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2015/41 The Barossa Council Minutes of Council Meeting held on Tuesday 17 February 2015 MINUTES OF THE MEETING OF THE BAROSSA COUNCIL held on Tuesday 17 February 2015, 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 Dave de Vries (Deputy Mayor), John Angas, Christopher Harms, Leonie Boothby, Mark Grossman, Scotty Milne, Margaret Harris, Michael (Bim) Lange, Michael Seager and Tony Hurn 1.3 LEAVE OF ABSENCE Cr Richard Miller 1.4 APOLOGIES Nil 1.5 MINUTES OF PREVIOUS COUNCIL MEETINGS MOVED Cr Angas that the Minutes of the Council meeting held on Tuesday 27 January 2015 at 9.00am, as circulated, be confirmed as a true and correct record of the proceedings of that meeting. Seconded Cr Seager CARRIED 2014-18/161 MOVED Cr Angas that the Minutes of the Confidential Council meeting held on Tuesday 27 January 2015 at 9.53am, as circulated, be confirmed as a true and correct record of the proceedings of that meeting. Seconded Cr Lange CARRIED 2014-18/162 MOVED Cr Milne that the Minutes of the Confidential Council meeting held on Tuesday 27 January 2015 at 10.59am, as circulated, be confirmed as a true and correct record of the proceedings of that meeting. Seconded Cr Seager CARRIED 2014-18/163 MOVED Cr de Vries that the Minutes of the Confidential Council meeting held on Tuesday 27 January 2015 at 11.12am, as circulated, be confirmed as a true and correct record of the proceedings of that meeting. Seconded Cr Grossman CARRIED 2014-18/164

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Page 1: MINUTES OF THE MEETING OF THE BAROSSA COUNCIL held on ... · Council has supported the restoration project of the Hill and Son organ for over two decades. With this significant achievement

2015/41

The Barossa Council Minutes of Council Meeting held on Tuesday 17 February 2015

MINUTES OF THE MEETING OF THE BAROSSA COUNCIL

held on Tuesday 17 February 2015, 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 Dave de Vries (Deputy Mayor), John Angas, Christopher Harms, Leonie Boothby, Mark Grossman, Scotty Milne, Margaret Harris, Michael (Bim) Lange, Michael Seager and Tony Hurn 1.3 LEAVE OF ABSENCE Cr Richard Miller

1.4 APOLOGIES Nil

1.5 MINUTES OF PREVIOUS COUNCIL MEETINGS

MOVED Cr Angas that the Minutes of the Council meeting held on Tuesday 27 January 2015 at 9.00am, as circulated, be confirmed as a true and correct record of the proceedings of that meeting. Seconded Cr Seager CARRIED 2014-18/161

MOVED Cr Angas that the Minutes of the Confidential Council meeting held on Tuesday 27 January 2015 at 9.53am, as circulated, be confirmed as a true and correct record of the proceedings of that meeting. Seconded Cr Lange CARRIED 2014-18/162

MOVED Cr Milne that the Minutes of the Confidential Council meeting held on Tuesday 27 January 2015 at 10.59am, as circulated, be confirmed as a true and correct record of the proceedings of that meeting. Seconded Cr Seager CARRIED 2014-18/163

MOVED Cr de Vries that the Minutes of the Confidential Council meeting held on Tuesday 27 January 2015 at 11.12am, as circulated, be confirmed as a true and correct record of the proceedings of that meeting. Seconded Cr Grossman CARRIED 2014-18/164

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1.6 MATTERS ARISING FROM PREVIOUS COUNCIL MEETING 1.7 NOTICE OF MOTION Nil

1.8 QUESTIONS ON NOTICE Nil

2. MAYOR

2.1 MAYOR’S REPORT Mayor Sloane spoke to the report of his activities from 23 January to 9 February 2015.

MOVED Cr de Vries that the Mayor’s report be received. Seconded Cr Hurn CARRIED 2014-18/165

3. COUNCILLORS’ REPORTS

MOVED Cr Milne that his Councillor report be received. Seconded Cr de Vries CARRIED 2014-18/166

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 Milne that the information items contained in the Consensus Agenda, be received and that any recommendations contained therein be adopted. Seconded Cr Hurn CARRIED 2014-18/167

5.3 DEBATE OF ITEMS EXCLUDED FROM THE CONSENSUS AGENDA Nil

6. VISITORS TO THE MEETING/ADJOURNMENT OF MEETING

6.1 VISITORS TO THE MEETING – 10.22AM Presentation of Youth Grant certificates to Isaac Feltus and Rhys Cannizarro. Refer Minute Book page 2014/64 VISITOR TO THE MEETING – 10.24AM Mr Stephan Knoll MP – Member for Schubert. Refer Minute Book pages 2014/64-65

ADJOURNMENT OF COUNCIL MEETING – 10.35AM The Council meeting adjourned for a short break at 10.35am. Refer Minute Book page 2014/65 7. DEBATE AGENDA

7.1 MAYOR Nil

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7.2 EXECUTIVE SERVICES - DEBATE 7.2.1 CHIEF EXECUTIVE OFFICER

7.2.1.1 INSURANCE FOR HILL AND SON ORGAN B368 15/4524

MOVED Cr Angas that Council agree to insure the Hill and Son organ located at the Tanunda Soldiers Memorial Hall for $1,200,000 and support the annual insurance charge. Seconded Cr de Vries CARRIED 2014-18/168

INTRODUCTION

Council has supported the restoration project of the Hill and Son organ for over two decades. With this significant achievement and the uniqueness of the asset the level of insurance requires the decision of Council. Due to its community importance it is felt this is a decision that requires public policy judgement. Originally the prior Tanunda Council resolved to support the project with in-kind support only and the consideration of this report is seen as sound practice to ensure the wishes of the community to support the costs of insurance are transparent.

COMMENT

The restoration project of the Hill and Son Organ for over two decades has involved many thousands of hours of voluntary effort, resources and materials and the value of the organ is basically an unknown. The organ in its current form is not replaceable due to its uniqueness and it is therefore very difficult to determine what level of insurance should be held nor is there the experience to actually determine a true independent value and hence it is a public policy judgement decision. The Organ Historical Trust of Australia (OHTA) estimates full replacement at over $3,000,000 with the value of the restorative works around $1,200,000. The OHTA believe it would be extremely difficult to build an organ from scratch due to the amount of natural materials and the specialist skills no longer practiced.

Through consultation with Chair of the Barossa Regional Galley and the OHTA they believe an insurance value to cover major damage, or should the worst occur a value that could see another similar project to be funded is appropriate. The value considered appropriate if $1,200,000 for fire, vandalism, accidental damage, water damage and theft of components.

Attached Correspondence from the Organ Historical Trust of Australia

LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN

Strategic Plan: 1.5 – Culture – Barossa Regional Galley, Arts and Cultural Programs and Services 2.1 – Tourism

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

Currently Council has budgeted for and is supporting an insurance value of $1,030,000; cost of revised insurance arrangements of $1,200,000 is approximately $1,300 per annum a slight increase against the budget estimated at $250 per annum.

COMMUNITY CONSULTATION

Consultation with the Barossa Regional Gallery Chair and Organ Historical Trust of Australia has been undertaken, no further consultation is considered necessary.

7.2.1.2 LOCAL EMERGENCY RISK MANAGEMENT PROJECT B359, 14/18705, 14/29292, 14/43522

MOVED Cr Milne that Council endorse the Local Emergency Risk Management Project and agree to provide $15,000 of funding over a two year period to implement the project. Seconded Cr Angas CARRIED 2014-18/169

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INTRODUCTION

The management, preparation and recovery from emergency events is an ever present role for all tiers of government and community. For near on four years the State has been completing the Zone Emergency Management Risk Management System Project, which for the Barossa region will be completed and hopefully signed off by mid-year to late 2015. As outlined in a report to Council at its November 2014 meeting, copy attached, the next phase of work that can position the region for potential changes to disaster funding as outlined by the Productivity Commission, but equally important to take the years of regional analysis to local community action a project was developed, called Local Emergency Risk Management Project, and funding sought through the Natural Disaster Resilience Program (NDRP). The application and project scope are all attached which provides a detailed understanding of the targeted goals.

