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2017/379 The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017 MINUTES OF THE MEETING OF THE BAROSSA COUNCIL held on Tuesday 15 August 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, Christopher Harms, Dave de Vries, Michael (Bim) Lange, Leonie Boothby, Margaret Harris, Michael Seager, Richard Miller and Tony Hurn 1.3 LEAVE OF ABSENCE Nil 1.4 APOLOGIES Nil 1.5 MINUTES OF PREVIOUS COUNCIL MEETINGS MOVED Cr Grossman that the Minutes of the Council meeting held on Tuesday 18 July 2017 at 9.00am, as circulated, be confirmed as a true and correct record of the proceedings of that meeting. Seconded Cr Harris CARRIED 2014-18/1138 MOVED Cr de Vries that the Minutes of the Confidential Council meeting held on Tuesday 18 July 2017 at 10.19am, as circulated, be confirmed as a true and correct record of the proceedings of that meeting. Seconded Cr Harms CARRIED 2014-18/1139 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 report on Mayor Sloane’s activities from 11 July 2017 to 8 August 2017 was included with the agenda for this meeting.

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2017/379

The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017

MINUTES OF THE MEETING OF THE BAROSSA COUNCIL

held on Tuesday 15 August 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,

Christopher Harms, Dave de Vries, Michael (Bim) Lange, Leonie Boothby, Margaret Harris,

Michael Seager, Richard Miller and Tony Hurn

1.3 LEAVE OF ABSENCE

Nil

1.4 APOLOGIES

Nil

1.5 MINUTES OF PREVIOUS COUNCIL MEETINGS

MOVED Cr Grossman that the Minutes of the Council meeting held on Tuesday 18 July

2017 at 9.00am, as circulated, be confirmed as a true and correct record of the

proceedings of that meeting.

Seconded Cr Harris CARRIED 2014-18/1138

MOVED Cr de Vries that the Minutes of the Confidential Council meeting held on Tuesday

18 July 2017 at 10.19am, as circulated, be confirmed as a true and correct record of the

proceedings of that meeting.

Seconded Cr Harms CARRIED 2014-18/1139

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 report on Mayor Sloane’s activities from 11 July 2017 to 8 August 2017 was included

with the agenda for this meeting.

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The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017

MOVED Cr de Vries that the Mayor’s report be received.

Seconded Cr Milne CARRIED 2014-18/1140

3. COUNCILLOR REPORTS

Cr Milne advised that he would forward details of presentations from the Australian Local

Government Association National General Assembly to members.

MOVED Cr de Vries that Cr Milne’s report be received.

Seconded Cr Miller CARRIED 2014-18/1141 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 Hurn that the information items contained in the Consensus Agenda be

received and that any recommendations contained therein be adopted.

Seconded Cr Seager CARRIED 2014-18/1142

5.1 DEBATE OF ITEMS EXCLUDED FROM THE CONSENSUS AGENDA

6. VISITORS TO THE MEETING/ADJOURNMENT OF MEETING

6.1 VISITORS TO THE MEETING

9.51am - Mason and Oscar Graetz – Presentation of Youth Grant Certificates by Mayor

Sloane – Refer Minute page 2017/402

6.2 ADJOURNMENT OF COUNCIL MEETING

9.38am – Refer Minute page 2017/402

7. DEBATE AGENDA

7.1. MAYOR DEBATE

7.1.1

CORRESPONDENCE FROM WATTLE RANGE COUNCIL – GOVERNMENT FEES AND CHARGES

AND RATE CAPPING

Pursuant to S75 of the Local Government Act 1999 Cr Grossman disclosed a perceived

conflict of interest in the matter 7.1.1 – Correspondence from Wattle Range Council –

Government Fees and Charges due to his position as Vice President of the Schubert State

Electoral Committee and as a state Liberal Council member. Cr Grossman advised

Council of the perceived conflict of interest and left the meeting at 9.10am.

MOVED Cr de Vries that Council support the position of Wattle Range Council and seek

from the leaders of the Opposition, Mr Steven Marshall MP and local Member for

Schubert, Mr Stephan Knoll MP a commitment that should the Liberal Party form

Government in 2018 it:

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The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017

(1) Will implement legislative change or policy to cap State Government (including all

entities) fees, levies, charges and taxes in line with those that apply to Local

Government as determined by the same (or similar) mechanism as that is proposed

to apply to Local Government.

(2) Will not implement policies, legislation or other actions that transfer responsibility of

services, introduce new services or impact negatively upon Local Government

without adequate and mutually agreed funding, from State Government, to Local

Government.

Seconded Cr Angas CARRIED 2014-18/1143

PURPOSE

To seek Council’s consideration of correspondence from Wattle Range Council seeking policy

direction from the Liberal Opposition as to application of rate capping to State Government fees

and charges.

REPORT

The correspondence from Wattle Range Council is attached and is self-explanatory. Wattle

Range Council is seeking to understand from the current Liberal Opposition that should they

introduce a restrictive revenue policy (rate capping) on Local Government, which is their stated

policy position, they will apply that same principle to State Government fees and charges which

effect the cost of our service delivery but also costs to community directly.

Further the correspondence outlines examples of continued cost shifting such as solid waste levy

increases and policy positions that transfer housing stock to community providers which enjoy a

mandatory rate rebate.

The Barossa Council suffers from similar pressures and costs arising from State Government

legislation and policy positions.

ATTACHMENTS OR OTHER SUPPORTING REFERENCES

Correspondence from Wattle Range Council

COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS

Community Plan

Natural Environment and Built Heritage

Community and Culture

Health and Wellbeing

Business and Employment

How We Work – Good Governance

All strategies are supported from revenue from rates and service.

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

No considerations.

Infrastructure

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The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017

COMMUNITY CONSULTATION

There is no requirement for public consultation.

Cr Grossman returned to the meeting at 9.14am

7.2.1 CHIEF EXECUTIVE OFFICER - DEBATE

7.2.1.1

UPDATE OF DELEGATIONS REGISTER

B5819

MOVED Cr de Vries

(1) That Council amends its delegation to the Chief Executive Officer regarding the

power to seize and detain cats, contained at Delegation 14.1 of the Instrument of

Delegation under the Dog and Cat Management Act 1995, which was made on

20th June 2017, to instead read:

“The power pursuant to Section 64(2)(c) of the Act to nominate a facility at which

cats may be detained.”

(2) That in exercise of the power contained in Section 44 of the Local Government

Act 1999, Council delegates this 15th August 2017 to the person occupying the

office of the Chief Executive Officer, the power as specified above and as set out

in the proposed Instrument of Delegation attached to this report.

