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2017/474

The Barossa Council 17/80043 Minutes of Council Meeting held on Tuesday 17 October 2017

MINUTES OF THE MEETING OF THE BAROSSA COUNCIL

held on Tuesday 17 October 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 Mark Grossman, John Angas, Christopher Harms, Dave de Vries,

Michael (Bim) Lange, Leonie Boothby, Michael Seager, Margaret Harris, Richard Miller

and Tony Hurn

1.3 LEAVE OF ABSENCE

Cr Scotty Milne

1.4 APOLOGIES

Nil

1.5 MINUTES OF PREVIOUS COUNCIL MEETINGS

MOVED Cr Miller that the Minutes of the Council meeting held on Tuesday 19 September

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

proceedings of that meeting.

Seconded Cr Grossman CARRIED 2014-18/1193

MOVED Cr Lange that the Minutes of the Special Council meeting held on Wednesday 4

October 2017 at 5.30pm, as circulated, be confirmed as a true and correct record of the

proceedings of that meeting.

Seconded Cr Hurn CARRIED 2014-18/1194

1.6 MATTERS ARISING FROM PREVIOUS COUNCIL MEETING

Nil

1.7 NOTICE OF MOTION

Nil

1.8 QUESTIONS ON NOTICE

Nil

2. MAYOR

2017/475


2.1 MAYOR’S REPORT

A report on Mayor Sloane’s activities from 13 September to 10 October 2017 was included

with the agenda for this meeting.

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

Seconded Cr Harms CARRIED 2014-18/1195

3. COUNCILLOR REPORTS

Nil

4. CONSENSUS AGENDA

5. ADOPTION OF CONSENSUS AGENDA

5.1 ITEMS FOR EXCLUSION FROM THE CONSENSUS AGENDA

Nil

5.2 RECEIPT OF CONSENSUS AGENDA

MOVED Cr Miller that the information items contained in the Consensus Agenda be

received and that any recommendations contained therein be adopted.

Seconded Cr Harris CARRIED 2014-18/1196

5.1 DEBATE OF ITEMS EXCLUDED FROM THE CONSENSUS AGENDA

6. VISITORS TO THE MEETING/ADJOURNMENT OF MEETING

6.1 VISITORS TO THE MEETING

9.31am – Presentation of Youth Grant Certificates to Angus and Adam

Cozzitorto, William O’Brien, Gypsy-Rose Entriken, Courtney Duggan, Tiffany Koek

and Isabelle Schulz – Refer Minute 017/491

9.59am - Mr Ivar Stanelis – Lightforce Rally SA - Refer Minute Page 2017/509

10.02am - Mr Peter Brass – Chair, The Barossa Council Audit Committee – Annual

Report (verbal) - Refer Minute Page 2017/509

6.2 ADJOURNMENT OF COUNCIL MEETING

9.47am – Refer Minute Page 2017/509

7. DEBATE AGENDA

7.1. MAYOR DEBATE

7.1.1.1

CODE OF CONDUCT COMPLAINT OUTCOME – CR MICHAEL SEAGER

B2418

Pursuant to S73 of the Local Government Act Cr Seager stated he doesn’t feel he has a

conflict of interest in this matter but in any case declared a material conflict of interest

and left the meeting at 9.03am.

MOVED Cr Lange that Council having reviewed the independent Local Government

Governance Panel initial assessment of the complaint against Councillor Seager accept

the provisional conclusion and take no further action.


2017/476


PURPOSE

To report to Council the outcome of a code of conduct complaint against Cr Michael Seager.

REPORT

Background

In May 2017 I received a code of conduct complaint from a member of the public against Cr

Seager. In accordance with Council process I reported that to Council

Introduction

The matter of the complaint has been managed in accordance with Council process and has

now been finalised to the point that a report in compliance with clause 4.4.2 of the Complaint

Handling Process Under the Code of Conduct for Council Members (the process) can be made.

Discussion

The matter has been managed in accordance with the process. After discussions with the

complainant it was clear that a mediated outcome was not possible, given the matter was not

frivolous or vexatious and is an alleged part 2 behavioural breach I referred it to the Local

Government Governance Panel (the Panel) as required, the Panel’s report is attached and

recommends no further action. I met with the Panel chair to discuss the matter and it was

determined to ensure that the principles of natural justice where applied and all parties were

provided an opportunity to meet with me and parties were offered an opportunity to provide

additional information.

No further substantial information was provided.

The Panel determination therefore stands, that the matter does not warrant further investigation.

I have further informed both parties on 7 August 2017 of this outcome and provided time for any

further engagement or information and have received none. I have reiterated with the member,

in writing, his responsibilities.

Summary

In accordance with Council process the matter has reached a point of decision for Council and

it has three options available:

1. Accept the provisional conclusion and take no further action; or

2. Request that the Panel, or another appropriate body, proceed to a full investigation; or

3. Seek further information.

Based on the independent Panel assessment I believe there is little more to be gained in taking

any further action and as stated I have taken the opportunity to remind the member of his

responsibilities as a member.

ATTACHMENTS OR OTHER SUPPORTING REFERENCES

Initial Assessment of the Independent Local Government Governance Panel

COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS

Community Plan

How We Work – Good Governance

Legislative Requirements

Local Government Act

Code of Conduct for Council Members

Complaint Handling Process Under the Code of Conduct for Council Member

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

$395 is the fee for the initial assessment and this will be funded from budgeted funds.

COMMUNITY CONSULTATION

No community consultation is required.

Cr Seager returned to the meeting at 9.04am.

2017/477


7.2.1 CHIEF EXECUTIVE OFFICER - DEBATE

7.2.1.1

UPDATES TO INTERNAL REVIEW OF COUNCIL DECISIONS POLICY AND PROCESS

B1485

Author: Governance Advisor

MOVED Cr Harris

(1) That Council receives, considers and approves the updated Internal Review of

Council Decision Policy.

(2) That Council receives, considers and approves the updated Internal Review of

Council Decision Process.

Seconded Cr de Vries CARRIED 2014-18/1198

PURPOSE

Council is asked to receive, consider and approve the updated Internal Review of Council

Decision Policy and Process.

REPORT

Background

Section 270(1) of the Local Government Act 1999 states that a council must establish procedures

for the review of decisions of the council, employees of the council and other persons acting on

behalf of council.

The Barossa Council’s Internal Review of Council Decision Policy and Process were last updated

on 21 October 2015.

Both the Local Government Association and the Ombudsman SA have recently provided

updated model processes which content has been used to significantly change the language in

Council’s existing Policy and Process. The updated Policy is provided at attachment 1 and the

updated Process at attachment 2.

Introduction

Following a 2016 Ombudsman SA’s audit of twelve councils and their compliance with section

270(1) processes for internal review of a council decision, seven recommendations were published

by the Ombudsman for all 68 councils to consider by way of improving their internal review

processes and to which they could provide feedback by 31 March 2017. The sector’s feedback

would then assist the Ombudsman develop a revised model process, which he released in June

2017.

The overarching audit report and seven recommendations are provided for Elected Member

information at attachment 3 and are summarised in the Discussion section below.

Discussion

Officers recommended that Ombudsman recommendations numbers 1 and 3 be incorporated

into The Barossa Council policy, process and practice by way of continuous improvement (noting

that Council policy and process were already compliant with number 2) and recommendations

4 – 7 not be incorporated for the reasons identified:

Recommendation 1: Availability of internal review policy and process to the public – all councils

should highlight a direct link on their website page to a plain English description of the process

available for making an application for internal review of a council decision.

This recommendation has been updated in Council practice.

Recommendation 2: Must be compliant with Local Government Act particularly with respect to

promptly addressing complaints that relate to the impact that any declaration of rates or

services charges may have had on ratepayers.

No further action required as The Barossa Council was already compliant.

2017/478


Recommendation 3: Time limits on applications for review – as the Act is silent on the issue and

can cause intensive use of resources particularly if council has to reconsider a very old matter,

the Ombudsman has recommended that all councils include a reference to a six month time

limit for accepting internal review of council decision applications, with consideration given to

the exercise of discretion to allow a longer time to apply in particular cases.

This recommendation has been updated in The Barossa Council draft documents.

Recommendation 4: Decisions to which the internal review process can and cannot apply – the

Ombudsman has recommended that processes must explicitly state that matters which fall

outside legislative appeals processes might be eligible for a review under the section 270

process on the merits of the individual application.

This recommendation has not been updated in our draft documents. The statement is at

odds with the LGA’s legal advice which states that “this formulation is too broad and

could lead a council into legal error. For example, the granting of an application for

development approval under Category 2 provides no statutory right of appeal under the

Development Act. Should a council be minded to carry out a review of the grant of

approval under section 270 of the Local Government Act, such a review could not have

any effect on the original decision. This is because the applicant, once having obtained

the approval, is entitled to rely on that approval. Any review of the decision to grant the

approval could not be overturned by a review under section 270”.

Recommendation 5: Independent conduct of an internal review of a decision – where there is a

conflict of interest with available reviewers within Council, the Ombudsman has recommended

that the matter be referred to a regional panel to manage.

This question was referred to the Central Local Government Region Group (Legatus) who

advised that this was not a preferred option due to lack of resources, and so officers

have not pursued this option.

Recommendation 6: Learning outcomes from internal review of decisions – the Ombudsman has

recommended that all councils evaluate and document learnings from the reviews and share

with the Governance and Policy Officers Network.