COMMENT

The Barossa Council, on behalf of Gawler, Mallala and Light Council’s applied for funding through the NDRP to achieve the project and this was matched with all in-kind support from Councils. Whilst the application was successful and Council was informed of its success from the NDRP in September 2014, letter attached, the achievement for cash funding was some $90,000 short. The shortfall amounted to the NDRP cash contribution being $35,000 less than hoped and a corresponding application to the Local Government Research and Development Fund for $55,000 was not supported, but I was instructed to approach Council’s insurer for support. During the period of being successful and achieving a grant to deliver the project of $183,884 from NDRP I have attempted to negotiate a funding contribution from alternative sources to no avail. I have also revised some of the project work, to reduce the cash shortfall which still sits at $60,000 over two years to achieve the targeted outcomes.

In trying to negotiate a third party source of funding, Local Government Risk Services informed me that they could not support the project directly but that Council’s should consider utilising the bonus payment provided in late 2014, as outlined in the November 2014 report to Council.

Ultimately the project has reached a point of either supporting it through a cash contribution of $15,000 from each Council over two years, try for a future NDRP and Local Government Research and Development Scheme grant at a future time or abandon the project. It is clear that with the reduction in resources for the Zone Emergency Risk Management Project being scaled back (with now only 3 officers supporting the whole state, whereas previous there were 6 officers on-ground and 2 further officers working with state level hazard leaders) any scope to do this work within the Zone Emergency Management Committee framework is non-existent.

In regard to each Chief Executive Officers position on this project they are willing to support the cost of $15,000 per Council, subject to Council approval. With this in mind, and in accordance with my report of November 2014 I am seeking Council’s review of the project and funding support. A similar report will be provided to the other Council’s seeking their support also, if all four parties support the project it will proceed.

This project aims to focus resources and effort in the preparedness, community resilience and mitigation efforts of local communities when disaster events occur. It is generally accepted in the emergency management field that investment in mitigation, resilience and preparedness is a more efficient and effective investment that post event recovery.

Attachments Project Scope and Positioning Document NDRP Application Council report of November 2014 NDRP – Letter of Grant Success Summary – NDRP Community Resilience Project Costing (Revised)

LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN

LEGISLATION: Emergency Management Act 2004 Local Government Act 1999 Section 7 COUNCIL STRATEGIC PLAN: 1.4 – Safety and Security – Disaster Recovery and Preparation

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

Financial, resource, risks, benefits and costs are outlined in the detailed submission and positioning documents included with this report.

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The cost of support in addition to in-kind support is $15,000. A summary project costing is also attached.

Funding for the 2014-15 year can be allocated from the bonus from Local Government Risk Services (being $7,000) above budget and 2015-16 from anticipated bonus payments.

COMMUNITY CONSULTATION

Community consultation is encompassed in the delivery of the project.

7.3.2 FINANCE - DEBATE

7.3.2.1 MONTHLY FINANCE REPORT (AS AT 31 JANUARY 2015) B411

MOVED Cr Milne that the Monthly Finance Report as at 31 January 2015 be received and noted. Seconded Cr Seager CARRIED 2014-18/170

INTRODUCTION

The Monthly Finance Report (as at 31 January 2015) was provided with the agenda for this meeting.

COMMENT

The Uniform Presentation of Financials report provides information as to the financial position of Council, including notes on material financial trends and transactions.

The report has been prepared comparing actuals to the Original 2014/15 Budget and incorporating the adopted Revised Budget for September 2014.

LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN

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

LGA Information paper no. 25 – Monitoring Council Budget Performance

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

To enable Council to make effective and strategic financial decisions, a regular up to date high level financial report is provided.

COMMUNITY CONSULTATION

Community Consultation was part of the original budget adoption process in June 2014, as per legislation. This report is advising Council of the monthly finance position compared to that budget.

7.3.2.2 MID – YEAR BUDGET REVIEW (AS AT 31 DECEMBER 2014) B345

MOVED Cr de Vries that the Mid-year Budget Review for 2014-15 (as at 31 December 2014) be received and the budget variations contained therein be adopted. Seconded Cr Harris CARRIED 2014-18/171

INTRODUCTION

The Mid-year Budget Review for 2014-15 (as at 31 December 2014) is attached for Council consideration and adoption of budget variations.

COMMENT

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, Summary of Capital Budget Variance Adjustments and the Financial Statements.

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The proposed variances between the original budget and the Mid-year Budget Review are listed on the operating and capital budget adjustment pages. The report also includes a quarterly review of the business units showing a high level financial report, new initiatives and capital expenditure.

LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN

Local Government Act 1999 Sect 123 (13)

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

Annual Budget/Business Plan Policy

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

To enable Council to make effective and strategic financial decisions, a regular up to date high level financial report is provided. 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

Community Consultation was part of the original budget adoption process in June 2014, as per legislation. This report is advising Council of the financial position as at 31 December 2014 compared to that budget.

7.3.3 MANAGER TOURISM SERVICES - DEBATE

7.3.3.1 CWA HALL FEE B2895

MOVED Cr Milne that Council approves the following fee schedule for bookings made by Council on behalf of the Country Women’s Association, Tanunda for the Country Women’s Association Hall, Tanunda for incorporation into Council’s Fees and Charges Register:

(1) New users: Not for profit: - $100 full day - $50 per meeting (meeting over 3 hours revert to full day booking)

Commercial: - $200 full day - $100 half day

Cleaning fee - $35

(2) Agrees to honour existing community groups fees until end of the 2014/15 financial year.

Seconded Cr Grossman CARRIED 2014-18/172

INTRODUCTION

With the development of the new Barossa Cycle Hub, the co-located Tanunda Country Womens Association (CWA) Hall also underwent a small renovation making it an attractive community space available for hire. With consultation with the CWA, the Barossa Visitor Centre has taken over the bookings function of the Hall facility on behalf of the CWA group. The Fees and charges need to be approved by Council

COMMENT

With the development of the Cycle Hub, Council staff have worked closely with the Tanunda CWA to ensure the preservation and promotion of the CWA Hall facility. During consultation it was discussed that

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the bookings process and management of the Hall was becoming cumbersome on members time and resources and that the bookings could be more efficient and convenient to community groups if managed by Council at the adjacent Visitor Centre. On the 4

th of December 2014, the CWA Tanunda branch voted unanimously in favour that:

1. The Barossa Visitor Centre/Barossa Council takes over bookings and management of the CWA Hall on behalf of the group commencing on the 1 January 2015.

2. The CWA would receive 10% commission on all Hire and would not pay hire fees for their own meeting use.

3. The Council review hire rates given they had not been reviewed for three years.

4. The Council would maintain the facility including cleaning, air conditioning servicing, electricity and water and minor maintenance.

To provide a more consistent approach across all users, the CWA Hall fees have been reviewed in line with other Council community halls and facilities. It was agreed with CWA, that Council would honour existing community groups current rates for the remainder of2014/15 financial year. These community groups have been contacted and advised of the new proposed rates to be applied in the 2015/16 financial year.

LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN

Council Strategic Plan 1.3 Recreation 1.5 Culture 2.1 Economic wellbeing

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

Financial The projected income for the CWA Hall Hire for the remainder of 2014/15 is $5000 with $2300 in expenses and $15,000 for 2015/16 with $3700 in expenses. Resource The Barossa Visitor Centre staff will support the booking process and management of the facility at their current resourcing levels to be reviewed in line with income and demand for the facility. Risk Management Risk is managed through the administration of Councils event application process for all bookings. Regular users will be managed by a licence agreement once the documentation is finalised.

COMMUNITY CONSULTATION

The new fees have been agreed in consultation with the Tanunda CWA and communicated to user groups, offering a transition to the new rates in 2015/16. Consultation is not required under policy or legislative requirements.

7.3.4 OTHER COMMUNITY SERVICES - DEBATE 7.3.4.1 CONSIDERATION AND ADOPTION OF COMMITTEE RESOLUTIONS

MOVED Cr de Vries that Council having reviewed the minutes of:

1. Lyndoch Hall Committee 2. Williamstown Soldiers Memorial Hall Committee 3. Williamstown & District Historical Society 4. Barossa Regional Gallery 5. Stockwell Recreation Park 5. Mount Pleasant Soldiers Memorial Hall & Main Street Committee 6. Angas Recreation Park 7. Angaston Management Group 8. Rowland Flat Community Centre Committee

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9. Tanunda Recreation Park 10. Barossa Bushgardens adopts the recommendations contained within the minutes of those Committees.

Seconded Cr Milne CARRIED 2014-18/173

INTRODUCTION

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.