(3) That under Section 44 of the Local Government Act, Council’s Delegations

Register be updated in accordance with this resolution.

Seconded Cr Angas CARRIED 2014-18/1144

PURPOSE

By way of urgent update outside of the annual and quarterly review cycle, the Council is being

asked to revoke and re-issue an amended delegated power under the Dog and Cat

Management Act 1995 (“the Act”).

REPORT

Background

At its meeting on 20th June 2017, Council delegated to the Chief Executive Officer new powers

under the Dog and Cat Management Act via an Instrument of Delegation, which was prepared

by Norman Waterhouse lawyers.

Since that time, a mistake has been found in the wording of Delegation 14.1 which pertains to the

seizure and detaining of cats and which requires immediate rectification.

Discussion

The approved provision at Delegation14.1 currently gives the Chief Executive Officer “the power

pursuant to Section 64(2)(c) of the Act to nominate a facility at which cats may be destroyed.”

However Section 64(2)(c) of the Act actually states that “a person may seize and detain an

unidentified cat for the purpose of delivering it within 12 hours to…. a facility nominated by a

council and approved by the Board at which cats may be detained”, however nothing in this

sub-section authorises the person to destroy the cat.

Clearly, the word “destroyed” in the approved provision should read “detained” so as to be

consistent with Section 64(2)(c). The correct version is provided as an attachment to this report.

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The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017

Council’s General Inspectors, who were sub-delegated this power on 1 July 2017, were

immediately advised of the administrative error and now it is just a matter of amending the

overarching Instrument of Delegation and re-delegating them the correct power.

Summary and Conclusion

Council is requested to approve the amended wording of Delegation 14.1 to delegate to the

Chief Executive Officer, in terms of the attached extract. Officers will then reflect that amendment

in the Delegations Register and facilitate amended sub-delegations to the relevant officers.

ATTACHMENTS OR OTHER SUPPORTING REFERENCES

Attachment 1:

Extract from the Instrument of Delegation under the Dog and Cat Management Act 1995

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

Dog and Cat Management Act 1995

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 addressed by

amending the administrative mistake and re-issuing delegations to the CEO and sub-delegations

to relevant officers.

COMMUNITY CONSULTATION

There is no legislative requirement to consult the community in this situation, nor do the

circumstances require it as the delegations are based on LGA templates where there is no option

for amendment through community feedback. For transparency, the community can access the

Delegations Register on Council’s website.

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The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017

7.2.1.2

APPLICATION FOR A PERIOD OF ANNUAL LEAVE FOR CHIEF EXECUTIVE OFFICER

E1200 17/55441

Pursuant to S120(1) of the Local Government Act 1999 Mr Martin McCarthy, Chief

Executive Officer, disclosed a conflict of interest in the matter 7.2.1.2 – Application for a

Period of Annual Leave for Chief Executive Officer as the matter relates to his request for

annual leave. Mr McCarthy advised Council of his conflict of interest and left the

meeting at 9.15am.

MOVED Cr Milne that Council approve the application of the Chief Executive Officer for

annual leave commencing on Tuesday, 3 October 2017 and concluding on Monday, 9

October 2017, noting his first day back at work shall be Tuesday, 10 October 2017, and

that for the period of leave appoints Mrs Joanne Thomas to act in the position of Chief

Executive Officer and that all powers, delegations and duties of the Chief Executive

Officer shall be extended to Mrs Joanne Thomas whilst she is Acting Chief Executive

Officer.

Seconded Cr Seager CARRIED 2014-18/1145

PURPOSE

To seek authorisation for annual leave and appointment of an acting Chief Executive Officer.

REPORT

Introduction

Leave applications for the Chief Executive Officer (CEO) that are more than 5 days are currently

required to be submitted to Council for approval. With the leave extending from the Labour Day

public holiday the CEO’s absence will extend over 6 days.

Discussion

I hereby request annual leave of 5 days commencing on Tuesday, 3 October 2017 and

concluding on Monday, 9 October 2017. Estimated leave accruals at the commencement of

leave is 49.54 days and therefore more than sufficient leave is available.

Whilst the Chief Executive Officer is on leave an officer must be authorised to act in the position.

It is recommended that for this short period Mrs Joanne Thomas, Community Projects Director be

appointed, her appointment is not expected to have a significant impact on the activities of The

Big Project.

Summary and Conclusion

Sufficient leave and entitlements have accrued and a period of leave has been sought by the

Chief Executive Officer in accordance with Council policy and industrial arrangements.

ATTACHMENTS OR OTHER SUPPORTING REFERENCES

Nil

COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS

Community Plan

How We Work – Good Governance

Corporate Plan

6.16 Provide contemporary internal administrative and business support services in accordance with

mandated legislative standards and good practice principles.

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The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

Budgets are set taking into account leave requirements for employees.

COMMUNITY CONSULTATION

Community consultation is not required.

Mr Martin McCarthy returned to the meeting at 9.17am.

7.2.1.3

THE BIG PROJECT (GENERATIONAL COMMUNITY INFRASTRUCTURE PROJECT) – QUARTERLY

UPDATE REPORT – QUARTER 3 – MAY TO JULY 2017

B5601

Author: Director, Community Projects

MOVED Cr Milne that Council:

(1) Receives and notes the Quarter 3 Report: May to July 2017 inclusive in respect of

progress on “The Big Project” – Generational Community Infrastructure Project (the

Project).

(2) Receives and notes the updated Project Risk Assessment Review.

(3) Receives and notes the updated Project Schedule.

Seconded Cr Hurn CARRIED 2014-18/1146

PURPOSE

To provide a progress update report to Council following completion of quarter 3 (May to July

2017) of the implementation of “The Big Project” – Generational Community Infrastructure

Project.

REPORT

Background

At its Meeting on the 16 May 2017, Council resolved that:

MOVED Cr Lange That Council:

(1) Receives and notes the Quarter 2 Report February 2017 to April 2017 inclusive in

respect of progress on “The Big Project” – Generational Community

Infrastructure Project.

(2) Requires the Director, Community Projects to present an updated Project Risk

Assessment review as part of the 3rd Quarter report to the August Council

Meeting.

(3) Requires the Director, Community Projects to present an updated Project

Schedule review as part of the 3rd Quarter report to the August Council

Meeting.

(4) Notes that updated The Big Project budget information has been provided for

future Council consideration as part of the 3rd Quarter 2016/17 Budget Review

process and draft 2017/18 Budget and Business Plan development. Seconded Cr Milne CARRIED 2014-18/1035

Introduction

As part of the governance arrangements for The Big Project (as referenced in item 2.4 of the

February 2017 Council resolution), a quarterly update to report on progress to Council is required.

