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2013/72 The Barossa Council Minutes of Council Meeting held on Tuesday 16 April 2013 MINUTES OF THE MEETING OF THE BAROSSA COUNCIL held on Tuesday 16 April 2013, commencing at 9.00am in the Council Chambers, 43-51 Tanunda Road, Nuriootpa 1.1 WELCOME Mayor Hurn declared the meeting open at 9.00am. 1.2 MEMBERS PRESENT Mayor Hurn, Crs Scotty Milne (Deputy Mayor), Michael Seager, Bridgette Kies, Margaret Harris, John Angas, Dave de Vries, David Lykke, Bob Sloane and Susie Reichstein 1.3 LEAVE OF ABSENCE Nil 1.4 APOLOGIES Cr Richard Miller MOVED Cr Lykke that the apology from Cr Miller be received. Seconded Cr Harris CARRIED 1.5 MINUTES OF PREVIOUS COUNCIL MEETING MOVED Cr Sloane that the Minutes of the Council meeting held on Tuesday 19 March 2013 at 9.00am, as circulated, be confirmed as a true and correct record of the proceedings of that meeting. Seconded Cr Seager CARRIED MINUTES OF PREVIOUS CONFIDENTIAL COUNCIL MEETING MOVED Cr Milne that the Minutes of the Confidential Council meeting held on Tuesday 19 March 2013 at 10.11am, as circulated, be confirmed as a true and correct record of the proceedings of that meeting. Seconded Cr Kies CARRIED

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Page 1: MINUTES OF THE MEETING OF THE BAROSSA COUNCIL held on ... · McArthur have proposed the same assessment methodology as prior years, the Salmac Review system, the process is outlined

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The Barossa Council Minutes of Council Meeting held on Tuesday 16 April 2013

MINUTES OF THE MEETING OF THE BAROSSA COUNCIL

held on Tuesday 16 April 2013, commencing at 9.00am in the Council Chambers, 43-51 Tanunda Road, Nuriootpa

1.1 WELCOME Mayor Hurn declared the meeting open at 9.00am. 1.2 MEMBERS PRESENT Mayor Hurn, Crs Scotty Milne (Deputy Mayor), Michael Seager, Bridgette Kies, Margaret Harris, John Angas, Dave de Vries, David Lykke, Bob Sloane and Susie Reichstein

1.3 LEAVE OF ABSENCE Nil 1.4 APOLOGIES Cr Richard Miller MOVED Cr Lykke that the apology from Cr Miller be received. Seconded Cr Harris CARRIED 1.5 MINUTES OF PREVIOUS COUNCIL MEETING MOVED Cr Sloane that the Minutes of the Council meeting held on Tuesday 19 March 2013 at 9.00am, as circulated, be confirmed as a true and correct record of the proceedings of that meeting. Seconded Cr Seager CARRIED MINUTES OF PREVIOUS CONFIDENTIAL COUNCIL MEETING MOVED Cr Milne that the Minutes of the Confidential Council meeting held on Tuesday 19 March 2013 at 10.11am, as circulated, be confirmed as a true and correct record of the proceedings of that meeting. Seconded Cr Kies CARRIED

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MINUTES OF PREVIOUS CONFIDENTIAL COUNCIL MEETING MOVED Cr Milne that the Minutes of the Confidential Council meeting held on Tuesday 19 March 2013 at 10.12am, as circulated, be confirmed as a true and correct record of the proceedings of that meeting. Seconded Cr Seager CARRIED 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 MOVED Cr Harris that the Mayor’s report be received. Seconded Cr de Vries CARRIED 3 COUNCILLORS’ REPORTS MOVED Cr Milne that the Councillor report from Cr Milne be received. Seconded Cr Sloane CARRIED 4 CONSENSUS AGENDA 5 ADOPTION OF CONSENSUS AGENDA 5.1 ITEMS FOR EXCLUSION FROM THE CONSENSUS AGENDA

Nil 5.2 RECEIPT OF CONSENSUS AGENDA

MOVED Cr Seager that the information items contained in the Consensus Agenda be received and that any recommendations contained therein be adopted. Seconded Cr Harris CARRIED

5.3 DEBATE OF ITEMS EXCLUDED FROM CONSENSUS AGENDA Nil 6. VISITORS TO THE MEETING Refer Page 2013/81 of these Minutes.

7. DEBATE AGENDA 7.1 MAYOR – DEBATE

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7.1.1 NAIDOC WEEK SCHOOLS INITIATIVE - REQUEST FOR SPONSORSHIP MOVED Cr Milne that Council notes the request for sponsorship from Nunga Kids but declines to contribute $450 towards the cost of the School Initiative. Seconded Cr Sloane CARRIED

INTRODUCTION The NAIDOC Week School Initiative will be held nationally in June to promote education and awareness of Aboriginal and Torres Strait Islander culture. Council has been asked to support the celebration with a financial contribution. COMMENT Elected Members are referred to the letter received from Nunga Kids requesting $450 to help fund the NAIDOC School Initiative. The sponsorship is sought to cover the cost of printing and distributing information packs, posters and entry forms to schools. As an associate partner Council will be recognised in the information packs. There is no provision in the budget to fund this initiative, however Council may consider funding it through the Community Assistance Scheme. As this is a recurring request, Council may wish to budget for this initiative on an annual basis. LEGISLATION/POLICY/COUNCIL PLAN CONTEXT COUNCIL STRATEGIC PLAN: Strategic Plan -1.2 Youth; 1.5 Culture FINANCIAL AND RISK MANAGEMENT CONSIDERATIONS If approved funding will be sourced from Community Assistance Scheme budgeted funds.

COMMUNITY CONSULTATION Nil 7.1.2 NORTHERN REGION ENTERPRISE DAY (NRED) - REQUEST FOR SPONSORSHIP MOVED Cr Angas that Council notes the request for sponsorship from The University of Adelaide but declines to contribute to the 2013 Northern Region Enterprise Day. Seconded Cr Reichstein CARRIED INTRODUCTION The University of Adelaide is holding the 2013 NRED on 25 July and has written seeking sponsorship of the event. COMMENT Elected Members are referred to the letter received from The Adelaide University seeking sponsorship of the upcoming Northern Region Enterprise Day. The annual event aims to support enterprise education that benefits local secondary schools, namely Nuriootpa High School and Faith Lutheran College. There is no provision in the budget to fund this initiative. LEGISLATION/POLICY/COUNCIL PLAN CONTEXT COUNCIL STRATEGIC PLAN: Strategic Plan -1.2 Youth; 1.5 Culture

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FINANCIAL AND RISK MANAGEMENT CONSIDERATIONS If approved funding a budget adjustment will be required and will be included in the third quarter review.