COMMENTS

The minutes of the following committees are present for the consideration and adoption of Council.

Committee Minutes Of Link To Minutes

Williamstown Soldiers Memorial Hall Committee

2 February 2015 http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Williamstown%20Soldiers%20Memorial%20Hall%20Committee%20minutes%20of%202%20February%202015.pdf

Williamstown & District Historical Society

21 January 2015 http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Williamstown%20and%20District%20Historical%20Society%20Committee%20minutes%20of%20meeting%20held%2021%20January%202015.pdf

Barossa Regional Gallery

14 October 2015 http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Barossa%20Regional%20Gallery%20Committee%20minutes%20of%20meeting%20held%2014%20October%202014.pdf

Stockwell Recreation Park

7 January 2015 http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Stockwell%20Recreation%20Park%20Committee%20minutes%20of%207%20January%202015.pdf

Mount Pleasant Soldiers Memorial Hall & Main Street Committee

19 January 2015 http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Mount%20Pleasant%20Main%20Street%20and%20Soldiers%20Memorial%20Hall%20Committee%20minutes%20of%20meeting%20held%2019%20January%202015.pdf

Angas Recreation Park

10 December 2014

http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Angas%20Recreation%20Park%20Committee%20minutes%20of%20meeting%20held%2010%20December%202014.pdf

Angaston Management Group

25 November 2014

https://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Angaston%20Management%20Group%20Committee%20Minutes%20of%20Meeting%20-%2025%20November%202014.pdf

Rowland Flat Community Centre Committee

19 January 2015 https://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Rowland%20Flat%20Community%20Centre%20Committee%20Meeting%20-%2019%20January%202015.pdf

Tanunda Recreation Park

26 November 2014

http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Tanunda%20Recreation%20Park%20Minutes%2026%20November%202014.pdf

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Barossa Bushgardens

12 December 2014

http://www.barossa.sa.gov.au/Media/Default/Community%20and%20Cultural%20Services/Community%20and%20Recreational%20Facilities/Bushgardens/Minutes%20-%20Barossa%20Bushgardens%20Section%2041%20Meeting%2012%20December%202014.pdf

LEGISLATION /POLICY/ COUNCIL PLAN CONTEXT

Legislation Section 6, Local Government Act 1999

Strategic Plan 1.2 – Youth 1.3 – Recreation 1.4 – Safety and Security 1.5 – Culture 2.1 – Tourism 2.2 – Business and Industry 3.1 – Character and Heritage 3.2 – Environmental Sustainability 3.4 – Infrastructure 4.1 – Responsibility 4.2 – Service

Council Plans Prudential Management Policy Procurement Policy

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

Financial Considerations Williamstown Soldiers Memorial Hall Committee $208 banked $133.45 Lock and Key paid Cleaner to be paid honorarium. Manager Administrative Services contacted Committee to confirm amount. Awaiting response. Committee also notified that draft contract to be supplied to cleaner for commencement on 1 July 2015.

Williamstown & District Historical Society ANZAC memorial (Grant funded; Department of Veteran’s Affairs)

Moss Rocks $1500

Plaque $1628 (to be paid)

Stone mason $200 (account not in)

Concrete $1210

Barossa Regional Gallery Cookbook income – Bi monthly report indicated sales and deposits total $1806.75 One off payment to Sandie Hamence for cookbook sale expenses. Shop expenses higher than usual due to stock purchase. Cleaning invoice higher than usual due to increased hall use. Stockwell Recreation Park Total accounts for December 2014: $4262.83 Including caretaker payment, Telstra (mobile phone), fuel, irrigation, stationery, security and mower repairs Mount Pleasant Soldiers Memorial Hall & Main Street Committee Diane Anderson elected as Chair person Depot wages cost for road closure for Christmas party to be funded from works depot budget. Red Cross to hire chairs at no cost Public Toilets behind hall – increased opening hours 7am – 11pm. Trial for 3 months to assess any vandalism impact. Angas Recreation Park $460 income, proceeds from Men’s Club annual sale. Committee support relocation of Angaston Bowling Club to Angas Recreation Park.

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Tanunda Recreation Park Potential fundraising opportunity through James Lindner and dedicated night to raise funds to upgrade the Tanunda Show Hall. Future meetings to be held at Tanunda Bowling Club, payment of drinks and nibbles as hosted by Tanunda Bowling Club.

COMMUNITY CONSULTATION

Williamstown Soldiers Memorial Hall Committee Boer War Memorial could possibly be relocated to the RSL and Anzac memorial area so they are all located together. Committee recommending that the community be consulted.

7.4.1 WORKS AND ENGINEERING - DEBATE

7.4.1.1 ROAD NOISE ON BASEDOW ROAD, EAST OF MENGE ROAD, TANUNDA B1121

MOVED Cr de Vries that the matter lay on the table to enable staff to provide further information on measures which may be taken to reduce vehicular road noise on Basedow Road. A report will be provided to the next ordinary meeting of Council on 17 March 2015.

Seconded Cr Harms CARRIED 2014-18/174

INTRODUCTION

At the 22 January 2014 meeting of Council it was resolved:

That the condition of Basedow Road seal be monitored for twelve months before consideration of any intervention measure to reduce vehicular road noise and, if deemed warranted, this be performed in accordance with Council’s Asset Management Plan.

Subsequently a letter has been received from Trevor and Charmaine Klose dated 7 November 2014 requesting further information on this matter, and others which are being addressed separately to this report.

COMMENT

From the previous report, it is acknowledged that Basedow Road, East of Menge Road, Tanunda, is part of the gazetted Barossa Freight Route and is an important heavy vehicular access link for commercial and industrial activities through the Barossa, with recognised economic and safety benefits to the Barossa region.

As such, the road asset is maintained to perform at the required level of service to facilitate its freight route functions. In 2013 a re-seal treatment was undertaken utilising a two coat bituminous spray seal with nominal 16mm and 10mm aggregate layers. This treatment is consistent with the Department of Planning Transport and Infrastructure (DPTI) specifications for rural heavy vehicle road pavements and is the same treatment used by DPTI on their rural roads, including the Barossa Valley Way.

The pavement has been monitored over the wearing in period. It is clear that wearing of the stone surface and settling and pushing in of the stone aggregate with reduction in voids, and therefore reduction in noise from vehicle tyres, has occurred to an expected extent. This is evidenced by comparing the difference in un-trafficked edge pavement to the trafficked wheel path pavement. The degree of noise reduction however still does not satisfy the expectations of the adjacent residents.

Further noise reduction will occur over time as the pavement settles further but quick reduction rates will require the construction of a supplementary pavement overlay to further reduce voids between the aggregate stones.

Overlay pavement treatments and costs are summarised as follows:

Single coat 7mm stone spray seal pavement overlay is approximately $6/m2.

Emulsion surface overlay is about the same cost of $6/m2, but has road safety issues with vehicle tyres picking up water on wet days from the smoother laminated surface and spraying it excessively, due to the 80km/hr road speed, into oncoming and trailing traffic. Other issues are in terms of future treatment implications when the road is next resealed.

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7mm Asphaltic Concrete (Hotmix) overlay, nominal 20mm thickness (up to 30mm thickness in voids) is approximately $14/m2 to $15/m2

Given the spread of location of the affected residents along the length of Basedow Road – see attached and that complaint is experienced from some residents as much as 300 metres or more from Basedow Road, it may be required to seal the whole road length, rather than discrete sections in front of houses, to satisfy the expectations of the residents generally.

Section of Basedow Road Menge to Neldner Menge to Light Pass

Length of section 1,100m 2,200m

Width of road 8m 8m

Approx. cost - 7mm Spray Seal $52,800 $105,600

Approx. cost - Emulsion $52,800 $105,600

Approx. cost - nom 20mm Hotmix $123,200 $246,400

In the past Council has at times overlaid an additional 7mm Hotmix layer at some locations of significant turning movements or in front of homes along a road where dwellings are immediately adjacent to the road and excessive noise has been experienced, (i.e. Siegersdorf Road). The cost of hotmix seal treatment is approximately twice the cost of a two coat spray seal treatment and vehicular road noise would still be present to a degree.

The notion of lowering the Basedow Road speed to 60km/hr is not likely to garner support from (DPTI), the authorizing body for this activity, given the open rural nature of the road.

By virtue of Basedow Road being part of the Heavy Vehicle Freight Route, an amount of truck noise and vehicle pavement noise is to be reasonably expected, however, it would appear the expected level of service provided is less than the adjacent community expectations. The notion of what is going to meet expectations of the residents in this precinct is yet to be tested.

