.04AM
8.2.1
MEMORIAL PLAQUE REQUEST – WILLIAMSTOWN ROAD, WILLIAMSTOWN
The matter of the agenda item being a request to install a roadside memorial plaque at
a location on Williamstown Road, Williamstown, which includes sensitive personal
circumstances, and pursuant to Section 90(3)(a) of the Local Government Act 1999
(“the Act”), being information the disclosure of which would involve the unreasonable
disclosure of information concerning the personal affairs of any person (living or dead).
There is strong public interest in enabling members of the public to observe Council’s
transparent and informed decision-making. This helps to ensure accountability,
maintain transparency of public expenditure, facilitate public participation, assist public
awareness and allow for the scrutiny of information. Attendance at a Council meeting
is one means of satisfying this interest. The public will only be excluded from a Council
meeting when the need for confidentiality pursuant to Section 90(2) of the Act
outweighs the public interest of open decision-making.
In this matter, the reason that receipt, consideration or discussion of the information or
matter in a meeting open to the public would be contrary to the public interest is that
the disclosure of private information of an individual would be unfair or harmful.
On balance, the above reason which supports the need for confidentiality pursuant to
Section 90(2) of the Act outweighs the factors in favour of the public interest of open
decision making.
MOVED Cr Milne that Council:
(1) Under the provisions of Section 90(2) of the Local Government Act 1999, make
an order that the public be excluded from the meeting with the exception of
the Acting Chief Executive Officer, Group Manager Corporate Services, Group
Manager Community Services, Acting Director Development and Environmental
Services, Director Works and Engineering, Manager Community and Facilities
Development, Communications Officer and the Minute Secretary, in order to
consider in confidence, a report relating to Section 90(3) (a) of the Local
Government Act 1999 being information the disclosure of which would involve
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The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
the unreasonable disclosure of information concerning the personal affairs of
any person (living or dead);
(2) Accordingly, on this basis, Council is satisfied that public interest in conducting
meetings in a place open to the public has been outweighed by the need to
keep the information and discussion confidential to prevent the unreasonable
disclosure of information concerning the personal affairs of an individual and/or
individuals.
Seconded Cr Miller CARRIED 2014-18/926
RESUMPTION OF OPEN COUNCIL MEETING – 10.19AM The open meeting of Council resumed at 10.19am.
In the matter 8.2.1 – Memorial Plaque Request – Williamstown Road, Williamstown:
MOVED Cr Lange that Council
(1) Confidential resolution
(2) Confidential resolution
(3) Having considered this matter in confidence under Section 90(2) and 90(3)(a) of
the Local Government Act 1999, makes an order pursuant to Section 91(7), that
the agenda report, associated documents and minutes, other than the minutes
relating to this confidentiality order of the Confidential Council Meeting held on
24 January 2017 in relation to confidential item 8.2.1, Memorial Plaque Request –
Williamstown Road, Williamstown, be kept confidential and not available for
public inspection other than information required to be released in accordance
with any relevant requirements of Section 91(8) of the Local Government Act
1999; and
(4) In accordance with (3) above and Section 91(9)(c) of the Local Government
Act 1999, authorises the Chief Executive Officer to review and revoke the order.
Seconded Cr Miller CARRIED CO2014/18-47
8.3 DIRECTOR DEVELOPMENT AND ENVIRONMENTAL SERVICES – CONFIDENTIAL –10.19AM
8.3.1
GAWLER RIVER 2016 FLOOD REVIEW: PRELIMINARY REPORT – FIRST DRAFT DECEMBER 2016
This report relates to the first draft of a Preliminary Report on the 2016 flooding of the
Gawler River that contains three key recommendations based on Condition and
Maintenance of the River and Mitigation Works that may impact private land owners
within the lower catchment. Pursuant to Section 90(3)(g) of the Local Government Act
1999 (“the Act”) being 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.
Accordingly it is recommended that the report remains confidential until as such time
that the Authority’s Board makes a decision to release the report, based on feedback
from all Constituent Councils.
On balance, the above reason which supports the need for confidentiality pursuant to
Section 90(2) of the Act outweighs the factors in favour of the public interest of open
decision making.
