minutes of the meeting of the barossa council · 2017-11-28 · 201 7/2 the barossa council minutes...

2017/1

The Barossa Council Minutes of Council Meeting held on Tuesday 24 January 2017

MINUTES OF THE MEETING OF THE BAROSSA COUNCIL

held on Tuesday 24 January 2017

commencing at 9.00am in the

Council Chambers, 43-51 Tanunda Road, Nuriootpa

1.1 WELCOME

Mayor Sloane declared the meeting open at 9.00am.

1.2 MEMBERS PRESENT

Mayor Bob Sloane, Crs Scotty Milne (Deputy Mayor), Mark Grossman, John Angas,

Dave de Vries, Michael (Bim) Lange, Margaret Harris, Tony Hurn, Leonie Boothby,

Michael Seager and Richard Miller

1.3 LEAVE OF ABSENCE

Nil

1.4 APOLOGIES

Cr Christopher Harms

MOVED Cr Grossman that the apology from Cr Harms be accepted.

Seconded Cr de Vries CARRIED 2014-18/895

1.5 MINUTES OF PREVIOUS COUNCIL MEETINGS

MOVED Cr Milne that the Minutes of the Council meeting held on Tuesday 20

December 2016 at 9.00am, as circulated, be confirmed as a true and correct record of

the proceedings of that meeting.

Seconded Cr Harris CARRIED 2014-18/896

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

Tuesday 20 December 2016 at 10.10am, as circulated, be confirmed as a true and

correct record of the proceedings of that meeting.

Seconded Cr Miller CARRIED 2014-18/897

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

20 December 2016 at 10.51am, as circulated, be confirmed as a true and correct

record of the proceedings of that meeting.

Seconded Cr Grossman CARRIED 2014-18/898




Seconded Cr Seager CARRIED 2014-18/899

2017/2


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







Seconded Cr Angas CARRIED 2014-18/901

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



Seconded Cr Milne CARRIED 2014-18/902

1.6 MATTERS ARISING FROM PREVIOUS COUNCIL MEETING

Nil

1.7 NOTICE OF MOTION

Nil

1.8 QUESTIONS ON NOTICE

Nil

2. MAYOR

2.1 MAYOR’S REPORT

A copy of Mayor Sloane’s activities from 13 December 2016 to 17 January 2017 was

included with the agenda for this meeting.

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


3. COUNCILLOR REPORTS

Nil

4. CONSENSUS AGENDA

5. ADOPTION OF CONSENSUS AGENDA

5.1 ITEMS FOR EXCLUSION FROM THE CONSENSUS AGENDA

Cr Milne 4.3.1.1 – Local Government (Building Upgrade Agreements) Regulations 2016

5.2 RECEIPT OF CONSENSUS AGENDA

MOVED Cr Harris that the information items contained in the Consensus Agenda with

the exception of 4.3.1.1 Local Government (Building Upgrade Agreements) Regulations

2016be received and that any recommendations contained therein be adopted.

Seconded Cr Lange CARRIED 2014-18/904

5.1 DEBATE OF ITEMS EXCLUDED FROM THE CONSENSUS AGENDA

4.3.1 GROUP MANAGER CORPORATE SERVICES - CONSENSUS

4.3.1.1

LOCAL GOVERNMENT (BUILDING UPGRADE AGREEMENTS) REGULATIONS 2016

2017/3


B4692 The State Government’s consultation on its proposed Building Upgrade Finance scheme, of

which the draft Local Government (Building Upgrade Agreements) Regulations 2016 (“the

Regulations”) are a part, concluded on 20 January 2017. A copy of the draft Regulations is

attached for Members’ information. Also attached, is a fact sheet on the Building Upgrade

Finance (“BUF”) mechanism.

In summary, the purpose of BUF is to help building owners to access loans to improve the energy,

water and environmental efficiency of existing commercial buildings (and industrial, etc). In an

Australian first, heritage works to or within heritage buildings, including works associated with

Building Code and disability access compliance, will be eligible to access the mechanism.

Residential buildings are not eligible to access the mechanism.

Under the BUF mechanism, a local council, a commercial building owner and a financier can

voluntarily enter into a building upgrade agreement. Under this agreement, the building owner

agrees to undertake upgrade works in respect of their building, the financier agrees to advance

money to the building owner for the purpose of funding the upgrade works, and the council

agrees to declare a building upgrade charge against the land on which the building is situated.

This charge is then paid by the building owner to the council a repayment of finance. The

council then passes the repayment on to the financier once received from the building owner.

As a result of the arrangement, the loan is effectively tied to the property rather than the

property owner. In the event of the transfer of ownership of the property, the charge can

remain with the property if the purchaser so agrees. The building upgrade charge effectively

secures the loan, as it is ranked in priority to mortgages and liabilities to the Crown should the

council exercise its statutory power of sale in respect of the charge. This provides heightened

security to financiers, allowing them to offer the finance to building owners on more attractive

terms.

The Corporate Management Team has been considering the proposed legislation and

processes in regard to additional resources and systems required to establish, maintain, operate,

register and report on the additional arrangements.

Cr Milne referred to the draft Local Government (Building Upgrade Agreements)

Regulations 2016 and asked whether there was compulsion upon Council to be

involved or is there an option to opt out if they choose.

Mr Mark Lague, Group Manager Corporate Services advised that the draft Regulations

consultation phase has recently concluded and that further information will be

provided to Council as it comes to hand.

MOVED Cr Milne that the report 4.3.1.1 be received and that further information on the

draft Local Government (Building Upgrade Agreements) Regulations 2016 be provided

to Council when it is available.


6. VISITORS TO THE MEETING/ADJOURNMENT OF MEETING

6.1 VISITORS TO THE MEETING

9.30am – Presentation of Youth Grant Certificate to Kate Moffett - refer Minute Page

2017/16.

6.2 ADJOURNMENT OF COUNCIL MEETING

Nil

7. DEBATE AGENDA

7.1 MAYOR – DEBATE

2017/4


7.1.1

REVIEW OF ORDER UNDER CONFIDENTIALITY PROVISIONS OF THE LOCAL GOVERNMENT

ACT – MID YEAR CHIEF EXECUTIVE OFFICER PERFORMANCE TARGET REPORT – 17 FEBRUARY

2015

MOVED Cr de Vries that Council in compliance with Section 90(9)(a) of the Local

Government Act (Act) and having reviewed the confidentiality orders of 17 February

2015 and 27 January 2016 made in accordance with Section 90(3)(a) of the Act, in

the matter of the Mid-Year Chief Executive Officer Performance Report resolve that

the attachments, performance review documents and agenda remain confidential

and that Council reviews the said order prior to 24 January 2018.


INTRODUCTION

On 17 February 2015 Council passed a resolution as follows:

That Council having considered this matter in confidence under Section 90(2) and (3) (a)

(being information the disclosure or which would involve the unreasonable disclosure of

information concerning the personal affairs of any person (living or dead)) of the Local

Government Act 1999 makes an order pursuant to Section 91(7) of the Act that all

supporting attachments and performance review documents and agenda of the

Confidential Council meeting held on 17 February 2015 in relation to confidential item

8.1.1 mid-year CEO Performance Report and not available for public inspection other

than the minutes relating to this confidentiality order, until the conclusion of the Chief

Executive Officer’s employment.

Any order made by Council that operates for a period extending for more than 12 months

must be reviewed at least once in every year.

This order was reviewed on 27 January 2016 and thus is due for renewal at this meeting of 24

January 2017.

COMMENT

The conditions of the order remain consistent with that considered at the meeting of 17

February 2015 and 27 January 2016 - that the relevant information pertains to the employment

performance of the Chief Executive Officer as contemplated by Section 90(3)(a) and 90(9)(b)

of the Act; it is therefore considered appropriate to maintain the order as is.

COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS

How We Work – Good Governance Local Government Act 1999, S90 and S91

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

Failure to keep this matter confidential could expose Council to reputational risk and

compromise the integrity of the review process.

COMMUNITY CONSULTATION

No public consultation is required or considered appropriate.

7.2.1 EXECUTIVE SERVICES – ACTING CHIEF EXECUTIVE OFFICER - DEBATE

7.2.1.1

NOMINATION OF CR MICHAEL (BIM) LANGE TO THE LOCAL GOVERNMENT ADVISORY

COMMITTEE ON THE IMPLEMENTATION OF THE NEW PLANNING SYSTEM

B535 17/976

2017/5


Mayor Sloane sought the leave of the meeting for Cr Lange to provide a short

presentation on why he wished to nominate for a position on the Local Government

Advisory Committee on the Implementation of the New Planning System.

The leave of the meeting was granted and Cr Lange made a verbal presentation.

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

conflict of interest in the matter 7.2.1.1 – Nomination of Cr Michael (Bim) Lange to the

Local Government Advisory Committee on the Implementation of the New Planning

System as he is the subject of the report.

Cr Lange advised Council of his conflict of interest and left the meeting at 9.17am.

MOVED Cr Milne that Council endorse the nomination of Cr Michael (Bim) Lange to the

Local Government Advisory Committee, and that the Chief Executive Officer be

authorised to complete all necessary documentation and forward it to the Local

Government Association of South Australia by the closing date.


PURPOSE

To seek endorsement of Council for the nomination of Cr Michael (Bim) Lange to the Local

Government Advisory Committee, which is to advise the Minister for Planning on the

implementation of the new planning system.

REPORT

Background

The Planning, Development and Infrastructure Act 2016 was assented to in April 2016, the

Minister for Planning is now seeking nominations for membership to the Local Government

Advisory Committee, for a term not exceeding twelve months.

Introduction

A call for nominations for the Advisory Committee has been made by the LGA. Refer to Circular

51.5 (Attachment 1).

A copy of the Terms of Reference for the Committee is provided in Attachment 2.

Nominations close on 9 February 2017.

The LGA Executive Committee will consider nominations received at its meeting on Thursday 23

February 2017.

Discussion

Cr Lange has expressed an interest in nominating for a position on the Advisory Committee.

Nominations for a position must provide the necessary nomination form addressing the Selection

Criteria (Attachment 3) and provision of a resume/CV to meet the requirements set by the State

Government.

Summary and Conclusion

The LGA is seeking nominations for the Local Government Advisory Committee on the

Implementation of the new Planning System. Cr Lange has expressed an interest in nominating

for a position on the Advisory Committee.

ATTACHMENTS OR OTHER SUPPORTING REFERENCES

Attachment 1 – LGA Circular 51.5

Attachment 2 – Terms of Reference

Attachment 3 – Nomination to Outside Bodies Form: Part B


Community Plan

2017/6


Natural Environment and Built Heritage

Community and Culture

Infrastructure

Health and Wellbeing

Business and Employment

Corporate Plan

No current linkage, corporate plan will be updated to ensure regional and state representation is

captured in the plan.

Legislative Requirements

Planning, Development and Infrastructure Act 2016


Nil


Nil

Cr Lange returned to the meeting at 9.19am.

7.2.1.2

TANUNDA RECREATION PARK – UPDATED MASTER PLAN

B5708

Author: Community Project Director

MOVED Cr Hurn that Council:

(1) Receives, notes and endorses the latest updated, draft Tanunda Recreation

Park Master Plan dated 22 September 2016 Trim Ref: 17/542 for community

consultation; noting that the Master Plan may be subject to future amendment

and budget consideration as required.

(2) Endorses the Community Consultation Plan to obtain feedback on the revised

plan Trim Ref: 17/1003 for the period 30 January to 3 March 2017 inclusive and

bring a further report on the outcome of the consultation to the 21 March 2017

Council Meeting.

(3) Thanks the Tanunda Recreation Park Advisory Group for its work in the ongoing

development of the draft Master Plan.


PURPOSE

To present the current draft version of the Tanunda Recreation Park Master Plan for

consideration by Council.

REPORT

Background

At its meeting on the 16 July 2013 Council resolved that:

2017/7


MOVED Cr Lykke

That the draft plan (sic Tanunda Recreation Park Master Plan) be received and made

available for public consultation. Seconded Cr de Vries CARRIED

At its meeting on the 22 January 2014 Council resolved that:

MOVED Cr Miller

That Council endorse the Tanunda Recreation Park Master Plan as a working concept

plan, acknowledging that the plan is subject to future amendment as required and

future budget considerations. Seconded Cr Lykke CARRIED

Since 2014, the former Tanunda Recreation Park Section 41 Committee has transitioned to an

informal community advisory capacity as part of Council’s Redefining Community Committees

initiative. The group, made up of the park user groups, continues to meet regularly and actively

engage with Council Officers and Elected Members on an ongoing basis.

Some of the work detailed in the endorsed 2014 working concept Master Plan (refer Attachment

1) has been carried out, most notably completion of the additional and upgraded tennis and

netball courts.