Attachments: Attachment: Location plan

LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN

COUNCIL STRATEGIC PLAN 3.4 Infrastructure

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

Nil

COMMUNITY CONSULTATION

Nil

7.4.1.2

REQUEST FOR ROAD NAMING – LAND DIVISION NORTH OF KALIMNA ROAD,

NURIOOTPA B773

MOVED Cr Angas that report Item 7.4.1.3 from the Council Meeting held on 17 January 2015 – Request for Road Naming – Land Division North of Kalimna Road, Nuriootpa, be lifted from the table for discussion. Seconded Cr de Vries CARRIED 2014-18/175

MOVED Cr de Vries that the unnamed roads within the land division located on the northern side of Kalimna Road, Nuriootpa be named as follows:-.

Road marked “Road A” be named Falland Avenue Road marked “Road C” be named King Street Road marked “Road D” be named Schmidt Street Road marked “Road E” be named La Nauze Street Road marked “Road F” be named Schiller Court Seconded Cr Milne CARRIED 2014-18/176

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INTRODUCTION

At its meeting held on 17 January 2015 Council considered Debate Agenda Works and Engineering 7.4.1.3 addressing request for road naming – land division north of Kalimna Road, Nuriootpa resolving:-

“that the matter lay on the table until later in this meeting to enable staff to provide further information regarding road names already allocated in Nuriootpa.”

COMMENT

The following names have been suggested and short listed for future new road names in the Nuriootpa region:

The name Falland was recommended for use within the nearby Hickinbotham land development by The Barossa Council at their meeting 15 June 2004 – see attached. This name was not used however, due to amendments within their street layout with a surplus of names resulting. It would appear appropriate to transfer the use of this name to the adjacent Kalimna Road land division. Other names approved at the same time but not used were “George Heath” and Vickery”.

Bob King was associated with the Nuriootpa Community Centre for many years, including the management of the Nuriootpa Swimming Pool facility. Bob was also instrumental in initiating the Barossa Bushgardens project - refer attached correspondence.

The Schmidt family have has been prominent in the area having managed land nearby for well over 50 years - refer attached correspondence.

Charles La Nauze was actively involved in the Nuriootpa community for many years and was a Councillor with the former District Council of Angaston for 8 years.

The Schiller family is well known in the area, having managed land nearby for well over 50 years - refer attached correspondence.

Road B is an extension of the existing Steinborner Street and continues the same name.

Attachments: Attachment 1: General Layout Plan Attachment 2: Memo re Street Names for Hickinbotham Subdivision, 15 June 2004. Attachment 3: Correspondence received providing suggestions for road names

LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN

COUNCIL STRATEGIC PLAN 3.4 Infrastructure

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

Nil

COMMUNITY CONSULTATION

Council continues to receive and consider suggested names for street/road naming from the community.

7.4.1.3

PROPOSED ROAD CLOSURE – 2015 BAROSSA AIR SHOW

B1045

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 12 April 2015, for the 2015 Barossa Air Show. Seconded Cr Hurn CARRIED 2014-18/177

INTRODUCTION

A request has been received from the St Jakobi 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 12 April 2015, for the Barossa Air Show.

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COMMENT

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

The committee has requested the closure of this 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.

To assist in the safe movement of all traffic it has also been requested that;

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.

Similar traffic management restrictions have been put into place for previous air shows.

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

LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN

COUNCIL STRATEGIC PLAN 2.1 Tourism

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

The road closure, temporary speed restrictions and parking restrictions are deemed necessary as a risk mitigation strategy to maintain the safety of participants and the general public.

The in-kind cost of this road closure will be funded via Council’s Road Closure - Support budget.

COMMUNITY CONSULTATION

Road closures will be published in the local papers. Event notification is the responsibility of the event organiser.

7.4.1.4

PROPOSED ROAD CLOSURE – 2015 NURIOOTPA BAROSSA BRUNCH

B1045

MOVED Cr Milne that the Commissioner of Police be advised that The Barossa Council endorses the closure of Murray Street, Nuriootpa between Gawler Street and the intersection of Old Kapunda and Penrice Roads between 8.00am and 2.00pm on Saturday 18 April 2015 for the purpose of the Barossa Brunch, which is part of the 2015 Barossa Vintage Festival. Seconded Cr de Vries CARRIED 2014-18/178

INTRODUCTION

A request has been received from the organisers of the Barossa Brunch for the temporary closure of Murray Street, Nuriootpa for the staging of the Nuriootpa Town Day – Barossa Brunch.

COMMENT

The Barossa Brunch is an official event of the 2015 Barossa Vintage Festival. The request is for the closure of Murray Street, Nuriootpa from Gawler Street to the intersection of Old Kapunda and Penrice Roads between 8.00am and 2.00pm on Saturday 18 April 2015.

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

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

LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN

COUNCIL STRATEGIC PLAN 2.1 Tourism

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

The road closure is deemed necessary as a risk mitigation strategy to maintain the safety of participants and the general public.

The in-kind cost of this road closure will be funded via Council’s Road Closure - Support budget.

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COMMUNITY CONSULTATION

Road closures will be published in the local papers. Event notification is the responsibility of the event organiser.

7.4.1.5

PROPOSED ROAD CLOSURE – 2015 ZIEGENMARKT

B1045

MOVED Cr de Vries that the Commissioner of Police be advised that The Barossa Council endorses the closure of John Street from William Street to Albert Street and Maria Street from Julius Street to Young Street between 6.00am and 12.00noon on Thursday 16 April 2015 for the Ziegenmarkt, which is part of the 2015 Barossa Vintage Festival. Seconded Cr Harms CARRIED 2014-18/179

INTRODUCTION

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 2015 Barossa Vintage Festival.

COMMENT

The request is for the closure of John Street from William Street to Albert Street and Maria Street from Julius Street to Young Street between 6.00am and 12.00noon on Thursday 16 April 2015.

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

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

Parking restrictions will also be implemented along one side of each of the surrounding streets, being Maria Street, John Street, Julius Street, Young Street and William Street to allow smooth passage of vehicles utilising the detours.

LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN

COUNCIL STRATEGIC PLAN 2.1 Tourism

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

The road closure and parking restrictions are deemed necessary as a risk mitigation strategy to maintain the safety of participants and the general public. The in-kind cost of this road closure will be funded via Council’s Road Closure - Support budget.

COMMUNITY CONSULTATION

Road closures will be published in the local papers. Event notification is the responsibility of the event organiser.

7.4.1.6

PROPOSED ROAD CLOSURE – 2015 BAROSSA VINTAGE FESTIVAL PARADE

B1045

MOVED Cr Grossman that the Commissioner of Police be advised that The Barossa Council endorses the following road closures and rolling road closure on Saturday 18 April 2015 for the purpose of the 2015 Barossa Vintage Festival Parade;

Road closure of Penrice Road, Nuriootpa between the Barossa Valley Tourist Park entrance and the intersection of Old Kapunda Road and Penrice Road, between 7.00am and 11.00am, and

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Road closure of Murray Street, Nuriootpa from the intersection of Penrice Road and Old Kapunda Road to Gawler Street, Nuriootpa between 8.00am and 2.00pm, (as per closure for the 2015 Barossa Brunch event), and

Rolling road closure along Murray Street, Nuriootpa commencing at Gawler Street and continuing along Tanunda Road and Barossa Valley Way, to the northern arch, Tanunda between 10.00am and 1.00pm, and

Road closure of Murray Street, Tanunda from the northern arch to Mill Street, Tanunda between 11.30am and 1.30pm, and

Road closure of Basedow Road, Tanunda between Murray Street and MacDonnell Street between 11.30am and 1.30pm, and

Road closure of Elizabeth Street, Tanunda between Murray Street and Maria Street between 11.30am and 2.00pm, and

Road closure of Bilyara Road, Tanunda between Elizabeth Street and Park Street between 11.30am and 2.00pm. Seconded Cr Boothby CARRIED 2014-18/180

INTRODUCTION

A request has been received from the 2015 Barossa Vintage Festival Committee for the closure of a number of roads for the staging of the 2015 Barossa Vintage Festival Parade, which is to be held on Saturday 18 April 2015.

Following consultation with the Committee, Council Operations staff and SAPOL the request will include road closures in Nuriootpa and Tanunda with a rolling closure between the two towns.