The Barossa Council’s current position is to address learnings immediately across the

organisation to improve processes, so did not see it necessary to document a greater

sector sharing although this could certainly occur on an as-needs basis.

Recommendation 7: More governance support for councils via formalising the Governance and

Policy Officers Network.

Not relevant to policy and process so not expanded in this point.

Summary and Conclusion

Council does not ordinarily approve process reviews but as the Elected Body acts as a reviewer

for some section 270 review applications where it made the original decision or the decision has

been escalated from the Chief Executive Officer, it is relevant for Council to have oversight of and

approval of the Process as well as the Policy.


Attachment 1 – Updated draft - Internal Review of Council Decision Policy

Attachment 2 – Updated draft – Internal Review of Council Decision Process

Attachment 3 – Ombudsman SA: Report to the Minister for Local Government “Right of Review:

An Audit of Local Government Internal Review of Council Decisions Procedures” June 2017



Corporate Plan

Community and Culture:

2017/479


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

governance and meet legislative requirements.


Local Government Act 1999, Section 270(1)


There is no financial or resource implications in finalising and implementing this policy and process

as same will be absorbed as part of officers’ existing duties. Risk is mitigated by reliance on content

from the Ombudsman SA’s own model guideline and the model policy of the Local Government

Association as drafted by Tanom Legal.


No community consultation is legislatively required nor in this case is it needed as the changes to

the policy and process are based on models from the Ombudsman and the Local Government

Association following legal advice.

7.2.1.2

HOLMES ANGAS WAGON AND SUPPORT TO DODDRIDGE BLACKSMITH SHOP COMMUNITY

INITIATIVE

B1150

MOVED Cr Grossman that Council agree to enter into a Personal Property Securities

Register agreement as presented at Attachment 2 and authorise the Chief Executive

Officer to seek an amendment to the notice period for termination of an agreement and

confirm the funding support is a grant.

Seconded Cr Boothby CARRIED 2014-18/1199

PURPOSE

To seek Council’s consideration to enter into an alternative strategy to ensure the community

retains security over the Angas wagon and acknowledges the financial support to the Angaston

Penrice Historical Society (APHS) as a grant.

REPORT

Background

In November 2016 Council supported the save the Doddridge Blacksmith Shop by transfer funds

set aside to house the Holmes Angas Wagon, which has been restored by members of the

community and tinkers shed. The report is attached at Attachment 1.

Introduction

The strategy employed to support the funds transfer is that the APHS will house the wagon as part

of their displays and build additional structural capacity to do should the property be purchased.

Discussion

The APHS has successfully purchased the property and has received planning approval for a new

structure. A condition of the funding was that in some way the wagon’s security be assured should

APHS sell or become insolvent or other events result in the non-display of the wagon, and that an

amount of future funds be provided back to Council (as was the intent of the originally budgeted

funding) Council supported this by passing a resolution in November 2016 that a legally binding

arrangement be entered into.

As prescribed by the resolution a proposal was put APHS. APHS do not accept the option put

forward and have met with the Chief Executive Officer and have offered to repay the funds. The

obvious intent of the funding support was to ensure a sound community project was supported

and the wagon was put on public display. APHS have outlined in correspondence that historical

articles like the wagon can be secured and registered in an alternative way through a process

that is common in the museum or display of such articles in some way through a mechanism of

being “on permanent loan” which is managed through a national registry. It is called a Personal

Property Securities Register (PPSR) and seems in this case, given it is a historical article and not

commodity (although commodities can be secured through this process also), a more

2017/480


appropriate methodology to ensure security of the wagon. APHS have provided correspondence

and a draft PPSR which is reasonable but for the notice period of 28 days for either party to

terminate, it would take significantly more time to build or arrange alternative arrangement to

house the wagon should the agreement be terminated, this can be negotiated under delegation

to the Chief Executive Officer.

To accept this methodology would meet the conditions of Council resolution part 5 of November

2016 as it is understood the agreement has legal affect.

The only matter than cannot be secured by the PPSR is the return of funding in the future to house

the wagon, in this respect it is considered low risk and as outlined this is a highly successful

community venture and with the main risk being addressed through the PPSR the request to ensure

the funding support of $28,600 is considered a grant seems entirely reasonable.

Summary

The support provided by Council to the successfully save the Doddridge Blacksmith Shop is a

sound investment in the community venture and with an alternative approach to ensuring the

security of the wagon its appropriate to enter into the PPSR as drafted and confirm the funding

was in essence a grant.


Attachment 1 – Minutes from 15 November 2016

Attachment 2 – Correspondence from APHS


Community Plan

Natural Environment and Built Heritage

Community and Culture

1.5 Provide support and advice to preserve properties and sites which have historic

significance.

2.6 Support a vibrant and growing arts, cultural, heritage and events sector.


Personal Property Securities Act 2009 (Cth)


No further financial resources required. General risk consideration explored in the body of the

report.


No consultation is required or envisaged other than that already undertake with APHS

representatives.

7.2.1.3

LEGATUS CHARTER UPDATES

B5786 17/69333

MOVED Cr de Vries that Council approve the proposed changes to the Legatus (Central

Local Government Region of South Australia) Charter presented at the attachment.

Seconded Cr Lange CARRIED 2014-18/1200

PURPOSE

To seek Council’s approval for changes to Legatus (Central Local Government Regional of South

Australia) Charter.

2017/481


REPORT

At the Legatus annual general meeting of 8 September 2017 proposed amendments to the

charter, some of which Council proposed have been debated and agreed amendments are

encased at the attachment.

The amendments proposed are simple administrative matters reducing unnecessary red tape or

clarifications related to various matters; the following table outlines the changes.

Existing

Clause

Explanation

3.6.4 Clause is not necessary as it is governed by the Local Government Act.

3.6.14,

3.6.15,

Removing unnecessary and duplicative display processes of agenda and

documents as all other web sites can simple be linked to Legatus.

5.1.1, 5.1.2 Correct that Legatus budgets are approved by Legatus and endorsed by

member Councils, technical amendment only.

7.11.1,

7.11.2

To clarify the Legatus CEO forms part of the Regional Management Group

and to correct a typographical error.

Charter

Generally

Renumbering and amendments to clause links to reflect amendments

above.


Revised Charter – marked up with amendments


Community Plan


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.


Local Government Act


Nil


No community consultation is required or considered necessary.

7.3.1 GROUP MANAGER CORPORATE SERVICES - DEBATE

7.3.1.1

ADMINISTERING THE CONSTRUCTION INDUSTRY TRAINING LEVY PAYMENT

B5734

MOVED Cr Lange that Council submit a Notice of Motion to the Local Government

Association Annual General Meeting to be held on 15 - 16 November 2017, requesting

that the Local Government Association seeks consideration by the State Government to

change legislation to enact a simpler and efficient calculation or Council allocation of

the Construction Industry Training Fund Levy, based on either an annual fee based on

Council’s ratepayer base or an annual fee based on capital expenditure or explore other

options for a simpler formula and or method.

Seconded Cr Boothby CARRIED 2014-18/1201

2017/482


PURPOSE

To discuss the issues and resources involved with administering the Construction Industry Training

Fund Levy (the Levy) for Council builds for LGA consideration to request legislative change in the

method and/or formula in calculating the Levy.

REPORT

Introduction

The Construction Industry Training Fund Act 1993 is administered by the Construction Industry

Training Board (CITB). The Levy is collected on building and construction activity in South Australia

and re-injected back into the industry in the form of discounts and subsidies for construction

workers and apprentices/trainees to improve and encourage skills development in the industry.

The CITB collects the Levy of 0.25% (1/400th) of the value of building and construction work in South

Australia over $40,000 (previously $15,000).

Discussion

Council is required to pay the Levy on all relevant Council construction projects. The calculation,

reconciliation and payment processes (pre-payment and final payment) for the Levy is a Council

administrative burden.

To ensure Council is compliant, the existing process requires an enormous amount of staff resource

and effort as compared to the Levy amount to be paid.

Annual Process

Council is required to estimate a pre-payment of the Levy payable for the projects which qualify

under this legislation (ie construction costs per individual project exceeding the new threshold

$40,000 inc GST; previously $15,000 inc GST), based on the expected costs (original budget) as

follows:

Calculating the Levy based on the adopted budget allocation for works that will

potentially involve contractors;

making the Levy prepayment on the budgeted works;

pay this Levy before commencement of the project(s);

separating and listing all relevant works into categories set by the CITB, ie Civil,

Commercial, Other.

After the end of the financial year, a reconciliation spreadsheet is compiled showing the projects

(a combination of operating and capital works). The Levy calculation and reconciliation work

includes:

the budgeted amount of the project and Levy paid;

checking actual amount spent on the project split into:

o contractors;

o wages overhead and plant;

o materials etc; and

o the Levy pre-paid;

any amounts paid direct to CITB by various contractors;

amounts already paid to CITB by Council;

payment exclusions to be manually checked and identified:

o Council subsidiary and or other payments made direct to CITB;

o Consultants included with contractor information;

o Fencing installed alongside agriculture land;

o What is/was non-construction work (where the Levy does not apply);

o Projects under the threshold;

o Actual cost GST inclusive amount must be calculated – (our financial data

excludes GST); and

o A breakdown of Commercial versus Civil works for both the total value of work and

the CITF Levy

There are other inputs or source of payments to investigate, collate and include with the

reconciliation:

the development application (DA) process (usually for building construction);

contractors paying by default with their processes (eg Road sealing contractor);

paying from reminders from the CITB during the project(s); and

2017/483


Council payments for the Levy recorded in accounts payable.