Other work such as the removal of the poultry shed given its deteriorating condition and to allow

for the future proposed extension of the Show Hall, has also been undertaken. The concept

plan as anticipated in the original Council resolution, has been developed and changed over

the intervening period.

Discussion

The Tanunda Recreation Park Advisory Group endorsed the updated plan for its own purposes

at its meeting on the 21 September 2016 (refer Attachment 2). The individual user groups

making up the Group confirmed their endorsement at the meeting on the 19 October 2016

(refer Attachment 3). The updated Master Plan is provided as Attachment 4.

As 2 years has passed since this matter last came to Council and the current draft iteration of

the Master Plan that the community committee is now working with is somewhat different to that

currently endorsed by Council, it is an appropriate time for the latest version to be formally

presented to Council.

Also “The Big Project” and the collaborative work now underway with South Australian Cricket

Association, Cricket Australia and South Australian National Football League means that the

current version of the plan is being used as the reference point for those discussions and it is

important to ensure that it is supported as those activities continue and Council seeks funding to

implement.

That will still allow for the Master Plan to be further refined and adapted during the phasing and

implementation process. It should be noted that discussions are still continuing with Tanunda

Bowling Club to look at further changes they may wish to make within the current footprint of

their leased land to allow for their expansion plans and to support the inclusion of the second,

oval (junior code size).

The prioritisation, phasing and costing of the updated concept plan still has to be completed.

Officers have instructed an electrical consulting engineer to validate the work done at a club

and local level around the electrical load and capacity requirements of the proposed changes

to the facility to ensure that the demand can be provided and understand the cost of

infrastructure upgrades that may be required. The whole of life costs of the revised proposals will

need to be factored into the feasibility study for the precinct and the overall “Big Project” (for

example items such as the long term maintenance cost of a second oval is not included in the

current Long Term Financial Plan).

Officers acknowledge the work of the volunteer group in the continued development of the

draft Master Plan and the in kind contribution of JBG Architects in the associated design work.

2017/8


Conclusion and Recommendation

With the development work done on the Tanunda Recreation Park Master Plan since it was last

considered and endorsed by Council and the momentum of work for “The Big Project”, it is now

an appropriate time for Elected Members to review the Master Plan.

Officers recommend endorsement and note that it continues to be developed and refined as a

basis for future action.

A process for community consultation is recommended and provided in Attachment 5.


Attachment 1 Tanunda Recreation Park Master Plan July 2013

Attachment 2 Tanunda Recreation Park Advisory Group minutes 21.09.2016

Attachment 3 Tanunda Recreation Park Advisory Group minutes 19.10.2016

Attachment 4 Tanunda Recreation Park Updated Draft Master Plan 22.09.2016 (1626-

A001-E) Trim Ref: 17/542

Attachment 5 Community Consultation Plan – Tanunda Recreation Park Master Plan

Update Trim Ref: 17/1003


Legislation

Local Government Act 1999

Community Plan – Themes


Infrastructure



Corporate Plan

How We Work – Good Governance

3.3 Ensure Councils sporting, recreational and leisure grounds and playing arena

and associated programs meet the current need of the community to an

agreed level of service.

3.9 Ensure Council facilities and assets are accessible, safe and maintained to an

agreed level of service.


Financial

The Master Plan will be prioritised, phased and costed as part of “The Big Project” feasibility study

work with associated costs taken from the approved project budget GL 440.

The cost of the proposed Community Consultation Plan will be met from “The Big Project”

2016/17 budget.

Resource

The project management work now falls within the scope of “The Big Project” with dedicated

input from Director, Community Projects. Consultation and promotion support from the

Communications and Marketing Officers.

Risk Management

The purpose of bringing this report to Council for the endorsement of the updated Master Plan

at this point is to avoid the risk of Council and the broader community having a different

understanding of what it is intended to deliver for the Tanunda Recreation Park precinct.

2017/9


As consultation has already taken place and the changes are still consistent with the original

intent and use of the facility it is recommended that a limited consultation process can be

adopted for this purpose.


As detailed in the Community Consultation Plan Trim Ref: 17/1003 (refer Attachment 4).

7.2.1.3

DEVELOPMENT, PLANNING AND INFRASTRUCTURE ACT - IMPLEMENTATION

B4319

MOVED Cr Milne that Council:

(1) Note that funds may be required as part of Council’s contribution to the SA Planning

Portal, and if required set aside funds within Council’s Long Term Financial Plan.

(2) Acknowledge that the Chief Executive Officer may appoint an interim Assessment

Manager in accordance with the requirements of the Planning, Development and

Infrastructure Act.

(3) Support Council Administration to commence negotiation with adjoining Councils

and other entities to investigate the potential for establishing a Joint Planning Board

and/or Regional Assessment Panel in accordance with the requirements of the

Planning, Development and Infrastructure Act, and report back to Council on the

outcomes of those investigations, within a timeframe to enable the recruitment and

appointment of members to a Board or Panel (if so determined).

(4) Have the Director, Development and Environmental Services report back to Council

on the reappointment of the Development Assessment Panel in line with the

Assessment Panel requirements pursuant to the transitional arrangements under the Planning, Development and Infrastructure Act and the Statutes Amendment

(Planning, Development and Infrastructure) Bill 2016.


PURPOSE

To provide Council with an update on the proposed implementation of the Development,

Planning and Infrastructure Act 2016, and seek opportunity to investigate the interest and

opportunity to establish a Joint Planning Board and/or Regional Assessment Panel in

accordance with the requirements of the Planning, Development and Infrastructure Act.

REPORT

Background

The passing of the Planning, Development and Infrastructure Act 2016 on 21 April 2016 will see

an overhaul to South Australia’s planning system.

The Act will be brought into operation in stages over the next few years via a transitional bill, the

Statutes Amendment (Planning, Development and Infrastructure) Bill 2016. The Transitional Bill

sets out the process of moving from the Development Act 1993 to the new legislation, along with

the drafting of new Regulations.

A consensus agenda report was provided at the December 2016 Council meeting following

receipt of correspondence from the Department of Planning, Transport and Infrastructure. The

report contained a copy of the implementation Road Map and summary of the key changes

and timeframes.

Given the timeframes indicated in the Road Map, this reports seek to provide Council with

further consideration in regard to the implementation of the Act, in order for Council

Administration to further assess the regional opportunities presented by the new system, and

give consideration to the financial and human resources need for the system.

2017/10


Introduction

Pursuant to the Statutes Amendment (Planning, Development and Infrastructure) Bill 2016 the

following provisions of the Act will come into operation on 1 April 2017.

Part 2—Objects, planning principles and general responsibilities

Division 1—Objects and planning principles

12 Objects of Act

13 Promotion of objects

14 Principles of good planning

Part 3—Administration

Division 1—State Planning Commission

Subdivision 1—Establishment and constitution of Commission

17 Establishment of Commission

18 Constitution of Commission

19 Special provision relating to constitution of Commission

20 Conditions of membership

21 Allowances and expenses

Subdivision 2—Functions and powers

22 Functions

23 Powers

24 Minister to be kept informed

25 Minister to have access to information

Subdivision 3—Related matters

26 Validity of acts

27 Proceedings

28 Disclosure of financial interests

29 Committees

30 Delegations

31 Staff and facilities

32 Annual report

Division 2—Chief Executive

33 Functions

34 Delegation

Part 20—Miscellaneous

233 Exemption from liability

236 Confidential information

245 Inquiries by Commission

Schedule 1—Disclosure of financial interests

1 Interpretation

2 Disclosure of interests

3 Register

4 Compliance with Schedule

5 Restrictions on publication

Schedule 3—Codes of conduct and professional standards

1 Codes of conduct

Clauses 1(1) (a), (2) and (3)

2 Publication of code

Statutory Advisory Committees

The Act requires the establishment of committees to provide advice on the implementation of

the Act. The committees must include the following:

Local Government Advisory Committee,

Development Industry Advisory Committee, and

Community Participation and Sustainability Advisory Committee.

Nomination for Local Government Advisory Committee is subject of other council report.

2017/11


These committees will become operational in April 2017.

Planning and Design Code/Development Plan

The Planning and Design Code is to be operational by 1 July 2020. Until 1 July 2020, a

Development Plan under the repealed Act (as in force at a relevant time) will have effect for

the purposes of the PDI Act as if it formed part of the Planning and Design Code.

ePlanning

As part of the reform, the Government of South Australia has committed an initial $25.8 million to

fund its implementation, including the introduction of a new SA Planning Portal.

There have been some speculation circulating relating to Council contributions to the State’s

planning portal. To date, the LGA has not been consulted on and has not agreed to any

contributions by councils to the cost of the new e-planning system.

Planning Agreements/Joint Planning Boards

A planning agreement is a long-term arrangement that allows for planning functions to be

delegated to regional groupings of councils to perform certain functions as a Joint Planning

Board, subject to agreed performance measures and targets.

A joint planning board:

a) is a body corporate; and

b) has the name assigned to it under the relevant planning agreement; and

c) is constituted in accordance with the terms of the relevant planning agreement; and

d) has the functions and powers assigned to it under this or any other Act or conferred

under the terms of the relevant planning agreement; and

e) must prepare and furnish annual reports in accordance with requirements prescribed by

the regulations

A council with any part of its area that is to be included in a planning agreement must be

invited to be a party to the agreement.

In addition to allowing for planning powers to be delegated to joint planning boards, planning

agreements may also include others matters that may be agreed by other Ministers (for

example, regional development or natural resource management).

A pilot program will be commenced in early 2017 to assist in preparing an information guide for

councils on this element.

Relevant Authority

The Act provides for five basic types of relevant authority:

the Minister

the Planning Commission

an assessment panel

an assessment manager

an accredited professional (i.e. private certifier)

Assessment Manager

An ‘Assessment Manager’ is a new role created in the Act. It is not dissimilar to the current

practice of delegations made to council planning staff. Generally, an assessment manager will

be an accredited professional appointed by the chief executive of a council, but they may also

belong to a class of persons prescribed by the regulations.

Assessment managers may be appointed to more than one assessment panel, and may be

contractors rather than employed.

An assessment manager:

is to provide advice to, and coordinate the business of, an assessment panel;

may act as a relevant authority for specified matters (subject to review by the panel at the

applicant’s request); and

is responsible for their performance to the person who appointed them (but is not subject to

direction as a relevant authority); and

2017/12


can be required to review assessment decisions and application categorisation (as an

alternative to appeals).

The costs of the assessment manager are to be met by the appointing body, generally being

the council. This reflects current practice of staff who act as delegates for councils.

Assessment Panels/Regional Assessment Panels

Panels are to be composed of accredited professionals, and panels established by joint

planning boards or councils may include at least on elected councillor but may not include

members of State Parliament. Panels may co-opt additional members from time to time to deal

with matters requiring specialist advice or input.

During transition, the Statutes Amendment (Planning, Development and Infrastructure) Bill 2016

provides for existing council assessment panels to continue to operate as council appointed

assessment panels under the new Act. Once the scheme commences operation (around July

2017), the new Act will require that each panel will only contain up to one elected

representative of council.

If a council does not appoint an assessment panel envisaged by the PDI Act, the Minister may,

after consultation with the Commission, constitute a local assessment panel under the PDI Act.

Discussion

ePlanning

The LGA was advised of the fee schedule as part of the 2016/17 budget announcements. The

LGA has also been publicly very critical of the Government’s decision to set the fees at a level

that will allow the Government to recover its full investment in e-planning.

The LGA have posed a number of questions to DPTI about how the proposed fees will work and

are still endeavouring to get answers so that councils can prepare their budgets for 2017/18.

The current understanding is that the fee will be a two part council fee comprising a $4,000 flat

fee applicable to all Councils; plus a second component indexed to development values of the

council as set out below.

Annual Value of Development by Council area Council Fee

Over $100m $32,000

Over $50m but less than $100m $24,000

Over $10m but less than $50m $12,000

Less than $10m (Flat fee only will apply) $4,000

The Barossa Council value of development last years was $9,383,439.

Further information will be circulated about these fees once the LGA has more detail.

The fully scoped SA Planning Portal will be implemented in phases, as the new planning system is

slowly ‘turned on’. It should be fully operational by the time the new assessment pathways are

implemented in mid-2018.

Council consideration:

Should councils be required to contribute to the establishment and maintenance of the

Planning Portal, Council will need to schedule these costs as part of the budgetary

process, and factors into Council’s Long Term Financial Plan.

Relevant Authority

Under the Act, a council CEO is to appoint an Assessment Manager in support of an Assessment

Panel. Where a Joint Planning Board has been established, the Board is to appoint the

Assessment Manager in support of a Regional Assessment Panel.