MOVED Cr Grossman that Council:
(1) Under the provisions of Section 90(2) of the Local Government Act 1999 an order
be made that the public be excluded from the meeting, with the exception of
the Acting Chief Executive Officer, Acting Director Development and
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The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
Environmental Services, Director Works and Engineering, Group Manager
Corporate Services, Acting Group Manager Community Services and the Minute
Secretary, in order to consider in confidence a report relating to Section 90(3)(g)
of the Local Government Act 1999 relating to 8.3.1 Gawler River 2016 Flood
Review:
Preliminary Report - First Draft December 2016 being 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; and
(2) Accordingly, on this basis, Council is satisfied that public interest in conducting
meetings in a place open to the public has been outweighed by the need to
keep the information and discussion confidential until as such time that the
Board makes a decision to release the report, based on feedback from all
Constituent Councils.
Seconded Cr Milne CARRIED 2014-18/927
RESUMPTION OF OPEN COUNCIL MEETING – 10.29AM
The open meeting of Council resumed at 10.29am.
In the matter 8.3.1 - Gawler River 2016 Flood Review: Preliminary Report – First
Draft December 2016:
MOVED Cr de Vries that Council
(1) Confidential resolution
(2) Having considered this matter in confidence under Section 90(2) and (3) (g) of
the Local Government Act 1999 makes an order pursuant to Section 91(7) of the
Act that the minutes and report of the Confidential Council Meeting held on 24
January 2017 in relation to Confidential Item 8.3.1 – Gawler River 2016 Flood
Review: Preliminary Report – First Draft Dated 15 December 2016, other than the
minutes relating to this confidentiality order, be kept confidential and not
available for public inspection for a period not greater than 12 months and that
the Chief Executive Officer be delegated the power to review and revoke this
order once the Board of the Gawler River Flood Management Authority
authorises the public release of the final report.
Seconded Cr Seager CARRIED CO2014/18-48
8.4 ACTING CHIEF EXECUTIVE OFFICER- CONFIDENTIAL– 10.29AM
8.4.1
CHARACTER PRESERVATION ACTIVATION – POLICY AND PLANNING DESIGN PROJECT
The matter and support documents of the agenda item contains information presented
by the Wine Food Tourism and Arts Cluster (WFTAC) and Regional Development
Australia - Barossa in support of a new initiative for the region, including options for
funding. Pursuant to Section 90(3)(d) of the Local Government Act 1999 (“the Act”)
being 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 being information that must be considered in confidence in order to ensure that
the Council does not disclose information that would prejudice any potential future
funding of the initiative.
2017/45
The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
In this matter, 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 is that
the disclosure would give an unfair advantage to a person with whom Council
proposes to do business and the disclosure of commercial sensitive information is not
warranted.
On balance, the above reason which supports the need for confidentiality pursuant to
Section 90(2) of the Act outweighs the factors in favour of the public interest of open
decision making.
MOVED Cr Boothby that Council:
(1) Under the provisions of Section 90(2) of the Local Government Act 1999 an order
be made that the public be excluded from the meeting, with the exception of
the Acting Chief Executive Officer, Acting Director Development and
Environmental Services, Director Works and Engineering, Group Manager
Corporate Services, Acting Group Manager Community Services and the Minute
Secretary, in order to consider in confidence a report relating to Section 90(3)(d)
of the Local Government Act 1999 relating to 8.4.1 Character Preservation
Activation – Policy and Planning Design Project being commercial information of
a confidential nature (not being a trade secret) the disclosure of which could
reasonably be expected to prejudice the commercial position of the person
who supplied the information, or to confer a commercial advantage on a third
party and (ii) would on balance, be contrary to the public interest); and
(2) Accordingly, on this basis, Council is satisfied that public interest in conducting
meetings in a place open to the public has been outweighed by the need to
keep the information and discussion confidential to prevent an unfair advantage
to a person with whom Council proposes to do business.
Seconded Cr Harris CARRIED 2014-18/928
RESUMPTION OF OPEN COUNCIL MEETING – 10.31AM
The open meeting of Council resumed at 10.31am.
In the matter 8.4.1 – Character Preservation Activation – Policy and Planning Design
Project:
MOVED Cr Angas that Council:
(1) Confidential resolution
(2) Confidential resolution
(3) having considered this matter in confidence under Section 90(2) and (3) (d) of
the Local Government Act 1999 makes an order pursuant to Section 91(7) of the
Act that the agenda, report, attachments and minutes relating to confidential
item 8.4.1 titled Character Preservation Activation – Policy and Planning Design
Project other than the minutes relating to this confidentiality order be kept
confidential and not available for public inspection for a period not greater than
12 months and that the Chief Executive Officer be delegated the power to
review and revoke this order.