Then a review of this work to ensure compliance including:

Reconciling the actual Levy due considering any payment(s) already made;

There are Levy prepayments for projects at year end for the estimated total works; as many

jobs are constructed or delayed over more than one year, the reconciliation for each job

requires back tracking and reconciliation over year(s) of actual expenditure;

As Council changes work schedules, delays in work completion and other factors, there

are often varying Levy amounts to be paid and/or a refund due from the initial and/or

annual reconciliation payments;

Part of the consideration during this end of financial year reconciliation is whether the

works will actually go ahead in the next year. These considerations include:

o do we claim a refund at year end; or

o leave the Levy pre-payment(s) with the CITB for future expense; and/or

o depending on the situation and decision, the work in progress amounts at times will

include the Levy; other times it will not, requiring further checks and balances.

Check to exclude exempt expenditure areas such as fencing* where it’s installed

alongside agricultural land and consultant costs where these have not been directly

involved in the build;

For repairs and maintenance work by contractors, where the value of work is over $40,000

(inc GST), the Levy applies;

For repairs and maintenance done by Council employees under $40,000 (inc GST), the

Levy is most likely not payable; and

The actual calculation includes a review of both capital and operating expenditure as

relevant to the CITB relevant works.

Other Considerations

As stated, the Levy applies to construction works over the value of $40,000 (inc GST). What has

the net Levy result been for increasing the total project value from $15,000? Using the 2016-17 year

works and the increase in project value from $15,000 to $40,000, would have decreased the

project(s) captured by the Levy from 431 to 424 and the Levy amount from $12,897 to $12,477, so

for that year a minimal impact for the Levy payable.

Does the $40,000 threshold apply where Council has a contract for various works but totalling

more than $40,000? For example, Council engages a contractor to undertake 6 jobs for $100,000

and some of these jobs might be individually under $40,000. As the total contract value is over

$40,000, the Levy calculation is applied to the total contract value. So the Levy applies to all works

by a contractor under that contract irrespective of each individual project cost under that

contract.

As stated previously to ensure application and compliance of the legislation and the payment of

the Levy, Council’s data collection and review process requires extensive analysis, reconciliation

and checking. A simplified method of calculating the Levy and still providing the necessary

funding requirements for the CITB would be a sensible approach.

Officers contacted the CITB to clarify what contract works are to be included in this legislation,

resulting in extensive investigation that wasn’t obvious from the CITB information available. This

required additional resources, substantial effort and this work is still ongoing. The CITB provided

clarification, advice and information within their existing legislative framework.

An example of this clarification is the advice that the costs of “project consultants’ will be included

for any activity that involves the oversight, supervision, management or monitoring of the

performance in the building or construction work and includes:

o project and construction management;

o building consultancies;

o on-site engineers; and

o overseers, etc.

Council’s budget does not always contain a full breakdown of project consultants involved in any

construction, and that may change as the work commences, depending on the availability of

Council resources, timing of the work, available funding, etc, further complicating the estimated

relevant works and reconciliation processes.

2017/484


A requirement of any CITB Audit is that you are required to supply any Levy payment identification

that has been made on your behalf by a supplier; advising that it is a condition in the contract is

not proof of the Levy payment. The resource and time consuming task of understanding the Levy

processes and identifying each project’s characteristics, makes it reasonably foreseeable that a

Levy payment may be missed or mistakenly paid twice.

Often contractors do not fully understand what work(s) the Levy applies to and thus, obtaining

information from them can be an issue. A recent example of this was for linemarking, where a

contractor did not know that the Levy applied to these works. They had checked with CITB on its

application, but in this case, suggested they had obtained incorrect advice and hadn’t paid the

Levy as required.

An example of the level of understanding and administration work required for what is to be

included and assessment for what is relevant to the Levy, is “Excavation Works”, as this type of

construction work is captured by the Levy. When Council engages a contractor to raise and crush

rubble used for road resheeting and maintenance (also used in footpaths), the Levy is payable as

the rubble has been excavated by a contractor. And then another contractor carts the rubble

to the work site and may or may not assist with the road construction. Council then calculates

and pays the Levy on the total value of the construction work, which includes the cost of the

rubble excavated, being now part of the total construction cost. However, the Levy has already

been paid on this material when it was extracted by the excavation works, thus paying the Levy

twice. This situation was raised with the CITB, with their response being:

“Although the extraction of the rubble would meet the definition of ‘excavation’ which is a levied

activity we would think we could treat the work, in this instance, as a preconstruction activity, a

bit like the production of a brick. We don’t get the Levy on the value of the brick at manufacture

only when it is laid in a house. The cost of the quarried material would be included in the cost of

the road works when constructed and not at the quarry site.”

Councils need to be aware of this and other possible computations in Levy calculations to try to

avoid incorrect Levy payments, in this case, mistakenly paying it twice.

Another clarification issue is re-sheeting of roads - construction or repairs and maintenance?

Advice provided by the CITB is that:

“the Re-sheeting work involves spreading/laying rubble/gravel on top of the existing road, this

would be considered as repairs and maintenance. But if the Re-sheeting work is stripping back

the road, changing the camber, width etc. this would meet the CITB definition as construction

work and the Levy applies.”

So when is a road resheet a repair and when is it construction? Each individual road resheet

project may involve a different application and construction requirement and then some will be

repairs and some construction? Not a simple assessment for knowing when the Levy is payable.

Further complicating this calculation is where the resheet work involves both Council staff and

contractor(s). As an example, a contractor is engaged to transport rubble to the site and then

Council employees grade this material as repair works. Then we need to calculate the contractor

share and the Council’s labour and plant share of the work as a proportionate to the total work

cost. As a simple example, the contractor is 40% of the total work and the Council’s labour and

plant is also 40% of the total work, the remaining 20% is materials and other items needed for the

work. As the contractors and Council staff both were 40% each, they did half of the construction

work. Then the Levy would be due on cost of the contractor plus 50% of the cost of the rubble and

other items. This calculation will vary depending on the share of work, which will vary depending

on each project - not a simple method for calculating the Levy.

Options for the CITB funding requirements for the calculation of the Levy

Council understands that the Levy payment has been established to provide funding for

construction training purposes. So a simpler method may exclude certain costs captured now. To

ensure the CITB have the required funding for their purposes, perhaps the Levy factor could be

set at a higher amount than currently. The CITB would have information as to Council’s current

expenditure and the Levy being collected, so this could help establish the funding amount to be

provided by Councils going forward.

2017/485


Option 1

A Levy amount formula based on budgeted total capital expenditure. This could be a sliding scale

formula based on capital spend per Council per year.

Option 2

A Levy amount based on budget for all works involving capital construction including works where

Council staff and machinery are participating but excluding acquisitions/purchases of land,

buildings, plant, vehicles, equipment, etc.

Option 3

A Levy amount based on Council size eg population, ratepayers, or other relative application. This

would be a range based approach to setting the Levy per Council.

For Councils, Option 2 would typically include infrastructure (roads, footpaths, drainage) and

building works.

These options would ignore capital vs operating construction costs and only be collected on

budgeted capital costs, so no requirement to reconcile to the actuals. This would be simpler, as

the Levy would be based on the adopted budget and not the actual expenditure, noting

Councils should not be budgeting for works that will not proceed. If work did not proceed, then

Council would expense the Levy for that work. The exception to this could be for example, if, after

budget adoption, a significant grant was received and/or a Council decision made involving

construction activity, and the capital amount is material, eg more than $500,000. In this case the

Levy would be payable.

Summary

A revised method would greatly assist all Councils in meeting the CITB legislative requirements.

The Barossa Council continues to comply with the CITB requirements for calculating and paying

the Levy but would appreciate a simplified approach to the method, calculation and application

for construction works. It is a resource and time consuming task to ensure the Levy is appropriately

calculated, reconciled and paid on relevant construction projects and to make every attempt to

ensure Council does not pay the Levy twice or mistakenly not pay the Levy at all.


Nil


Corporate Plan




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

mandated legislative standards and good practice principles.


Local Government Act 1999

The Construction Industry Training Fund Act 1993


Financial considerations

Councils Levy for the last 2 years has been $12,897 (2016-17) and $14,997 (2015-16). The budget

for 17-18 has $10,500 to be paid based on relevant construction works expenditure.

Council has been supported financially for related training expenditure by the CITB, but not to the

level of the CITF levy payments.


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

2017/486


7.3.1.2

CONSIDERATION AND ADOPTION OF AUDIT COMMITTEE RESOLUTIONS

B5734

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

meeting held 5 October 2017, adopt the Resolutions contained therein.

Seconded Cr Miller CARRIED 2014-18/1202

PURPOSE

The minutes of Council’s Audit Committee meeting held 5 October 2017 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.


Attachment 1: Minutes of the Audit Committee meeting held 5 October 2017.


Community Plan

Corporate Plan


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

on principles of sound governance and meet legislative

requirements.

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

communicate with the community in plain English.




Nil


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

7.3.3.1

MONTHLY FINANCE REPORT (AS AT 30 SEPTEMBER 2017)

B411

Author: Senior Accountant

MOVED Cr Harms that the Monthly Finance Report as at 30 September 2017 be

received and noted.