Assessment Manager

Each assessment panel must have an assessment manager appointed under section 87 of the

Act. The Transition Bill allows for the early appointment of Assessment Managers in readiness for

the Accreditation of Professionals under the Act. An Assessment Manager may continue to act

2017/13


as a delegate of the council under the Development Act in the interim. The Road map seeks to

have the appointment of assessment managers completed by June 2018.

The Bill provides for the delayed implementation of the accreditation scheme until the relevant

provisions of the new Act are proclaimed. This will allow professionals sufficient time to gain

accreditation in advance under the new accreditation scheme.

The accreditation scheme will be administered by the Commissioner for Consumer Affairs, as the

state’s primary occupational licensing regulator. The scheme, to be created by regulations, will

have the capacity to enable peak professional bodies to undertake accreditation of their

members directly, under the supervision of the Commissioner.

It is anticipated that the new ‘Registered Planner’ membership grade for the Planning Institute of

Australia (PIA) will constitute the required accreditation for planning professionals. The PIA are in

the process of transferring members who are current Certified Practicing Planners (CPP) and

previous holders of CPP across to the new membership grade.

Based on the above, the following staff would qualify for Registered Planner upon completion of

the transition requirements.

Louis Monteduro, FULL MEMBER CPP

Paul Mickan, FULL MEMBER CPP

Gary Mavrinac, FELLOW


Given the capacity to appoint an Assessment Manager in the interim phase of the

accreditation scheme, it is proposed that the Senior Manager Planning Services would

be seen as an appropriate appointment. The Senior Manager currently serves as the

executive officer for the Development Assessment Panel and has the delegation from

Council in order to undertake the role of a relevant authority.

The current legislation requires the appointment of a Public Officer to deal with

complaints associated with the operation of the Development Assessment Panel and its

members. The PDI Act is silent on the requirement to have a Public Officer for the

assessment panel. Clarification is required as to what complaint handling process will be

instigated under the PDI Act. In the interim, the current Public Officer will remain the point

of contact for complaints.

Planning Agreements/Joint Planning Boards

While the Act specifies that regional plans are to be prepared by the State Planning

Commission, this is to occur only in areas where a joint planning board has not been established.

The emphasis of the new system is for planning to occur at a regional level.

Planning agreements can be entered into relating to a specified area of the State by any

council that has its area or part of its area within that specified area (no two areas can overlap).

The agreement can be with the Minister or any other entity that has requested and agreed to

be party to the agreement, including for example State government departments or entities i.e.

the Natural Resource Management Boards.

It is intended that the members of the joint planning board collectively have qualifications,

knowledge, expertise and experience necessary to enable the board to carry out its functions

effectively. These requirement will set out by the Minister.

In establishing a joint planning board, the parties to the agreement will be responsible for costs

and other liabilities associated with the activities of the board.

An assessment of the potential joint planning boards is provided in Table 1.

Table 1 – Board Options

Region Councils Assessment

Character

Preservation

District

The Barossa Council

Light Regional Council

Mid Murray Council

Adelaide Hills Council

Encompasses the CP district

Contiguous areas of dominant land uses

May be problematic, given that Mid Murray

Council is outside the Greater Adelaide

region

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Geographic

Indication

Region

The Barossa Council


Focus on GI region

Contiguous areas of dominant land uses

Ability to focus on specific programs

designed to manage future development

potential (i.e. infrastructure)

RDA Barossa The Barossa Council


Town of Gawler

Adelaide Plains

Council

Encompasses the RDA region, where the four

council actively collaborate across a range

of matters (i.e. Procurement, Public Health)

Combined planning and shared resources

with RDA Board

Potential to reduce duplication of effort

Capacity to deal with a range of matters via

the Planning Agreement:

o Infrastructure Planning

o Water Allocation Planning

o Economic development

o Resilience/Climate Adaptation

o Public Health Planning

Gawler River

Flood

Catchment

The Barossa Council


Town of Gawler

Adelaide Plains

Council

Adelaide Hills Council

City of Playford

Encompasses the Gawler River Catchment

area

Potential to replace the Gawler River Flood

Management Authority as a subsidiary under

the Local Government Act, or establish it as

a committee/subsidiary of a Joint Planning

Board

Land use planning to address flood

management already a function of the

Authority

Problematic if any of the constituent councils

are part of another Joint Planning Board


• Given the level of collaboration with the councils within the RDA Barossa region, it is

considered that pros and cons of establishing a joint planning board should be

explored during the first half of 2017, reporting back to Council with the expected

timeframe to recruitment and appointment a joint planning board should there be

support from the adjoining councils or other entities.

Assessment Panels/Regional Assessment Panels

The LGA has recommended that councils should consider early in 2017 the process for

amending the memberships of their DAPs.

In anticipation of the commencement of the new Act, Council resolved to reappoint the current

panel members to the end of December 2017.

The Act envisages a range of assessment panels can be appointed, to help better match

decision-making responsibility to the scale, impact and risk of a proposed development, and

expectations of development in a particular area.

An assessment of the potential assessment panels is provided in Table 2.

Table 2 - Assessment Panel Options

Panel Councils Assessment

Council The Barossa Council Effectively maintaining the status quo, but with a

five member panel and changes to the class of

development referred to the panel.

Regional

(two councils)

The Barossa Council

Other Council

Opportunity to establish a panel with an adjoining

Council

Shared resourcing opportunity

Regional The Barossa Council Opportunity to establish a regional panel that

2017/15


(multiple

councils)


Town of Gawler

Adelaide Plains Council

pick up the fours councils within the RDA Barossa

region

Shared resourcing opportunity

Council/Regional The Barossa Council

Other Councils

Establish both a council and regional panel

Each panel to deal with a different class of

development e.g. regional panel to assess

development greater than $2million in value or

having regional significance Shared resourcing opportunity

The new Act will require that current panel only contains one elected representative of council

by July 2017.


• Council will need to formally reduce the current panel from seven to five members

by removing two of the current Council members, and reinstating the remaining

member. A further report to Council will need to be prepared and presented to

Council prior to July 2017.

• Council Administration will need to commence recruitment for new members for an

assessment panel by December 2017.

• During the first half of 2017, explore establishing a regional assessment panel with

adjoining councils and reporting back to Council with the expected timeframe to

recruitment and appointment a regional assessment panel, pending as to whether a

joint planning board is to be established.


The implementation of the Planning, Development and Infrastructure Act 2016 is to commence

in 2017, which amongst other things, will see Council Development Assessment Panels phased

out between July-December 2017.

Accordingly, Council will need to explore the various options in the establishment of joint

planning boards and/or assessment panels.

The first half of 2017 presents an opportunity to commence discussion with other councils and

entities to determine the support for further collaboration within the region, knowing that if

options are not explored regional planning will be undertaken by the State Planning

Commission.



https://www.legislation.sa.gov.au/LZ/C/A/Planning%20Development%20and%20Infrastructure%2

0Act%202016.aspx

Statutes Amendment (Planning, Development and Infrastructure) Bill 2016

https://www.legislation.sa.gov.au/LZ/B/CURRENT/STATUTES%20AMENDMENT%20(PLANNING%20DE

VELOPMENT%20AND%20INFRASTRUCTURE)%20BILL%202016.aspx

SA Planning Portal

http://saplanningportal.sa.gov.au/


Community Plan



Infrastructure


https://www.legislation.sa.gov.au/LZ/C/A/Planning%20Development%20and%20Infrastructure%20Act%202016.aspx

https://www.legislation.sa.gov.au/LZ/C/A/Planning%20Development%20and%20Infrastructure%20Act%202016.aspx

https://www.legislation.sa.gov.au/LZ/B/CURRENT/STATUTES%20AMENDMENT%20(PLANNING%20DEVELOPMENT%20AND%20INFRASTRUCTURE)%20BILL%202016.aspx

https://www.legislation.sa.gov.au/LZ/B/CURRENT/STATUTES%20AMENDMENT%20(PLANNING%20DEVELOPMENT%20AND%20INFRASTRUCTURE)%20BILL%202016.aspx

http://saplanningportal.sa.gov.au/

2017/16




Corporate Plan

Nil



Character Preservation (Barossa) Act 2014

Development Act 1993



Financial

The financial implications of the new Act are still undetermined. While there are potential

savings, there is no doubt that costs will be incurred either directly or indirectly. Council will need

to factor future costs (i.e. contribution to the Planning Portal, support for regional initiatives) as

part of its Long Term Financial Plan.

Resource

Similarly, the resources needed for the operation of the Act are still to be worked through. In

part, the workforce planning review being undertaking internally alongside the Service Review

presents an opportunity to determine what level of resource will be required by Council under

the new system.

Given the regional focus of the legislation, there is potential for shared resources across councils

and other entities to help facilitate the system. The opportunity to explore further regional

collaboration with our adjoining councils and other entities will seek to identify costs and

benefits.

Risk Management

There is no perceived risk at this stage. A key consideration is whether Council wishes to actively

contribute to planning for the region. In the absence of a joint planning board, planning for the

Barossa region will be undertaken by the State Planning Commission as part of the broader

Greater Adelaide region. Joint planning boards are envisaged to be the primary authority for

developing and implementing regional plans.

Council should be prepared to initiate new processes as soon as practical in line with the

Transitional Bill, Road Map and advice from the Department of Planning, Transport and

Infrastructure as it becomes available.


While the Government of South Australia has introduced the new planning system, effort should

still be made by Council to commence provision of information to the community on the

proposed changes. As a start, a link should be provided from Council’s website directing the

community to the SA Planning Portal.

VISITOR TO THE MEETING - 9.30AM

Mayor Sloane presented a Youth Grant certificate to Kate Moffett who represented

SAPSASA in the School Sport Australia 12 and Under Swimming Championship in

September 2016.

7.2.1.4

UPDATE OF DELEGATIONS REGISTER

B4662

MOVED Cr de Vries

(1) Revocations

That having delegated powers and functions to the Chief Executive Officer of

the Council on the 17th day of May 2016 under the Local Government Act 1999,

2017/17


the Council hereby revokes this 24th day of January 2017 delegations of those

powers and functions under the following Acts set out below: Local Government

Act 1999 – the power pursuant to section: - 235(1) regarding deposit of rubbish -

236(2) regarding abandonment of vehicles and farm implements - Schedule 1A

– clause 24(1) regarding special powers in relation to the land.

(2) Delegations under the Local Government Act 1999

That Council, in exercise of the power contained in Section 44 of the Local

Government Act 1999, hereby delegates to the person occupying the office of

Chief Executive Officer this 24th day of January 2017, the powers and functions

under the following Acts set out below:

Local Nuisance and Litter Control Act 2016 upon commencement of the

provisions

Local Government Act 1999 – the power pursuant to section:

- 236(2) regarding abandonment of vehicles and farm implements

- Schedule 1A – clause 24(1) regarding special powers in relation to the land

Liquor Licensing Act 1997 - the power pursuant to section:

- 106(2)(b), (4) and (5) regarding noise and

- 120(1) and (2) regarding disciplinary action before the court

(3) Instruments of Delegation

That under section 44 of the Local Government Act, the Instruments of

Delegation as set out at Attachment 1 of this Report dated 24th day of January

2017, be amended and Council’s Delegations Register be updated in

accordance with this resolution.


PURPOSE

The Council is being asked to delegate to the Chief Executive Officer the new powers and

functions which are available through the introduction of the Litter and Nuisance Act 2016 which

will come into effect on the 1st February 2017, and various powers under the Local Government

Act 1999 and Liquor Licensing Act 1997.

REPORT

Background

Council may only exercise those powers and functions which are conferred on it by legislation.

The ways in which Council may exercise its powers and functions are:

when the Elected Body itself exercises the power/function at a formally constituted

meeting; and

where the legislation enables it, a power or function may be delegated pursuant to an

Instrument of Delegation and exercised in the name of a delegate.

Delegations can greatly assist Council by enabling the Elected Body to progress with the

strategic element of local government and leave the day-to-day operations and administration

of the Council to the staff who have the relevant expertise and experience to deal with such

matters thus improving effectiveness and efficiency.

Accordingly, it is essential to good governance that the Elected Body fully considers the

delegations it proposes to make and demonstrates it has turned its mind to the issue.

Introduction

The delegations review before Council is urgent one due to the impending commencement of

the Local Nuisance and Litter Control Act 2016 on 1 February 2017, which makes available many

new powers for Council and its officers. The review also consider some administrative efficiencies

under the Liquor Licensing Act 2012 and minor updates to the Local Government Act 1999.

Discussion

2017/18


1. Local Nuisance and Littler Control Act 2016

This Act was proclaimed on Thursday 21 July 2016 for staged commencement with litter

provisions commencing on 1 February 2017 and local nuisance provisions on 1 July 2017. The

attached Instrument of Delegation under the Local Nuisance and Litter Control Act 2016

provides an entirely new suite of powers for Council to delegate to the CEO, who can then sub-

delegate them to relevant officers.