COMMENT

The Vintage Festival Parade commences in Nuriootpa at approximately 10.00am and the last float should reach Tanunda by approximately 1.30pm. Road closures will be required in Nuriootpa and Tanunda to accommodate the formation and disbursement of the parade floats.

A full road closure will be implemented along Penrice Road between the entrance to the Barossa Valley Tourist Park and the intersection of Old Kapunda Road and Murray Street, to allow the formation of the parade, any overflow will be contained within the Barossa Valley Tourist Park or parked in accordance with Australian Road Rules within local streets.

Murray Street between the intersection of Penrice Road and Gawler Street, Nuriootpa between 8.00am and 2.00pm will be closed to host the Barossa Brunch and allow for progression of the Parade.

A rolling closure will be implemented along Murray Street from Gawler Street, Nuriootpa, and then along Tanunda Road and Barossa Valley Way, to the northern arch, Tanunda for the progression of the parade.

A full road closure will recommence at the northern arch, Tanunda along Murray Street to the intersection of Mill Street, Tanunda between 11.30am and 1.30pm.

The floats will be directed to Elizabeth Street and Bilyara Road for disbursement and these roads will be closed to accommodate this process. To ensure safe disbursement of participants, larger vehicles will be accommodated along Murray Street from Elizabeth Street to Mill Street.

Temporary parking restrictions in side streets surrounding the Tanunda Recreation Park will be implemented as required.

LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN

COUNCIL STRATEGIC PLAN 2.1 Tourism

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

The road closure and parking restrictions are deemed necessary as a risk mitigation strategy to maintain the safety of participants and the general public.

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The in-kind cost of this road closure will be funded via Council’s Road Closure - Support budget.

COMMUNITY CONSULTATION

Road closures will be published in the local papers. Event notification is the responsibility of the event organiser.

7.5.1 GENERAL INSPECTOR - DEBATE

7.5.1.1 2015/2016 - DOG REGISTRATION FEES B14

MOVED Cr Milne that:

(1) Council adopt the following price schedule in relation dog registration fees for the 2015/2016 financial year, and that the fee schedule be forwarded to the Dog and Cat Management Board for approval;

Maximum Dog Registration Fee: $85.00

Desexed, Microchipped and Obedience Training Rebates to be set at:

40% for Desexed dogs 10% for Microchipped dogs 10% for Trained dogs

If a dog is eligible for more than one of the above rebates, these percentages are to be added and the total rebate applied.

New Dog Registration Rebates Fees for new dog registrations shall be calculated on a pro-rata basis according

to the month being registered as per the following schedule, with fees being rounded to the nearest whole dollar. These rebates are a percentage of the fee otherwise payable, shall apply only to dogs being registered for the first time and after other eligible rebates have been applied.

July: 100% August: 91.6% September: 83.3% October: 75.0% November 66.6% December 58.3% January 50.0% February 41.6% March 33.3% April 25.0% May 16.6% June 8.3%

Pensioner/Concession Rebate To be set at 50% and applies to a maximum of two dogs per property. The

pensioner rebate is to be deducted after all other qualifying rebates have been applied.

Working dogs (Dogs primarily kept for the droving or tending of stock) One set fee of $25

Racing Greyhounds (Dogs currently registered with the Greyhound Racing Association of SA) One set fee of $25

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Accredited Guide, Disability and Hearing dogs (Including dogs in training) Free as per legislation.

Impounding fees Initial impounding fee of $70.00, plus a daily sustenance fee of $15.00 per day or part thereof.

All registration renewal fees are calculated as a percentage of the maximum fee and rounded up to the nearest dollar, excluding set fees, as per following schedule.

2015/2016 Dog Registration Fee Schedule

Registration Type 2015/2016

Full Registration $85 Desexed $51 Microchipped $77 Trained $77 Concession $43 Working – One set fee $25 Desexed/ Concession $26 Desexed/Microchipped $43 Desexed/Microchipped & Concession $22 Desexed/Trained $43 Desexed/Trained & Concession $22 Desexed/Trained/Microchipped $34 Desexed/Trained/Microchipped/Concession $17 Trained/Microchipped $68 Trained/Concession $39 Microchipped/Concession $39 Microchipped/Trained/Concession $34 Greyhounds (Registered with Greyhound Racing Assoc.) $25 Business Registrations (Per dog) $85 Guide, Disability & Hearing Dogs Free Transfer fee from other Councils $5 New Disc or replacement registration disc $2 Late Registration Renewal Fee (if paid after 31 August) $20 Dog impounding Fees $70 Plus daily pound charge $15

(2) The Chief Executive Officer be authorised to write to the Local Government Association and the Chair of the Board outlining Council’s concerns in relation to the ageing legislation and the increasing disincentive for owners to register their dogs as a result of increasing annual registration fees and an outdated expiation fee structure.

Seconded Cr Grossman CARRIED 2014-18/181

INTRODUCTION

Council approval is required for any changes to dog registration fees for the 2015/2016 financial year. The Minister for Sustainability, Environment and Conservation has set the dog registration fee ‘cap’ at $85.00.

The Dog and Cat Management Board (the Board) and the Minister must also approve the fees prior to implementation. Applications by Council to increase registration fees for the 2015/2016 year must be received by the Board prior to 13 March 2015, to ensure sufficient time for ministerial approval.

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COMMENTS

Correspondence has been received from the Board requesting submissions for amendments to dog registration fee schedules for the coming financial year. The Board also advise that that the Minister for Sustainability, Environment and Conservation has set the dog registration fee ‘cap’ to $85.00 per annum. The letter from the Board was included with the agenda for this meeting.

Legislation provides that dog registration fees are set by each individual Council. The Minister and the Board must subsequently approve any fees set by a Council prior to implementation.

The Dog and Cat Management Act 1995 (The Act) states that Councils must give a rebate for dogs that are desexed and/or micro-chipped and/or obedience trained and that 10% of each dog registration received is to be paid into the State Government’s Dog and Cat Management Fund.

In 2014, Council approved a maximum dog registration fee of $70.00 for the 2014/2015 financial year. The current dog registration fees approved by the Minister and the proposed fees for 2015/2016 are as follows;

Registration Class 2014/2015 2015/2016

(Proposed)

Full Registration $70.00 $85.00

Concessional Registration $35.00 $43.00

Desexed $42.00 $51.00

Desexed / Concession $21.00 $26.00

Desexed / Microchipped $35.00 $43.00

Desexed / Microchipped / Concession $18.00 $22.00

Desexed / Trained $35.00 $43.00

Desexed / Trained / Concession $18.00 $22.00

Desexed / Trained / Microchipped $28.00 $34.00

Desexed / Trained / Microchipped / Concession $14.00 $17.00

Guide Dog $0.00 $0.00

Hearing Dog $0.00 $0.00

Microchipped $63.00 $77.00

Microchipped / Concession $32.00 $39.00

Microchipped / Trained / Concession $28.00 $34.00

Trained $63.00 $77.00

Trained / Concession $32.00 $39.00

Trained / Microchipped $56.00 $68.00

Racing Greyhound (Set Fee) $21.00 $25.00

Working Dog (Set Fee) $21.00 $25.00

Replacement Registration Disc $2.00 $2.00

Transferred from other Council $5.00 $5.00

Desexed Rebate 40% 40%

Training Rebate 10% 10%

Microchipped Rebate 10% 10%

Concession Rebate 50% 50%

New Registration Rebate (Dogs registered for the first time) Pro-Rata Pro-Rata

Late Registration Renewal Fee $20.00 $20.00

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Council has recently increased administrative support for the Department which is included within the current budget. In addition, officers will prepare a proposal to increase Council’s contingent of General Inspectorate staff as part of the new initiative process which will be put forward for Council consideration at a later date. Additional staffing will assist Council in providing a more thorough and more proactive service to the community in relation to the Act, but also the number of other jurisdictions covered by the General Inspectors. The additional resource will also provide relief for Council’s two current General Inspectors, given that they currently carry out in the vicinity of 240 hours of unpaid time annually, which is over and above their respective employment conditions.

Initial investigations indicate that such additional resourcing would cost Council in the vicinity of $37,000.00 for an officer for 2 days per week and $52,000.00 for three days a week. These figures include allowances for the officer to enter into the existing weekend on-call roster.

An opportunity presents for Council to apply the maximum fee which would result in an increase in registration revenue of approximately $36,000.00 based on previous registration figures. The increase to the maximum full registration fee represents a 21.5% increase from the current maximum fee.