Seconded Cr Seager CARRIED 2014-18/1203

PURPOSE

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

Council, including notes on material financial trends and transactions.

REPORT

Discussion

2017/487


The Monthly Finance Report (as at 30 September 2017) is attached. The report has been prepared

comparing actuals to the Original adopted 2017/18 Budget.


Attachment 1: Monthly Finance Report 30 September 2017

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.

6.9 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.


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 2017, as per

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

budget.

7.3.3.2

ANNUAL FINANCIAL STATEMENTS 2016/2017 (AS AT 30 JUNE 2017)

B5083

Author: Group Manager, Corporate Services

MOVED Cr Angas that:

(1) The Barossa Council Annual Financial Statements 2016/2017 be received, noted

and endorsed; and

(2) The Nuriootpa Centennial Park Authority Annual Financial Statements 2016/2017

be received, noted and endorsed.


PURPOSE

To present the Annual Financial Statements for the year ended 30 June 2017 to Council.

REPORT

Discussion

The completed Annual Financial Statements for 2016/2017 are provided as Attachment 1.

2017/488


Council’s external audit has been carried out by Dean Newbery and Partners, returning an

unqualified report and no reports to the Minister.

The Mayor and Chief Executive Officer have previously been endorsed to sign the Financial

Statements.

Attached for your information, are Nuriootpa Centennial Park Authority Financial Statements.

These amounts have been consolidated into The Barossa Council Financial Statements for

2016/2017.


Attachment 1: The Barossa Council Annual Financial Statements 2016/2017

Attachment 2: Nuriootpa Centennial Park Authority Financial Statements 2016/17


Corporate Plan




6.3 Align operational strategy to strategic objectives and measure organisational performance

to demonstrate progress towards achieving our goals.










Local Government (Financial Management) Regulations 2011


Financial

There are no financial or risk management considerations. Refer to the Report on Financial Results

within this agenda for an analysis on the results.

At Councils Audit Committee meeting held 5 October 2017 the financial statements were

reviewed, with the resolution: “that subject to final confirmation with Council auditors, the 2016/17

Annual Financial Statements be endorsed and presented to Council for adoption.” The auditors

have since provided their audit opinion(s) as included in the attachment to this report.


Council’s Public Consultation Policy does not require community consultation. The Statements

are public documents, accessible to the community via Council’s website.

7.3.3.3

REPORT ON FINANCIAL RESULTS 2016/2017 (AS AT 30 JUNE 2017)

B5083

Author: Group Manager, Corporate Services

MOVED Cr de Vries that the Report on Financial Results for 2016/2017 (as at 30 June

2017) be received and the proposed carried forward adjustments to 2017/18 as listed

on pages 6 to 11, be approved.


2017/489


PURPOSE

The Report on Financial Results for 2016/2017 (as at 30 June 2017) is attached for Council

consideration and approval of carried forward adjustments to 2017/18.

REPORT

Discussion

The Report on Financial Results is prepared following the completion of the Financial Statements. This

report provides Council with a final variance report for the actual results as compared to the adopted

budget, along with suggested carried forward adjustments to the 2017/2018 financial year.

The report provides information as to the financial position of Council, containing: Executive Summary,

Uniform Presentation of Finances, Key Performance Indicators, Financial Statements with Variance

Reporting as compared to the original budget and compared to last year actual results.

The report also provides a list of proposed Operating and Capital Budget carried forward

adjustments. Many of these adjustments are for projects not completed by 30 June 2017 for various

reasons and/or are attached to grant funding/contributions for programs in 2017/2018.

For further analysis, reference should be made to the Annual Financial Statements 2016/2017,

attached to Agenda item 7.3.3.2.

The report also includes capital expenditure and new initiatives review.


Attachment 1: Report on Financial Results 2016/2017


Corporate Plan















Local Government (Financial Management) Regulations 2011


Financial

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

level financial report is provided. This report contains budget adjustments for decisions Council

has made since the last review and other adjustments to meet financial changes in capital and/or

operational areas. The document contains comments and implications for the Long Term

Financial Plan as a result of this review.

At Councils Audit Committee meeting held 5 October 2017 the Report on Financial Results were

reviewed, with the resolution: “that the Report on Financial Results for 2016/2017 be endorsed and

presented to Council for adoption”.

2017/490



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

legislation.

7.3.3.4

BUDGET UPDATE 2017/2018 (AS AT 30 SEPTEMBER 2017)

B4968

Author: Senior Accountant

Group Manager, Corporate Services reviewed the document with Council generally and

noted that two further revisions will be made to the commentary regarding the long term

financial position of Council that it currently does not include impacts from The Big Project

or State Government Fund My Neighbourhood program. These items will have a long

term financial impact which will be determined once investigations are completed and

outcomes are known.

MOVED Cr Hurn that the Budget Update for 2017/2018 (as at 30 September 2017) be

received and the budget variations contained therein be adopted.


PURPOSE

The Budget Update for 2017/2018 (as at 30 September 2017) is attached for Council consideration

and adoption of budget variations.

REPORT

Discussion

The report provides information as to the financial position of Council, containing budget update

reports which include Executive Summary, Uniform Presentation of Finances, Key Performance

Indicators, Summary of Operating Budget Variance Adjustments and Summary of Capital Budget

Variance Adjustments.

The proposed variances between the Original Budget and this budget update are listed on the

operating and capital budget adjustment pages. Please note for reconciliation purposes, from

the Original Budget to the first Budget Update, the variances also include a summary of the carried

forwards as approved by Council (refer Agenda Item 7.3.3.3). The report also includes details of

new initiatives and capital expenditure adjustments.


Attachment 1: Budget Update as at 30 September 2017

Policy

Budget & Business Plan and Review Policy


Corporate Plan











2017/491





Local Government Act 1999 Sect 123 (13)

Local Government (Financial Management) Regulations 2011 Regulation 9 (1)(a)


Financial

To enable Council to make effective and strategic financial decisions, a Quarterly Budget Review

Report is provided. This report contains budget adjustments for decisions Council has made since

the last review and other adjustments to meet financial changes in capital and/or operational

areas. The document contains comments and implications for the Long Term Financial Plan as a

result of this review.


Community Consultation was part of the Original Budget adoption process in June 2017, as per

legislation.

VISITORS TO THE MEETING – 9.31AM

Mayor Sloane welcomed recipients of Youth Grant certificates to the meeting and

presented certificates to Angus and Adam Cozzitorto, William O’Brien, Gypsy-Rose

Entriken, Courtney Duggan, Tiffany Koek and Isabelle Schulz.

Mayor Sloane congratulated the recipients on their achievements and thanked them for

their attendance.

7.3.4.1

TANUNDA BOWLING CLUB – REQUEST FOR LOAN

B6080

MOVED Cr de Vries that Council;

(1) Borrow the sum of $180,000 (ex GST) from the Local Government Finance Authority

of SA by means of the issue of a debenture on the security of general revenue, in

accordance with Part 2 of the Local Government Act 1999. The purpose of the

loan is toward financing the installation of two synthetic greens at the Tanunda

Bowling Club;

(2) Require the loan to be for a term of 10 years with the interest rate fixed for the full

10 years;

(3) Require the loan to be repaid by 20 equal half-yearly instalments of both principal

and interest;

(4) Authorise the Mayor and Chief Executive Officer to sign and affix the Common

Seal on the debenture loan document to be prepared by the Local Government

Finance Authority;

(5) Require copies of the Club’s annual audited financial statements for the life of the

loan;

(6) Agree a Memorandum of Understanding with the Tanunda Bowling Club Inc to

define the terms of the loan agreement; and

(7) Execute a renewal lease agreement with a term of 10 years plus 5 year option to

renew, with Tanunda Bowling Club Inc prior to providing funding to the Club.


PURPOSE

The Tanunda Bowling Club have identified the need to replace and upgrade the artificial turf

greens at their premises on Tanunda Recreation Park.

2017/492


REPORT

Background

The Tanunda Bowling Club (the Club) has two bowling greens, one artificial turf and one natural

grass. The artificial turf green is nearing the end of its useful life and the natural green has been

earmarked for upgrade at the same time.

Discussion

The Club have provided their annual financial statements which show that the Club are well

positioned to fund their portion of $137,000 from cash reserves. They request a further $180,000

Council loan that together will deliver a $317,000 green replacement program.

The Club have also organised a lending quote from ANZ Bank returning a rate of 5.9% over a 10

or 15 year term. The current rate through the Local Government Finance Authority (LGFA) is 3.9%

and the loan would be taken out over 10 years with half yearly re-payments of $10,875.87. LGFA

loans cannot be repaid faster than the 20 half yearly scheduled payments.

Officers have reviewed the request with regard to the draft Treasury Management Policy and are

supportive of the request.

Council assisted the Club with guarantor for a loan for $70,000 in 2009 to assist with the rebuild of

clubrooms after fire damage. This loan has been fully repaid earlier than scheduled.

Officers are currently working through a renewal of The Tanunda Bowling Club’s Lease

Agreement.

The key factors to be considered in assessing the Club’s request are capacity to make the

necessary repayments over the life of the loan and the impact of Council’s loan indebtedness

and associated policy indicators.