COMMUNITY CONSULTATION Nil 7.1.3 ANNUAL PERFORMANCE REVIEW OF CHIEF EXECUTIVE OFFICER (CEO) MOVED Cr de Vries that Council: (1) Appoints McArthur Management Services to facilitate the 2012/13 performance

review of the Chief Executive Officer to be undertaken in accordance with the Expression of Interest for the Performance Review of the Chief Executive Officer document dated March 2013;

(2) Appoints the following elected members to the Chief Executive Officer

Performance Review Panel: - Mayor Brian Hurn - Cr de Vries - Cr Angas - Cr Sloane - Cr Reichstein (3) Approves a budget adjustment to the 2012/13 budget of $4,000 to support

costs of the performance review process. Seconded Cr Seager CARRIED INTRODUCTION The Local Government Act, along with the Chief Executive Officer’s employment contract, requires that the performance of the Chief Executive Officer be regularly assessed. In accordance with best practice Council has previously employed the services of an independent professional to assist and coordinate this process. The report seeks approval to appoint McArthur Management Services to the independent advisory role and appoint a Performance Review Panel to facilitate the process. COMMENT In past years, Council has adopted best practice by having the CEO annual performance review facilitated by an independent professional, and have used McArthur Management Services in this role. An independent facilitator ensures that the process is fair, transparent and that the results are an accurate reflection of the CEO’s performance. McArthur have proposed the same assessment methodology as prior years, the Salmac Review system, the process is outlined in the submission posted on members portal. Part of that process is that Council nominates a Performance Review Panel, comprised of Elected Members, to coordinate Council’s roles (though all elected members and direct reports will have input). It is recommended that this Panel be comprised of elected members (though this is entirely at the discretion of Council) and that the Mayor is a definite inclusion on the Panel. An estimated timeline of the process has been provided.

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LEGISLATION/POLICY/COUNCIL PLAN CONTEXT COUNCIL STRATEGIC PLAN: Strategic Plan – 4.4 People FINANCIAL AND RISK MANAGEMENT CONSIDERATIONS $4,000

COMMUNITY CONSULTATION Nil 7.1.4 BIENNIAL HOSTING OF ALEXANDRINA COUNCIL MOVED Cr Reichstein that Council appoints Mayor Brian Hurn and Crs Harris and Milne to a working party to organise the 2013 exchange with Alexandrina Council. Seconded Cr Kies CARRIED INTRODUCTION As outlined to Council at the March meeting, 2013 sees The Barossa Council hosting Alexandrina Council in our biennial exchange. The report seeks the assistance of some members to develop the program and organise the exchange. COMMENT The biennial exchange between The Barossa Council and Alexandrina Council will occur in 2013, hosted by The Barossa Council. To support this exchange I ask a small working party to be established to assist in planning the exchange. LEGISLATION/POLICY/COUNCIL PLAN CONTEXT COUNCIL STRATEGIC PLAN: Strategic Plan – 4.1 Responsibility – Governance, Strategy, Legislation and Policy FINANCIAL AND RISK MANAGEMENT CONSIDERATIONS Existing budgets will support the Council exchange activities.

COMMUNITY CONSULTATION Nil

7.2 CHIEF EXECUTIVE OFFICER – DEBATE 7.2.1.1 PUBLIC CONSULTATION POLICY MOVED Cr Milne that pursuant to Section 50 of the Local Government Act 1999 Council adopts the attached draft Public Consultation Policy and its supporting Process, subject to the amendments recommended in the table below. Seconded Cr Kies CARRIED INTRODUCTION On 19 February 2013, Council was presented with a draft Public Consultation Policy and Process for preliminary consideration. It endorsed both documents as presented and authorised them to be placed for public consultation pursuant to Section 50(6) of the Local Government Act 1999 (moved Cr Milne, seconded Cr de Vries). The public consultation consisted of a Public Notice in two local newspapers for a period of just over a month, which period has since expired. Feedback was received from a community member. Council is

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now requested to consider this feedback and Officers’ recommendations with respect to the feedback, and formally adopt a Public Consultation Policy and supporting Process. COMMENT Provided with this report and marked “Attachment A” is correspondence received on 25 March 2013 from Mrs Margaret Lehmann who was the only community member to offer feedback during the advertised public consultation period. Her correspondence has been acknowledged and she was thanked for her input. “Attachment B” consists of the draft Public Consultation Policy and Process documents which were put to the public for feedback. Elected Members will note the highlighted comment in the Process document at clause 4.5 referring to the recommended amendment. Additionally, as per Elected Member request at the 19 February 2013 Council meeting, included in these revised drafts are the definitions of both Public Consultation and Community Engagement which, for consistency, were taken from the South Australian Government’s strategic document for Community Engagement: “Better Together: Principles of Engagement” (http://saplan.org.au/documents/better-together.pdf). A summary of Mrs Lehmann’s specific issues, and Officers’ comments and recommendations regarding her identified issues are listed below.

Issue Identified Officer Recommendation 1. That the public consultations required under the

Development Act be incorporated into the Public Consultation Policy document. This would mean that all requirements to consult with rate payers are consolidated in the one document.

There are significant other pieces of legislation which require consultation with various stakeholders beyond the Development Act – eg the Disability Discrimination Act and the Freedom of Information Act – and which may take precedence over Council’s Policy and Process to the extent of the inconsistency. To make the Public Consultation Policy and Process as streamlined and user-friendly as possible, Officers recommend not including the specifics of consultation under the Development Act, and other Acts, but instead to simply have “regard” to this, and other Acts [see the Policy at 4.1(k)]. No changes to the draft documents are recommended.

2. Council should broaden its use of electronic channels - inform, alert, seek comment and feedback from ratepayers via (eg) Email alerts, Twitter, Facebook

This suggestion has already been addressed in the Process document at clause 4.1. Due to the pace of technological change, Officers are reluctant to prescribe the forms of consultation by electronic means, and therefore limit them, and instead prefer a broader statement that development and innovation in these areas will be ongoing. No changes to the draft documents are recommended.

3. Council should develop a good public campaign to encourage people to sign up electronically and have a spot on its Home Page for people to enrol electronically.

This suggestion has merit and will be included as part of the Council’s website refresh project. The focus of the new website is to make engaging with Council as easy as possible.

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Reasons outlined in #2 above are applicable here and accordingly, no changes to the draft documents are recommended.

4. All Council notices should be placed in both local papers. This is particularly relevant for non-complying (Development) applications which at present only appear in The Herald, the least read of the two papers.

This suggestion would allow increased exposure of the public notice, however, it should be noted that an outcome of a policy to always advertise in both local newspapers will double the cost of public consultation when perhaps the issue for consultation doesn’t necessarily warrant such wide exposure (eg change to a minor road name). Such a policy has immediate budgetary implications with one public notice in one newspaper costing at least $200. Where the issue for consultation is of a community-wide concern, then it is appropriate for the decision maker to use discretion in design of a wider consultation methodology and have both local newspapers run public notices, among other options. Even when the issue is more limited in its effect, the decision maker may undertake at a minimum placing a public notice in just one local newspaper (in accordance with Process clause 4.2).And yet there is still discretion with the words “at a minimum”, to do more than this if deemed appropriate in all the circumstances. Change recommended to the Process document at clause 4.5 to include both local newspapers where issue is deemed to warrant a wider consultation.

5. The recent Tanunda consultation was particularly effective (the Tanunda Urban Design Framework). People who wanted to talk about their visions for Tanunda found it easy to get to the lawn and it also involved passers-by who may not otherwise have taken the time to go to a formal meeting.

This Tanunda consultation was essentially a “public consultation meeting”, already an additional option for Council’s consultation methods in the Process document at clause 4.5 - albeit a more informal outside format was chosen so that people who happened to be in the area could be part of the meeting. Officers do not recommend prescribing the style of meeting in the Process document, but instead leaving discretion to relevant decision makers who would take into consideration the topic and stakeholders to be addressed (as referred to in clause 4.6 of the Process). However, in light of the acknowledged success of this informal style of public consultation meeting, it is certainly an avenue that is open for future use on other issues where appropriate.