While the Council can delegate these powers today in principle, such powers will only be

effective from the commencement dates of the Act i.e. powers regarding litter can only be

exercised from 1 February and powers regarding nuisance can only be exercised from 1 July

2017.

2. Local Government Act 1999

Amendments to section 125 and 126 of the attached Instrument of Delegation under the Local

Government Act regarding rubbish are due to changes from the Local Nuisance and Litter

Control Act (and so will only take affect from 1 February 2017).

Amendments to clause 24(1) regarding special powers in relation to land are due to additional

powers recently established under the Local Government Act.

3. Liquor Licensing Act 1997

For administrative efficiency, officers are recommending that the Council delegate to the Chief

Executive Officer the necessary powers at sections 106 and 120 to address with the Liquor

Licensing Commissioner any noise complaint against licensed premises and to lodge disciplinary

actions in the relevant court. This saves such matters having to first come to Council for a

resolution to act.

These powers are outlined in the attached Instrument of Delegation under the Liquor Licensing

Act 1997.


Council is requested to consider and resolve to delegate to the Chief Executive Officer all

powers and functions as are outlined in the recommendation.


Attachment 1:

Instrument of Delegation under the Local Nuisance and Litter Control Act 2016

Instrument of Delegation under the Local Government Act 1999

Instrument of Delegation under the Liquor Licensing Act 1997


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.


Liquor Licensing Act 1997

Local Government Act 1999 – section 44

Local Nuisance and Litter Control Act 2016


Financial – There are no financial considerations to implement delegations.

Resource – All process tasks are absorbed as part of officers’ existing operational roles.

Risk Management – The risk of having ineffective or invalid delegations is minimised as the

delegations being considered have been recommended by Norman Waterhouse Lawyers

2017/19


(which prepared the Instruments for the LGA). It is imperative that delegations are validly made

as consequences of ineffective or invalid delegations include:

the exercise of power may fail – i.e. the decision made may be liable to being

overturned by a court

the cost of a successful challenge to a decision made without lawful delegation will likely

be borne by the Council where the unlawful exercise of the power has caused loss or

damage the Council may be liable for such loss or damage.


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

opinions, do the particular circumstances require it as the delegations themselves are based on

prescribed LGA templates where there is no option for amendment through community

feedback. For transparency, the community has access to the delegations register on Council’s

website so is made aware of the powers of the CEO as delegated by the Council, and also the

powers of officers as sub-delegated by the CEO.

7.2.1.5

INFORMAL GATHERINGS POLICY

B1485

MOVED Cr Milne that Council receives, considers and approves the amended Informal

Gatherings Policy attached to this report.

Seconded Cr Hurn CARRIED 2014-18/911

PURPOSE

Council is asked to approve an updated version of the Informal Gatherings Policy as attached.

Amendments are pursuant to recent legal advice and are by way of track-changes.

REPORT

Background

Section 90(8) of the Local Government Act 1999 enables Council or a Council committee to

hold an informal gathering without the public being present provided that:

(a) Council or the Council committee does not make a decision or effectively

pre-empt a decision on a matter that would ordinarily be dealt with at a Council or

committee meeting;

(b) Council has approved an Informal Gatherings Policy; and

(c) the informal gathering complies with the Informal Gatherings Policy.

Introduction

The current Informal Gatherings Policy was approved by Council on 15 November 2016 and was

based on the Local Government Association’s October Model Policy as prepared by Wallmans

Lawyers. The Model did not contain a definition of informal gathering, just examples from the

Local Government Act 1999 which were used as guidance.

This lack of definition has caused some confusion in the sector about whether or not all Council

or Committee members must be invited to an informal gathering. The LGA obtained further legal

advice and as a result Wallmans Lawyers has clarified, for reasons cited below, that an informal

gathering is one which all Council members or Council committee members (as the case may

be) would be invited - whether or not they all actually attend.

Discussion

Section 90(8) of the Local Government Act provides an exception to the “duty to hold a

meeting of a council or council committee at a place open to the public”. So the context of this

provision is an exception from an event (ie a council or committee meeting) to which all the

council or committee members, as the case may be, would be invited.

The Local Government Act has no definition of “informal gathering”, but provides guidance as

to what it can be via listed examples such as planning sessions associated with the development

2017/20


of policies or strategies, briefing or training sessions, workshops or social gatherings to encourage

informal communication between members or between members or staff. Wallmans advises

that since these examples are events to which all Council members or Committee members (as

the case may be) would ordinarily be invited, it follows that a practical definition of “informal

gathering” must be an event to which all members would be ordinarily invited.

The Wallmans’ advice clarifies the definition of “informal gathering” and recommends that

councils provide a definition within their prescribed Informal Gatherings Policy.

Officers present this amendment in paragraph 2.2 of the attached draft, with further minor

changes at paragraphs 3.2 and 3.4.


Council is now asked to consider and approve the attached draft Policy.


Draft Informal Gatherings Policy



Corporate Plan

Community and Culture:

2.3 Support and promote community involvement and networks and provide

opportunities for participation in local decision making.

How we work – Good Governance:

6.2 Ensure that Council’s policy and process frameworks are based on principles of

sound governance and meet legislative requirements.

6.7 Implement strategies for the community to be actively engaged in Council

decision-making through sound information and communication.

Legislation – Local Government Act 1999: Section 90(8)

Local Government (General) Variation Regulations 2016


Financial – There are no financial considerations.

Resource – There are no resource considerations.

Risk Management – Council reduces its risk by having a compliant policy for Informal Gatherings.


There is no community consultation required under the Local Government Act 1999.

Additionally, by way of best practice no further consultation is required as this draft Informal

Gatherings Policy is based on a Local Government Association model as drafted by Wallmans

Lawyers. The community’s interests as to improved transparency of Council’s decision-making

process have been well represented by the Ministerial oversight in establishing specific policy

and process for informal gatherings.

7.3.1 DEBATE AGENDA – GROUP MANAGER CORPORATE SERVICES

7.3.1.1

CONSIDERATION AND ADOPTION OF AUDIT COMMITTEE RESOLUTIONS

B4256 16/87890

MOVED Cr Harris that Council, having reviewed the Minutes of the Audit Committee

meeting held 20 December 2016 adopt the resolutions contained therein.


2017/21


PURPOSE

The Minutes of the Audit Committee meeting held 20 December 2016 are presented for the

consideration and adoption of Council.

REPORT

The consideration and adoption of recommendations of Council committees requires

assessment by Council to ensure compliance with Council obligations under section 6(a) of the

Local Government Act.

The Minutes of the Audit Committee meeting held 20 December 2016 are attached.


Attachment: Minutes of the Audit Committee meeting held 20 December 2016


Corporate Plan




6.9 Provide access to Council’s plans, policies and processes and communicate with the

community in plain English.

6.16 Provide contemporary internal administrative and business support services in accordance

with mandated legislative standards and good practice principles.

Legislation


Local Government (Financial Management) Regulations 2011


Identified within the body of the Minutes.


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

7.3.1.2

AUDIT COMMITTEE MEMBERSHIP – INDEPENDENT MEMBERS

B4265

MOVED Cr Milne that Mr Peter Brass and Ms Tanya Johnston be granted an extension of

appointment as Independent Members of The Barossa Council Audit Committee for a

further two year term, expiring 27 January 2019.


PURPOSE

Independent Members of the Audit Committee are appointed for a two year term, with a right

of extension by Council. Mr Peter Brass and Ms Tanya Johnston seek an extension of

appointment for a further two year term.

REPORT

The Audit Committee Terms of Reference (clause 3.2.1) allows for Independent Members to be

appointed for a 2 year term (unless otherwise determined by Council), with a right of extension

of the appointment by Council.

Peter Brass, who also serves as Chairperson, and Tanya Johnston were appointed to the Audit

Committee in January 2015, with the current term expiring on 27 January 2017. Both have

confirmed that they wish to extend their appointment for a further two year term, subject to

Council approval.

2017/22


The current term of Independent Member, James Heuzenroeder, expires in January 2018;

appointments have been staggered to secure consistency of Independent Members on the

Committee.


Nil

COMMUNITY PLAN /CORPORATE PLAN / LEGISLATIVE REQUIREMENTS

Corporate Plan




Legislation




Financial

Independent Members allowances are incorporated within the existing Budget.

Resource

No additional resource requirements identified.

Risk Management

The independent representation is based on the opportunity to achieve external oversight of

Council operations and enhance transparency for our community of Council’s overall risk

management approach.


Not required under Council policy or legislation.

7.3.1.3

REGIONAL YOUTH TRAINEESHIP PROGRAM

B707

MOVED Cr Milne that Council approves a budget transfer in the 2016/2017 year of up to

$5,306 (excl GST), and for forward years, the use of discretionary funds of up to $40,390

(excl GST) in the 2017/2018 year and up to $23,721 (excl GST) in the 2018/2019 year, to

fund the wage subsidy gap and related training costs for a proposed trainee (shared) in

the Library, Customer Service, Tourism Services and Rates sections, under the Regional

Youth Traineeship Program Round 2 (2017 – 2019).


PURPOSE

Council approval is sought for a budget transfer in the 2016/2017 year of up to $5,306 (excl GST),

and for future years, the use of discretionary funds of up to $40,390 (excl GST) in the 2017/2018

year and up to $23,721 (excl GST) in the 2018/2019 year, to fund the wage subsidy gap and

related training costs for a proposed trainee (shared) in the Library, Customer Service, Tourism

Services and Rates sections, under the Regional Youth Traineeship Program Round 2 (2017 –

2019).

REPORT

Background

Minister for Regional Development, Hon Geoff Brock, announced on 21 October 2016, an

additional $2million for a further 57 traineeship positions to enable the LGA to support their

regional member councils and Aboriginal Community councils to participate in the second

round of the Regional Youth Traineeship Program (the Program).

2017/23


The Program, delivered on behalf of the State Government by the LGA, provides a wage

subsidy to employ a young person (aged 17-24 years) from regional South Australia fulltime for

two years under a Certificate III traineeship.

“The original intent of the Program is to increase youth participation in regional council

workforces. The Program may also assist with workforce succession planning and retention

initiatives to address councils’ ageing workforce. The Program also seeks to address declining

traineeship rates in Local Government and the barriers listed by Local Government in accessing

training in regional Australia. One hope of the Program is the coordination of high quality,

flexible training delivery that meets the specific needs of Local Government in regional SA.”

(LGA Regional Youth Traineeship Program Round 2 Council Program Guidelines and Milestones)

All trainee positions must be employed by 28 April 2017.

Introduction

Due to tight timeframes, as the submission closing date was in December 2016, Officers

submitted a Registration for one traineeship position (ICT Trainee) and also an Expression of

Interest (EOI) for a second traineeship position (Administration Trainee).

The first registration for an ICT Trainee has already been accepted by the LGA and Council is

currently advertising the position in local newspapers and on the website. The Knowledge and

Technology Services Team was unsuccessful in recruiting an Application Support Officer and has

decided to upskill the current Helpdesk Officer into that role. The ICT Trainee will be trained to

assist in the Helpdesk role and costs are fully funded in existing budgets.

If all 57 eligible regional councils/local authorities do not register to participate in the Program,

the remaining positions will be re-allocated to those that do register. Therefore, an Expression of

Interest (EOI) was submitted for a second trainee to be shared by Library, Customer Service,

Tourism Services and Rates sections.

If Council chooses not to participate in the Program for this trainee, our EOI can be withdrawn

before the LGA Board meets on the 25 January 2017.

Discussion

As stated, all positions must be employed by 28 April 2017. Council is required to contribute to

the wage subsidy gap and all training related costs for approved trainees over the two year

agreement.

The wage subsidy provided by the Program is $29,000 (excl GST) paid in three instalments of

$9,667 for each trainee. (Note: LGA have given a proviso that funding is dependent on the LGA

Board approving the Funding Deed at its 25 January 2017 Board Meeting and the first instalment

being received by the LGA around February-March 2017.) The Council wage contribution will

vary depending on: the highest level of schooling completed by the trainee; the number of

years they have been out of school; and the certificate III qualification role selected. It is

anticipated that the approximate net cost to Council (after the subsidy has been applied) for

each trainee would be up to $69,417 (excl GST) in total, including a training budget of $3,000

(excl GST).

Council’s contribution to the ICT trainee is fully funded within existing budgets. The Library,

Customer Service, Tourism Services and the Rates sections only have available budget funds

(transferred from existing budgets from each service area) to accommodate the wage subsidy

gap of $5,306 (ex GST) until 30 June 2017. Should the EOI for this second trainee be approved by

the LGA, Council approval is required for use of discretionary funds provided in the adopted

Long Term Financial Plan of up to $40,390 (excl GST) in the 2017/2018 year and up to

$23,721(excl GST) in the 2018/2019 financial year, to service the wage and training subsidy gap

and training related costs.