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The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017

Discussion

A report on the progress items actioned during the quarter 3 report period is provided as

Attachment 1.

As required by item 2 of the May 2017 Council resolution, the Project Risk Assessment has been

reviewed and is provided as Attachment 2.

As required by item 3 of the May 2017 Council resolution, the Project Schedule has been reviewed

and is provided as Attachment 3. Further detail and discussion regarding the Schedule will be

included in the August Workshop Agenda and if necessary, the subject of future reports to

Council.

Summary and Conclusion

Work has commenced across all components of The Big Project scope.

There is significant interest and community buy in to the objectives of The Big Project.

Managing community expectations as to how quickly the planning work can be delivered

and in turn, when prioritised actions can be funded and implemented, is one of the biggest

project challenges and risks identified.

The Project Schedule shows that progress is falling behind in some areas of sub project

master planning. The reason for this is primarily the time taken to fully engage and consult

with the community and key stakeholders interested in each of the project areas within

the resource available. It is considered a key deliverable of the project that this

consultation process is rigorous and comprehensive as the proposed investment horizon

will set the program of delivery for the next 10 years and provide facilities that will need to

serve the community for the next generation. However, this needs to be balanced with

the necessity to keep work moving and achieve milestones.

Significantly, discussions have commenced around preparation for funding applications

and a briefing to Elected Members will be provided during the 4th quarter report period.

ATTACHMENTS OR OTHER SUPPORTING REFERENCES

Attachment 1 The Big Project – Quarterly Update Report – Q3 (May to July 2017) 17/54341

Attachment 2 Updated The Big Project Risk Assessment 17/54593

Attachment 3 Updated The Big Project Schedule 17/54650

COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS

Community Plan

Community and Culture

Infrastructure

Health and Wellbeing

Business and Employment

How We Work – Good Governance

Corporate Plan

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

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The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017

to an agreed level of service.

Legislative Requirements

Local Government Act 1999

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

Financial

With reference to timeline pressures flagged in Attachment 1 and conclusion section above,

expenditure was short of original 2016/17 budget projections. This has mainly been in the areas of

technical and external project management consultancy budget lines as some projects are not

sufficiently advanced to trigger detailed cost analysis modelling at this stage.

The majority of carry forwards were approved by Council as part of the 3rd quarter budget review

process. A residual carry forward amount of $34,670 have been projected in the end of year

review process that will be considered by Council at the end of the first quarter 2017/18.

Resource

The Project has dedicated resource with input from other officers as required.

Risk Management

Refer to the updated Project Risk Assessment provided as Attachment 2. New or escalated risks

are highlighted in yellow on the updated assessment for ease of reference.

COMMUNITY CONSULTATION

A Communication plan and Community Consultation plan for the Project have been

documented and are reviewed 4 weekly with Communication and Marketing Officers; 6 weekly

with the Chief Executive Officer and periodically with The Big Project Working Party.

A consultation plan for each individual component project is also developed and reviewed for

approval as part of the Agenda reporting process to Council.

Regular updates are provided to the community via press releases, d’Vine adverts and

newsletters, radio interviews, website and social media content.

7.2.1.4

THE BAROSSA COUNCIL QUARTER 4 – 2016/17 PERFORMANCE & ACTIVITY REPORT

17/53162

Author: Manager Strategic Projects

MOVED Cr de Vries that Council receives and notes The Barossa Council Quarter 4 –

2016/17 Performance & Activity Report.

Seconded Cr Milne CARRIED 2014-18/1147

PURPOSE

To provide Council’s Quarter 4 – 2016/17 Performance & Activity Report on measures adopted

within the Barossa Council Corporate Plan 2016/17 to 2019/20.

REPORT

Background

During 2016/17 Council was presented with Quarterly Performance Reports on measures adopted

within the Corporate Plan. These reports were the first outputs of the Holistic Reporting Framework,

with work continuing on the ongoing development of both performance and activity based

reporting.

Introduction

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The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017

The Barossa Council Quarter 4 – 2016/17 Performance & Activity Report provides performance

results against Corporate Plan measures as at June 2016. The report also includes a suite of activity

measures, providing a snapshot of activity undertaken over the quarter or year to date in the

delivery of key internal and external Council services under each Community Plan Theme.

Discussion

As per the previous quarterly reports, data has been sourced for the Quarter 4 report from

Council’s corporate applications wherever possible, however it should be noted that there is still

some reliance on manual collection of data. In addition, given that we are still developing our

understanding of the extensive data set available and the implications of various ways of

extracting this data, the results reported may be subject to change as they are further validated

and refined. This was seen in the second quarter report, where some measures have had the

intervals between data points amended from quarterly to annual, or the data has been refined

as a result of subsequent decision making or data cleansing.

The reporting presented is an ongoing work in progress and will be updated and changed as

newer and improved collection and analysis develops. Additionally as the reporting system grows,

comparison data will become more representative of trends and therefore underpinning of

strategic policy decision making of Council and the executive team.

Over the fourth Quarter a holistic enterprise level strategic planning and reporting software

solution has been implemented to improve access to Council’s vast swathes of data, to allow

greater insight into trends and impacts on resourcing and performance, to improve evidenced

based decision making and to improve the efficiency and effectiveness of data analysis and

reporting across the organisation. It is anticipated that operational use of the software will

commence in 2017/18.

Summary and Conclusion

The Barossa Council Quarter 4 – 2016/17 Performance & Activity Report is presented for Council

consideration.

ATTACHMENTS OR OTHER SUPPORTING REFERENCES

The Barossa Council Quarter 3 – 2016/17 Performance & Activity Report.

COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS

Community Plan

How We Work – Good Governance

Corporate Plan

A6.3 Align operational strategy to strategic objectives and measure organisational

performance to demonstrate progress towards achieving our goals.

Legislative Requirements

Nil

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

Current resources are sufficient to provide reporting, budget was set aside for automation and

collection as part of the 2016/17 budget.

COMMUNITY CONSULTATION

Community consultation is not required under the Act or Council’s Public Consultation Policy.