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No changes to the draft documents are recommended.

6. Diverse panel gathering from time to time to discuss issues has merit. The operative word is diverse, so that a wide spectrum of views is canvassed. This panel, however, needs to have a degree of insight and disinterested expertise.

Agreed that a diverse spectrum of views and expertise would be beneficial. At this time, however, no panels have been developed. The concept of a “community panel” has been flagged in clause 4.1 of the Process and is part of a general development approach that Council will take over time to improving its consultation methods. No changes to the draft documents are recommended.

LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN LEGISLATION Local Government Act 1999 Section 50 COUNCIL STRATEGIC PLAN 4.1 - Governance and Organisation - Responsibility 4.2 - Governance and Organisation - Service FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS Council is legislatively required to consult with its community prior to amending the Public Consultation Policy under Section 50 (6) of the Local Government Act 1999. COMMUNITY CONSULTATION Completed LATE ITEM 7.2.1.2 FUNDING AGREEMENT – CYCLE HUB PROJECT Refer Page 2013/94 of these Minutes. 7.3.1 CORPORATE AND COMMUNITY SERVICES - DEBATE

7.3.1.1 PROPOSED 2013/14 PRICING STRUCTURE – THE REX B1576

MOVED Cr Angas that Council approves the recommended 2013/14 pricing structure for the Rex Barossa Aquatic Fitness Centre facilities. Seconded Cr Lykke CARRIED INTRODUCTION Belgravia Leisure, Operators of the Barossa Aquatic & Fitness Centre (‘the Rex’), has reviewed the existing pricing structure for fees and charges and now seeks Council approval to implement for the financial year 2013/14. COMMENTS A revised pricing structure for the services available at the Rex for the financial year 2013/14. The Ratepayer Incentive Discount (10% on any once off service, with exception of goods and retail items including food and beverages) will continue during 2013/14. The schedule compares the proposed charges with the current service charges.

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Not all service charges have been increased. The charges for casual pool use (adult, child and family) remain the same as do all personal and group personal training and our Strength for Life (over 50’s) 10 visit passes. The average increase for remaining services is 6.4%, in line with Council’s draft budget operating revenue assumption of 6% highlighted at budget workshops. Full adult membership (ie: unlimited use of health club/pool and fitness classes) is proposed to rise $1 per week, a 6.25% increase annually. The fitness class / aqua class concession rate is higher than the average rise at 14.28%, in real terms an increase of $1.80 from $12.60 to $14.40 per session. Our casual user pricing remains below our main competitors (Starplex, Elizabeth Aquadome). Competitor membership pricing is less easily accessible but anecdotal information is that we remain highly competitive with our membership charges. Concession rates (circa 10% reduction on standard rates) have been applied across services above $10 to promote access to services and Council’s social inclusion agenda. The only exceptions are the swim school programmes which have never attracted a concession rate and which still compare favourably to the cost of sessions at Gawler and Elizabeth and the visit passes that already attract a 10% discount. The $20 administration fee quoted relates to the fee charged to the Operator by the direct debit processing company and is passed on at cost to the member. It does not apply to those paying up front and has not increased from the 2012/13 rate. LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN COUNCIL STRATEGIC PLAN: 1.1 - Health & Family 1.3 - Recreation FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS There are no resource or risk management considerations. COMMUNITY CONSULTATION Not required. 7.3.2 FINANCE – DEBATE 7.3.2.1 MONTHLY FINANCE REPORT (AS AT 31 MARCH 2013) B411 MOVED Cr Milne that the Monthly Finance Report as at 31 March 2013 be received and noted. Seconded Cr Kies CARRIED INTRODUCTION The Monthly Finance Report (as at 31 March 2013). COMMENT The Uniform Presentation of Financials report provides information as to the financial position of Council, including notes on material financial trends and transactions. The report has been prepared comparing actuals to the Original Budget and incorporating adopted Revised Budgets for September and December 2012. LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN Local Government (Financial Management) Regulations 2011 - Reg 9(1)(b) LGA Information paper no. 25 – Monitoring Council Budget Performance

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FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS To enable Council to make effective and strategic financial decisions, a regular up to date high level financial report is provided. COMMUNITY CONSULTATION Nil

LATE ITEM 7.3.3.1 TANUNDA SHOW HALL – STAGE Refer Page 2013/95 of these Minutes. VISITORS TO THE MEETING – 9.30AM On behalf of Local Government Association President, Mayor Kym McHugh, Mayor Hurn presented Certificates to staff with 10 or more years’ service to Local Government. ADJOURNMENT OF COUNCIL MEETING – 9.35AM MOVED Cr Reichstein that the meeting be adjourned for Morning Tea with Certificate recipients. Seconded Cr Milne CARRIED RESUMPTION OF COUNCIL MEETING – 9.55AM The Council meeting resumed at 9.55am Cr de Vries left the meeting at 9.55am and returned before 9.56am. 7.4 WORKS AND ENGINEERING - DEBATE

7.4.1 PROPERTY IDENTIFICATION POLICY (B773) Cr Milne requested clarification of the sentence in the Report under the heading Financial, Resource and Risk Management Considerations. There was consensus agreement that the sentence should read: Council is legislatively required to have a Property Identification Policy and it is anticipated that implementation of this policy will not require any finance or resource changes.

MOVED Cr Lykke that pursuant to Section 219 of the Local Government Act 1999 Council adopts the attached draft Property Identification Policy, subject to the amendments recommended in the table below. Seconded Cr Harris CARRIED

INTRODUCTION On 19 February 2013, Council was presented with a draft Property Identification Policy pursuant to Section 219 of the Local Government Act for preliminary consideration. It then endorsed the document as presented and authorised them to be placed for public consultation. The public consultation consisted of a Public Notice and response closed on 27 March 2013. Feedback was received from a community member. Council is now requested to consider this feedback and

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Officers’ recommendations with respect to the feedback, and formally adopt a Property Identification Policy. COMMENT Provided with this report and marked “Attachment 1” is correspondence received on 27 March 2013 as the only submission received during the advertised public consultation period.

Provided with this report is the draft Public Identification Policy marked “Attachment 2” which also includes the supporting process document.

A summary of the submission, and Officers’ comments and recommendations regarding identified issues are listed below.

Issue Identified Officer Recommendation 1. 4.1.4 Selection of Road names. Comments should be invited

from interested groups or individuals, not just limited to an historical group (which may not be active in that area). Example ; Three Cols Rd, Eden Valley.

The submission seeks to expand the scope of the policy, I see value in inviting a wider range of interested persons and or individuals. Change recommended to the Policy document at clause 4.1.4 to “Council will select names so as to be appropriate to the environmental, physical, historical or cultural character of the area concerned, and where appropriate Council may invited other interested groups or individuals to comment.”

2. 4.1.7 When Council is considering the renaming of an existing road it should encompass a broader consultation process, i.e. by public notice in the local media, preferably including 'The Leader". Consultation should not be limited to those landowners directly abutting the subject road. Regular users of the road and those who rely on directions which include that road may also wish to comment.