Seconded Cr Boothby CARRIED CO2014/18-49
9. REPRESENTATIVES ON COUNCIL COMMITTEES - REPORTS
Nil
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The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017
10. OTHER BUSINESS
10.1
TOUR DOWN UNDER 2017
MOVED Cr Lange That Council provide funds towards a barbecue to thank volunteers
from the Southern Barossa Alliance for their commitment to assisting Council with co-
hosting the 2017 Tour Down Under event and to congratulate Lyndoch and
Williamstown for the Best Dressed Town awards.
Seconded Cr de Vries CARRIED 2014-18/929
11. NEXT MEETING
Tuesday 21 February 2017 at 9.00am
12. CLOSURE OF MEETING
Mayor Sloane declared the meeting closed at 10.42am.
Confirmed at Council Meeting – Tuesday 21 February 2017
Date:......................................... Mayor:...................................
2017/1
The Barossa Council CONFIDENTIAL Minutes of Council Meeting held on 24 January 2017
CONFIDENTIAL
CONFIDENTIAL MINUTES
OF THE MEETING OF THE BAROSSA COUNCIL
held pursuant to the provisions of Section 90(2) of the Local Government
Act 1999 and held on
Tuesday 24 January 2017 commencing at 10.01am
MEMBERS PRESENT
Mayor Bob Sloane, Crs Scotty Milne (Deputy Mayor) Dave de Vries, Bim Lange,
Mark Grossman, John Angas, Margaret Harris, Michael Seager, Richard Miller,
Tony Hurn and Leonie Boothby
OFFICERS PRESENT
Mr Gary Mavrinac, Acting Chief Executive Officer, Mr Matt Elding, Director
Works and Engineering, Mr Louis Monteduro, Acting Director Development and
Environmental Services, Mr Vincent Marsland, Group Manager Community
Services, Mr Mark Lague, Group Manager Corporate Services and Ms Lorraine
Walsh, Executive Assistant
LEAVE OF ABSENCE
Nil
APOLOGIES
Cr Christopher Harms
8.1 GROUP MANAGER CORPORATE SERVICES - CONFIDENTIAL
8.1.1
CONSIDERATION AND ADOPTION OF RESOLUTIONS OF THE AUDIT COMMITTEE
CONFIDENTIAL MEETING HELD 20 DECEMBER 2016 IN RELATION TO THE SERVICE
REVIEW PROJECT – PRESENTATION OF STAGE 1 DRAFT REPORT
B4312
MOVED Cr Milne
That Council:
(1) Having reviewed the Minutes of the Confidential Audit Committee
meeting held 20 December 2016 at 11.38am adopt the Resolution/s
contained therein.
(2) Having considered this matter in confidence under Section 90(2) and
90(3)(d) of the Local Government Act 1999, makes an order pursuant to
Section 91(7), that the Minutes in relation to confidential item 8.1.1,
Consideration and Adoption of Resolutions of the Audit Committee
Meeting held 20 December 2016 in relation to the Service Review Project –
Presentation of Stage 1 Draft Report, be kept confidential and not
available for public inspection until the end of the meeting.
(3) Having considered this matter in confidence under Section 90(2) and
90(3)(d) of the Local Government Act 1999, makes an order pursuant to
Section 91(7), that the agenda report and associated documents in
OUT OF CONFIDENCE
2017/2
The Barossa Council CONFIDENTIAL Minutes of Council Meeting held on 24 January 2017
relation to confidential item 8.1.1, Consideration and Adoption of
Resolutions of the Audit Committee Meeting held 20 December 2016 in
relation to the Service Review Project – Presentation of Stage 1 Draft
Report, be kept confidential and not available for public inspection other
than information required to be released in accordance with any relevant
requirements of Section 91(8) of the Local Government Act 1999; and
(4) In accordance with (3) above and Section 91(9)(c) of the Local
Government Act 1999, authorises the Chief Executive Officer to review
and revoke the order.
Seconded Cr Miller CARRIED CO2014/18-46
CLOSURE OF CONFIDENTIAL MEETING
There being no further business the confidential meeting closed at 10.04am.
Confirmed at Council meeting Tuesday 21 February 2017
Date: ................................................ Mayor: ..............................................