Capacity of Tanunda Bowling Club Inc. to repay the loan

The Club has provided a summary of the past two years and year to date actual results, as well

as a budget for the coming 4 financial years. Budgeted surplus for 2017-18 and recent past

performance provides sufficient funding for 2 half yearly repayments totalling $21,752. The

summary is as follows:

Year Income

$

Expenses

$

Net Gain/(Loss)

$

2013-14 Actual 133,610 131,537* 2,834

2014-15 Actual 122,964 79,167 43,796

2015-16 Actual 155,908 102,292 53,616

2016-17 Actual 138,480 94,754 43,726

2017-18 Budget 133,500 100,685 32,815

*Additional green; and repair and maintenance spend required post fire damage

Impact of Council’s loan indebtedness and associated policy indicators

As the facility is situated on Council controlled crown land, Council holds a right on the buildings

and greens in the unlikely event the Club, for financial issues, is wound up. As Council takes out

the loan, Council will have a debt to cover.

Council associated policy indicators will be affected as the loan will become part of Council’s

loan portfolio.


Based on the forward budget data provided, the Club believes it is in a position to accommodate

the loan repayments on a loan of $180,000.

In order for Council to maintain continual confidence of the Club’s capacity, it is recommended

that regular receipt of updated financial reports be provided.


Attachment 1: Tanunda Bowling Club – letter of request

Attachment 2: Tanunda Bowling Club - supporting documentation

2017/493



Community Plan

Identify Theme/s (utilising the icons)


Infrastructure

Health and Wellbeing


Corporate Plan

2.1 Deliver sound community infrastructure and public space planning activities which

incorporate place-making principles and take into account the future needs of the community.

3.3 Ensure Council’s sporting, recreational and leisure building facilities and associated programs

meet the current need of the community to an agreed level of service.

4.6 Support the growth and sustainability of sporting, recreational and community clubs and

organisations through provision of shared infrastructure, grants and opportunities to shape future

use and development.


Financial Management Considerations

This change to the 2017-18 budget has not been through the NI-DDR process as the loan is

established with a loan agreement and will be self-funding when repayments come to cover the

Council loan payments. At the next iteration of Council’s Long Term Financial Plan, the loan and

its repayments will be included. The initial loan will be treated as a contribution to the Club and

cash in Council’s bank account adding to the loan balance. The Community group loan

repayments will be shown on the Statement of Comprehensive Income as operating income and

interest on the loan as operating expenditure, with principal deducted from the Statement of

Financial Position, which does affect Council’s operating result; however, for this loan amount the

difference will be insignificant.

The loan will be included with Council’s loan portfolio and so may affect future capacity (though

minimal) to borrow.


The lease agreement will require community consultation for a term greater than 5 years as

required by the Local Government Act 1999 Section 202 (2) (3)(a). A draft agreement will be

presented to the November Council meeting.

7.3.4.2

NURIOOTPA WAR MEMORIAL SWIMMING POOL AND WILLIAMSTOWN QUEEN VICTORIA

JUBILEE PARK SWIMMING POOL – SERVICE LEVELS 2017/18 SEASON and KIDS SWIM FREE

B3051

MOVED Cr Harris that Council:

(1) Approves the proposed opening hours for the Nuriootpa War Memorial

Swimming Pool for the 2017/18 season as follows:

Opening day: 4 November 2017 – Closing Day: 31 March 2018 when temperature

exceeds 26 degrees Celsius

Week Days – School Term period

Monday to Friday inclusive 6am – 10.00am

Monday to Friday inclusive 3.30pm – 6pm*

2017/494


Week Days – School Holiday period

Monday to Friday inclusive 6am – 10am

Monday to Friday inclusive 1pm – 6pm*

Weekends – Same for whole season

Saturday and Public Holidays 10am – 6pm*

Sunday 12pm – 6pm*

* Closing time to be extended at manager’s discretion if the daily temperature

exceeds 34 degrees Celsius and swimmer numbers exceeds 25 at 5:30pm

(2) Instructs Officers to agree a process with Belgravia Leisure to offset increased staff

costs (approximately 4 hours per week at a cost of $2,000 for the season) from any

increase in kiosk revenue generated through these and other service level

changes for the season and report to Council on outcomes when end of season

figures are available.

(3) Approve the Opening Hours above to be the standard Opening Hours each

season until otherwise approved.


MOVED Cr Angas that Council:

(1) Approves the proposed opening hours for the Williamstown Queen Victoria

Jubilee Park Swimming Pool for the 2017/18 season as follows:

Opening day: 1 December 2017 Closing Day: 31 March 2018 when temperature

exceeds 27 degrees Celsius.

Week Days – School Term period

Weekdays 3:00pm - 6:00pm

Week Days – School Holiday period

Weekdays 1:00 pm - 6:00 pm

Weekends and Public Holidays – Same for whole season

Weekends 1:00pm - 6:00pm

Lap Swimming

Lap swimming sessions every Monday, Wednesday and Friday from 7.00am -

9.00am.

(2) Approve the Opening Hours above to be the standard Opening Hours each

season until otherwise approved.

Seconded Cr Lange CARRIED 2014-18/1209

MOVED Cr de Vries that Council:

(1) Approves the continuation of “Kids Swim Free” (16 year olds and under) for the

school holiday period during future pool seasons at the Nuriootpa War Memorial

Swimming Pool and Williamstown Queen Victoria Jubilee Park Swimming Pool;

(2) Approves a budget adjustment to reduce the income budgeted for pool fees of

$15,000 which equates to the estimated reduction in revenue for the Nuriootpa

War Memorial Swimming Pool;

(3) Approve the ongoing Kids Swim Free initiative each season until otherwise

approved;

(4) Continue a gold coin donation entry for Pool related events at the Nuriootpa War

Memorial Swimming Pool.


2017/495


PURPOSE

To review and approve operational service levels (ie opening hours, fees and charges) at the

Nuriootpa War Memorial Pool (Nuriootpa Pool) and Williamstown Queen Victoria Jubilee Pool

(Williamstown Pool) for the 2017/18 season.

REPORT

Background

Council extended the Nuriootpa Pool opening hours for the 2016/17 season by an average of 3.5

hours per week. This had mixed results due to the different closing hours of different days and the

6pm to 7pm timeslot (which was an increase) didn’t return extra visitation. It is therefore proposed

that closing time be consistent each day of the week. Closing time was extended at manager’s

discretion when the temperature for the day exceeded 36 degrees Celsius and the number of

swimmers at 5:30pm exceeded 30.

Council also trialled a “Kids Swim Free” initiative for 16 year olds and under in the 2016/17 school

holiday season. The trial was successful with Nuriootpa Pool visits increasing over the school

holidays by 31% and the Williamstown Pool visits increasing by 34% as reported to Council at the

21 March 2017 meeting. The Nuriootpa Pool reduction in income of $13,000 was funded through

the Nuriootpa Soldiers Memorial Pool Reserve Fund. The Williamstown Pool income was only short

by $4,000 so this was absorbed within the operating budget.

Discussion

Nuriootpa Pool - The proposed opening hours are as follows:

Week Days – School Term period Times


Monday to Friday inclusive 3.30pm – 6pm*

Week Days – School Holiday period Times


Monday to Friday inclusive 1pm – 6pm*

Weekends – Same for whole season Times

Saturday 10am – 6pm*

Sunday 12pm – 6pm*

* Closing time to be extended at manager’s discretion if the daily temperature exceeds 34

degrees Celsius and swimmer numbers exceeds 25 at 5:30pm (previously 36 degrees Celsius and

swimmer numbers exceed 30 at 5:30pm)

Last season opening hours were increased by 54 hours at a cost of $1,377. At the above opening

times, it is anticipated that the additional cost will be similar. However, if visits increase and

significant additional revenue is driven through related kiosk sales, Belgravia will compensate

Council accordingly.

The hours if approved, will be assessed to track impact on visits and Officers and Belgravia

determine a process for reimbursement of staff related costs dependent on kiosk revenue.

Entrance fees already approved are stable at $4.30 single entry, $15.00 per family visit (based on

2 adults in a family group).

Williamstown Pool – there are no changes to opening hours proposed.

As part of The Big Project, the development of an Aquatic Strategy is being progressed.

Considerations for standard opening hours and the Kids Swim Free initiative will be addressed to

provide ongoing guidelines for implementation and not require annual reporting to Council on

these matters. The ongoing income opportunity lost from the Kids Swim Free initiative, as realised

last season, equates to approximately $20,000 across the Nuriootpa and Williamstown pools.


Officers recommend a change to opening hours as summarised in the report.

Officers recommend the continuation of the “Kids Swim Free” initiative on an ongoing basis

and continued consideration as part of the Aquatic Strategy


None

2017/496



Community Plan – Themes


Infrastructure


Business and Employment

Corporate Plan


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

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

agreed level of service.

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

agreed level of service.

6.1 Ensure that the community has access to information regarding the discussions

held and decisions made by Elected Members.

Legislation



Financial and Resources

The cost of free entry is an unbudgeted item for the Nuriootpa Pool and therefore a budget

adjustment is required to reduce the budgeted income from pool fees by $15,000.

Using the $1 to $7 wellbeing investment ratio, the income opportunity lost of $20,000 per

annum equates to an ongoing wellbeing investment of $140,000 per annum to our

community.

Officers will agree with Belgravia Leisure a process for monitoring any associated significant

revenue increases via the kiosk (operated by Belgravia under the current contract

arrangements) and using these to offset additional staff costs associated with the increase of

4 additional staff hours per week as a result of any approved changes in opening hours.