7.3 CORPORATE AND COMMUNITY SERVICES – DEBATE

7.3.1 GROUP MANAGER CORPORATE SERVICES

Nil

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7.3.2 GROUP MANAGER COMMUNITY SERVICES - DEBATE

7.3.2.1

LOCAL GOVERNMENT ELECTRICITY TENDER FOR 2018

B779

MOVED Cr Lange that the Group Manager Community Services or any person acting in

that capacity, be Council’s delegated authority to:

(1) Accept a tender from and enter into a contract with, the successful tenderer

recommended by Local Government Association Procurement for the supply of --

Below 160mWh Black and Green energy;

- Above 160mWh Black and Green energy; and

- 12 & 24 Hour (Street & Traffic Lights) Black and Green energy;

(2) Advise Local Government Association Procurement of that acceptance within the

specified time;

(3) Make, vary and/or discharge the contract; and

(4) Sign all relevant documentation in this matter.

Seconded Cr Boothby CARRIED 2014-18/1148

PURPOSE

To delegate responsibility for acceptance of the Local Government Electricity Tender to an

Authorised Officer.

REPORT

Background

In March 2010, a decision was taken for Local Government Association Procurement (LGAP),

working with representatives from Councils and an industry expert consultant, to approach the

market independently of the State Government for the supply of various electricity services. Since

then, Council has participated in various electricity contracts negotiated by LGAP and the

outcome has resulted in negotiated savings for Council.

Introduction

Council is part of an “Across Government” contract for the supply of electricity and/or Green

Power Product (GPP) including:

Below 160mWh Black and Green energy;

Above 160mWh Black and Green energy; and

12 & 24 Hour (Street & Traffic Lights) Black and Green energy.

The current contract expires on 31 December 2017 and LGAP will be tendering for a new electricity

contract.

Discussion

The current Procurement Process delegates approval for purchases above $500,001 to Council.

However, as tenders close on Tuesday, 22 August 2017, and taking into consideration that there is

only a 24-48 hour window for Councils to review the LGA Procurement Recommendation Report

and advise LGA Procurement whether they wish to participate in the Contract, it is recommended

that Council delegate the responsibility for acceptance of the Local Government Electricity

Tender to an Authorised Officer to ensure the tender recommendation can be promptly actioned.

The evaluation process will be the same as LGAP has used in the past. Following tender receipt,

a recommendation will be provided to participating councils. Council’s “Authorised Officer”

2017/390

The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017

must have the delegation necessary to approve the LGAP recommendation for a timely response

on Council’s behalf.

Summary and Conclusion

Officers recommend delegation of responsibility for acceptance of a tender for the above

electricity supply, to the Group Manager Community Services, due to the expected very short

time frame for tender and contract responses.

ATTACHMENTS OR OTHER SUPPORTING REFERENCES

Nil

COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS

Community Plan

Infrastructure

How We Work – Good Governance

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.

6.4 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.

Legislative Requirements

Local Government Act 1999

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

Financial

The 2017-18 Budget provides for a 5% increase in electricity costs.

Resource

No resource considerations evident.

Risk Management

If Officers are not able to comply with the tender response deadlines, the opportunity to be

included in the contracts will be at risk. This could result in increased costs and Council having to

undertake negotiations with suppliers in isolation in a very complex service area.

COMMUNITY CONSULTATION

Not required under Council’s Procurement Policy or Public Consultation Policy.

7.3.3 FINANCE - DEBATE

7.3.3.1

MONTHLY FINANCE REPORT (AS AT 31 JULY 2017)

B411

Author: Senior Accountant

MOVED Cr Milne that the Monthly Finance Report as at 31 July 2017 be received and

noted.

Seconded Cr Seager CARRIED 2014-18/1149

PURPOSE

The Uniform Presentation of Finances report provides information as to the financial position of

Council, including notes on material financial trends and transactions.

2017/391

The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017

REPORT

Discussion

The Monthly Finance Report (as at 31 July 2017) is attached. The report has been prepared

comparing actuals to the Original adopted 2017/18 Budget.

ATTACHMENTS OR OTHER SUPPORTING REFERENCES

Attachment 1: Monthly Finance Report 31 July 2017

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 2017, as per

legislation. This report is advising Council of the monthly finance position compared to that

budget.

7.3.4 MANAGER COMMUNITY AND CULTURE - DEBATE

7.3.4.1

LEISURE OPTIONS TRANSITION PROJECT PROGRESS REPORT

B4733

Author: Collaborative Project Officer

MOVED Cr Milne that Council receives and approves the fifth and final quarterly update

report on the progress of the Leisure Options Transition Project.

Seconded Cr Miller CARRIED 2014-18/1150

PURPOSE

To update Council on the progress of the Barossa Leisure Options Transition Project.

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REPORT

Background

This is the fifth and final quarterly update report to Council regarding the progress of the Leisure

Options Transition Project as per the resolution from the Council meeting held 17 May 2016:

“MOVED Cr Lange that Council:

(1) Adopts Option 2 to transition out of disability direct service delivery during 2016/17, and

immediately commences implementation of the Leisure Options Transition Project (as per Project

Scope Attachment 3).

(2) Approves resource project costs of $85,500 gross; $58,250 net of internal secondment salary

transfer for the 2016/17 financial year for the purpose of implementing the Barossa Leisure

Options Transition Project, and for the mitigation of identified risks during the transition phase. This

is in addition to current budgeted funding of $125,000 for 2016/17.

(3) Forms a Project Reference Group to oversee the progress of the Leisure Options Transition

Project with the following membership: Cr Harris as representative with Cr Milne as proxy, 3 x

Council staff (Director Corporate and Community Services, Manager Community and Culture,

Collaborative Project Officer), 1 x funding partner representative, 2 x representatives from

disability service providers in the region, 2 x consumers / advocates.

(4) Requires Officers to provide a quarterly update report to Council on the progress of the

transition process.

Seconded Cr Angas CARRIED 2014-18/6”

Introduction

On 17 May 2016, Council decided it would not become a National Disability Insurance Scheme

(NDIS) Approved Provider when the NDIS roll out commenced in the region for adults on 1 July

2017. It would instead transition out of direct disability service delivery through implementation of

the ‘Barossa Leisure Options Transition Project’ during 2016/17. Four quarterly reports were

approved by Council during this period and this is the fifth and final report that provides a brief

summary of the activities that have occurred in the last quarter.

Discussion

As discussed in the last report, the majority of BLO’s clients have transitioned to two other service

providers, namely Barossa Enterprises and Focus Day Options. To facilitate service delivery,

Council is sub-letting ‘The Lodge’ and hiring the BLO bus to these service providers until 30 June

2018.

Negotiations were underway with other service providers regarding the transition of one remaining

group – ‘Brainwaves’ – a social outing group for people with acquired brain injury and mental

health conditions. It was Disability SA’s responsibility to find another service provider but they were

unable to; therefore Council staff approached two service providers who expressed interest.