The submission seeks to expand the scope of the policy in relation to road naming, I see value in inviting a wider range of interested persons and or individuals. However, in the consultation process Council can weight responses to those directly affected. Change recommended to the Policy document at clause 4.1.7 to “Council when considering the renaming of an existing road shall consult directly affected landowners, being landowners abutting the subject road, by written notice inviting submissions on a proposal to rename a road and may expand consultation to include the wider community as Council deems necessary, providing at least 21 days to respond to such notice.”

3. A comment - It has been drafted that at least 21 days notice be given for a response . Should this period encompass Christmas may I suggest at least 31 days notice is more appropriate given mental & physical absenteeism at this time.

This suggestion has merit and no doubt consulting over busy holiday periods can reduce the effectiveness of the consultation outcomes. However the current clause as worded in 4.1.7 details that consultation shall provide at least 21 days to respond, therefore there is no impediment for Council to expand the period taking into account time of year or other factors that could necessitate a longer response time. No further changes to 4.1.7 are recommended.

4. 4.2.3 As per comments for 4.1.7

The submission seeks to expand the scope of the policy in relation to road numbering. The numbering of a road is highly specific to that road and to expand the consultation on road numbers to those not on the road will add little to the process. No further changes to 4.2.3 are recommended.

LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN LEGISLATION Local Government Act 1999 Section 219 COUNCIL STRATEGIC PLAN 1.4 Safety and Security 2.1 Tourism 3.4 Infrastructure 3.5 Planning and Building

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FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS Council is legislatively required to have a Property Identification Policy and it is not anticipated that implementation of this policy will not require any finance or resource changes. COMMUNITY CONSULTATION Completed 7.4 WORKS AND ENGINEERING - DEBATE 7.4.2 RURAL PROPERTY ADDRESSING – FLAXMANS VALLEY ROAD (B860) Mayor Hurn declared a conflict of interest in this matter as he is a land owner adjacent to the subject road and left the meeting at 10.00am. Cr Milne (Deputy Mayor) assumed the Chair. VISITOR TO THE MEETING – 10.04AM Ms Jen Light had received prior approval to address the meeting regarding this matter. Deputy Mayor Milne thanked Ms Jen Light for her presentation. MOVED Cr Lykke That:

(1) Council adopts the rural property addressing for Flaxmans Valley Road with the numbering commencing from the northern end from Eden Valley Road and extending the new property numbering to the southern properties which is consistent with the rural property addressing process.

(2) Council will assist with compensation to the effected properties due to the

renumbering of the southern properties upon verification of costs.

Seconded Cr Reichstein CARRIED (Unanimously) INTRODUCTION In 2009 during the early stages of the Rural Property Addressing (RPA) project it was decided to clear some confusion that was identified for a section of Flaxmans Valley Road which intersected with Heggies Range Road. It was decided to rename the northern portion of the road, Wilton Road which was adopted by Council on 20 October 2009. COMMENT Shortly after the renaming it was anticipated that the Rural Property Address project would be moving to the next phase including advising ratepayers of their new numbers. Unfortunately at this time the project stalled due to issues with the State Roads which delayed the process for over 18 months. Work on the project recommenced in October 2011 and letters were issued in late January 2012. It was at this point that Council became aware that a number of residents on Wilton Road were not happy with the name change. The residents attended Council in February 2012 and the road name was changed back to Flaxmans Valley Road.

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The residents on the northern portion of the road were advised of Council’s decision and advised that the road would be renumbered to incorporate their properties. At this time nothing was forwarded to the residents on the south portion as it was assumed that their numbers would not change. When an officer from the Department of Planning Transport and Infrastructure (DPTI) reallocated the numbers which was correctly started from the northern entrance of the road meaning all residents on the extended road (including the southern end) required new addresses. The issues 1. The southern residents were not notified when Wilton Road was renamed and have been using

their rural property addresses since June 2012. 2. The northern residents were only advised of their new address on the 14th of December 2012. 3. According to the majority of respondents renaming a section of the road from Heggies Range

Road to Eden Valley Road to Flaxmans Valley Road North is the least popular option from residents living on this section.

4. A number of residents were keen to have Heggies Range Road returned to what they

understand to be its original length to Tanunda Creek Road. 5. Flaxmans Valley Road turns 90 degrees when it reaches Heggies Range Road. 6. Prior to amalgamation there appears to have been two Flaxmans Valley Roads separated by

Heggies Range Road (according to a former Councillor Mr Wes Seeliger). 7. A number of the respondents advised both the District Council of Angaston and District Council

of Mount Pleasant had Flaxmans Valley Road on their records as currently listed. 8. The southern residents are unanimous in identifying the east – west portion of the road as the

original Flaxmans Valley Road. 9. All of the respondents from the northern portion of the road want the Flaxmans Valley name

retained. 10. The northern residents are equally convinced that their portion of the road has always been

Flaxmans Valley Road. Comments from an officer from the Rural Property Addressing Unit - DPTI. “I have read the submissions for Flaxmans Valley Road. There are a couple of points raised by the residents that I think are valid. Ben Zander notes that there are 26 properties on the north south part and only 6 are on the east west part. We would prefer to disrupt fewer residents as possible. The east west part have to change if they don’t want Flaxman Valley. Brian & Virginia Waples point out that the road should be Flaxman Valley Road without the possessive ‘S’. We would like to see the roads separated with different names. If it is to be one road we recommend Flaxman Valleys Road that starts near Angaston and ends at Eden Valley. The address standard specifies that the roads radiate away from town where there are emergency stations. Angaston fits this criteria with the services within the town”. In hindsight it is obvious that things could have been done better in relation to the change of name for the northern portion of the road. The numerous delays could have been avoided if a process which now has been established had been in place to address proactively when issues arose. When it was realised that the residents were not happy with Wilton Road perhaps further research could have been carried out prior to Council reversing the decision to change the name.

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If the entire length of the road remains as Flaxmans Valley Road then signage should be placed at both ends at the intersection with Heggies Range Road. The intersection should have two (2) signs at 90 degrees and include the range of numbers for each section of the road. Matters for consideration:-

• If Council stays with the current property address of Flaxmans Valley Road with the road commencing from Angaston end then only 6 signs will have to be reissued as the southern residents would need new numbers. Southern residents may be within their right to expect some form of compensation for monies spent on their initial addressing – refer section marked green on map.

• Should it be decided the road commences from the southern entrance then 26 new signs (for

the northern residents) would be required – refer marked orange on map.

LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN COUNCIL STRATEGIC PLAN 3.4 Infrastructure FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS Cost would be covered from existing budget allocation. COMMUNITY CONSULTATION Mayor Hurn returned to the meeting at 10.28am and was advised of Council’s decision on the matter. LATE ITEM 7.4.3 FREIGHT RESTRICTIONS – MURRAY STREET – TANUNDA - SIGNAGE PLAN Refer Page 2013/97 of these Minutes. 7.5.1 NATURAL RESOURCES - DEBATE 7.5.1.1 DEPARTMENT OF ENVIRONMENT, WATER AND NATURAL RESOURCES (DEWNR) – SOUTH PARA PARKS MANAGEMENT PLAN PROPOSAL B207 MOVED Cr Harris that Council forward a submission to the Department of Environment, Water and Natural Resources in context with comments raised within this report. Seconded Cr Sloane CARRIED INTRODUCTION DEWNR is seeking community views to help in the development of a management plan for the South Para Parks incorporating the following:-

- Para Wirra Recreation Park - Hale Conservation Park - Warren Conservation Park - Sandy Creek Conservation Park

Submissions have been requested by the 19 April 2013.