The Corporate Management Team has given in-principle approval for the second trainee and a

Due Diligence Report (DDR) and Bid Analysis Tool (BAT) have been created to support the

budget request. (Refer Attachments 1 and 2.)


2017/24


Working with Local Government is an important way young people can contribute to their

community, while gaining a broad range of skills they will be able to use in future employment.

The Council is a major local employer and encourages youth employment and supports, where

possible, relevant LGA trainee schemes. The proposed shared trainee for the Library, Customer

Service, Tourism Services and Rates sections, will work towards a Certificate III qualification in

Business Administration, which could lead to future roles in Office Administration, Clerical Officer,

Finance Officer, Accounts Officer, Rates Officer, etc.

The current age demographics for Council indicates that less than 6% of employees are aged 25

or under. Supporting this opportunity for youth employment will improve the proportion, even if

only for a limited period.


Attachment 1: Due Diligence Report

Attachment 2: Bid Analysis Tool

COMMUNITY PLAN /CORPORATE PLAN / LEGISLATIVE REQUIREMENTS

Community Plan


2.5 Engage with and support young people to actively participate

in the community and develop the leaders of the future.


5.1 Work closely with State Government, Federal Government

and stakeholders to support economic growth, development

and job creation.

5.5 Support education and training programs that directly respond

to workforce gaps and innovation.

Corporate Plan


2.3 Support and promote community involvement and networks

and provide opportunities for participation in local decision making.

2.8 Offer opportunities for young people to develop leadership skills

and have input into decision making that affects them.

2.9 Collaborate, initiate, develop and/or support activities and

facilities for youth in our community.


5.1 Provide visitor information services through the visitor information

centre and associated activities of Council.


6.4 Ensure that decisions regarding expenditure of Council’s budget

Are based on an assessment of whole of life costs, risk associated

with the activity and advice contained within supporting plans.


Financial

The funding for this new initiative is proposed as a budget transfer in the 2016/2017 year of up to

$5,306 (excl GST) and for forward years, the use of discretionary funds provided in the adopted

Long Term Financial Plan of up to $40,390 (excl GST) in the 2017/2018 year and up to

$23,721(excl GST) in the 2018/2019 financial year.

A review of the Council’s operating result for 2016/17 reported to Council in the Budget Update

as at 30 September 2016, along with Council approved adjustments since that resolution, is an

operating surplus of $691k and a ratio of 1.86%.

This proposal, along with another agenda item within this agenda, will have the effect of

reducing the expected operating surplus to $666k and a ratio of 1.80%.

2017/25


In accordance with Council’s Prudential Management Policy, a Bid Analysis Tool Assessment has

been completed for the proposed non-budgeted expenditure. The Bid Analysis Tool score of 40

places the rating of this proposal at 23rd place in comparison to the successful New Initiative bids

as part of the 2016/17 budget process.

Resource

The trainee will add to existing resources around their training requirements and provide

assistance in undertaking much needed support for a variety of service areas, including support

with administration tasks.

Risk Management

Council is required to provide the trainee with appropriate Council induction training (eg WH&S

compliance, documentation control procedure, HR/IR and Award requirements) and direct

supervision as required under a traineeship. All employees are responsible for compliance with

Council’s human resources policies, processes and practices.


Not required under Council policy or legislation.

7.3.1.4

NATURAL DISASTER RESILIENCE PROGRAM GRANT FUNDING SUBMISSION

B5599

Author: Manager Knowledge and Technology Services

MOVED Cr Angas that Council:

(1) Subject to consideration of the final Barossa Region Extreme Heat Preparation and

Response Planning Project report at a future Council Meeting, endorse in principle,

the provision of a “Safe Haven” location during normal opening hours for

particularly at risk community members during periods of extreme weather or

prolonged power outages;

(2) Endorse Officers’ application for grant funding under the Natural Disaster Resilience

Program, to partially fund the purchase of equipment and emergency response

packs to facilitate the potential future provision of a community “Safe Haven”

under the proposed National Disaster Resilience Program Grant Project;

(3) Subject to the above grant funding application being successful, approve the

proposed additional net funding requirements of up to $78,700 (excl GST) from the

discretionary funds in future years’ budgets, as provided in the adopted Long Term

Financial Plan.


PURPOSE

Subject to Federal Government grant funding being received, Council approval is sought, in

principle, for additional net funding requirements of up to $78,700 (excl GST) from the

discretionary funds in future years’ budgets, for the proposed purchase of equipment and

emergency response packs to provide the opportunity for Council to offer a “Safe Haven”

during opening hours for particularly at risk community members during periods of extreme

weather or prolonged power outages.

REPORT

Background

The Natural Disaster Resilience Program supports projects that improve the ability of

organisations and individuals to prepare for, respond to and recover from natural disasters and

emergency events. Up to $250,000 per annum can be sought as a contribution toward the total

cost of each project. Local Government can seek grant funding for up to 70% of total project

costs. Priority will be given to projects that:

are consistent with the National Strategy for Disaster Resilience;

identify and/or address emergency risk;

2017/26


support networks partnerships within communities and across sectors;

commence on or before 1 July 2017;

will be completed within two years; and

deliver sustainable benefits beyond the grant funded period.

Introduction

Due to tight timeframes (submissions were required by 13 January 2017), Officers have submitted

a grant funding application for $83,300 (excl GST) via the National Disaster Resilience Program to

facilitate Council’s capacity to provide a nominated “Safe Haven” for particularly at risk

community members during periods of extreme weather or prolonged power outages (if so

endorsed by Council at a future meeting.)

This report seeks to inform Council of this proposal and obtain approval to funding (as required

under the grant application), in consideration of the potential future financial implications,

should the grant application be successful.

Discussion

This proposed project aims to extend Council service provision in an extreme weather event by

enabling access by the wider community to a centrally-located existing Council facility. The

project aligns with the Draft Barossa Region Extreme Heat Preparation and Response Planning

Report which indicates in its audit, that the Public Library and Nuriootpa Council Chambers was

a highly suitable facility. This draft Report will be discussed with the Bureau of Meteorology

regarding extreme heat forecasting (scheduled for February 2017) and then presented to

Council.

The Barossa Council Public Library Nuriootpa Branch, is co-located with Council’s Principal Office

and has sufficient floor space with seating capacity of 40. There is additional space and seating

available in the adjoining Council Chambers and rooms. Amenities on-site include male, female

and disabled toilets, full kitchen facilities, drinking water for the public and adequate air

conditioning, in addition to technology such as computers and ipads. The Library has extended

opening hours (until 6pm weekdays) and operates reduced hours on weekends. Additionally,

the site can be equipped with designated and appropriately trained wardens and first aiders

and has adequate refrigeration for medical supplies/medication. Past hot weather events have

resulted in increased numbers of persons attending the Library seeking relief and using the

services and resources available.

Costs for this project are primarily for the purchase and installation of equipment and purchase

of emergency response packs (including UHF radios, defibrillators and first aid supplies). This

requires total funding of up to $162,000 (excl GST) (Grant monies and Council funding), in order

to provide continuity of service to Council to potentially offer a “Safe Haven” during normal

opening hours, for community members during an extreme weather event or prolonged power

outages.

Summary

Should Council be successful in the grant application and in-principle approval for a “Safe

Haven” and additional Council funding is received, project work would commence in the new

financial year (2017/2018). The Due Diligence Report (DDR) outlines the various stages of the

project.

If Council does not support this proposal, our grant application will be withdrawn.


Attachment 1: Due Diligence Report (DDR)

Attachment 2: Bid Analysis Tool


Community Plan


2.12 Contribute to a safer community

2017/27


Infrastructure

3.5 Advocate for and seek out funding opportunities that support the

development of community, health and other facilities and

infrastructure from both state and federal government

Corporate Plan


2.10 Collaborate with key emergency management stakeholders

and provide support for community safety initiatives


4.15 Plan for and where appropriate support response to

extreme weather events or disasters in the region


6.4 Ensure that decisions regarding expenditure of Council’s

budget are based on an assessment of whole of life costs, risks

associated with the activity and advice contained within

Supporting plans


Financial

It is proposed the funding for this New Initiative is by the use of discretionary funds as provided in

the adopted Long Term Financial Plan (LTFP) in future years of up to $162,000 (ex GST) less a

grant funding application for $83,300 (excl GST), resulting in an additional “net” funding

requirement of up to $78,700 (excl GST) as per the DDR (not including depreciation).

If approved, the New Initiative will not affect the 2016-17 financial year’s results but will be

included within the next budget cycle and annual review of the LTFP.

In accordance with Council’s Prudential Management Policy, a Bid Analysis Tool Assessment has

been completed for the proposed non-budgeted expenditure. The Bid Analysis Tool score of 48

places the rating of this proposal at 17th place in comparison to the successful New Initiative bids

as part of the 2016/17 budget process.

Both the current budget and/or this DDR do not provide for funding to open the Nuriootpa

Office/Library for longer than existing working days/times on extreme weather days.

Resource

Staff resources provided as “in kind” contribution toward this project will be provided as part of

normal business and not have any additional financial implication.

Risk Management

Project risks will be identified and managed as part of the project in consultation with technical

experts and key stakeholders.

The use of the Barossa Council Public Library Nuriootpa Branch as a nominated “Safe Haven”

site will need to be investigated further. It is noted that the existing opening hours may not align

to the periods needed or be as effective during extreme weather events.


Should this project be supported and grant funding be successful, a range of consultation

activities will be undertaken with key stakeholders including emergency services and community

groups.

7.3.2 GROUP MANAGER COMMUNITY SERVICES - DEBATE

7.3.2.1

CONSIDERATION AND ADOPTION OF COMMITTEE RESOLUTIONS

B874

2017/28


MOVED Cr de Vries that Council, having reviewed the Minutes of the Barossa Regional

Gallery Committee meeting held 14 December 2016, adopt the resolutions contained

therein.

Seconded Cr Hurn CARRIED 2014-18/916

PURPOSE

The minutes of the Barossa Regional Gallery Committee meeting held 14 December 2016 are

presented for the consideration and adoption of Council.

REPORT

The consideration and adoption of recommendations of Council’s Section 41 committees

requires assessment by Council to ensure compliance with Council obligations under section

6(a) of the Local Government Act.


Attachment: Minutes of the Barossa Regional Gallery Committee meeting held 14

December 2016


Legislation


Community Plan


2.1 Initiate and support activities which encourage participation and

pride in the Barossa Council area

Corporate Plan


6.2 Ensure that Council’s policy and process frameworks are based

on principles of sound governance and meet legislative

requirements.


Identified within the body of the Minutes.


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

7.3.3 FINANCE - DEBATE

7.3.3.1

MONTHLY FINANCE REPORT (AS AT 31 DECEMBER 2016)

B411

MOVED Cr Milne that the Monthly Finance Report as at 31 December 2016 be received

and noted.


PURPOSE

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

Council, including notes on material financial trends and transactions.

COMMENT

2017/29


Discussion

The Monthly Finance Report (as at 31 December 2016) is attached. The report has been prepared

comparing actuals to the Original adopted 2016/17 Budget and incorporating the adopted

Revised Budget for September.


Attachment 1: Monthly Finance Report 31 December 2016

Policy

Budget & Business Plan and Review Policy


Corporate Plan




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.



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

mandated legislative standards and good practice principles.


Local Government (Financial Management) Regulations 2011 - Reg 9(1)(b)

LGA Information paper no. 25 – Monitoring Council Budget Performance


Financial

To enable Council to make effective and strategic financial decisions, a regular up to date high

level financial report is provided.


Community Consultation was part of the original budget adoption process in June 2016, as per

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

budget.

7.3.3.2

LONG TERM FINANCIAL PLAN 2017/18 to 2026/27 AND ANNUAL BUDGET & BUSINESS

PLANNING TIMETABLE 2017/18

B4968

MOVED Cr de Vries that Council endorses the proposed timetable for the annual

review, consideration and adoption of the Long Term Financial Plan 2017/18 to 2026/27

and the Annual Budget & Business Plan 2017/18.


PURPOSE

A business planning timetable is required to ensure Council meets key milestones for the annual

review and adoption of the Long Term Financial Plan (LTFP) 2017/18 to 2026/27 and the

consideration and adoption of the Annual Budget & Business Plan (AB&BP) 2017/18.

2017/30


REPORT

The Local Government Association has produced a number of information papers to assist

Councils to meet requirements of the Local Government Act 1999 and the Local Government

(Financial Management) Regulations 1999.