Unfortunately the funding available for this group was inadequate and therefore not a viable

business option for these service providers, and Disability SA would not increase the level of

funding. Therefore the six participants are now without this service. Hopefully, once they have their

NDIS plans and funding in place they will be able to resume receiving a similar service.

Interim Program

The last report also referred to a number of BLO participants who were unfunded, that is, were not

receiving any funding from the State Government either through Day Options or individualised

Group Brokerage. There were also some who were funded for some activities but were attending

additional BLO activities for which they received no funding. Although not guaranteed, it is likely

that many of these participants will be eligible for services under the NDIS; therefore Council has

put in place an interim “Under 65 Social Support Program” utilising block funding from the State

Government Department of Communities and Social Home and Community Care Inclusion Home

and Community Care (DCSI HACC) program which was recently rolled over until 30 June 2018.

Tutti Arts has been contracted to deliver the “Under 65 Social Support Program” which comprises

a Visual Arts course on Wednesdays during School terms until June 2018, and a Film and New

Media course every alternative Friday evening until November this year. This has provided non-

funded participants with an interim activity and a number have taken up the opportunity. Some

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participants have declined, choosing instead to wait for their NDIS plan, and accepting that they

will receive a lower level of service until then. As Tutti Arts is a NDIS Approved Provider, participants

will be able to continue with the program if they choose, after they have transitioned to the NDIS.

Project Governance

As reported in the first update, a Project Reference Group (PRG)was established with

representation by Council elected members and staff, the State Government funding body,

and 2 carers of Leisure Options clients. The final PRG meeting was held on 30 June.

The final internal Working Group comprised of relevant Council staff met on 11 May.

Service Provider Engagement

Carers and Disability Link organised a Disability Expo which was held at the Rex on Sunday 4

June, 11:00 am - 3:00 pm. This provided service providers an opportunity to showcase their

services, and BLO clients and other people with disability to learn about the supports and

services available in the region. The Collaborative Project Officer was a member of the

organising committee, and Council contributed $550 (inc GST) towards the cost of running the

event. The event was considered a great success with 47 stall holders and over 300 consumers

attending on the day.

Future Role for Council - Social Inclusion Scoping Study

During the BLO Transition Project, it became apparent from stakeholders that there was

community expectation that Council, having exited from direct disability service provision, would

continue to have some role in the disability arena. There were also a range of other issues and

opportunities that needed to be considered:

The need for broad community and stakeholder engagement in identifying a future role

for Council.

Implementation of the Regional Public Health Plan

Implementation of the Regional Disability, Access and Inclusion Plan.

The role and impact of the NDIS Local Area Coordinator (LAC) which is yet to be

established in the region.

The role and impact of the emerging NDIS Information Linkages and Communication (ILC)

Framework.

Uncertainty regarding the length of time it will take to transition all people with disability in

the region onto the Scheme.

Ongoing reforms to the Aged Care sector which will impact on Council’s Home Assist and

Community Transport Program.

Council’s Service Review

Therefore, the Social Inclusion Scoping Study will involve a 12 month project of fully scoping all of

the above and presenting Council with a proposed role that complements and adds value to

other Council functions and activities and provides a ‘whole of Council’ and ‘whole of

Community’ response to issues of access and equity, social inclusion and cultural diversity.

Local Area Coordinator (LAC)

The NDIS is now available for adults aged 18 to 64 years in the Barossa, Light, Lower North and

some areas of the Northern Adelaide regions of South Australia. People currently receiving

supports through South Australian Government specialist disability services will be moving onto the

NDIS first.

The Barossa, Light and Lower North region covers the local government areas of:

The Barossa Council

Town of Gawler

Light Regional Council

Adelaide Plains Council

The Northern Adelaide region covers the local government areas of:

City of Playford

City of Salisbury

City of Port Adelaide Enfield (East)

City of Tea Tree Gully (commences NDIS rollout from 1 October 2017)

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In Barossa, Light, Lower North and Northern Adelaide, Feros Care will work with the NDIS as the

Local Area Coordination Partner (LAC) to deliver the Scheme and to assist people to connect

with services and prepare for the NDIS.

Feros Care held a ‘Meet and Greet’ in Nuriootpa on 14 July at which a number of service providers

were present. They have temporary accommodation in Nuriootpa and will soon be opening their

regional office in Gawler. We are aware of a number of BLO participants who have had their

initial planning meeting, and some have had their NDIS plans approved.

As part of the Social Inclusion Scoping Study, Council will be seeking to engage with Feros Care

to identify opportunities for collaboration between disability, health and mainstream service

providers to improve accessibility for people with disability, in particular those that are deemed

ineligible for NDIS support.

Other Activities

Council staff recently met with the Hon Kelly Vincent, MLC for the purpose of providing feedback

about the NDIS roll out in the region to date. Also present were Regional Development Australia

(RDA) Barossa and Barossa Enterprises. The feedback will inform the review of the State’s NDIS Bi-

Lateral Agreement.

Council staff met with staff of Yorke Peninsula Council regarding the BLO Transition Project. Many

years ago, Yorke Peninsula Council established their own Leisure Options program based on the

BLO model, and with the NDIS due to roll out in their region in 2018, are facing the same decision

regarding whether to continue with direct service delivery or not. Staff were keen to learn from

the BLO Transition Project experience. Summary and Conclusion

The Barossa Leisure Options Transition Project concluded on 30 June 2017. All but one group of 6

participants transitioned to other service providers. An interim program provided by Tutti Arts

funded by DSCI HACC is available for people with disability aged under 65 and is available for

unfunded clients.

The Local Area Coordinator, Feros Care, is now established in the region and will work with the

NDIS to deliver the Scheme and to assist people to connect with services and prepare for the

NDIS. Council staff will be seeking to engage with Feros Care as part of the Social Inclusion Scoping

Study, which in addition to disability Inclusion and Access, will also explore issues and opportunities

across the realms of Public Health, Mental Health, Homelessness and other areas.

ATTACHMENTS OR OTHER SUPPORTING REFERENCES

Nil

COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS

Community Plan

Community and Culture

Contribute to creating strong and sustainable community networks

Provide opportunities for the community to participate in local

decision making.

Health and Wellbeing

Advocate for and encourage services and resources that ensure equity

and support for disadvantaged, disabled and at risk members of the

community.

Create opportunities for people of all ages and abilities to participate in the

community.

Business and Employment

Work closely with State Government, Federal Government and stakeholders

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to support economic growth and development

How We Work – Good Governance

Ensure that the community has access to information regarding the discussions

held and decisions made by Elected Members.

Implement compliant and contemporary risk management initiatives.