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COMMENT Elected Members are referred to the information pamphlets prepared by DEWNR to assist the current community consultation process. DEWNR has confirmed that the abovementioned parks are “reserved” under the National Parks and Wildlife Act 1972. Hale and Warren Conservation Parks are wholly contained within the Council area. The Warren Conservation Park and Parra Wirra Recreation Park have minor portions of the parks located within the area, with the majority area located within the adjoining Adelaide Hills and Playford Councils respectively. All have associations with the South Para River Catchment. As indicated below, Council’s Strategic Plan has a number of associated Key Result Areas linking the importance of the “reserved” conservation and recreation parks located both within and on the boundaries of the Council area including (in addition to those listed above), Kaiserstuhl and Cromer Conservation Parks, the Altona CSR Landcare Reserve and the myriad of other Council/Crown recreation and reserve lands. All have relevance in contributing to the amenity and character of the area by providing valuable open space for the conservation of biodiversity, local recreation and tourism activities. Council’s submission in respect to the South Para Parks Management Plan proposal will assume that DEWNR will consider all relevant strategic documents and legislation that may have influence including, from a local perspective:-

- The 30 Year Plan for Greater Adelaide - RDA Barossa Roadmap - The Barossa Council authorised Development Plan - Character Preservation (Barossa Valley) Act 2012 - Pending completion of the Barossa Region Open Space, Public Realm and Recreation

Strategy (Note – The General Section of The Barossa Council authorised Development Plan contains many Objectives and Principles of Development Control addressing areas of relevance including Community Facilities, Hazards, Heritage Places, Infrastructure, Natural Resources, Open Space and Recreation, Tourism Development and Transportation and Access. The forthcoming Strategic Directions Report will consider the option of creating a specific Zone for Conservation and Recreation Parks which, if supported by Council and the Minister for Planning, will allow specific provision to be incorporated for the development and ongoing protection of these significant open spaces.) Council will also reference the pending Kaurna Peoples Local Government Indigenous Land Use Area Agreement which will be relevant in establishing criteria for the South Para Parks Management Plan. The Director, Development and Environmental Services will be attending a meeting of the South Para Natural Resource Management Committee on the 12 April 2013 to further discussions on biodiversity conservation across all four parks. Jessica Wilson, Policy and Planning Officer, DEWNR will be attending to address the Committee and to hear comment from a range of State agency, council and community representatives appointed to the Committee. It will be important for Council and the Committee to be consistent and supportive with submissions to the South Para Parks Management Plan proposal. Finally, the invitation for submission allows Council the opportunity to pursue its interest in the development of a network of interconnecting recreational trails (walking and riding) throughout the area, together with the proposal for the creation of a passive aquatic recreation area on the Warren Reservoir which, in recent times has been canvassed with various State Government Ministers, and has of late resulted in Council and SA Water entering into a Memorandum of Understanding committing the parties to further investigations. It will be important for Council to continue to liaise with DEWNR Policy and Planning staff during the development of the South Para Parks Management Plan to ensure that the resulting Plan will be mutually complimentary. LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN LEGISLATION:

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Local Government Act Development Act National Parks and Wildlife Act Natural Resources Management Act COUNCIL STRATEGIC PLAN: 1.2 Youth 1.3 Recreation 1.4 Safety and Security 2.1 Tourism 3.1 Character and Heritage 3.2 Environmental Sustainability 3.5 Planning and Building 4.1 Responsibility FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS Whilst it is not envisaged that there will any financial or risk management implications for Council, further consideration will be required following the drafting of the proposed South Para Parks Management Plan. COMMUNITY CONSULTATION Currently being conducted by DEWNR. 7.5.2 ENVIRONMENTAL HEALTH - DEBATE 7.5.2.1 PENDING REGIONAL ARRANGEMENTS FOR THE drumMUSTER PROGRAM B870 MOVED Cr de Vries that Council supports and promotes the introduction of the new drumMUSTER collection service at Nuriootpa Landfill Site, and that a letter of thanks be sent to VIP Packaging Pty Ltd for their support and assistance with the drumMUSTER collection in previous years. Seconded Cr Milne CARRIED INTRODUCTION Councils in the Barossa region have been collecting drums from farmers since 1989 (ten years before drumMUSTER was formed in 1999). For the past thirteen years, Council has held a two day drumMUSTER collection each year to service more than seven hundred and fifty (750) grape growers who supply two hundred (200) wineries. Once collected, the containers are shredded and recycled. Despite the program’s previous successes in our area, it did involve farmers/growers from the Barossa region having to stock pile their drums each year (until August) and then queuing up in line (at the depot) until they could unload their vehicle (as drums have to be inspected individually). It is not uncommon for several hundred drums to be dropped off by a single grower. The largest single delivery (in 2011) was 700 drums and large loads like this could cause significant delays for other users. Council also occasionally received calls from disgruntled farmers/growers if they had to wait several months until the next collection (or had already missed the previous promotion/collection by a few days/weeks). However, thanks to new flexible regional arrangements, growers can now drop off their drums five and a half days a week (instead of two days per year) at the new drumMUSTER site at the Nuriootpa Landfill Site (operated by Transpacific Industries Group Pty Ltd). COMMENT The drumMUSTER program has been operating for approximately thirteen years following an agreement between the LGA and Croplife (however earlier versions of the program were held in the Barossa region prior to Council amalgamations). The purpose of the drumMUSTER program is to

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redirect farm chemical drums away from landfill and into the recycling waste stream. The program is now under Agsafe stewardship. Similar to the SA beverage container legislation, a levy (approx. 4c/Litre) is paid by persons purchasing farm chemicals and this levy contributes to the cost of the drum collection and recycling nationally. Traditionally Council successfully hosted and facilitated a two day drumMUSTER program on an annual basis (i.e. usually in August and accommodated at a section of the Tanunda Depot). Expenses such as postage and advertising were reimbursed to Council, however the program required considerable staff time (i.e. hidden costs) in regard to the administrative requirements, distribution of promotional material, depot setup (e.g. traffic management), local road signage and generally overseeing the program. In previous years, Council’s Environmental Health Officers also handled and inspected the drums before they could be crushed by the contractor. However since 2010, the arrangement has been for the agreed contractor (Mr. Ian Doolan of VIP Packaging, Howlong, NSW) to inspect (in addition to crushing and baling the drums etc.) this also streamlined the invoicing process. The August 2012 collection in the Barossa was particularly successful, with over a hundred vehicles dropping off 10,423 drums. However, in terms of access and availability, the program has been limited in this region. Discussions between Council and the drumMUSTER co-ordinator have been ongoing (sporadically) since 2011 in regard to program improvement. Drivers for change and improvement include;

• more volume required Nationally (by Agsafe) to offset the drumMUSTER operational costs (i.e. the 4cents/container levy has to cover all costs of program)

• availability of more cost effective contractual arrangements (i.e. program handled by existing local waste facilities – rather than specialist interstate companies)

• cost reduction through streamlining the process (i.e. local markets for recycled product) • rationalising collection points (i.e. a regional approach across council boundaries with 40km

between sites optimal) • increasing the availability of the service to farmers/land owners (i.e. once/year service in

Barossa whereas in other council areas/regions it operates at waste depots/transfer stations throughout the year).