The proposed timetable for the annual review/update of the Long Term Financial Plan and the

consideration/adoption of the Annual Budget & Business Plan is outlined in the table below:

Who Activity From To

Council

Meeting

Endorse AB&BP and LTFP timetable 24/01/17

Finance/Elected

Members

New Initiatives and Capital Works to be

submitted via website link – email will be

sent to Elected Members with link.

24/01/17

Due date for

submissions 28/02/17

Council

Workshop

1st Review and discuss - EM’s to be given

the opportunity to put forward

suggestions for the budget; CMT to

present budget process, advisory groups’

budget(s), priorities and pressures;

consider adopted long term indexing &

assumptions

01/02/17

Who Activity From To

Audit

Committee

(AC)

AB&BP and LTFP review

To review proposed indexing and

assumptions

TBA - Feb 2017

Council

Workshop

2nd - General priorities and pressures –

Review & Discuss

Continue as/if required from the last

workshop

(at conclusion of normal Council

meeting)

21/02/17

Council Due date for submissions/New initiatives

from Elected Members

28/02/17

Advisory Groups Due date for Advisory Groups’ Budget

submissions

28/02/17

Council

Workshop

3rd - AB&BP and LTFP

Prepare Rates report including: Rating

Analysis other Councils and consider

other Council Rating Strategies to fund

New Initiatives

01/03/17

Council

Management &

Staff

During February to April budget

preparation including rating and

valuation modelling is undertaken

Feb 2017 April 2017

Council

Workshop

4th - AB&BP and LTFP

Summary - Operating Budgets, review

New Initiatives and Capital Works

submissions, Rating & Valuation review

TBA – late March or

early April

Audit

Committee

AB&BP and LTFP review and endorse for

consultation

TBA - May 2017

Council

Meeting

Endorse Nuriootpa Centennial Park

Authority Budget

Endorse draft AB&BP and LTFP for public

consultation

16/05/17

Public Notices in local papers and

Council internet provision for web

submissions

24/05/17

Public Submissions period 24/05/17 14/06/17

2017/31


AB&BP and LTFP

Council

Meeting

AB&BP and LTFP

Consideration of public submissions

20/06/17

Special Council

Meeting

Adopt AB&BP and LTFP, Valuation and

Rating

28/06/17


Policy

Budget & Business Plan and Review Policy


Corporate Plan




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.



6.16 Provide contemporary internal administrative and business support services in

accordance with mandated legislative standards and good practice principles.


Local Government Act 1999 Section 123



Financial

The Budget Timetable is an integral part of financial planning to ensure an organised and

thorough process is undertaken.


Included as part of the draft 2017/18 Budget &Business Plan consultation and adoption process.

7.4.1 DIRECTOR WORKS AND ENGINEERING SERVICES - DEBATE

7.4.1.1

REQUEST FOR PURCHASE UNMADE PUBLIC ROAD RESERVE UNDER THE ROADS (OPENING &

CLOSING) ACT 1991

B5424 16/83893

MOVED Cr Miller that:

(1) Council agrees in principle to the sale of the section of portion of public road

reserve adjacent to 22 Meshach Burge Terrace, Lyndoch.

(2) The applicant at its cost, engage a licensed surveyor to prepare all plans and

documentation as required under the Road (Opening and Closing) Act 1991.

(3) The unmade road reserve when closed to be merged with the applicant’s

property.

2017/32


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

and Closing) Act 1991.

(5) The sale of the unmade road reserve to the applicant be at a cost as

determined by a valuer, with the applicant responsible for all associated costs

incurred by Council.

(6) The Mayor and Chief Executive Officer be authorised to sign all associated

transfer documents.

Seconded Cr Lange CARRIED 2014-18/919

PURPOSE

An application has been received from Wayne and Pauline Jenkins for the purchase of a

portion of public road reserve adjacent to 22 Meshach Burge Terrace, Lyndoch. Refer attached

letter (TRIM 16/83893)

REPORT

Introduction

The purpose of the proposal is to realign the allotment boundary corner to create a more

rectilinear shape for the land owner to construct a boundary fence and gate at the end of their

driveway at a more aesthetic angle.

Discussion

The related allotment faces Meshach Burge Terrace at the front and a drainage reserve at the

side. The existing sweeping corner cut-off arrangement appears to be a result of a previous

much older land division where the road alignment extension never eventuated through what

has become a drainage reserve.

The width of existing road reserve and drainage reserve at the proposed location is reasonably

expansive and the proposal will not diminish the amenity or function of both. No Council

infrastructure is located within the area of land proposed for sale.

A separate land division planning application will need to be pursued by the landowner to

finalise the boundary realignment process.


Council staff has determined that the portion of land in question can be closed without limiting

future access or serviceability of the area and recommend that the necessary consultation and

investigation work be pursued to allow this to occur.


Attachment 1 - Letter from Pauline and Wayne Jenkins (16/83893)

Attachment 2 - Locality and proposed closure Plan


Community Plan


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.


2017/33


Roads (Opening and Closing) Act 1991


All associated costs are to be funded by the applicant.

Any funds realised by the sale of the land is not indicated as income in the current budget.


Community Consultation will be undertaken on behalf of the applicant at their cost through the

engagement of a licensed surveyor.

7.4.1.2

PROPOSED ROAD CLOSURE – BAROSSA TRIATHLON – “2017 COME AND TRI” EVENTS

B4295

Author: Manager Operations

MOVED Cr Hurn that

(1) the Commissioner of Police be advised that The Barossa Council endorses the

closure of the following roads on Friday 10 February 2017, Friday 24 February 2017

and Friday 3 March 2017:

Memorial Avenue, Nuriootpa between Park Avenue and Lae Road, and

Kokoda Road between Memorial Avenue and Penrice Road

from 5.30pm up to 9.00 pm, and

(2) the following speed restrictions be implemented on Friday 10 February 2017, Friday

24 February 2017 and Friday 3 March 2017:

25 km/h zone on Penrice Road between Buna Terrace and Park Terrace,

25 km/h zone on Research Road between Ray Beckwith Boulevard and

300 metres south of Penrice Road,

from 5.30pm up to 9.00pm

to stage the 2017 Barossa Triathlon “Come and Tri” events.


PURPOSE

Trikings Triathlon Club – Barossa Triathlon has made application to Council requesting road

closures for the 2017 Barossa Triathlon Come and Tri events planned for three Friday evenings in

February and March.

REPORT

Background

Three 'Come and Tri' events were held at the Nuriootpa War Memorial Pool in 2016 to encourage

the community to participate in the sport of Triathlon, and as a means to determine if there is

sufficient community support to sustain the formation of a Barossa Triathlon Club.

The suggestion to stage the 2016 event came from the 2015 community survey regarding

community attitudes to usage at the Nuriootpa War Memorial Pool and the request for new

ideas to increase visitation.

Introduction

During February and March 2016 three “Come and Tri” events were held at the Nuriootpa War

Memorial Pool and were very well supported with an average attendance at each event of 83

participants.

These participation rates surpassed expectations and brought patronage to the pool and new

participants to the sport of triathlon.

2017/34


Organisers considered the public support sufficient to run the event again in 2017.


Council has previously supported this event by organising and implementing the road closure.


Nil


Community Plan

2. Community and Culture

4. Health and Wellbeing


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



Road Traffic Act 1961


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.


The community will be advised of the proposal by public advertisements to be placed in The

Herald and Leader and also via placement of the SAPOL notice on Council’s website.

7.4.1.3

PROPOSED ROAD CLOSURE – 2017 BAROSSA VINTAGE FESTIVAL – ZIEGENMARKT

B4295


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

Council endorses the closure of the following roads on Thursday 20 April 2017:

Maria Street from Julius Street to Young Street and

John Street from William Street to Albert Street

from 6.30am up to 12 noon

to stage the 2017 Ziegenmarkt as part of the 2017 Barossa Vintage Festival.


2017/35


PURPOSE

A request has been received from the organisers of the Ziegenmarkt for the temporary closure of

“Goat Square, Tanunda” and several surrounding streets in Tanunda, for the staging of

Ziegenmarkt, an official event of the 2017 Barossa Vintage Festival.

REPORT

Background

The 2017 Barossa Vintage Festival Program describes the event held in Goat Square Tanunda as

“A quintessential Barossa event featuring Barossa Wine and food, a live auction and plenty of

family friendly entertainment”.

Introduction

Literally meaning “goat market”, the Ziegenmarkt first appeared in Tanunda during the mid-

1800’s. Organisers of the 2017 event promise participants a bustling live market and an

opportunity to bid on fresh produce, buy livestock, taste the local fare and embrace the sights,

sounds, tastes and experiences of a bygone era.

Programmed to be held on Thursday 20 April 2017 this is a free event scheduled to run between

8.00am and 11.00am.



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

Parking restrictions will also be implemented along one side of each of the surrounding streets,

being Maria Street, John Street, Julius Street, Young Street and William Street to allow smooth

passage of vehicles utilising the detours.

The road closure and parking restrictions are deemed necessary as a risk mitigation strategy to

maintain the safety of participants and the general public.


Nil


Community Plan





Council area.








Financial and Resources - The in-kind cost and implementation of this road closure will be funded via Council’s Road

Closure - Support budget.

2017/36


Risk management –





Herald and Leader and also via placement of the SAPOL notice on Council’s website.

7.4.1.4

PROPOSED ROAD CLOSURE – 2017 BAROSSA AIR SHOW

B4295


MOVED Cr Milne that the Commissioner of Police be advised that The Barossa Council

endorses Koch Road, Rowland Flat between Barossa Valley Way and Nitschke Road be

closed for west bound traffic between 8.00am and 5.00pm on Sunday 2 April 2017, for

the 2017 Barossa Air Show.


PURPOSE

A request has been received from the St Jakobi Lutheran School Air Show Committee for the

closure of Koch Road, Rowland Flat for west bound traffic from Barossa Valley Way to Nitschke

Road between 8.00am and 5.00pm on Sunday 2 April 2017, for the Barossa Air Show.

REPORT

Background

The Barossa Airshow first took to the skies in 1998 and is the only one in the world to be run by a

school. It has gone on to become a nationally recognised event on the day there will be aerial

entertainment, stalls, affordable food and drink, static displays and family entertainment.

Introduction

The committee has requested the closure of Koch Road to improve pedestrian and traffic safety

along Koch Road and the adjacent Barossa Valley Way. They have requested that Koch Road

be only accessible during these hours for east bound vehicular traffic, enabling vehicles to be

parked on an adjacent property.



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

The following traffic management controls will also be implemented: no vehicles be permitted to park along Koch Road between Barossa Valley Way and the

Koch Road railway crossing, and

the speed limit on Barossa Valley Way be lowered to 60km/h between 8.00am and

5.00pm, 600m either side of Koch Road.

The road closure and parking restrictions are deemed necessary as a risk mitigation strategy to

maintain the safety of participants and the general public.


Nil.


Community Plan


2017/37





Council area.








Financial and Resources - The in-kind cost and implementation of this road closure will be funded via Council’s Road

Closure - Support budget.

Risk management –





Herald and Leader and also via placement of the SAPOL notice on Council’s website. Event

notification is the responsibility of the event organiser.

7.5.1 DIRECTOR DEVELOPMENT AND ENVIRONMENTAL SERVICES - DEBATE

7.5.1.1

CONSIDERATION AND ADOPTION OF COMMITTEE RESOLUTIONS

B4332

MOVED Cr de Vries that Council receive the Notes of the Disability Access Review

Committee Meeting held 12 December 2016.


PURPOSE

The Minutes of Council Section 41 Committees are presented for consideration and adoption of

Council.

REPORT

The consideration and adoption of recommendations of Council Committees to Council

requires assessment by Council to ensure compliance with Council obligations under section

6(a) of the Local Government Act. The relevant Minutes received in the past month are hereby

presented for Council adoption.


Attachment 1: Notes of the Disability Access Review Committee Meeting held 12 December

2016


Community Plan

2017/38



Corporate Plan


1.1 Collaborate with relevant authorities to ensure a regional and holistic approach in the

management of natural resources.

1.2 Support native eco systems that support native flora and fauna.

1.3 Ensure environmental and agricultural sustainability and historic significance of the region

is retained.


Local Government Act and Regulations

Development Act and Regulations


Identified within the body of the Minutes, and is included within the 2016-17 Budget.


Not required by Council.

7.5.1.2 GAWLER RIVER FLOODPLAIN MANAGEMENT AUTHORITY – TECHNICAL ASSESSMENT PANEL

B4324

Author: Director, Development and Environmental Services

MOVED Cr de Vries that Council:

(1) Endorse the Terms of Reference for the Technical Assessment Panel as provided

by the Board of the Gawler River Floodplain Management Authority, and

authorise the Chief Executive Officer to respond with the suggestion that the

Executive Officer be a non-voting member and that an additional Constituent

Council representative be added.