Risk Management

Development of an Aquatic Strategy will form the framework for future Policy decisions around

service levels at Council’s aquatic / recreational facilities and assist with taking an informed

and consistent approach to the establishment, monitoring and ongoing review of service

levels, thus managing Council’s financial and reputational risk.


Council has undertaken a consultative approach to the strategy in 2016/17 and will continue to

consult with the community during the development of the Aquatic Strategy. Very close working

relationships are maintained with the Community Working Group with representation from that

Group on the Project Working Group.

7.3.5.1

ANNUAL CLOSURES OF COUNCIL OFFICES, LIBRARIES, BAROSSA VISITOR CENTRE AND

COUNCIL DEPOTS OVER CHRISTMAS/NEW YEAR PERIOD

B5780

Author: Group Manager Corporate Services

MOVED Cr Grossman that Council endorses the following closures and selected opening

days over the 2017/18 Christmas/New Year period:

2017/497


(1) Nuriootpa Council Office to close from 2:30pm Friday 22 December 2017 to 5.00pm

Monday 1 January 2018 inclusive.

(2) Nuriootpa Library to close:

(a) from 2.30 pm Friday 22 December 2017 to Tuesday 26 December 2017

inclusive; and

(b) on Monday 1 January 2018

The Nuriootpa Library shall re-open from Wednesday 27 December to Sunday 31

December 2017.

(3) Tanunda Library to close:

(a) from 2.30pm to 6.00pm Friday 22 December 2017;

(b) on Monday 25 December and Tuesday 26 December 2017; and

(c) on Monday 1 January 2018

The Tanunda Library will be open on Saturday 23 December and re-open from

Wednesday 27 December.

(4) Council branch offices / libraries located at Angaston, Lyndoch and Mount

Pleasant to close from 1.30 pm Friday 22 December 2017 to 5.00pm Monday 1

January 2018 inclusive.

(5) Barossa Visitor Centre to close:

(a) from 2.30pm to 5.00pm Friday 22 December 2017

(b) on Monday 25 December 2017

The Barossa Visitor Centre shall remain open all other days at normal hours and on

public holidays from 10.00am to 4.00pm.

(6) Council depot operations to close from 12 noon Thursday 21 December 2017 to

5.00pm Monday 1 January 2018 inclusive.

(7) That all services reopen with normal operating hours on Tuesday 2 January 2018.


PURPOSE

Each year Council endorses closure dates for the Nuriootpa Office, Nuriootpa Library and Branch

Office/Libraries, Barossa Visitor Centre and Council Depots over the Christmas/New year period.

REPORT

The Organisational Management Group (OMG), in its report to the 18 October 2016 Council

Meeting, committed to undertake a thorough investigation over the 2016/2017 Christmas/New

Year closure period to inform a recommendation in regard to closing times for this year’s (2017/18)

Christmas/New Year period.

The investigation included consultation with staff, community and enquiries into what other

business are doing during this time. OMG has compiled a list of all the services officers have been

providing, including out of hours answering services and officers on call.

The Customer Requests received during the Nuriootpa office closure period and the Answering

Adelaide register from the last two years have also been reviewed to obtain details of what

services were requested. Council utilises an external service provider, Answering Adelaide, to

ensure our customers have the opportunity to communicate with Council during out of hours and

in the past, during the office closure period. Depending on the type of service required, the service

provider then contacts the relevant on-call Council officer to take necessary action to respond

to the enquiry or request. These requests can also be logged into Council’s Customer Request

system. The following tables provide a summary of these requests for the last four years.

Customer Requests log:

2017/498


Subject 2013-14 2014-15 2015-16 2016-17

Animals/Reptiles/Insects/Birds1 – mostly

dog related

13 5 12 16

Building 1 1

Council Properties – maintenance 2

Drainage – Kerb & channel repair 1

General Complaint 1

Health 1 2

Home Assist – Gardening 1

Infrastructure - General

(signs/graffiti/CWMS)

4 1 3

Name and Address Register 1 1

Parks, Gardens & Reserves 1

Planning compliance 1 1

Rates – inc. arrangements to pay 1 7 11

Regulatory – inc. fire/parking 2 1 4

Roads & Paths – inc. road repairs, street

sweeping, tree issues

3

9

Trees and Vegetation 6 55

Waste Refuse - Transferred to NAWMA 4

1 2

Total 35 18 13 109

Answering Adelaide register:

Subject 2013-14 2014-15 2015-16 2016-17

Animals/Reptiles/Insects/Birds1 – mostly

dog related

8 7 21 13

Building

Community Transport – car booking 3

Council Properties – maintenance

Drainage – Kerb & channel repair

General Complaint

Health

Home Assist – Gardening

Infrastructure - General

(signs/graffiti/CWMS)

2 1

Name and Address Register

Parks, Gardens & Reserves 1 1

Planning compliance

Pool Safety inspection 1

Rates – inc. arrangements to pay

Regulatory – inc. fire/parking 1 1

Roads & Paths – inc. road repairs, street

sweeping, tree issues

1 1

Trees and Vegetation 2 10

Waste Refuse - Transferred to NAWMA

Total 9 11 25 29

From this data it is apparent that services are required for dog related, trees and vegetation

matters. Council provides resources to cover these main areas through the Answering Adelaide

services and Council’s web page. The enquiries and/or customer requests are then forwarded to

the relevant Council officers on call during this period.

Council provides customers with contact points to access resources for essential services to

adequately service our customers’ needs; this is summarised in Attachment 1.

2017/499


In accordance with Council past policy position, Council operates basic services and closes

relevant offices between Christmas and New Year, with staff taking accrued leave during this

period.

Council Operations – Daily Service Provision:

Nuriootpa

Office

Nuriootpa

Library

Tanunda

Library

Angaston,

Lyndoch &

Mt Pleasant

Works Depots

(Closing

12noon

21 December)

Barossa

Visitor

Centre

Friday,

22/12/17

Open until

2.30pm -

then Out

of Hours

Services

provided

Open

until

2.30pm -

then Out

of Hours

Services

provided

Open until

2.30pm -

then Out

of Hours

Services

provided

Open until

1.30pm -

then Out of

Hours

Services

provided

Emergencies &

Essential

Maintenance -

Out of Hours

Services

provided

Open

until

2.30pm -

then Out

of Hours

Services

provided

Saturday

23/12/17

Out of

Hours

Services

provided

Out of

Hours

Services

provided

Open

9am -

12noon

Out of

Hours

Services

provided

Emergencies &

Essential

Maintenance -

Out of Hours

Services

provided

Open

9am -

4pm

Sunday

24/12/17

Out of

Hours

Services

provided

Out of

Hours

Services

provided

Out of

Hours

Services

provided

Out of

Hours

Services

provided

Emergencies &

Essential

Maintenance -

Out of Hours

Services

provided

Open 10

am -

4pm

Monday

25/12/17

Christmas

Day

Out of

Hours

Services

provided

Christmas

Day

Out of

Hours

Services

provided

Christmas

Day

Out of

Hours

Services

provided

Christmas

Day

Out of

Hours

Services

provided

Christmas Day

Out of Hours

Services

provided

Christmas

Day

Out of

Hours

Services

provided

Tuesday

26/12/17

Public

Holiday

Out of

Hours

Services

provided

Public

Holiday

Out of

Hours

Services

provided

Public

Holiday

Out of

Hours

Services

provided

Public

Holiday

Out of

Hours

Services

provided

Public Holiday

Out of Hours

Services

provided

Open

10am -

4pm

Wednesday

27/12/17

Out of

Hours

Services

provided

Open

9am -

6pm

Open

9am –

5pm

Out of

Hours

Services

provided

Emergencies

& Essential

Maintenance

- Out of Hours

Services

provided

Open

9am -

5pm

Thursday

28/12/17

Out of

Hours

Services

provided

Open

9am –

6pm

Open

9am –

5pm

Out of

Hours

Services

provided

Emergencies &

Essential

Maintenance -

Out of Hours

Services

provided

Open

9am -

5pm

Friday,

29/12/17

Out of

Hours

Services

provided

Open

9am –

5pm

Open

9am –

5pm

Out of

Hours

Services

provided

Emergencies &

Essential

Maintenance -

Out of Hours

Services

provided

Open

9am -

5pm

2017/500


Nuriootpa

Office

Nuriootpa

Library

Tanunda

Library

Angaston,

Lyndoch &

Mt Pleasant

Works Depots

(Closing

12noon

21 December)

Barossa

Visitor

Centre

Saturday

30/12/17

Out of

Hours

Services

provided

Open

9am –

12noon

Open

9am –

12noon

Out of

Hours

Services

provided

Emergencies &

Essential

Maintenance -

Out of Hours

Services

provided

Open

9am -

4pm

Sunday

31/01/17

Out of

Hours

Services

provided

Open

12noon –

3pm

Out of

Hours

Services

provided

Out of

Hours

Services

provided

Emergencies &

Essential

Maintenance -

Out of Hours

Services

provided

Open

10am –

4pm

Monday

1/01/18

Public

Holiday

Out of

Hours

Services

provided

Public

Holiday

Out of

Hours

Services

provided

Public

Holiday

Out of

Hours

Services

provided

Public

Holiday

Out of

Hours

Services

provided

Public Holiday

Out of Hours

Services

provided

Open

10am -

4pm

Tuesday

2/01/18

Open

Open Open Open Open Open

Nuriootpa Office

It is proposed that Council closes the Nuriootpa Office on Friday 22 December 2017 from 2.30 pm

and re-open at 9.00 am on Tuesday 2 January 2018.