• gradual introduction of National Product Stewardship legislation. • pressure from farm chemical retailers for better collection services. • reducing Council’s hidden costs, plus OH&S and land contamination liability (whilst maintaining

a role in community promotion). Whilst it is recognised and reiterated (by drumMUSTER) that this Council is unique and exceptional in the operation of its successful annual program (i.e. collection volumes increasing, contrary to national trends), it is now timely and advantageous to change the way that this service has been provided to our community. Ongoing, regional collections are the new successful trend for drumMUSTER, this method is saving dollars and increasing drum collection (and recycling). It also takes pressure off the drum inspectors (because the incoming flow is steadier). Consequently (with Council’s endorsement) Agsafe is keen to now operate drumMUSTER with Transpacific Industries Group Pty Ltd (TPI) and has entered into a contractual arrangement in this regard using the Nuriootpa Landfill Site (off Belvedere Road, just north of the Sturt Highway) as the collection point. TPI has already integrated drumMUSTER into the three sites they operate on Yorke Peninsula and are about to move to ongoing collections at sites in Millicent & Penola on behalf of Wattle Range Council. TPI has appropriately trained staff (i.e. WHS & drum inspection) and two staff will be on site during operating hours. A drum compound has been recently installed (paid for by drumMUSTER) at the Belvedere Road site. The site is open 5 1/2 days per week between 8am – 3.00pm Monday to Friday and 8am to 11.30am on Saturdays. The site can also receive other (non-levied) containers for recycling.

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Council will continue to be informed of collection rates. Publicity (for the new arrangement) is the next step and a press release has been developed. Also, drumMUSTER will be developing posters for points of sale. Council can continue to assist with its community promotion role (via newsletter, website, customer contact etc.).

Farmers/landowners in the Council area will now benefit from a more accessible drumMUSTER collection system. From a regional perspective, those farmers/landowners in the Southern parts of our Council district may choose to use the Nuriootpa Landfill Site or alternatively use one of several sites in the Mid Murray Council area (e.g. Mannum, Swan Reach, Cadell & Cambrai).

Ultimately this arrangement is a “win win” for all involved in that it will greatly improve community access to the service, streamline the process and reduce costs for Agsafe/drumMUSTER, increase business for a local facility (that employs locally) and reduce council costs and potential liabilities (whilst retaining a role in community promotion and awareness). LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN COUNCIL STRATEGIC PLAN: 3.2 Environmental Sustainability 3.3 Waste FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS Nil 7.5.3 BUILDING - DEBATE 7.5.3.1 APPOINTMENT OF BUILDING FIRE SAFETY COMMITTEE B66 MOVED Cr Sloane that:

(1) Council appoint the following persons to The Barossa Council Building Fire Safety Committee pursuant to Section 71(19)(a) of the Development Act, 1993:

• Mr Jonathon Pearce (Fire Safety Officer), as the South Australian Metropolitan Fire Service representative.

• Mr Julian Aggiss (Fire Safety Officer) as the South Australian Country Fire Service representative.

• Mr Peter Harmer, Council’s Contract Building Surveyor. • Mr Claus Williger, Building Surveyor, The Barossa Council.

(2) Council appoint the following persons as Deputy Members of The Barossa Building Fire Safety Committee pursuant to Section 71(19)(d) of the Development Act ,1993:

• Mr Gary Redding (Fire Safety Officer), as the South Australian Metropolitan Fire Service alternative representative.

• Mr Colin Paton as the first proxy for the South Australian Country Fire Service alternative representative.

• Ms Sonia Post as the second proxy for the South Australian Country Fire Service alternative representative.

• Mr Peter Morgan (Manager - Building and Health Services) as the first proxy for Council.

• Ms Kirsty Du Mont (Building Surveyor Technician) as the second proxy for Council.

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(3) The appointments operate from the 16th April 2013 through to 15th April 2016.

Seconded Cr Seager CARRIED INTRODUCTION To appoint a replacement member to The Barossa Council’s Building Fire Safety Committee under the Development Act, 1993.

COMMENT Division 6 of the Development Act 1993 charges Council as the Appropriate Authority for its area with the responsibility to investigate whether commercial building owners are maintaining the proper level of building fire safety for the protection of all occupants of that building.

Section 71(19), of that Act sets out the personnel of that Appropriate Authority and determines that the term of office be for a period not exceeding 3 years.

The Appropriate Authority for this area is The Barossa Council Building Fire Safety Committee (hereafter referred to as the “committee”).

The term of the current committee was due to conclude on 15th February, 2013. However Council has been notified of immediate membership changes from both of the fire authorities. The South Australian Metropolitan Fire Service (SAMFS) have advised that due to staffing changes within their Community Safety Department, it is necessary to change their representative on the committee.

SAMFS nominees for the ensuing triennium on The Barossa Council Building Fire Safety Committee are:-

• Mr Jonathon Pearce (replacing Mr Alan Collins) who holds the position of Fire Safety Officer, • Mr Gary Redding who also holds the position of Fire Safety Officer, is continuing as their alternate.

Both officers are suitably experienced in dealing with fire safety issues in existing buildings.

The South Australian Country Fire Service (CFS) delegates for the Barossa Building Fire Safety Committee remain unchanged, namely:-

• Mr Julian Aggiss, Fire Safety Officer,

• Mr Colin Paton (as 1st Proxy), and

• Ms Sonia Post (as 2nd Proxy).

Council has previously appointed its contract Building Surveyor (Mr. P. Harmer), its Building Surveyor (Mr C. Williger) and two other appropriately qualified Building Officers (as proxy) to the Committee and these appointments remain unchanged.

LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN LEGISLATION Section 71 of the Development Act, 1993

COUNCIL STRATEGIC PLAN 1.4 Safety & Security 3.5 Planning & Building FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS The Building Fire Safety Committee operates within budget constraints. 7.5.4 GENERAL INSPECTOR - DEBATE 7.5.4.1 NOMINATIONS SOUGHT FOR THE DOG AND CAT MANAGEMENT BOARD B7

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MOVED Cr de Vries that Council receives this report, notes its contents and does not provide a nomination on this occasion. Seconded Cr Milne CARRIED

INTRODUCTION The Minister for Sustainability, Environment and Conservation, Hon Ian Hunter MLC, has written to the LGA requesting Local Government nominations for one member position on the Dog and Cat Management Board for a term not exceeding 3 years, commencing in July 2013. Nominations must be forwarded to the LGA by 3 May 2013. COMMENT Members are referred to LGA Circular 11.7 dated 14 March 2013, providing details of the role of the Dog and Cat Management Board, and seeking one member position on the Dog and Cat Management Board; http://www.lga.sa.gov.au/site/page.cfm?u=191&print=1&C=28266 LGA nominations on outside bodies will, unless determined otherwise by the LGA State or Senior Executive Committee, be currently serving Council Members or Council Staff. Nominations addressing the Selection Criteria Dog and Cat Management Board must be forwarded by Council using the application form by 3 May 2013. The LGA State Executive will consider nominations received at its meeting on Thursday 16 May 2013. LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN LEGISLATION: Dog and Cat Management Act COUNCIL STRATEGIC PLAN: 1.4 - Safety and Security