(2) Nominate Mr Matt Elding, Director Works and Engineering Services to be

considered by the Board of the Gawler River Floodplain Management Authority

for appointment as a Constituent Council representative of the Technical

Assessment Panel.


PURPOSE

To seek Council endorsement of the Terms of Reference for the GRFMA Technical Assessment

Panel (TAP), and seek invitation from Council to nominate appropriately qualified persons for

consideration for appointment for the Panel.

REPORT

Background

David Hitchcock, the newly appointed Executive Officer of the Gawler River Floodplain

Management Authority (GRFMA) has written to the Chief Executive Officer in regard to the

Membership and Terms of Reference of the GRFMA Technical Assessment Panel (TAP).

The Technical Assessment Panel has been previously appointed to support the decision-making

processes of the GRFMA with delegated powers to provide advice and manage the technical

aspects of the design, assessment and construction of the various parts of the Scheme.

2017/39


Introduction

At its meeting on 8 December 2016, the Board considered correspondence from the City of

Playford nominating Braden Austin to fill the current vacancy on the TAP. It was resolved that all

Constituent Councils be afforded the opportunity to nominate a suitably qualified person to fill

the current vacancy.

Additionally, the meeting authorised attendance of an observer from the Lower Gawler River

Reference Group to attend TAP meetings for the period of time that the Lower Gawler River

Options are being considered. This reference group had been established post the September

flood event to address flooding in the lower reaches of the Gawler River.

Discussion

Terms of Reference:

Pursuant to Clause 8.2.8 of the Board’s Charter, the Board has the power to establish

Committees. The Terms of Reference (TOR) for the TAP are not complex and provide a high

degree of flexibility for the Panel to address matters referred to it for consideration.

Given the interest from other parties to participate in the TAP, an opportunity to review the TOR

has been undertaken. Accordingly, the Terms of Reference for the TAP has been amended and

now circulated for comment (Attachment 1).

The Terms of Reference dictated the Panel will be appointed by the GRFMA and will comprise six

members consisting of:

• 2 GRFMA representatives (being Independent Chair and Executive Officer)

• 1 Constituent Council representative (appointed by the GRFMA)

• 1 DPTI representative, Stormwater Engineer

• 1 DEWNR representative, Flood Hazard

• 1 SA Water representative, Engineer Dams

The previous Executive Officer (Dean Gollan) had raised with the Board the value of having the

Executive Officer as a formal member of the TAP, suggesting that the Executive Officer attend

meetings, but with no voting capacity. It is considered that this would be a good approach, and

would allow for two Constituent Council representatives, making the representation as follows:

• 1 GRFMA representatives (being Independent Chair)

• 2 Constituent Council representative (appointed by the GRFMA)

• 1 DPTI representative, Stormwater Engineer

• 1 DEWNR representative, Flood Hazard

• 1 SA Water representative, Engineer Dams

To address the interest from other parties, amendment to the TOR for the GRFMA to call in

additional skills and knowledge to the TAP is supported, as at times the need for specific or

localised knowledge will greatly assist in the assessment undertaken by the TAP.

All other aspects of the TOR are considered appropriate for the nature of the activity

undertaken by the TAP.

Membership:

The current Panel Members include:

• Ian Baldwin (Chairman)

• David Hitchcock (Executive Officer)

• Chrissie Bloss (DEWNR)

• Derek Moore (SA Water)

• Bill Lipp (DPTI)

No replacement has been appointed following the resignation of previous Panel Member, Harry

Pitrans (Playford Council).

As stated above, while the City of Playford has put forth a nomination, the Board resolved that

all Constituent Councils be afforded the opportunity to nominate suitably qualified person to fill

the current vacancy. This can either be an elected member or a council officer.

2017/40



The Board of the Gawler River Floodplain Management Authority seek endorsement by the

Constituent Council of the amended Terms of Reference for the Technical Assessment Panel,

and seek invitation from Council to nominate appropriately qualified persons for consideration

for appointment of a Council representative for the Panel.


Attachment 1 – Technical Assessment Panel Terms of Reference


Community Plan


Infrastructure


Corporate Plan

6.17 Advocate for The Barossa Council and its community, our region or local government in

South Australia through direct action, representation on or collaboration with local, regional or

State bodies.




Financial

Nil

Resources

Nil

Risk Management

Nil


Nil

8. CONFIDENTIAL AGENDA

8.1 GROUP MANAGER CORPORATE SERVICES - CONFIDENTIAL -10.01 AM

8.1.1

CONSIDERATION AND ADOPTION OF RESOLUTIONS OF THE AUDIT COMMITTEE

CONFIDENTIAL MEETING HELD 20 DECEMBER 2016 IN RELATION TO THE SERVICE REVIEW

PROJECT – PRESENTATION OF STAGE 1 DRAFT REPORT The matter of the agenda item relating to a Report on the commercial in confidence

draft report for Stage 1 of the Service Review Project and pursuant to Section 90(3) (d)

of the Local Government Act 1999 (“the Act”) being commercial information of a

confidential nature (not being a trade secret) the disclosure of which— (i) could

reasonably be expected to prejudice the commercial position of the person who

supplied the information, or to confer a commercial advantage on a third party; and

(ii) would, on balance, be contrary to the public interest; and being information that

must be considered in confidence in order to ensure that the Audit Committee does

2017/41


not disclose commercially sensitive information while the Service Review Report is still in

draft format and subject to further development and consideration.

There is strong public interest in enabling members of the public to observe Council’s

transparent and informed decision-making. This helps to ensure accountability,

maintain transparency of public expenditure, facilitate public participation, assist public

awareness and allow for the scrutiny of information. Attendance at a Council meeting

is one means of satisfying this interest. The public will only be excluded from a Council

meeting when the need for confidentiality pursuant to Section 90(2) of the Act

outweighs the public interest of open decision-making.

In this matter, the reason that receipt, consideration or discussion of the information or

matter in a meeting open to the public would be contrary to the public interest is that it

relates to draft information in a format that relies on the commercial in confidence

methodology and intellectual property of the consultant engaged to conduct the

Service Review.

On balance, the above reason which supports the need for confidentiality pursuant to

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

decision-making.

MOVED Cr Miller that Council:

(1) Under the provisions of Section 90(2) of the Local Government Act 1999, make

an order that the public be excluded from the meeting with the exception of

the Acting Chief Executive Officer, Community Project Director, Group Manager

Corporate Services, Group Manager Community Services, Acting Director

Development and Environmental Services, Director Works and Engineering,

Communications Officer and the Minute Secretary, in order to consider in

confidence, the Minutes of the Confidential Audit Committee meeting held 20

December 2016, relating to the Service Review Project Presentation of Stage 1

Draft Report and in accordance with Section 90(3) (d) of the Local Government

Act 1999 (“the Act”) being commercial information of a confidential nature (not

being a trade secret) the disclosure of which— (i) could reasonably be expected

to prejudice the commercial position of the person who supplied the

information, or to confer a commercial advantage on a third party; and (ii)

would, on balance, be contrary to the public interest;

(2) Accordingly, on this basis, Council is satisfied that public interest in conducting

meetings in a place open to the public has been outweighed by the need to

keep the information and discussion confidential to comply with the Audit

Committee and Council’s obligation not to release information relating to the

draft report information in a format that relies on the commercial in confidence

methodology and intellectual property of the consultant (LKS Quaero Pty Ltd)

engaged to conduct the Service Review. Seconded Cr Milne CARRIED 2014-18/925

RESUMPTION OF OPEN COUNCIL MEETING – 10.04AM

The open meeting of Council resumed at 10.04am

In the matter 8.1.1 Consideration and Adoption of Resolutions of the Audit Committee

Confidential Meeting Held 20 December 2016 in Relation to the Service Review Project

– Presentation Of Stage 1 Draft Report:


(1) Having reviewed the Minutes of the Confidential Audit Committee meeting held

20 December 2016 at 11.38am adopt the Resolution/s contained therein.

2017/42


(2) Having considered this matter in confidence under Section 90(2) and 90(3)(d) of

the Local Government Act 1999, makes an order pursuant to Section 91(7), that the

Minutes in relation to confidential item 8.1.1, Consideration and Adoption of

Resolutions of the Audit Committee Meeting held 20 December 2016 in relation to

the Service Review Project – Presentation of Stage 1 Draft Report, be kept

confidential and not available for public inspection until the end of the meeting.

(3) Having considered this matter in confidence under Section 90(2) and 90(3)(d) of

the Local Government Act 1999, makes an order pursuant to Section 91(7), that the

agenda report and associated documents in relation to confidential item 8.1.1,

Consideration and Adoption of Resolutions of the Audit Committee Meeting held

20 December 2016 in relation to the Service Review Project – Presentation of Stage

1 Draft Report, be kept confidential and not available for public inspection other

than information required to be released in accordance with any relevant

requirements of Section 91(8) of the Local Government Act 1999; and

(4) In accordance with (3) above and Section 91(9)(c) of the Local Government Act

1999, authorises the Chief Executive Officer to review and revoke the order.

Seconded Cr Miller CARRIED CO2014/18-46

8.2 MANAGER COMMUNITY & FACILITIES DEVELOPMENT- CONFIDENTIAL - 10.04AM

8.2.1

MEMORIAL PLAQUE REQUEST – WILLIAMSTOWN ROAD, WILLIAMSTOWN

The matter of the agenda item being a request to install a roadside memorial plaque at

a location on Williamstown Road, Williamstown, which includes sensitive personal

circumstances, and pursuant to Section 90(3)(a) of the Local Government Act 1999

(“the Act”), being information the disclosure of which would involve the unreasonable

disclosure of information concerning the personal affairs of any person (living or dead).

There is strong public interest in enabling members of the public to observe Council’s

transparent and informed decision-making. This helps to ensure accountability,

maintain transparency of public expenditure, facilitate public participation, assist public

awareness and allow for the scrutiny of information. Attendance at a Council meeting

is one means of satisfying this interest. The public will only be excluded from a Council

meeting when the need for confidentiality pursuant to Section 90(2) of the Act

outweighs the public interest of open decision-making.

In this matter, the reason that receipt, consideration or discussion of the information or

matter in a meeting open to the public would be contrary to the public interest is that

the disclosure of private information of an individual would be unfair or harmful.



decision making.


(1) Under the provisions of Section 90(2) of the Local Government Act 1999, make

an order that the public be excluded from the meeting with the exception of

the Acting Chief Executive Officer, Group Manager Corporate Services, Group

Manager Community Services, Acting Director Development and Environmental

Services, Director Works and Engineering, Manager Community and Facilities

Development, Communications Officer and the Minute Secretary, in order to

consider in confidence, a report relating to Section 90(3) (a) of the Local

Government Act 1999 being information the disclosure of which would involve

2017/43


the unreasonable disclosure of information concerning the personal affairs of

any person (living or dead);



keep the information and discussion confidential to prevent the unreasonable

disclosure of information concerning the personal affairs of an individual and/or

individuals.


RESUMPTION OF OPEN COUNCIL MEETING – 10.19AM The open meeting of Council resumed at 10.19am.

In the matter 8.2.1 – Memorial Plaque Request – Williamstown Road, Williamstown:

MOVED Cr Lange that Council

(1) Confidential resolution


(3) Having considered this matter in confidence under Section 90(2) and 90(3)(a) of

the Local Government Act 1999, makes an order pursuant to Section 91(7), that

the agenda report, associated documents and minutes, other than the minutes

relating to this confidentiality order of the Confidential Council Meeting held on

24 January 2017 in relation to confidential item 8.2.1, Memorial Plaque Request –

Williamstown Road, Williamstown, be kept confidential and not available for

public inspection other than information required to be released in accordance

with any relevant requirements of Section 91(8) of the Local Government Act

1999; and

(4) In accordance with (3) above and Section 91(9)(c) of the Local Government

Act 1999, authorises the Chief Executive Officer to review and revoke the order.


8.3 DIRECTOR DEVELOPMENT AND ENVIRONMENTAL SERVICES – CONFIDENTIAL –10.19AM

8.3.1

GAWLER RIVER 2016 FLOOD REVIEW: PRELIMINARY REPORT – FIRST DRAFT DECEMBER 2016

This report relates to the first draft of a Preliminary Report on the 2016 flooding of the

Gawler River that contains three key recommendations based on Condition and

Maintenance of the River and Mitigation Works that may impact private land owners

within the lower catchment. Pursuant to Section 90(3)(g) of the Local Government Act

1999 (“the Act”) being matters that must be considered in confidence in order to

ensure that the council does not breach any law, order or direction of a court or

tribunal constituted by law, any duty of confidence, or other legal obligation or duty.

Accordingly it is recommended that the report remains confidential until as such time

that the Authority’s Board makes a decision to release the report, based on feedback

from all Constituent Councils.



decision making.