The increase in revenue will assist Council fulfil its obligations under the Act.

It is proposed to continue the rebate which was approved for the current financial year for dogs being registered for the first time. The rebate will be calculated on a pro-rata basis according to the month of registration, which will provide incentive and benefit for dog owners registering their dogs with council part way through the registration year. This rebate shall apply after all other eligible rebates have been applied. This rebate will not apply to registration renewals or set registration fees.

Whilst application of the maximum registration fee would see a significant increase in revenue for Council, consideration needs to be given to a number of factors when setting registration fees and weigh the financial benefit against these factors.

The Act prescribes a range of offences and penalties, the expiation fee for these penalties have not been updated or increased since the commencement of the legislation.

It is not known when the legislation will be updated. The second part of the recommendation is to provide the Local Government Association and the Board with Council’s concerns in relation to the delay in updating the legislation and applicable expiation fees and penalties.

The current expiation fee for the offence of owning or keeping an unregistered dog currently remains at $80.00. An increase to the maximum registration fee of $85.00 would see a higher annual fee for a full registration than that of a penalty for owning or keeping an unregistered dog. This may provide a reduced incentive for owners to register their dogs with Council, subsequently providing an increase in the existing high workload for Inspectorate staff.

In 2013/2014, 4886 dogs were registered with Council which represents a large number of residents. Significant increases may incite some negative publicity to Council and its officers and cause potential financial strain for some dog owners, thereby increasing the percentage of dog owners who elect not to register their dogs with Council.

Officers have consulted with staff from several other Councils. General consensus was that the majority were anticipating a full registration fee of between $60.00 and $75.00 for the 2015/2016 financial year, albeit subject to the respective Council’s resolutions.

Given that applications to increase dog registration fees are to be submitted prior to 13 March 2015, a resolution of Council is required at the February Meeting to enable officers to provide the documentation as detailed for approval of the Board and Minister.

LEGISLATION / POLICY / COUNCIL STRATEGIC PLAN

LEGISLATION: Dog and Cat Management Act 1995

COUNCIL STRATEGIC PLAN: 1.4 Safety and Security

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

Revenue received pursuant to the Dog and Cat Management Act 1995 must be expended in the administration or enforcement of the provisions of the Act relating to dogs.

Impound Fee $60.00 $70.00

Plus Daily Sustenance Fee $15.00 $15.00

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Dog registration revenue and expenditure is included in the annual budget. Expenditure exceeds income in relation to dog management each year.

In 2014/15 Council budgeted for a deficit of approximately $127,000 in relation to dog management.

Based on previous dog registration figures, an increase in revenue of approximately $36,000 would be expected with the proposed fee schedule for the 2015/16 year.

10% of all dog registrations received must be paid into the State Governments Dog and Cat Management Fund.

COMMUNITY CONSULTATION

Consultation is not required under policy or legislative requirements.

7.5.1.2 REQUEST FOR EXEMPTION FROM COUNCIL’S BY-LAW #2 MOVABLE SIGNS B794

MOVED Cr de Vries that Council, pursuant to its By-Law #1, ‘Permits and Penalties’ advises the Department for Environment, Water and Natural Resources that:-

(1) It supports the Departments request to utilise their variable message sign trailer on roads within the Council area, contrary to Council’s By-Law #2, to promote educational messages to the community in relation to the management of pest plants, and

(2) Approval is given subject to the activity not presenting a hazard or compromising the safety of the public.

Seconded Cr Boothby CARRIED 2014-18/182

INTRODUCTION

The Department for Environment, Water and Natural Resources have written to Council requesting permission to use their Variable Message Sign (VMS) Trailer on roads within the Council area for the purpose of promoting educational messages to the community in relation to the management of pest plants.

COMMENTS

The Department for Environment, Water and Natural Resources (DEWNR) have requested formal approval to utilise a Variable Message Sign (VMS) Trailer as part of their community engagement strategy, to promote educational messages to the community in relation to the management of pest plants. The email of request is attached.

The use of these trailers for purposes other than traffic management is considered contrary to Council’s By-Law #2 Movable Signs.

Council’s By-law #2 Movable Signs governs the placement, design, construction and appearance of movable signs on roads within the Council area. VMS trailers are classed as movable signs and are outside of the design requirements set by Council’s By-Law. As such, approval is required for their use.

It is recommended that Council support the request given that the primary purpose is to promote important messages to the community and not for commercial benefit.

At the December meeting, Council provided its endorsement for South Australia Police to utilise their VMS Trailer on roads within the Council area as part of their community engagement strategy. When used on private property, these trailers are classed as Development pursuant to the Development Act 1993.

LEGISLATION / POLICY / COUNCIL STRATEGIC PLAN

LEGISLATION: Local Government Act 1999 By-Law #1 ‘Permits and Penalties’ By-Law #2 ‘Movable Signs’

COUNCIL STRATEGIC PLAN: 1.4 Safety and Security

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FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

Nil

COMMUNITY CONSULTATION

Consultation is not required under policy or legislative requirements.

7.5.2 ENVIRONMENTAL HEALTH - DEBATE

7.5.2.1 ZERO WASTE SA – ESTABLISHMENT OF GREEN INDUSTRIES SA CONSULTATION PAPER B194 14/60508

MOVED Cr Milne that Council requests the Director, Development and Environmental Services to respond to Zero Waste SA in context of the comments made within this report. Seconded Cr Seager CARRIED 2014-18/183

INTRODUCTION

Elected Members are referred to the Consultation Paper advising on the establishment of Green Industries SA, the agency that will replace Zero Waste SA. The State Government (Zero Waste SA) is seeking input from stakeholders prior to preparing legislation to bring the new organisation into effect from 1 July 2015.

COMMENT

As indicated within the Executive Summary of the Consultation Paper the State Government is facing economic challenges which require new responses built on economic diversity, and which capitalise on opportunities in the newly expanding markets in our region and has identified the waste management and resource recovery sector as one that requiring transformation.

It is expected that Green Industries SA will be funded through the solid waste levy through the Waste to Resources Fund. Currently fifty percent of the levy is transferred to the Waste Resources Fund with Zero Waste SA being authorised to use and invest a proportion of the fund. (Refer further comment below regarding the investment of Waste to Resources Funding.)

The track record of Zero Waste SA has been exceptional as highlighted in the report and forms and excellent base for the launch of the new Green Industries SA initiative.

As indicated within the Consultation Paper, the State Government is seeking views and opinions in relation to six broad questions it has posed in relation to the operation of Green Industries SA. Obviously, there will be other stakeholders who will have a closer affiliation with the work of Zero Waste SA, Government policy and broader industry involvement. Notwithstanding, the following comments are prepared for consideration by Council for response:- (1) What mechanism might allow Green Industries SA to build strong partnerships and collaborative

arrangements that reinforce and build the green economy?

It is intended that the State Government will continue to collect a waste levy to subsidize Green Industries SA.

Local government acts as agent for the collection of the portion of the waste levy and has in the past questioned the allocation of only 50% of the waste levy to Zero Waste SA, the remainder of the waste levy being diverted to general reserve. A starting point for the transition to Green Industries SA should be that all funds raised via the waste levy be directed to support operations and to assist with the funding of new “green” initiatives within the waste management sector. Greater levels of State Government transparency in administration would build on the strong partnerships and collaborative arrangements that exist and provide confidence in moving forward.

The “green economy” is a global industry in itself and necessitates that its players need to be innovative to be sustainable from a business perspective and moreover, to initiate and implement outcomes that will ultimately benefit the environment. A strong baseline is established in South

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Australia in relation to waste, alternative energy solutions and water management which should be further promoted as a means of encouraging innovation in other forms of green industry initiatives which will strengthen the local economy.

(2) What should the scope for Green Industries SA? Is the proposed scope too narrow or too broad?

The State Government has determined its ten priorities for people and business to thrive, and has further identified how Green Industries SA can support the strategies identified. The scope is broad and rightly should be to encourage innovation. Obviously, it will be incumbent upon the board of Green Industries SA and State Government to pick “winners” in terms of the projects it sees as having development merit and long term environmental and economic benefit.

(3) To what extent should Green Industries SA take responsibility for the delivery of education and waste services e.g. the Wipe out Waste schools program and service such as household and farm chemicals collection? If Green Industries SA does not carry out these roles, which other organisation might do so? Which of these activities add value to the Green Economy?