OUT OF CONFIDENCE
2017/3
The Barossa Council CONFIDENTIAL Minutes of Council Meeting held on 24 January 2017
CONFIDENTIAL
CONFIDENTIAL MINUTES
OF THE MEETING OF THE BAROSSA COUNCIL
held pursuant to the provisions of Section 90(2) of the Local Government
Act 1999 and held on
Tuesday 24 January 2017 commencing at 10.04am
MEMBERS PRESENT
Mayor Bob Sloane, Crs Scotty Milne (Deputy Mayor) Dave de Vries, Bim Lange,
Mark Grossman, John Angas, Margaret Harris, Michael Seager, Richard Miller,
Tony Hurn and Leonie Boothby
OFFICERS PRESENT
Mr Gary Mavrinac, Acting Chief Executive Officer, Mr Matt Elding, Director
Works and Engineering, Mr Louis Monteduro, Acting Director Development and
Environmental Services, Mr Vincent Marsland, Group Manager Community
Services, Mr Mark Lague, Group Manager Corporate Services, Mrs Rebecca
Tappert, Manager Community and Facilities Development and Ms Lorraine
Walsh, Executive Assistant
LEAVE OF ABSENCE
Nil
APOLOGIES
Cr Christopher Harms
8.2 MANAGER COMMUNITY & FACILITIES DEVELOPMENT - CONFIDENTIAL
8.2.1 MEMORIAL PLAQUE REQUEST – WILLIAMSTOWN ROAD, WILLIAMSTOWN
MOVED Cr Lange that Council
(1) Requires Officers to respectfully advise the Nienaber Family that it does
not support the installation of the requested roadside memorial to be
placed adjacent to the property of 781 Williamstown Road, Williamstown
and advise alternative options of a white cross or roadside crash marker.
(2) That Officers present a draft Roadside Memorial Policy to a future
Council meeting.
(3) Having considered this matter in confidence under Section 90(2) and
90(3)(a) of the Local Government Act 1999, makes an order pursuant to
Section 91(7), that the agenda report, associated documents and
minutes, other than the minutes relating to this confidentiality order of the
Confidential Council Meeting held on 24 January 2017 in relation to
confidential item 8.2.1, Memorial Plaque Request – Williamstown Road,
Williamstown, be kept confidential and not available for public
inspection other than information required to be released in accordance
with any relevant requirements of Section 91(8) of the Local Government
Act 1999; and
OUT OF CONFIDENCE
2017/4
The Barossa Council CONFIDENTIAL Minutes of Council Meeting held on 24 January 2017
(4) In accordance with (3) above and Section 91(9)(c) of the Local
Government Act 1999, authorises the Chief Executive Officer to review
and revoke the order.
Seconded Cr Miller CARRIED CO2014/18-47
CLOSURE OF CONFIDENTIAL MEETING
There being no further business the confidential meeting closed at 10.19am.
Confirmed at Council meeting Tuesday 21 February 2017
Date: ................................................ Mayor: ..............................................
OUT OF CONFIDENCE
2017/5
The Barossa Council CONFIDENTIAL Minutes of Council Meeting held on 24 January 2017
CONFIDENTIAL
CONFIDENTIAL MINUTES
OF THE MEETING OF THE BAROSSA COUNCIL
held pursuant to the provisions of Section 90(2) of the Local Government
Act 1999 and held on
Tuesday 24 January 2017 commencing at 10.19am
MEMBERS PRESENT
Mayor Bob Sloane, Crs Scotty Milne (Deputy Mayor) Dave de Vries, Bim Lange,
Mark Grossman, John Angas, Margaret Harris, Michael Seager, Richard Miller,
Tony Hurn and Leonie Boothby
OFFICERS PRESENT
Mr Gary Mavrinac, Acting Chief Executive Officer, Mr Matt Elding, Director
Works and Engineering, Mr Louis Monteduro, Acting Director Development and
Environmental Services, Mr Vincent Marsland, Group Manager Community
Services, Mr Mark Lague, Group Manager Corporate Services and Ms Lorraine
Walsh, Executive Assistant
LEAVE OF ABSENCE
Nil
APOLOGIES
Cr Christopher Harms
8.3 DEVELOPMENT AND ENVIRONMENTAL SERVICES - CONFIDENTIAL
8.3.1
GAWLER RIVER 2016 FLOOD REVIEW: PRELIMINARY REPORT - FIRST DRAFT DATED 15
DECEMBER 2016
B4324
Author: Director, Development and Environmental Services
MOVED Cr de Vries that Council authorise the Chief Executive Officer to write to
the Gawler River Floodplain Management Authority advising that;
(1) Council has received and noted the Gawler River 2016 Flood Review
Preliminary Report, and supports the Authority’s intent to expedite vital
negotiations with the Federal and State Governments regarding
potential funding for the flood mitigation works identified within the
report.