MOVED Cr Grossman that Council:

(1) Under the provisions of Section 90(2) of the Local Government Act 1999 an order

be made that the public be excluded from the meeting, with the exception of

the Acting Chief Executive Officer, Acting Director Development and

2017/44


Environmental Services, Director Works and Engineering, Group Manager

Corporate Services, Acting Group Manager Community Services and the Minute

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

of the Local Government Act 1999 relating to 8.3.1 Gawler River 2016 Flood

Review:

Preliminary Report - First Draft December 2016 being matters that must be

considered in confidence in order to ensure that the council does not breach

any law, order or direction of a court or tribunal constituted by law, any duty of

confidence, or other legal obligation or duty; and



keep the information and discussion confidential until as such time that the

Board makes a decision to release the report, based on feedback from all

Constituent Councils.



The open meeting of Council resumed at 10.29am.

In the matter 8.3.1 - Gawler River 2016 Flood Review: Preliminary Report – First

Draft December 2016:

MOVED Cr de Vries that Council


(2) Having considered this matter in confidence under Section 90(2) and (3) (g) of

the Local Government Act 1999 makes an order pursuant to Section 91(7) of the

Act that the minutes and report of the Confidential Council Meeting held on 24

January 2017 in relation to Confidential Item 8.3.1 – Gawler River 2016 Flood

Review: Preliminary Report – First Draft Dated 15 December 2016, other than the

minutes relating to this confidentiality order, be kept confidential and not

available for public inspection for a period not greater than 12 months and that

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

order once the Board of the Gawler River Flood Management Authority

authorises the public release of the final report.

Seconded Cr Seager CARRIED CO2014/18-48

8.4 ACTING CHIEF EXECUTIVE OFFICER- CONFIDENTIAL– 10.29AM

8.4.1

CHARACTER PRESERVATION ACTIVATION – POLICY AND PLANNING DESIGN PROJECT

The matter and support documents of the agenda item contains information presented

by the Wine Food Tourism and Arts Cluster (WFTAC) and Regional Development

Australia - Barossa in support of a new initiative for the region, including options for

funding. Pursuant to Section 90(3)(d) of the Local Government Act 1999 (“the Act”)

being commercial information of a confidential nature (not being a trade secret) the

disclosure of which— (i) could reasonably be expected to prejudice the commercial

position of the person who supplied the information, or to confer a commercial

advantage on a third party; and (ii) would, on balance, be contrary to the public

interest being information that must be considered in confidence in order to ensure that

the Council does not disclose information that would prejudice any potential future

funding of the initiative.

2017/45


In this matter, the reasons that receipt, consideration or discussion of the information or

matter in a meeting open to the public would be contrary to the public interest is that

the disclosure would give an unfair advantage to a person with whom Council

proposes to do business and the disclosure of commercial sensitive information is not

warranted.



decision making.

MOVED Cr Boothby that Council:

(1) Under the provisions of Section 90(2) of the Local Government Act 1999 an order

be made that the public be excluded from the meeting, with the exception of

the Acting Chief Executive Officer, Acting Director Development and

Environmental Services, Director Works and Engineering, Group Manager

Corporate Services, Acting Group Manager Community Services and the Minute

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

of the Local Government Act 1999 relating to 8.4.1 Character Preservation

Activation – Policy and Planning Design Project being commercial information of

a confidential nature (not being a trade secret) the disclosure of which could

reasonably be expected to prejudice the commercial position of the person

who supplied the information, or to confer a commercial advantage on a third

party and (ii) would on balance, be contrary to the public interest); and



keep the information and discussion confidential to prevent an unfair advantage

to a person with whom Council proposes to do business.



The open meeting of Council resumed at 10.31am.

In the matter 8.4.1 – Character Preservation Activation – Policy and Planning Design

Project:

MOVED Cr Angas that Council:



(3) having considered this matter in confidence under Section 90(2) and (3) (d) of

the Local Government Act 1999 makes an order pursuant to Section 91(7) of the

Act that the agenda, report, attachments and minutes relating to confidential

item 8.4.1 titled Character Preservation Activation – Policy and Planning Design

Project other than the minutes relating to this confidentiality order be kept

confidential and not available for public inspection for a period not greater than

12 months and that the Chief Executive Officer be delegated the power to

review and revoke this order.

Seconded Cr Boothby CARRIED CO2014/18-49

9. REPRESENTATIVES ON COUNCIL COMMITTEES - REPORTS

Nil

2017/46


10. OTHER BUSINESS

10.1

TOUR DOWN UNDER 2017

MOVED Cr Lange That Council provide funds towards a barbecue to thank volunteers

from the Southern Barossa Alliance for their commitment to assisting Council with co-

hosting the 2017 Tour Down Under event and to congratulate Lyndoch and

Williamstown for the Best Dressed Town awards.


11. NEXT MEETING

Tuesday 21 February 2017 at 9.00am

12. CLOSURE OF MEETING

Mayor Sloane declared the meeting closed at 10.42am.

Confirmed at Council Meeting – Tuesday 21 February 2017

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

2017/1

The Barossa Council CONFIDENTIAL Minutes of Council Meeting held on 24 January 2017

CONFIDENTIAL

CONFIDENTIAL MINUTES

OF THE MEETING OF THE BAROSSA COUNCIL

held pursuant to the provisions of Section 90(2) of the Local Government

Act 1999 and held on

Tuesday 24 January 2017 commencing at 10.01am

MEMBERS PRESENT

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

Mark Grossman, John Angas, Margaret Harris, Michael Seager, Richard Miller,

Tony Hurn and Leonie Boothby

OFFICERS PRESENT

Mr Gary Mavrinac, Acting Chief Executive Officer, Mr Matt Elding, Director

Works and Engineering, Mr Louis Monteduro, Acting Director Development and

Environmental Services, Mr Vincent Marsland, Group Manager Community

Services, Mr Mark Lague, Group Manager Corporate Services and Ms Lorraine

Walsh, Executive Assistant

LEAVE OF ABSENCE

Nil

APOLOGIES


8.1 GROUP MANAGER CORPORATE SERVICES - CONFIDENTIAL

8.1.1

CONSIDERATION AND ADOPTION OF RESOLUTIONS OF THE AUDIT COMMITTEE

CONFIDENTIAL MEETING HELD 20 DECEMBER 2016 IN RELATION TO THE SERVICE

REVIEW PROJECT – PRESENTATION OF STAGE 1 DRAFT REPORT

B4312

MOVED Cr Milne

That Council:

(1) Having reviewed the Minutes of the Confidential Audit Committee

meeting held 20 December 2016 at 11.38am adopt the Resolution/s

contained therein.

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

90(3)(d) of the Local Government Act 1999, makes an order pursuant to

Section 91(7), that the Minutes in relation to confidential item 8.1.1,

Consideration and Adoption of Resolutions of the Audit Committee

Meeting held 20 December 2016 in relation to the Service Review Project –

Presentation of Stage 1 Draft Report, be kept confidential and not

available for public inspection until the end of the meeting.


90(3)(d) of the Local Government Act 1999, makes an order pursuant to

Section 91(7), that the agenda report and associated documents in

OUT OF CONFIDENCE

2017/2


relation to confidential item 8.1.1, Consideration and Adoption of

Resolutions of the Audit Committee Meeting held 20 December 2016 in

relation to the Service Review Project – Presentation of Stage 1 Draft

Report, be kept confidential and not available for public inspection other

than information required to be released in accordance with any relevant

requirements of Section 91(8) of the Local Government Act 1999; and

(4) In accordance with (3) above and Section 91(9)(c) of the Local

Government Act 1999, authorises the Chief Executive Officer to review

and revoke the order.


CLOSURE OF CONFIDENTIAL MEETING

There being no further business the confidential meeting closed at 10.04am.

Confirmed at Council meeting Tuesday 21 February 2017

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

OUT OF CONFIDENCE

2017/3


CONFIDENTIAL






MEMBERS PRESENT




OFFICERS PRESENT




Services, Mr Mark Lague, Group Manager Corporate Services, Mrs Rebecca

Tappert, Manager Community and Facilities Development and Ms Lorraine


LEAVE OF ABSENCE

Nil

APOLOGIES


8.2 MANAGER COMMUNITY & FACILITIES DEVELOPMENT - CONFIDENTIAL

8.2.1 MEMORIAL PLAQUE REQUEST – WILLIAMSTOWN ROAD, WILLIAMSTOWN

MOVED Cr Lange that Council

(1) Requires Officers to respectfully advise the Nienaber Family that it does

not support the installation of the requested roadside memorial to be

placed adjacent to the property of 781 Williamstown Road, Williamstown

and advise alternative options of a white cross or roadside crash marker.

(2) That Officers present a draft Roadside Memorial Policy to a future

Council meeting.


90(3)(a) of the Local Government Act 1999, makes an order pursuant to

Section 91(7), that the agenda report, associated documents and

minutes, other than the minutes relating to this confidentiality order of the

Confidential Council Meeting held on 24 January 2017 in relation to

confidential item 8.2.1, Memorial Plaque Request – Williamstown Road,

Williamstown, be kept confidential and not available for public

inspection other than information required to be released in accordance

with any relevant requirements of Section 91(8) of the Local Government

Act 1999; and

OUT OF CONFIDENCE

2017/4


(4) In accordance with (3) above and Section 91(9)(c) of the Local

Government Act 1999, authorises the Chief Executive Officer to review

and revoke the order.





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

OUT OF CONFIDENCE

2017/5


CONFIDENTIAL






MEMBERS PRESENT




OFFICERS PRESENT






LEAVE OF ABSENCE

Nil

APOLOGIES


8.3 DEVELOPMENT AND ENVIRONMENTAL SERVICES - CONFIDENTIAL

8.3.1

GAWLER RIVER 2016 FLOOD REVIEW: PRELIMINARY REPORT - FIRST DRAFT DATED 15

DECEMBER 2016

B4324

Author: Director, Development and Environmental Services

MOVED Cr de Vries that Council authorise the Chief Executive Officer to write to

the Gawler River Floodplain Management Authority advising that;

(1) Council has received and noted the Gawler River 2016 Flood Review

Preliminary Report, and supports the Authority’s intent to expedite vital

negotiations with the Federal and State Governments regarding

potential funding for the flood mitigation works identified within the

report.

(2) Council requests that the Authority’s Board have the final report:

(a) provide a more rigorous and balanced debate for each

mitigation option before deciding on the way forward

(b) acknowledge that with the Northern Floodway option, there

may be unintentional consequences to redirecting naturally

formed watercourses and flood flow paths to other

alignments.

(3) Having considered this matter in confidence under Section 90(2) and (3)

(g) of the Local Government Act 1999 makes an order pursuant to

OUT OF CONFIDENCE

2017/6


Section 91(7) of the Act that the minutes and report of the Confidential

Council Meeting held on 24 January 2017 in relation to Confidential Item

8.3.1 – Gawler River 2016 Flood Review: Preliminary Report – First Draft

Dated 15 December 2016, other than the minutes relating to this

confidentiality order, be kept confidential and not available for public

inspection for a period not greater than 12 months and that the Chief

Executive Officer be delegated the power to review and revoke this

order once the Board of the Gawler River Flood Management Authority

authorises the public release of the final report.

Seconded Cr Seager CARRIED CO2014/18-48




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

OUT OF CONFIDENCE

2017/7


CONFIDENTIAL






MEMBERS PRESENT




OFFICERS PRESENT






LEAVE OF ABSENCE

Nil

APOLOGIES


8.4 ACTING CHIEF EXECUTIVE OFFICER - CONFIDENTIAL

8.4.1

CHARACTER PRESERVATION ACTIVATION – POLICY AND PLANNING DESIGN

PROJECT

B6026

MOVED Cr Angas that Council;

(1) Support the collaboration for the Character Preservation Activation initiative

as proposed by Wine Food Tourism and Arts Cluster in association with RDA

Barossa, The Barossa Council and Light Regional Council.

(2) Support the allocation of $25,000 as a co-contribution, as well as in kind

support (valuing $25,000), which will be factored into Council’s budgetary

process and Long Term Financial Plan should the other parties agree to their

co-contribution.

(3) Having considered this matter in confidence under Section 90(2) and (3) (d)

of the Local Government Act 1999 makes an order pursuant to Section 91(7)

of the Act that the agenda, report, attachments and minutes relating to

confidential item 8.4.1 titled Character Preservation Activation – Policy and

Planning Design Project other than the minutes relating to this confidentiality

order be kept confidential and not available for public inspection for a

period not greater than 12 months and that the Chief Executive Officer be

delegated the power to review and revoke this order.

Seconded Cr Boothby CARRIED CO2014/18-49

OUT OF CONFIDENCE

2017/8





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

OUT OF CONFIDENCE

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