The three programs listed above have been well accepted by community and can demonstrate some important environmental outcomes. They need to continue, however it may not be Green Industries SA that is best placed to deliver the programs.

The Wipe out Waste Schools Program is one that the Department for Education should be able to provide within its basic school’s curriculum without having to duplicate education resources.

The provision of collection programs for household and agricultural chemicals could be funded by the respective industries under a product stewardship arrangement in the same way as “drumMuster" operates, accepting that it represents a major shift in responsibility and will require Commonwealth government support by way of legislative change.

(4) What should be the skill set of a board to oversee Green Industries SA? How should the board engage with stakeholders?

The skill set and experience in areas identified for the new board within the Consultation paper are supported.

A starting point for the new board may be the re-appointment of interested members of the current Zero Waste SA board who meet the respective requirement, albeit that the number of members will be reduced.

(5) Is there a need to assist industry in accessing capital to encourage appropriate investment in the Green Economy in South Australia?

In more recent times it has been accepted that Commonwealth and State Governments will assist industry to invest in new private sector development and indeed, also with local government providing green services. This is important within the “green economy” as many of the new business initiatives are influenced by government legislation reform for social and environmental reasons.

The Consultation paper acknowledges that the United Kingdom Green Investment Bank and other overseas experiences have demonstrated beneficial levels of investment, so it would seem appropriate that a similar opportunity provided by either the Commonwealth or State Government would prove productive subject to a mandatory process of assessment and evaluation for long term social and environmental outcomes for such projects and financial sustainability.

(6) How could South Australia benefit and build a more positive export return on its investment using its knowledge and experience? How should it work with business to achieve this? How could the private sector best benefit from such arrangements? How can infrastructure investment help build local industry capacity and innovation that also enable greater export orientation?

. A review of the governance and legislative provisions to free current restrictions on the commercialisation of the Zero Waste SA’s intellectual property allowing opportunities for investment would appear appropriate if Green Industries SA is to be identified as being “open for business” and encouraging partnerships with the private sector.

Such arrangements should identify and promote opportunities for local, national and international investment which will provide both a financial return to the State and help promote our “clean and green” image within the global tourism market.

It will be important for State Government to demonstrate a pro-active approach in attracting green industry development.

The provision of supporting infrastructure will prove an important catalyst for such development, as without it the State will not be able to compete with interstate or international opportunities.

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With the severe reduction in the manufacturing industry likely to occur as the result of the closure of General Motors Holden, it will be important for the State to identify and promote any opportunity for industry and associated investment.

LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN

LEGISLATION: Zero Waste SA Act Environment Protection Act COUNCIL STRATEGIC PLAN: 3.2 Environmental Sustainability 3.3 Waste

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

Zero Waste SA has provided important funding incentives for both metropolitan and regional waste management initiatives assisting local government to refine waste collection and disposal processes and meet service levels requested by community. It is important that Green Industries SA continues to build on the successes of Zero Waste SA and identifies Local Government as an important partner in managing waste primarily, but also supporting many other environmentally sustainable initiatives that may be pursued by the State Government.

COMMUNITY CONSULTATION

Council is responding to a request form the State Government for comment in relation to the Establishment of the Green Industries SA Consultation Paper. It is not necessary for Council to consult with community in respect of this matter.

CONFIDENTIAL MATTER – 10.04AM

8.1 MAYOR Mr Martin McCarthy, Chief Executive Officer, disclosed a conflict of interest in the matter 8.1.1 as the discussion is directly related to his employment and left the meeting at 10.04am along with all other members of staff, Mr Ian Baldwin, Director Development and Environmental Services, Mrs Jo Thomas, Director Corporate and Community Services, Mr Ben Wright, Acting Director Works and Engineering, Ms Taryn Wills, Communications Officer and Ms Lorraine Walsh, Executive Assistant.

8.1.1 MID YEAR CEO PERFORMANCE TARGET The matter and supporting documents of the agenda disclose personal information related to the performance of the Chief Executive Officer as contemplated by Section 90(3)(a) and 90(9)(b) of the Local Government Act (Act) and therefore pursuant to Section 90(3)(a) of 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).

MOVED Cr de Vries 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 in order to consider in confidence a report and documents relating to Section 90(3)(a) of the Local Government Act 1999 relating to the Mid Year CEO Performance Target Report, being information that would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead) in that it discloses a mid year report against the Chief Executive Officer performance the employment performance of the Chief Executive Officer over the preceding year; and

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(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.

Seconded Cr Hurn CARRIED 2014-18/184

RESUMPTION OF OPEN COUNCIL MEETING – 10.21AM The open meeting of Council resumed at 10.21am. In the matter 8.1.1 - Mid Year CEO Performance Target:

MOVED Cr Milne that:

(1) Council receive and note the mid year CEO performance report.

(2) 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.

Seconded Cr Boothby CARRIED CO2014-18/6

VISITORS TO THE MEETING – 10.22AM With the leave of the meeting it was agreed to bring forward the presentation of certificates to Youth Grant recipients from 10.30am. Mayor Sloane welcomed Isaac Feltus and Rhys Cannizzaro to the meeting. Isaac and Rhys represented Central Districts Basketball Club at the 2014 U14 Boys Australian Club Championships in Albury in September and October 2014 and both received a Youth Grant of $200 from Council. Mayor Sloane thanked Isaac and Rhys for their attendance at the meeting and presented them with Youth Grant certificates. VISITOR TO THE MEETING – 10.24AM Mayor Sloane welcomed Mr Stephan Knoll MP, Member for Schubert to the meeting. Mr Knoll made a presentation to Council on several issues including:

Health services/hospital

Local public transport

Greater support for local industry including tourism, wine, food

Planning issues

Stronger economy through State budget improvements

ADJOURNMENT OF COUNCIL MEETING – 10.35AM

MOVED Cr de Vries that the meeting adjourn for a short break at 10.35am. Seconded Cr Seager CARRIED 2014-18/185

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RESUMPTION OF COUNCIL MEETING – 10.51AM The Council meeting resumed at 10.51am. CONFIDENTIAL MATTER – 10.51AM 8.2.1 TENDERING – SEALED ROAD SURFACING WORKS – 2014/13 REPORT As this item is a Tender all details are to be considered in confidence to protect commercial information provided through the tender process and the report, attachments and associated documents need to remain in confidence until the end of the meeting so as not to divulge commercial information, and therefore pursuant to Section 90(3)(k) being tenders for the supply of goods, the provision of services or the carrying out of work. Cr Seager disclosed a conflict of interest in the matter 8.2.1 – Tendering – Sealed Road Surfacing Works – 2014/13 as he is a shareholder in two of the companies being considered for this tender and left the meeting at 10.51am.

MOVED Cr Milne 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, Acting Director - Works and Engineering Services, Director - Corporate and Community Services, Director – Development and Environmental Services and the Minute Secretary, in order to consider in confidence a report relating to Section 90(3)(k) of the Local Government Act 1999 the receiving of tenders for the Sealed Road Surfacing Works – 2014/13 being tenders for the supply of goods, the provision of services or the carrying out of works, which is specifically all tender details considered in confidence to protect commercial information provided through the tender process; 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.

Seconded Cr Hurn CARRIED 2014-18/186

RESUMPTION OF OPEN COUNCIL MEETING – 11.08AM The open meeting of Council resumed at 11.08am.

MOVED Cr Angas that Council having:

(1) Confidential resolution

(2) Considered this matter in confidence under Section 90(3)(k) of the Local Government Act 1999 makes an order pursuant to Section 91(7) of the Local Government Act 1999, that the Report, Attachments and associated documents in relation to Confidential Item 8.2.1 of the Council Meeting held 17 February 2015 and titled Tendering – Sealed Road Surfacing Works – 2014/13, other than the minutes relating to this confidentiality order, be kept confidential and not available for public inspection until the end of the contract and that the Chief Executive Officer be delegated the power to review this order prior to 17 February 2016.

Seconded Cr Milne CARRIED CO2014-18/7

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Cr Seager returned to the meeting at 11.08am.

9. REPRESENTATIVES ON COUNCIL COMMITTEES – REPORTS Nil 10. NEXT MEETING Tuesday 17 March 2015 at 9.00am. 11. CLOSURE OF MEETING Mayor Sloane declared the meeting closed at 11.09am.