Implement strategies for the community to be actively engaged in Council

decision making through sound information and communication.

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

Financial and Resources

As per the report to the 16 May 2017 Council Meeting, funding of $8,488 has been sourced from

the BLO Reserve Fund and a further $20,591 has been carried over from 2016/17 from savings

accrued from the BLO Coordinators for administration of the interim “Under 65 Social Support

Program”. Funding was also approved for the Social Inclusion Scoping Study.

Risk Management

The Under 65 Social Support Program is considered to be a low risk venture for Council as reported

in the 16 May 2017 update report.

COMMUNITY CONSULTATION

Extensive engagement has been undertaken with a range of stakeholders throughout the BLO

Transition Project and will continue as needed to ensure effective delivery of the Under 65 Social

Support Program. Further engagement will take place with a range of stakeholders over the

coming year as part of the Social Inclusion Scoping Study.

7.4.1 DIRECTOR WORKS AND ENGINEERING SERVICES - DEBATE

7.4.1.1

2017 RUNAWAY BAROSSA MARATHON – ROAD CLOSURE REQUEST

B5700 15/46925

MOVED Cr de Vries that the Commissioner of Police be advised that The Barossa

Council endorses the closure of:-

Para Road, Tanunda between Murray Street and Langmeil Road, and

Langmeil Road, Tanunda between Para Road and Bridge Street, and

Stelzer Road, Tanunda between Council boundary and Langmeil Road, and

Bridge Street, Tanunda between Langmeil Road and Murray Street, and

Elizabeth Street, Tanunda between Murray Street and Ellen Place, and

Ellen Place, Tanunda between Elizabeth Street and Jane Place, and

Jane Place, Tanunda between Ellen Place and Council boundary

From 5.00am to 9.30am, and

Golflinks Road, Rowland Flat between Council boundary and Barossa Valley Way

From 6.30am to 10.00am, and

Hermann Thumm Drive, Lyndoch between Barossa Valley Way and Council boundary

From 7.30am to 1.15pm, and

on Saturday 21 October 2017 for the purpose of the 2017 Ironman Oceania - Runaway

Barossa Marathon.

Seconded Cr Hurn CARRIED 2014-18/1151

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PURPOSE

A request has been received from the organisers of the 2017 Runaway Barossa Marathon for the

closure of a number of roads in Tanunda for the staging of the Marathon, Half Marathon, 10km

Run and Kids Race which are to be held on Saturday 21 October 2017.

REPORT

Discussion

At the 21 February 2017 meeting Council provided in principle support for the Ironman Oceania –

Runaway Barossa marathon event on 21 October 2017.

The event courses are undulating and scenic. They each offer a various mix of running terrain, with

a combination of running on-road, bike trails and through vineyards. The courses take in the

highlights of the entire Barossa Valley region and take athletes on a journey through some of the

most picturesque locations in the Barossa Region. The finish line for all events is set in Peter

Lehmann Wines and the Children’s Event will be conducted entirely on the grounds of Peter

Lehmann Wines. It is anticipated that the Marathon event will attract 4000 participants across all

categories.

Disruption to traffic flows and access and egress across the western side of Tanunda is to be

expected throughout the day whilst the event proceeds.

A section of Murray Street, Tanunda between Bridge Street and Elizabeth Street will operate one

way under stop and go restrictions between 5.00am and 9.30am.

Quarry Road, Altona and sections of the Jack Bobridge Track will also form a part of the course

both operating with signage indicating runners are present.

ALTUS has been engaged by organisers to prepare the event Traffic Management Plan and to

also implement and monitor the road closures on race day.

Summary and Conclusion

The proposed road closures are pursuant to Section 33 of the Road Traffic Act 1961.

Council officers deem the closures necessary as a risk mitigation strategy to maintain the safety of

participants and the general public.

ATTACHMENTS OR OTHER SUPPORTING REFERENCES

2017 Runaway Barossa Marathon Course Map Summary

COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS

Community Plan

Community and Culture

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

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Legislative Requirements

Local Government Act 1999

Road Traffic Act 1961

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

Financial and Resources -

The cost and implementation of the road closure is to be met by organisers.

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.

7.4.1.2

REQUEST FOR ROAD CLOSURE – KARINA KROEHN – OFF SEELANDERS ROAD – PENRICE -

B5754 17/50158

MOVED Cr Angas that:

(1) Pursuant to the Roads (Opening and Closing) Act 1991 the section of unmade

road reserve marked A and B on Preliminary Plan adjacent to 72 Seelanders Road,

Penrice, comprising Certificate of Title 5382/428 and 5382/429 in the Hundred of

Moorooroo be closed.

(2) The section of unmade road reserve be excluded from Community Land

Classification.

(3) The Mayor and Chief Executive officer be authorised to sign and seal all

associated documents in accordance with the Roads (Opening and Closing) Act

1991.

Seconded Cr Harms CARRIED 2014-18/1152

PURPOSE

At the 20 September 2016 meeting of Council an application was made by Ms Karina Kroehn for

the purchase of an unmade public road within 72 Seelanders Road, Penrice – see attached

report.

REPORT

Background

Council at its meeting on 20 September 2016 resolved the following:-

“MOVED Cr Lange that:

(1) Council agrees in principle to the sale of the section of unmade road reserve

adjacent to 72 Seelanders Road, Penrice, comprising Certificates of Title 5382/428

and 5382/429 in the Hundred of Moorooroo.

(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.

(4) The applicant pay all associated fees and costs relating to the Road (Opening

and Closing) Act 1991.

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(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 Miller CARRIED”

Discussion

In accordance with the Road (Opening and Closing) Act 1991 the proposal was advertised in the

local papers and Government Gazette with one submission being received from SA Water – with

no objection to the proposal.

Arrangements were made for a valuation to be prepared for the portion of unmade road reserve

and an amount of $5,838.00 (including GST) has been paid by the applicant – this portion of land

will be merged with the adjoining property.

Summary and Conclusion

An Agreement for Transfer and Order to Close Road under the Roads (Opening and Closing) Act

1991 documentation has now been submitted for signing and sealing by Council.

ATTACHMENTS OR OTHER SUPPORTING REFERENCES

Attachment 1 – Agenda Report – 7.4.1.3 – 20 September 2016.

COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS

Community Plan

Identify Theme/s (utilising the icons)

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

Roads (Opening and Closing) Act 1991

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

All costs associated with the transfer are to be met by the developer. This sale has not been

included in the budget income for 2017/2018 financial year.