This is a similar practice to many other businesses and from past experience, there have been

minimal public enquires during this period. Telephone calls will be directed through the out of

hours service to relevant officers. Library officers are also able to record and escalate customer

requests as required.

Nuriootpa Library Service

It is proposed that the Nuriootpa Library be closed from 2.30pm on Friday 22 December 2017 until

6.00pm Tuesday 26 December 2017. The Nuriootpa Library will resume normal operations on

Wednesday 27 December 2017 except for closure on the Public Holiday, Monday 1 January 2018.

Tanunda Library Service

It is proposed that the Tanunda Library close from 2.30pm on Friday 22 December 2017. The

Tanunda Library will open on Saturday 23 December 9 am-12noon but will remain closed from

Sunday 24 December 2017 to Tuesday 26 December 2017 inclusive. The Tanunda Library will

resume normal operations at 9.00am on Wednesday 27 December 2017, except for closure on

the Public Holiday, Monday 1 January 2018.

Other Branches

It is proposed that the Branch Offices/Library Services at Angaston, Lyndoch and Mount Pleasant

will close from 1.30 pm on Friday 22 December 2017 (ie will not close for the normal lunchbreak)

and remain closed until 5.00pm Monday 1 January 2018. Branch libraries will resume normal

operations at 9.00am on Tuesday 2 January 2018.

Barossa Visitor Centre

It is proposed that the Barossa Visitor Centre will close from 2.30pm on Friday 22 December 2017

and on Christmas Day, Monday 25 December 2017. The Centre shall remain open all other days

at normal hours and on public holidays from 10.00am to 4.00pm.

Council Depots

It is proposed that Council Depot operations will maintain sufficient staff to react in the case of

emergencies and maintain essential maintenance programs; however Council Depots will be

closed from 12 noon Thursday 21 December 2017 until 5.00 pm Monday 1 January 2018 inclusive.

2017/501


The Rex

The Rex opening hours will be covered in a separate report.

Other Site Operations and Services

The Barossa Regional Gallery and Barossa Bushgardens are available for service provision.

Customers can refer to Council’s website for detailed information.

Conclusion

From the Customer Request and Answering Adelaide data, the existing service provision available

during the Christmas to New Year period is adequate to service the needs of our customers. There is

flexibility and contingencies built in to resource any unforeseen events and/or urgent service requests.

The recommendation from OMG is that the Council consider this information and approve the current

process for service provision and the closure of offices, depots and operations along with selected

opening times to provide contact points and access to Council services as contained within this

report.


Corporate Plan


6.6 Define and deliver on agreed Customer Service Standards for Council service delivery.



6.10 Embed a culture of continuous improvement across Council, with tools, processes and systems

being used to achieve business efficiencies and customer service improvements.




Financial and Resource

Resources will be maintained to ensure continuity of services for Council’s Barossa Visitor Centre,

Libraries and Council Depot services. The resources required for the existing service levels during

the Christmas to New Year period are within the adopted budget. Any significant events that

Council needs to respond to and provide support, resources and rectify any assets, will be

reported to Council as per previous incidents/events.

Risk Management

Council provides services on standby as required for essential services, ensuring any risk issues are

considered as appropriate for each service provided.


Appropriate notices will be published in the local papers advising of the closures together with

notices on Council’s website, message on hold and Council noticeboards.

7.4.1 DIRECTOR WORKS AND ENGINEERING SERVICES - DEBATE

7.4.1.1

REQUEST FOR PURCHASE OF UNMADE PUBLIC ROAD RESERVE – BRENDA DUTSCHKE – OFF

GODS HILL ROAD - LYNDOCH

B5754 17/71958

Author: Manager Engineering Services

MOVED Cr Lange that:

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

Gods Hill Road, Lyndoch, subject to satisfactory outcome of all requirements in this

recommendation and the Road Opening and Closing process.

2017/502


(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, is to be merged with the applicant’s

property, with easements ascribed to relevant service authorities as determined

from the Roads Opening and Closing process.

(4) Allotment 28 Pimpala Road, Lyndoch, is to be merged with the applicant’s

property at 26 Gods Hill Road, Lyndoch.

(5) The applicant pay all associated fees and costs relating to the Roads (Opening

and Closing) Act 1991.

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

by a valuer, engaged by Council, with the applicant responsible for all associated

costs incurred by Council.

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

documents.


PURPOSE

An application has been received from Brenda Dutschke for the purchase of an unmade public

road – off Gods Hill Road – Lyndoch. Refer attached letter.

REPORT

Introduction

As a result of a recent winery development application, a request has been received from Brenda

Dutschke, owner of the allotment occupied by Dutschke Wines at 26 Gods Hill Road, Lyndoch, for

the purchase of an unmade section off Gods Hill Road. Refer attached plan.

Discussion

Access to 26 Gods Hill Road is via a short segment of unmade road reserve that historically

connected Gods Hill Road to Pimpala Road. This connection has long since been closed to

through traffic at the interface with Pimpala Road following the construction of a sweeping

deviation alignment of Gods Hill Road to access Pimpala Road further to the east. This has resulted

in safer access grades at the intersection with improved intersection sight distance.

Allotment 218 Pimpala Road was previously owned by SA Water with a large water tank located

on it, previously utilised as part of the township water supply system. The tank is no longer used for

this purpose. This allotment does not have safe and convenient access directly to Pimpala Road

due to the large vertical grade separation along its northern boundary. Safe access is gained

from the unmade section of Gods Hill Road being considered for sale in this report.

Allotment 218 is currently also owned by Brenda Dutschke and as such its access can be made

via the adjacent winery land. Whilst this is appropriate for its current owner, if it was to ever be

sold in the future the access would need to be gained from the unmade section of Gods Hill Road.

If the segment of Gods Hill Road under consideration was sold to a third party, the future access

of Allotment 28 Pimpala Road would be an issue for Council to resolve. The issue would be

negated if Allotment 28 was merged with the adjacent 26 Gods Hill Road allotment (Dutschke

winery site) as part of the proposed overall land parcel merger process, thus ensuring free and

unrestricted access to Gods Hill Road for all abutting parcels of land. This is the intent of the

applicant – see attached email.

2017/503


The Road Opening and Closing process includes consultation with all neighbouring properties and

service authorities in terms of any perceived interest in the subject land, including access and

underground services rights.

All access to 18 Gods Hill Road is currently gained from Gods Hill Road proper and not the road

segment under consideration.

Underground services within the segment of Gods Hill Road being considered includes

communications (Telstra) and irrigation (BIL). In the event of sale, access to these would be

protected by easements to the relative authorities.


It can be demonstrated that the section of Gods Hill Road under consideration is:

required for access to 26 Gods Hill Road (winery land)

required for access to Allotment 28 Pimpala Road (water tank land), but this requirement

would be negated if allotment 28 was merged with the adjacent 26 Gods Hill Road

(winery land).

not required for connectivity of Gods Hill Road to Pimpala Road, as this is gained via the

Gods Hill Road deviation road.

not required for access to 18 Gods Hill Road to the east, as this is gained from the Gods

Hill Road deviation road.

With acceptance of the above, Council could consider the sale of the segment of Gods Hill Road

under consideration. Council conversely would not consider the sale of a road asset if it is required

for safe and convenient access to any adjacent property or land parcel as determined in the

Road Opening and Closing process.


Attachment 1 – Letter from Brenda Dutschke

Attachment 2 – Plan of Unmade Road Reserve

Attachment 3 – Email – Brenda Dutschke


Community Plan

Identify Theme/s (utilising the icons)

Natural Environment and Built Heritage

Infrastructure

1.11 Ensure the unique character of the rural landscape is appropriately managed.

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

Corporate Plan

6.1 Ensure that the community has access to information regarding the discussions held and

decisions made by Elected Members.


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

Road Opening and Closing process through a licensed surveyor engaged by the applicant.

2017/504


7.4.1.2

PROPOSED ROAD CLOSURE – 2017 A DAY ON THE GREEN

B5766

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

Council endorses the closure of the following road:

Para Road, Tanunda from Carl Drive to Stelzer Road between 7.45pm and 12 midnight

on Saturday 25 November 2017, and

Parking and speed restrictions along Para Road, Tanunda from Barossa Valley Way to

Stelzer Road, and,

Parking restrictions along Carl Drive, Hoffmann Avenue and Braunack Avenue, Tanunda

for a distance of 30 metres from Para Road

between 11.30am and midnight on Saturday 25 November 2017.

to stage the 2017 A Day On The Green at Peter Lehmann Winery.


PURPOSE

Roundhouse Entertainment has applied to The Barossa Council for support as they plan the 2017

A Day on The Green on Saturday 25 November 2017.

REPORT

Background

The requested road closure has been successfully deployed for previous events at the Peter

Lehmann Winery and assists with the safe and orderly egress of vehicles leaving the event.

Introduction

Promoters Roundhouse Entertainment began A Day on The Green in Victoria with the first show on

Australia Day 2001. Since then it has grown to become firmly established as one of Australia’s most

successful and respected outdoor concert events.