(2) Council requests that the Authority’s Board have the final report:
(a) provide a more rigorous and balanced debate for each
mitigation option before deciding on the way forward
(b) acknowledge that with the Northern Floodway option, there
may be unintentional consequences to redirecting naturally
formed watercourses and flood flow paths to other
alignments.
(3) Having considered this matter in confidence under Section 90(2) and (3)
(g) of the Local Government Act 1999 makes an order pursuant to
OUT OF CONFIDENCE
2017/6
The Barossa Council CONFIDENTIAL Minutes of Council Meeting held on 24 January 2017
Section 91(7) of the Act that the minutes and report of the Confidential
Council Meeting held on 24 January 2017 in relation to Confidential Item
8.3.1 – Gawler River 2016 Flood Review: Preliminary Report – First Draft
Dated 15 December 2016, other than the minutes relating to this
confidentiality order, be kept confidential and not available for public
inspection for a period not greater than 12 months and that the Chief
Executive Officer be delegated the power to review and revoke this
order once the Board of the Gawler River Flood Management Authority
authorises the public release of the final report.
Seconded Cr Seager CARRIED CO2014/18-48
CLOSURE OF CONFIDENTIAL MEETING
There being no further business the confidential meeting closed at 10.29am.
Confirmed at Council meeting Tuesday 21 February 2017
Date: ................................................ Mayor: ..............................................
OUT OF CONFIDENCE
2017/7
The Barossa Council CONFIDENTIAL Minutes of Council Meeting held on 24 January 2017
CONFIDENTIAL
CONFIDENTIAL MINUTES
OF THE MEETING OF THE BAROSSA COUNCIL
held pursuant to the provisions of Section 90(2) of the Local Government
Act 1999 and held on
Tuesday 24 January 2017 commencing at 10.29am
MEMBERS PRESENT
Mayor Bob Sloane, Crs Scotty Milne (Deputy Mayor) Dave de Vries, Bim Lange,
Mark Grossman, John Angas, Margaret Harris, Michael Seager, Richard Miller,
Tony Hurn and Leonie Boothby
OFFICERS PRESENT
Mr Gary Mavrinac, Acting Chief Executive Officer, Mr Matt Elding, Director
Works and Engineering, Mr Louis Monteduro, Acting Director Development and
Environmental Services, Mr Vincent Marsland, Group Manager Community
Services, Mr Mark Lague, Group Manager Corporate Services and Ms Lorraine
Walsh, Executive Assistant
LEAVE OF ABSENCE
Nil
APOLOGIES
Cr Christopher Harms
8.4 ACTING CHIEF EXECUTIVE OFFICER - CONFIDENTIAL
8.4.1
CHARACTER PRESERVATION ACTIVATION – POLICY AND PLANNING DESIGN
PROJECT
B6026
MOVED Cr Angas that Council;
(1) Support the collaboration for the Character Preservation Activation initiative
as proposed by Wine Food Tourism and Arts Cluster in association with RDA
Barossa, The Barossa Council and Light Regional Council.
(2) Support the allocation of $25,000 as a co-contribution, as well as in kind
support (valuing $25,000), which will be factored into Council’s budgetary
process and Long Term Financial Plan should the other parties agree to their
co-contribution.
(3) Having considered this matter in confidence under Section 90(2) and (3) (d)
of the Local Government Act 1999 makes an order pursuant to Section 91(7)
of the Act that the agenda, report, attachments and minutes relating to
confidential item 8.4.1 titled Character Preservation Activation – Policy and
Planning Design Project other than the minutes relating to this confidentiality
order be kept confidential and not available for public inspection for a
period not greater than 12 months and that the Chief Executive Officer be
delegated the power to review and revoke this order.
Seconded Cr Boothby CARRIED CO2014/18-49
OUT OF CONFIDENCE
2017/8
The Barossa Council CONFIDENTIAL Minutes of Council Meeting held on 24 January 2017
CLOSURE OF CONFIDENTIAL MEETING
There being no further business the confidential meeting closed at 10.31am.
Confirmed at Council meeting Tuesday 21 February 2017
Date: ................................................ Mayor: ..............................................
OUT OF CONFIDENCE