COMMUNITY CONSULTATION

Public notification of the proposal was undertaken on behalf of the applicant by Civil Surveys and

Designs Pty Ltd.

7.4.1.3

2017 ANGASTON CHRISTMAS PARADE

B5766

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MOVED Cr Grossman that the Commissioner of Police be advised that The Barossa

Council endorses the closure of:-

Murray Street, Angaston between Sturt Street and 87 Murray Street, Angaston – a

distance of approximately 300 metres, and

Sturt Street, Angaston between Murray Street and Washington Street, and

South Terrace, Angaston between Murray Street and Kent Street, and

Kent Street, Angaston between West Terrace and Sturt Street

Between 5.00pm and 9.00pm on Friday 24 November 2017 for the purpose of the 2017

Angaston Christmas Parade.

Seconded Cr Miller CARRIED 2014-18/1153

PURPOSE

A request has been received from Caroline Langford on behalf of the organisers of the 2017

Angaston Christmas Parade to assist with the traffic management arrangements associated with

staging the 2017 Angaston Christmas Parade on Friday 24 November 2017.

REPORT

Discussion

Application has been received from Caroline Langford on behalf of the organisers of the 2017

Angaston Christmas Celebration by way of a proposal – see attached to enhance the annual

community event and build on the Angaston 175 year celebrations.

Organisers wish to host a free celebration of fun and family between 5.00pm and 9.00pm at the

new location of Memorial Park. They envisage decorating the park to provide a little bit of

European Christmas market feel with carol singing and hope that family entertainment, food and

small businesses offering their handmade wares for sale will bring the park alive for the community.

A Giving Tree will be part of the night in support of Cross Roads Community Centre.

The parade component of the event will require parade participants to assemble in the car park

at the corner of Kent Street and Sturt Street and travel along Sturt Street then west along Murray

Street to South Terrace and return to the Kent Street car park for dispersal.

The proposal also requests parking restrictions be placed along the Parade route between 4.30pm

and 9.00pm.

Council staff and SAPOL have met to review the request within the proposal and recommend the

installation and monitoring of a road closure similar to that requested and approved for the

Angaston Bridge 150 Year celebration held in 2015.

Summary and Conclusion

The proposed road closure is pursuant to Section 33 of the Road Traffic Act 1961.

Council officers deem the closure necessary as a risk mitigation strategy to maintain the safety of

participants and the general public.

ATTACHMENTS OR OTHER SUPPORTING REFERENCES

Angaston Christmas Parade 2017 proposal

COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS

Community Plan

Community and Culture

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The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017

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.

Council staff will closely monitor the road closure and reopen the road/s as soon as practical after

the conclusion of the event.

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

WARREN ROAD TREATMENTS – WARREN RESERVOIR PROJECT

B5196 17/56347

MOVED Cr Lange that Council:

(1) Write to the Minister for Transport and Infrastructure agreeing to enter into a cost

share arrangement with the Department of Planning Transport and Infrastructure

contributing up to $100,000 of the estimated $300,000 construction costs on a one

third cost basis.

(2) Approves a 2017/2018 budget adjust transferring $100,000 from the sheeted road

programme contingency funds (601261-860-969) to the Warren project (543-654).

Seconded Cr de Vries CARRIED 2014-18/1154

PURPOSE

To provide an update from Council’s correspondence and subsequent representation to the

Minister for Transport and Infrastructure Office and seek additional project funding to finalise the

construction of intersection turn treatments for the Warren Reservoir Project.

REPORT

Background

At its meeting on the 16 May 2017, Council resolved that:

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“MOVED Cr Miller that Council request a delegation to meet with the Minister for Transport and

Infrastructure – Hon Stephen Mullighan MP, requesting the Department of Planning Transport and

Infrastructure to fund the construction of the required BAL/BAR treatments, Warren Road,

Williamstown should these traffic treatments be warranted Seconded Cr Lange CARRIED 2017-18/1044”

Introduction

Mayor Bob Sloane, Cr Michael Lange and Matt Elding, Director – Works and Engineering Services,

met with the Minister’s office Chief of Staff – Mr John Bistrovic, his advisor Mr Vince Puopolo and

the Department of Planning Transport and Infrastructure (DPTI) - Chief Operating Officer Mr Paul

Gelston on the 9 August 2017 to discuss funding for the construction of the required turn

treatments, Warren Road, Williamstown.

Discussion

Following completion of detailed designs, DPTI’s field services estimated construction costs for the

Basic Left and Basic Right turn treatments at location 1 and 3 to be approximately $300,000.

During discussions it was agreed that DPTI would be willing to construct the turn treatments and

provide funding of $200,000 if Council enter into a cost share agreement with DPTI and agree to

fund the remaining $100,000.

Council contribution should be limited to an upper amount of $100,000 based on a one third cost

basis of the estimated $300,000 construction costs, novating risk of cost overruns

These turn treatments are necessary to meet DPTI’s requirements. Access to the reservoir cannot

be opened up until these treatments are completed - DPTI are not willing to relax this requirement.

DPTI also confirmed that the requested speed reduction from 100km/hr to 80km/hr has been

approved and will be implemented soon.

Summary and Conclusion

Considering options for additional external grant funding have been exhausted together with

DPTI’s unwillingness to relax the warrant for these treatments, the best option available is to enter

into a cost share arrangement with DPTI.

ATTACHMENTS OR OTHER SUPPORTING REFERENCES

Nil.

COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS

Community Plan

Identify Theme/s (utilising the icons)

Community and Culture

Infrastructure

Health and Wellbeing

2.1 Initiate and support activities which encourage participation and pride in the Barossa

Council area.

3.1 Develop and implement sound asset management which delivers sustainable services.

3.2 Collaborate with private and public utilities providers to ensure infrastructure is adequate

to support the community both now and into the future.

3.8 Support opportunities to increase community transport and access to services and

facilities.

4.2 Create opportunities for people of all ages and abilities to participate in the community.

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Legislative Requirements

Australian Road Rules

Highways Act 1926

Austroads Guide to Design

Australian Standard

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

The additional expenditure will need to be funded via a $100,000 Budget Transfer from the

approved 2017/2018 sheeted road programme contingency funds.

COMMUNITY CONSULTATION

Nil

ADJOURNMENT OF COUNCIL MEETING – 9.38AM

MOVED Cr Grossman that the Council meeting adjourn for a short break at 9.38am.

Seconded Cr Milne CARRIED 2014-18/1155

RESUMPTION OF COUNCIL MEETING – 9.50AM

The Council meeting resumed at 9.50am.