Peter Lehmann Winery on Stelzer Road, Tanunda traditionally hosts an event each summer and

to assist with the safe access and egress of patrons it is necessary to install parking restrictions, a

street closure and diversion of traffic on the night.


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

to maintain the safety of participants and the general public.

Roundhouse Entertainment have engaged Traffic Group Australia Pty Ltd to implement the traffic

management plan attached, including the installation, monitoring and removal of the

appropriate traffic management devices.


Traffic Group Australia Pty Ltd – Ingress and Egress Traffic Management Plans


Community Plan

2. Community and Culture

2017/505


4. Health and Wellbeing

Business and Employment

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

Council area.

2.6 Support a vibrant and growing arts, cultural, heritage and events sector.

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

5.13 Support economic development through events



Road Traffic Act 1961


Financial and Resources -

The implementation of the road closure is to be met entirely by Roundhouse Entertainment.

Risk management –

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

participants and the general public.

Organisers have been advised of the drainage upgrade and road reconstruction on Para Road

that will be underway, commencing 16 October for a period of 8-10 weeks.


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 SA Police (SAPOL) notice on Council’s website.

7.5.1. DIRECTOR DEVELOPMENT AND ENVIRONMENTAL SERVICES - DEBATE

7.5.1.1

DISABILITY ACCESS REVIEW COMMITTEE (DARC)

B5943

MOVED Cr Angas that Council:

(1) Formally dissolve the Disability Access Review Section 41 Committee as

established pursuant to Section 41 of the Local Government Act 1999.

(2) Acknowledge the transition of the Disability Access Review Committee to a

Disability Action and Inclusion Advisory Group.

(3) Retain the balance of the reserve funds, and make them available for the

implementation of the Disability Access and Inclusion Plan until the funds are

exhausted, and rename the reserve funds the DAIP Funds.

(4) Formally records its thanks to the Disability Access Review Committee members

past and present for their contribution to the Section 41Committee of Council.


PURPOSE

To seek Council decision to dissolve the Disability Access Review Section 41 Committee (DARC)

which is proposed to be replaced with a Disability Access and Inclusion Advisory Group, and have

2017/506


the reserve funds made available to the Advisory Group for implementation of the Disability Assess

and Inclusion Plan.

REPORT

Background

The Barossa Council was the first council to develop and implement a Disability Access Review

Committee (DARC). The Committee was established in 1996 with the aim of targeting shop and

business owners to create more accessible premises for people with disabilities.

The Committee was unique as it was accommodated within Council’s Building Surveying team.

Council representation on DARC has included; Vision Impaired Support Groups; Community

Health Services, TAFE, Disability Services, Barossa Enterprises and town management committee

representatives.

The late Mr Wes Liersch was the founding Chair from the Committee’s inception, until his passing

in 2014.

Committee membership has gradually declined, with recent meetings unable to meet quorum.

The last formal meeting of the S41 Committee was held 12 December 2016.

Introduction

The Local Government Act provides a clear role for local government to support social cohesion

and equity (social inclusion for all), this role being defined in LGA Chapter 2 (6 – Principal role of a

council).

The Disability Access Review Committee (S41) has previously formulated a Disability Action Plan,

which was last revised in 2011, and is now out of date.

Discussion

Since early 2014, DARC has sought (and succeeded) in commencing a regional approach with

Light Regional Council, Adelaide Plains Council and Town of Gawler, with the formulation of a

regional Disability Access and Inclusion Plan (DAIP) in accordance with the Regional Public Health

Plan. It was also considered that a regional approach was more cost effective, with the cost of

consultant engagement shared between the four councils.

The draft Regional DAIP addresses the principles of the Disability Discrimination Act 1992 and the

National Disability Strategy (NDS).

It should be noted that the State Government has released a new Bill that is focused on improving

access and inclusion for South Australians with disability to ensure that all citizens can participate

in their communities. Feedback is currently being sought on the draft Disability Inclusion Bill. The

Disability Inclusion Bill has a focus to reflect the landscape created by the NDIS and the State

Government’s commitment to the NDS. This focus will be on promoting the rights and inclusion of

South Australians with disability.

The new Disability Inclusion Bill proposes that State Government departments, statutory authorities

and local councils develop and implement a Disability Access and Inclusion Plan every four years

in consultation with people with disability.

The Department for Communities and Social Inclusion has taken an interested in our region as the

four councils finalise the Regional DAIP, which is seen to fulfil the requirements of the proposed

legislation.

The draft DAIP will be presented to Council for endorsement in 2018, following internal and external

consultation.


At this stage, Council Administration is working to transition from the existing DARC to the DAIP

Advisory Group, with invitation to existing members and other interested parties to participate in

2017/507


the group. This would allay the requirements now imposed on council committees by the Local

Government Act.

The first meeting of the Advisory Group is scheduled for November 2017at which time the Terms of

Reference will be developed.


Nil


Community Plan

Corporate Plan

2.3 Contribute to creating strong and sustainable community networks

3.7 Ensure infrastructure meets the needs of people with and provides for all abilities access.

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

4.5 Advocate for and encourage services and resources that ensure equity and support for

disadvantaged, disables and at risk members of the community.



Disability Discrimination Act 1992

Disability Inclusion Bill


Financial Management

The DARC reserve fund is $15,222. It is proposed that these funds remain available to the Advisory

Group to be used for the implementation of the Disability Access and Inclusion Plan until they are

exhausted. Any future expenditure for the plan’s implementation will be progressed through the

normal new initiative budget process.

It is recommended that the DARC Funds be renamed DAIP Funds.

Resources

Whilst the DARC was supported by Development and Environmental Services, it is intended that

the new Advisory Group will be supported by Council’s Community Services section. Council’s

building team will still provide technical input as required.

Risk Management

Nil


Nil

8. CONFIDENTIAL AGENDA – 9.45AM

8.1 DIRECTOR DEVELOPMENT AND ENVIRONMENTAL SERVICES - CONFIDENTIAL

8.1.1

GAWLER RIVER FLOODPLAIN MANAGEMENT AUTHORITY (GRFMA) LAND ACQUISITION

RESERVE FUND OPTIONS


Infrastructure


2017/508


This report relates to the funding options to facilitate purchase of land for a boundary

realignment of GRFMA land upon which the Bruce Eastick North Para River Flood

Mitigation Dam is located.

MOVED Cr Miller that:

(1) Under the provisions of Section 90(2) of the Local Government Act 1999 an order

be made that the public be excluded from the meeting, with the exception of the

Chief Executive Officer, Director – Development and Environmental Services,

Director – Community Projects, Group Manager – Corporate Services, Group

Manager – Community Services, Director – Works and Engineering, and the Minute

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

the Local Government Act 1999 being information the disclosure of which (i)

would divulge information provided on a confidential basis by or to a Minister of

the Crown, or another public authority (being in this instance GRFMA) or official

(not being an employee of the council, or a person engage by the council); and

(ii) would, on balance, be contrary to the public interest, because it could

prejudice the outcome of deliberation by other Constituent Council’s yet to

convene; and

(2) Accordingly, on this basis, the principle that meetings of the Council should be

conducted in a place open to the public has been outweighed by the need to

keep the information and discussion confidential.


RESUMPTION OF OPEN COUNCIL MEETING – 9.47AM

The open meeting of Council resumed at 9.47am.

In the matter 8.1.1 – Gawler River Floodplain Management Authority (GRFMA) Land

Acquisition Reserve Fund Options:

MOVED Cr Lange that Council:

(1) Confidential resolution.

(2) Having considered the matter in confidence under Section 90(2) and Section 90(3)(j)

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 17 October

2017 in relation to Confidential Item 8.1.1 – Gawler River Floodplain Management

Authority Land Acquisition Reserve Fund Options, other than the minutes relating to

this confidentiality order, be kept confidential and not available for public inspection

until the Board of the Gawler River Floodplain Management Authority authorises the

public release, and that the Chief Executive Officer be delegated the power to

review and revoke this order.

Seconded Cr Hurn CARRIED CO2014/18-64

ADJOURNMENT OF COUNCIL MEETING – 9.47AM

MOVED Cr de Vries that the meeting adjourn for a short break at 9.47am.


RESUMPTION OF COUNCIL MEETING – 9.59AM

The Council meeting resumed at 9.59am.

2017/509


VISITOR TO THE MEETING – 9.59AM

Mayor Sloane welcomed Mr Ivar Stanelis – Lightforce Rally SA to the meeting. Mr Stanelis

thanked Council for their assistance with the recent Lightforce Rally SA event and

presented a plaque to Mayor Sloane in appreciation for Council’s support.

Mayor Sloane thanked Mr Stanelis for his attendance.

VISITOR TO THE MEETING – 10.02AM

Mayor Sloane welcomed Mr Peter Brass, Chair, The Barossa Council Audit Committee to

the meeting.

Mr Brass provided a verbal annual report from the Audit Committee to the meeting.

Mayor Sloane thanked Mr Brass for his attendance and presentation.

9. REPRESENTATIVES ON COUNCIL COMMITTEES - REPORTS

Nil

10. OTHER BUSINESS

Nil

11. NEXT MEETING

Special Council meeting - Tuesday 17 October 2017 at 11.00am

Tuesday 21 November 2017 at 9.00am

12. CLOSURE OF MEETING

Mayor Sloane declared the meeting closed at 10.09am.

Confirmed at Council Meeting – Tuesday 21 November 2017

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

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