Confirmed at Council Meeting – Tuesday 17 March 2015

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

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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 17 February 2015 commencing at 10.04am.

MEMBERS PRESENT Mayor Bob Sloane and Crs Dave de Vries (Deputy Mayor), John Angas, Michael Seager, Margaret Harris, Leonie Boothby, Mark Grossman, Bim Lange, Scotty Milne, Christopher Harms and Tony Hurn

OFFICERS PRESENT

There were no officers present at this meeting. LEAVE OF ABSENCE Cr Richard Miller

APOLOGIES Nil

8.1.1 MID YEAR CEO PERFORMANCE REPORT E1200

MOVED Cr Milne that:

(3) Council receive and note the mid-year CEO performance report.

(4) 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.

Seconded Cr Boothby CARRIED CO2014-18/6

INTRODUCTION

In accordance with good practice a review of the CEO’s performance against his 2014-15 year targets has been undertaken and was supplied with the agenda for this meeting.

COMMENT

The previous Council set target goals for the CEO at his performance review in June 2014. A mid year report has been provided and demonstrates CEO performance against the targets sets; the vast majority of targets have been actioned and are on track and commentary provided on all status of all actions. Attachment

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Mid Year CEO Performance Report

LEGISLATION / POLICY / COUNCIL STRATEGIC PLAN

Strategic Plan Governance and Organisation – People Legislation Chapter 7 – Council Staff Part 1 – Chief Executive Officer Section 99 – Role of Chief Executive Officer

FINANCIAL AND RISK MANAGEMENT CONSIDERATIONS

Management of the Chief Executive Officers performance is paramount to the performance of the Council in all facets from strategic policy implementation to financial sustainability, risk management and most importantly community development and support.

PUBLIC CONSULTATION

Not required.

CLOSURE OF CONFIDENTIAL MEETING There being no further business, the confidential meeting closed at 10.21am.

Confirmed at Council meeting Tuesday 17 March 2015

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

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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 17 February 2015 commencing at 10.51am

MEMBERS PRESENT Mayor Bob Sloane and Crs Dave de Vries (Deputy Mayor), John Angas, Margaret Harris, Leonie Boothby, Mark Grossman, Bim Lange, Scotty Milne, Christopher Harms and Tony Hurn

OFFICERS PRESENT

Mr Martin McCarthy, Chief Executive Officer, Mrs Joanne Thomas, Director Corporate and Community Services, Mr Ian Baldwin, Director Development and Environmental Services, Mr Ben Wright, A/Director Works and Engineering and Ms Lorraine Walsh, Executive Assistant LEAVE OF ABSENCE Cr Richard Miller

APOLOGIES

Nil

8.2.1 TENDERING – SEALED ROAD SURFACING WORKS 2014/13 B2583

MOVED Cr Angas that Council having: (1) Considered the Tender Evaluation Report awards the tender for

Sealed Road Surfacing Works to Downer EDI Works Pty Ltd for a total up to $1,150,000 (ex GST) for the 2014/15 financial year and that an option for a “One Plus One” year with a rise and fall adjustment mechanism in the contract.

(2) Considered this matter in confidence under Section 90(3)(k) of the

Local Government Act 1999 makes an order pursuant to Section 91(7) of the Local Government Act 1999, that the Report, Attachments and associated documents in relation to Confidential Item 8.2.1 of the Council Meeting held 17 February 2015 and titled Tendering – Sealed Road Surfacing Works – 2014/13, other than the minutes relating to this confidentiality order, be kept confidential and not available for public inspection until the end of the contract and that the Chief Executive Officer be delegated the power to review this order prior to 17 February 2016.

Seconded Cr Milne CARRIED CO2014-18/7

Minutes out of Confidence 17 February 2016

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INTRODUCTION

Tenders for Sealed Road Surfacing Works – 2014/13 have been received and have been assessed for Council consideration.

COMMENT

Council invited tenders from Tenderers for the supply and lay of asphalt and spray seal roads within the Council area in accordance with the Annual Road Maintenance Program for 2014/15, with a possible one year extension in accordance with the Transport Asset Management Plan and observed road conditions. The contracted work may also include maintenance such as sealed path maintenance, crack sealing, deep lift road patching and reinstatement of line marking. Works were to be carried out in accordance with the South Australian Government’s Department for Planning Transport and Infrastructure (DPTI) Master Specification for Road-works and Bridge-works. The contract type provided an option to be executed with either a single successful tenderer for all asphalt and road spray seal works or asphalt works and spray seal works with separate tenderers. The term of the contract is proposed to commence in February 2015 and expire on 30 June 2015 with a possible one-year extension. In 2014/15, Council allocated a budget of $1,393,699 for asphalt and road spray seal works. It is intended that the contract sum be in the order of $1,150,000 (ex GST) for indicative quantities of 100,000m

2 spray seal and 2,000 tonnes of asphalt works.

The tender was released on 26 November 2014 via an open tender process advertised within the SA Tenders and Contracts website. Tenders closed at 2.00pm on Thursday 18 December 2014. Four tenders were received and assessed in accordance with Council’s Procurement, Sourcing and Selection Process by a Tender Evaluation Panel consisting of: the Manager – Operations, Manager - Strategic Projects and Risk Manager. A Tender Evaluation Panel Report (see attached) was prepared summarising the Evaluation Panel’s assessment of compliance with pre-qualification criteria and evaluation of qualitative criteria using a weighted scoring system as follows:

Business Capability – 20%

Technical Resources – 15%

Work Health and Safety – 10%

Environmental Sustainability – 5%

Reliability – 10%

Price – 40% Detailed analysis of the Evaluation Panel’s assessment of Tenderers against the above criteria and justification for the allocation of scores is provided within the Tender Evaluation Panel Report and its nominated attachments. Overall, the Tender Evaluation Panel resolved that Downer EDI Works Pty Ltd was the preferred Tenderer based on the following:

the Company’s overall highest score in the tender evaluation process;

stability of the company’s financial capacity;

the existence of comprehensive triple accredited management systems within the company, which are considered essential for a contract of this nature and the type of works to be carried out;

the strength of the company’s technical knowledge, and availability of appropriate resources, clear focus on continuous improvement and experience within the industry;

competitive schedule of rates; and

the company’s assurance that it has capacity to deliver on the spray seal portion of works in the 2014/15 financial year, which is a critical consideration given the impact or seasonal

Minutes out of Confidence 17 February 2016

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influences on not only the capacity for the works to be carried out, but also the overall quality for the works.

Attachments: Attachment 1: Tender Evaluation Report

LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN

Strategies: 3.4 Infrastructure

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

In 2014/15, Council allocated a budget of $1,393,699 to the Road Resealing Capital Budget. At present, $240,000 has been expended. It is anticipated that the contract sum will be in the order of $1,150,000 (ex GST) for indicative quantities of 100,000m

2 spray seal and 2,000

tonnes of asphalt works during 2014/15. The Tender Evaluation Panel believes that the tender process has resulted in a strong value for money outcome for Council, with the preferred Tenderer’s rates calculated as being 9.44% less for Asphalt and 16.39% less for spray seal compared to the closest tendered rates (based on applying unit rates to 2013/14 projects for comparison). In addition, when compared with Council previous contracts for asphalt and spray seal works, Downer EDI Works’ tendered rates represent an overall saving of 6.35% for Asphalt and 2.07% for spray seal (based on applying unit rates to 2013/14 projects for comparison).

As part of Council’s review of its Procurement Policy and overarching Procurement Framework, this tender used the amended Policy and associated template documents. As a result, advertising of the tender was delayed until November 2014, and it is acknowledged that the approach has impacted critical timeframes. Appointing an experienced contractor with adequate resources to deliver the 2014/15 program of works is considered critical. The Tender Evaluation Report summarises the financial, resource and risk management considerations in more detail.

In accordance with Council’s Procurement Policy, the Tender Evaluation Report is being presented directly to Council for approval rather than the Tender Committee, as the value of the contract exceeds $500,000.

COMMUNITY CONSULTATION

This tender was advertised on the SA Tenders and Contracts website from 26 November 2014, with tenders closing on Thursday 18 December 2014. Tender submissions included provision for tenderers to confirm their proposed processes for notifying residents and ratepayers of on-site works via a customer service plan.

CLOSURE OF CONFIDENTIAL MEETING There being no further business, the confidential meeting closed at 11.08am.

Confirmed at Council meeting Tuesday 17 March 2015

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

Minutes out of Confidence 17 February 2016