VISITORS TO THE MEETING – 9.51AM

Mayor Sloane presented Youth Grant Certificates to Mason and Oscar Graetz who

represented South Australia Country Basketball at the 2017 Australian Country Junior

Basketball Cup in Albury-Wodonga in January 2017. Mason and Oscar each received

a Youth Grant of $200.

8. CONFIDENTIAL AGENDA -9.52AM

8.1 WORKS AND ENGINEERNG SERVICES – CONFIDENTIAL

8.1.1

TENDER – PARA WIRRA ROAD – WILLIAMSTOWN – SEALED ROAD CONSTRUCTION WORKS –

TENDER NO T022-2017 – NON COMPLETION

B5939 17/54295

The matter of the agenda item being information relating to actual litigation, or litigation

that the council or council committee believes on reasonable grounds will take place,

involving the council or an employee of the council pursuant to Section 90(3)(i) of the

Local Government Act 1999 (“the Act”) being information that must be considered in

confidence in order to ensure that possible future litigation which may take place is not

compromised.

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 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 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 are that:-

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The disclosure could compromise possible future litigation and negotiations that

may take place between Council and the Contractor

On balance, the above reasons which support the need for confidentiality pursuant to

Section 90(2) of the Act outweigh the factors in favour of the public interest of open

decision making.

MOVED Cr de Vries 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

Chief Executive Officer, Director Community Projects, Director Development and

Environmental Services, Director Works and Engineering Services, Group Manager

Corporate Services and Group Manager Community Services and the Minute

Secretary, in order to consider in confidence a report relating to Section 90(3)(i) of

the Local Government Act 1999 information relating to actual litigation, or

litigation that the council or council committee believes on reasonable grounds

will take place, involving the council or an employee of the council; 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 as the disclosure could

compromise possible future litigation and negotiations that may take place

between Council and the Contractor.

Seconded Cr Hurn CARRIED 2014-18/1156

RESUMPTION OF OPEN COUNCIL MEETING – 10.30AM

The open meeting of Council resumed at 10.30am.

In the matter: 8.1.1 – Tender – Para Wirra Road – Williamstown – Sealed Road Construction

Works – Tender No T022-2017 – Non Completion:

MOVED Cr de Vries that Council:

(1) Accepts Option 1 of the Contractor’s Remediation Action Plan and extends the

defects liability period for the remedial work whilst also continuing to monitor

remaining defects during the existing defects liability period, including the base

course roughness issue and other defects which may arise.

(2) Having considered this matter in confidence under Section 90(2) of the Local

Government Act (the Act) pursuant to Section 90(3)(i) of the Act being

information relating to actual litigation, or litigation that the council or council

committee believes on reasonable grounds will take place, involving the Council

or an employee of the Council and, makes an order pursuant to Section 91(7) of

the Local Government Act 1999, that the report, attachments and associated

documents other than the minutes in relation to Confidential Item 8.1.1 of the

Council Meeting held 15 August 2017 and titled Tender – Para Wirra Road –

Williamstown – Sealed Road Construction Works – Tender No T022-2017 – Non

Completion be kept confidential and not available for public inspection and

that the Chief Executive Officer be delegated the power to review and revoke

this order.

Seconded Cr Milne CARRIED CO2014/18-63

9. REPRESENTATIVES ON COUNCIL COMMITTEES - REPORTS

Nil

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10. OTHER BUSINESS

10.1

LEAVE OF ABSENCE – CR SEAGER

MOVED Cr Milne that Cr Seager be granted Leave of Absence from Monday 11

September 2017 to Saturday 30 September 2017.

Seconded Cr Hurn CARRIED 2014-18/1157

Cr Seager briefed Council on the Sanderston and Lavender Federation Trails.

Cr de Vries left the meeting at 10.35am.

11. NEXT MEETING

Tuesday 19 September 2017 at 9.00am

12. CLOSURE OF MEETING

Mayor Sloane declared the meeting closed at 10.35am.

Confirmed at Council Meeting – Tuesday 19 September 2017

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

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The Barossa Council CONFIDENTIAL Minutes of Council Meeting held on 15 August 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 on

Tuesday 15 August 2017 commencing at 9.52am

MEMBERS PRESENT

Mayor Sloane, Crs Scotty Milne (Deputy Mayor) Dave de Vries, Bim Lange, Mark

Grossman, Margaret Harris, John Angas, Christopher Harms, Michael Seager,

Richard Miller, Leonie Boothby and Tony Hurn

OFFICERS PRESENT

Mr Martin McCarthy, Chief Executive Officer, Mrs Joanne Thomas, Director

Community Projects, Mr Matt Elding, Director Works and Engineering Services, Mr

Gary Mavrinac, Director Development and Environmental Services, Mr Mark

Lague, Group Manager Corporate Services, Mr Vincent Marsland, Group

Manager Community Services and Ms Lorraine Walsh, Executive Assistant

LEAVE OF ABSENCE

Nil

APOLOGIES

Nil

8.1 DIRECTOR WORKS AND ENGINEERING SERVICES - CONFIDENTIAL

8.1.1

TENDER – PARA WIRRA ROAD – WILLIAMSTOWN – SEALED ROAD CONSTRUCTION

WORKS – TENDER NO T022-2017 – NON COMPLETION

B5939 17/54297

MOVED Cr de Vries that Council:

(1) Accepts Option 1 of the Contractor’s Remediation Action Plan and

extends the defects liability period for the remedial work whilst also

continuing to monitor remaining defects during the existing defects liability

period, including the base course roughness issue and other defects which

may arise.

(2) Having considered this matter in confidence under Section 90(2) of the

Local Government Act (the Act) pursuant to Section 90(3)(i) of the Act

being information relating to actual litigation, or litigation that the council

or council committee believes on reasonable grounds will take place,

involving the Council or an employee of the Council and, makes an order

pursuant to Section 91(7) of the Local Government Act 1999, that the

report, attachments and associated documents other than the minutes in

relation to Confidential Item 8.1.1 of the Council Meeting held 15 August

2017 and titled Tender – Para Wirra Road – Williamstown – Sealed Road

OUT OF CONFIDENCE

2017/33

The Barossa Council CONFIDENTIAL Minutes of Council Meeting held on 15 August 2017

Construction Works – Tender No T022-2017 – Non Completion be kept

confidential and not available for public inspection and that the Chief

Executive Officer be delegated the power to review and revoke this order.

Seconded Cr Milne CARRIED CO2014/18-63

CLOSURE OF CONFIDENTIAL MEETING

There being no further business the confidential meeting closed at 10.30am.

Confirmed at Council meeting Tuesday 19 September 2017

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

OUT OF CONFIDENCE