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS Nil COMMUNITY CONSULTATION Not required. 7.5.5 DEVELOPMENT POLICY - DEBATE 7.5.5.1 RESCINDING OF LAND MANAGEMENT AGREEMENT – 38 SEIBOTHS ROAD, FLAXMAN VALLEY B68 MOVED Cr Lykke that Council agrees to rescind the Land Management Agreement noted on Certificate of Title Volume 5331 Folio 714 (38 Seiboths Road, Flaxman Valley) subject to the owner being responsible for all associated legal costs and fees. Seconded Cr Seager CARRIED INTRODUCTION

This report relates to the rescinding of a Land Management Agreement (LMA). COMMENT In 1989 Section 536 in the Hundred of Moorooroo comprised approx. 33 ha and contained two dwellings. In February 1989 the former District Council of Mount Pleasant was approached by the then owner about creating a separate allotment of approx. 0.4 ha for one of the two dwellings.

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At the time the Council responded that while the proposal would be contrary to the provisions of the Mount Pleasant Supplementary Development Plan in that allotments “should have a minimum area of 30 ha”, it believed some merit could be found due to the presence of a second dwelling. A development application was subsequently lodged to create a small allotment of 2724 m2 containing one of the dwellings (Lot 101) with the balance lot of 32.74 ha (Lot 100) containing the other dwelling and primary production land. Development approval was granted on 14 February 1990 subject to the following condition:

“1. That an encumbrance or similar be placed on the Certificate of Title, the result of which will disallow any adjustment to boundary realignments in the future.”

A Land Management Agreement (LMA) was subsequently entered into on 9 May 1990 under the Planning Act 1982 containing the following ‘encumbrance’:

“6. The term and conditions relating to the development, the subject of this agreement, of the said land are as follows:

6.1 No application for planning authorisation shall be made in respect of the further

division of the said land. 6.2 The said land shall not be divided to create any additional allotment or

allotments.” Following finalisation of the division Lot 101 was sold. Lot 100 is now owned by Mr Merv Steinert who also owns Section 544 to the south of Lot 100 which contains his residence and other farm buildings (44 Maders Road, approx. 33.05 ha). Mr Steinert now wishes to undertake a boundary realignment to create a separate allotment of 6940 m2 for the dwelling on Lot 101 and to amalgamate the balance with Section 544 to form an allotment of approx. 64.2 ha. This would enable sale of the dwelling whilst retaining the primary production land in one larger allotment. Although the boundary realignment proposal does not result in any additional allotment, any development application would be contrary to clause 6.1 of the LMA in that it seeks to further divide Lot 100. The LMA requires rescinding or alteration to enable a development application to be lodged; however it is considered timely to review the need for the LMA given existing development policies affecting the land. At the time the LMA was introduced development policies were rudimentary and it is presumed an LMA restriction was considered necessary to reduce the potential to create additional lots and subsequent increased development opportunities. Current policies in the Development Plan and provisions in the new Character Preservation (Barossa Valley) Act 2012 achieve this desire. In this regard, the creation of an additional allotment is currently non-complying in the Primary Production Zone and under the new Act a development application must be refused if it creates an additional allotment to be used for residential development. In fact the proposal itself would be non-complying under the Development Plan as it results in an increase in the number of allotments less than 32 ha. Accordingly it is recommended that the LMA be revoked to enable a development application to be lodged and for a proposal to be considered on its merits against the provisions of the Development Plan. LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN LEGISLATION Development Act 1993 Character Preservation (Barossa Valley) Act 2012 STRATEGIC PLAN 3.5 Planning & Building FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS It is recommended that the owner be responsible for all associated legal costs and fees. COMMUNITY CONSULTATION There is no requirement to undertake community consultation on this matter.

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7.5.5.2 CHARACTER PRESERVATION – CHARACTER VALUES POLICY STATEMENTS B1864 MOVED Cr Milne (1) That the draft ‘Character Values’ policy statements and draft map be endorsed

by Council.

(2) That the Senior Manager, Planning Services and Principal Planner be authorised to make any amendments as may be required to the map and the character values policies and to continue to progress this matter as required.

Seconded Cr de Vries CARRIED

INTRODUCTION

This report presents draft ‘Character Values’ policies for the Barossa Valley protection district for endorsement. COMMENT At its meeting on 19 March 2013 the Strategic Planning and Development Policy Committee endorsed draft ‘Character Values’ statements, noting that draft policy statements suitable for inclusion in the Planning Strategy would be prepared in collaboration with the other Barossa Valley District councils and the Department of Planning, Transport and Infrastructure. Draft policy statements and a map representing five key areas within the district have been prepared and are contained in Attachment 1. The areas shown broadly align with landscape units identified in the Barossa and Light Region Landscape Assessment Study undertaken by Dr Andrew Lothian Scenic Solutions in 2005 on behalf of Planning SA as part of a regional collaboration with the Light Regional Council and The Barossa Council. It is considered the draft statement and map are representative of the community’s views expressed through previous consultation and are presented for endorsement. The Department of Planning, Transport and Infrastructure will now finalise the material for insertion into the planning strategy via formal alterations and associated future community engagement. Departmental representatives have given an undertaking to circulate finalised drafts to each affected council and in this regard it is recommended that Council authorise the Senior Manager, Planning Services and Principal Planner to make any amendments as may be required to the map and the character values policies and to continue to progress this matter as required, provided the integrity of Council’s community position is maintained and any significant variance be reported back to Council as necessary. LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN LEGISLATION Character Preservation (Barossa Valley) Act 2012 Character Preservation (McLaren Vale) Act 2012 Development Act 1993 STRATEGIC PLAN 1.5 Culture 2.1 Tourism 2.2 Business & Industry 3.1 Character & Heritage 3.5 Planning & Building

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FINANCIAL AND RISK MANAGEMENT CONSIDERATIONS While the character statements project is complete, ongoing engagement of consultants will be required to now assist Council staff with its strategic directions report and development policy review work which will complement the Character Preservation Act requirements. This is provided for within the current budget. COMMUNITY CONSULTATION Further community input will be formally invited when the State Government releases its proposed alterations to the State Planning Strategy. This is anticipated to be in late April or early May 2013. 8. CONFIDENTIAL AGENDA Nil 9. REPRESENTATIVES ON COUNCIL COMMITTEES – REPORTS Nil

10. OTHER BUSINESS LATE ITEM 7.2.1.2 FUNDING AGREEMENT – CYCLE HUB PROJECT

MOVED Cr Sloane that the Late Item 7.2.1.2, Funding Agreement – Cycle Hub Project, be accepted for consideration . Seconded Cr Lykke CARRIED 7.2.1.2 FUNDING AGREEMENT – CYCLE HUB PROJECT B359 MOVED Cr de Vries that Council agree to provide matching funds of $230,000 for the development of The Barossa Council Cycle Hub and endorse the Director Corporate and Community Services to enter into the Funding Agreement. Seconded Cr Sloane CARRIED INTRODUCTION Council has been successful in receiving a Tourism Industry Regional Fund grant for the development of a Cycle Hub in Tanunda adjacent to the Visitor Information Centre. The grant for $230,000 will require matching funds by Council to facilitate the development of the Hub. A funding agreement has now been received; however, due to timeframes, a late report is required as response must be made prior to Council’s May 2013 meeting. COMMENT The draft Funding Agreement was distributed for members’ information. The Cycle Hub project forms part of the broader cycle strategy of Council and is contained in the draft Tanunda Urban Design framework document. Funding for this project will not be required until the 2013/14 financial year and will be staged over two financial years. Actual funding will be set aside in the 2013/14 draft budget and at this time, is anticipated to come from capital savings within the vehicles budget and thus should not require any additional funding allocations.

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The timeframes to enter into the Funding Agreement necessitate this late report, as the Commonwealth require execution of the Agreement prior to the May 2013 meeting of Council. LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN Strategic Plan 1.3 – Community and Cultural Wellbeing – Recreation – Walking and cycling facilities 2.1 – Economic Wellbeing – Tourism FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS $230,000 matching funds to be allocated to the project over two financial years. Cross organisational project team established to manage design, tendering, risk and other implementation requirements. COMMUNITY CONSULTATION Has been undertaken through development of the Tanunda Urban Design Framework. Further consultation will be undertaken with the CWA, the current leaseholders of the CWA building. LATE ITEM

MOVED Cr Reichstein that the Late Item 7.3.3.1, Tanunda Show Hall – Stage, be accepted for consideration. Seconded Cr de Vries CARRIED 7.3.3.1 TANUNDA SHOW HALL – STAGE B851 MOVED Cr Lykke that Council endorse: 1. Officers to engage an architect to design a new staging solution. 2. The immediate demolition of the existing stage and incorporation of associated costs as a fourth quarter budget adjustment. 3. Implementation of an interim staging solution to a maximum of $3,500 for MelodieNacht on 24 May 2013 and incorporation of associated costs as a fourth quarter budget adjustment. 4. Officers to bring a future report to Council on or before the 18 June 2013 detailing the proposal for and costs of the long term replacement solution for the stage. Seconded Cr Harris CARRIED INTRODUCTION The Tanunda Show Hall is located within the Tanunda Recreation Park precinct. The Show Hall has a rich history incorporating the hosting of community events such as the Tanunda Show and MelodieNacht. A series of scheduled internal building inspections recommended that a structural engineer be engaged to assess the Show Hall stage for compliance with Australian Standard and suitability for purpose.

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COMMENT The Structural Engineers report concluded that the stage has:

• Under specified load structure resulting in sagging floor structures • Flooring laid parallel to joists, rather than perpendicular • Uneven floor resulting in trip hazards • Under sized bearers and posts • Negligible capacity to resist lateral (horizontal) loads • Inadequate handrails

The Report (posted on Elected Members’ portal) strongly recommends that the entire stage be placed out of use immediately. Officers have already taken steps to isolate the stage and have notified the Chairs of the Show Committee and Tanunda Recreation Park Section 41 Committee. Council understands the importance of the Tanunda Show Hall to the local community. The venue is one of Council’s most utilised assets for major community events and regularly accommodates audiences of between 1000 and 2000 people. The MelodieNacht (24 and 25 May 2013) and Marananga Night of Music are two events that are scheduled in the next few months. It is imperative that the Risk Management issues identified are minimised in order to ensure community safety in the building. Whilst further investigation and consultation is needed, given the extent of the work required, it is proposed to take the following immediate action:

• Demolish the existing stage and advise Council of the required fourth quarter budget adjustment for the associated works;

• Make interim arrangements to enable continuity of the forthcoming MelodieNacht by hiring a temporary stage (hire, delivery and assembly);

• Engage an architect to complete the necessary design and engineering documentation for selective tender of a replacement stage compliant with current standards; and

• Report back to Council with the costs of replacing the stage and seeking a budget adjustment in Council’s capital works expenditure.

The Tanunda Recreation Park Section 41 Committee will continue to be consulted on implementation of the recommendation. LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN Legislation: Local Government Act 1999 Work Health and Safety Act 2012 (SA) Australian Standard AS/NZS 1170.1:2002 Council Strategic Plan: 1.4 Safety & Security - We are committed to ensuring the safety and security of our community 1.5 Culture – We are committed to the protection and promotion of local heritage, and the fostering and promotion of art and culture in our region FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS The potential risk to community safety if the stage continues to be used in its current form, is assessed by Officers as unacceptable. Unbudgeted cost of demolition of the current stage; temporary hire of a replacement stage; design and documentation of architectural and engineering plans for compliant staging solution and subsequent build process. COMMUNITY CONSULTATION Tanunda Recreation Park Section 41 Committee

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The Barossa Council Minutes of Council Meeting held on Tuesday 16 April 2013

LATE ITEM

MOVED Cr Lykke that the Late Item 7.4.3, Freight Restrictions – Murray Street Tanunda – Signage Plan, be accepted for consideration . Seconded Cr Milne CARR IED 7.4.3 FREIGHT RESTRICTIONS – MURRAY STREET – TANUNDA - SIGNAGE PLAN (B759) MOVED Cr de Vries that Council endorses the required signage plan to implement the through freight traffic restrictions in Murray Street, Tanunda, subject to final endorsement by Department of Planning Transport and Infrastructure. Seconded Cr Lykke CARRIED INTRODUCTION The Department of Planning Transport and Infrastructure (DPTI) has provided Council with a signage plan restricting freight vehicles travelling through the main street of Tanunda. COMMENT A previous report was presented to Council on 15 March 2011 requesting DPTI to formally proceed with the restrictions of freight vehicles through Murray Street – Nuriootpa and Murray Street – Tanunda. DPTI has stated that the Department has contributed towards the planning/design costs and Council is required to pay for the installation of the signs and undertake any community/stakeholder consultation. Council has decided to implement this wider strategy of restricting through freight vehicles for the major townships of Angaston, Nuriootpa and Tanunda. The Angaston restriction was implemented 2010 Unfortunately the wider roll out has taken longer than first anticipated. Council through the main street committees, the freight industry and local press has been diligently promoting the freight restriction strategy for a considerable time. It would appear that further consultation is not warranted. Similar signage will be required for the implementation of the freight restrictions in the main street of Nuriootpa shortly, which will complete the major town freight restrictions. A copy of the signage plan has been provided for Members’ information. LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN COUNCIL STRATEGIC PLAN 3.4 Infrastructure FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS Following receipt of the signage plan, a quotation for the purchase of the required signs has been obtained, which is in the order of $7,000 -$10,000. These costs can be funded from the existing operating signage budget. COMMUNITY CONSULTATION CR MILNE – LEAVE OF ABSENCE Cr Milne requested Leave of Absence for the period 26 May 2013 to 10 June 2013 as he is travelling overseas.

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The Barossa Council Minutes of Council Meeting held on Tuesday 16 April 2013

MOVED Cr Kies that Cr Milne be granted Leave of Absence for the period 26 May 2013 to 10 June 2013. Seconded Cr de Vries CARRIED 11. NEXT MEETING Ordinary Council meeting on 21 May 2013 at 9.00am. 12. CLOSURE OF MEETING Mayor Hurn declared the meeting closed at 10.54am.

Confirmed at Council Meeting 21 May 2013

Date:......................................... Mayor:......................................