minutes of the meeting of the barossa council...ms julie fiedler, executive officer, horse sa –...

2015/304

The Barossa Council Minutes of Council Meeting held on Tuesday 15 September 2015

MINUTES OF THE MEETING OF THE BAROSSA COUNCIL

held on Tuesday 15 September 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 (9.11am), Leonie

Boothby, Mark Grossman, Michael (Bim) Lange, Margaret Harris, Michael Seager, Tony

Hurn, Richard Miller and Christopher Harms

1.3 LEAVE OF ABSENCE

Cr Scotty Milne

1.4 APOLOGIES

Mayor Sloane advised that Cr John Angas had advised that due to personal reasons he

would be arriving late to the meeting.

MOVED Cr Miller that the apology for lateness tendered by Cr Angas be noted.

Seconded Cr Hurn CARRIED 2014-18/365

1.5 MINUTES OF PREVIOUS COUNCIL MEETINGS

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

August 2015 at 9.00am, as circulated, be confirmed as a true and correct record of the

proceedings of that meeting.

Seconded Cr Seager CARRIED 2014-18/366

1.6 MATTERS ARISING FROM PREVIOUS COUNCIL MEETING

Nil

1.7 NOTICE OF MOTION

Nil

1.8 QUESTIONS ON NOTICE

Nil

2. MAYOR

2.1 MAYOR’S REPORT

2015/305


A copy of Mayor Sloane’s activities from 14 August to 7 September 2015 was included

with the agenda for this meeting.

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

Seconded Cr Harms CARRIED 2014-18/367

3. COUNCILLOR REPORTS

A copy of Cr Lange’s report on his attendance at the 2015 Roads and Works

Conference held recently at Murray Bridge was included with the agenda for this

meeting.

MOVED Cr Lange that his Councillor report be received.

Seconded Cr Miller CARRIED 2014-18/368

4. CONSENSUS AGENDA

5. ADOPTION OF CONSENSUS AGENDA

5.1 ITEMS FOR EXCLUSION FROM THE CONSENSUS AGENDA

Nil

5.2 RECEIPT OF CONSENSUS AGENDA

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

received and that any recommendations contained therein be adopted.


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

10.00am

Ms Julie Fiedler, Executive Officer, Horse SA – update on the Kidman Trail, planned horse

trail to Penrice and support for a region-wide recreational trails tourism plan (Refer

Minute 015/322)

10.30am

Presentation of Youth Grant Certificate to Katina Glouftsis

(Refer Minute Page 2015/322)

6.2

ADJOURNMENT OF COUNCIL MEETING

9.30am

Strategic Planning and Development Policy Committee meeting


11.00am


7. DEBATE AGENDA

7.1 MAYOR

2015/306


7.1.1

ELECTED MEMBER TRAINING AND DEVELOPMENT

B508

Cr Lange disclosed a conflict of interest in the matter 7.1.1 Elected Member Training

and Development, as his attendance at the State Roads Conference was the subject

of the report, and left the meeting at 9.04am.

MOVED Cr Miller that Council, in compliance with Clause 4.3.2(ii) of the Elected

Member Training and Development Policy, ratify the approval for Cr Lange’s

attendance at the State Roads Conference.

Seconded Cr de Vries CARRIED 2014-18/370

INTRODUCTION

Council at its meeting of March 2015 adopted a revised Elected Member Training and Development Policy which outlined the approved training and process for alternative training approvals as and when they

arise.

COMMENT

Recently Cr Lange attended the State Roads Conference and ratification of this attendance is required in accordance with clause 4.3.2 (ii) of the Policy.

Cr Lange had sought advice prior to the event as to the need for Council approval and was advised that as the cost of the actual conference was less than $500 attendance did not require approval, however the

policy actually states that all costs must be calculated and when this is greater than $500 Council approval

is required. Cr Lange undertook the correct process, but due to initial advice the timing for necessary

approvals had past. The Policy contemplates this or urgent training needs and provides for the Mayor to

approve such attendance but for purposes of transparency the Policy requires this to be ratified at the next

available Council meeting.

Cr Lange as a member of the Strategic Asset Management Advisory Committee and with his past knowledge of road infrastructure issues was well placed to attend the conference held at Murray Bridge

and thus the request was approved.

Attachment

Elected Member’s Training and Development Request Form

LEGISLATION/POLICY/COUNCIL STRATEGIC PLAN

Legislation

Local Government Act 1999, S80A

Strategic Plan

Governance and Organisation – 4.1 Responsibility and 4.4 People

FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS

Elected members training and development budget has sufficient funds to support the request.

COMMUNITY CONSULTATION

No public consultation is required or considered appropriate.

Cr Lange returned to the meeting at 9.06am.

7.1.2

LIGHT REGIONAL COUNCIL – SHANDONG CHINA REPORT

B179

MOVED Cr de Vries that Council receive and note the correspondence from Light

Regional Council and their Chief Executive Officer’s Shandong China report and

consider future strategies after receiving a briefing at the November 2015 workshop

2015/307


from the President of the South Australian Branch of the Australia China Business

Council.


INTRODUCTION

Council may be aware of the recent delegation to China hosted by the Premier to further open up relationships with the Shandong province and develop economic and trade opportunities for South

Australia. Light Regional Council Chief Executive Officer attended and has provided a report to share with

Council.

COMMENT

Attached to this report is the report of Light Regional Council Chief Executive Officer for Council review.

I have arranged for Mr Sean Keenihan as President of the South Australian Branch of the Australia China Business Council to brief Council at the November workshop regarding the State China strategy and

opportunities for Council involvement. Subsequent to this briefing we can then consider future strategy

alignment with the State’s strategy.

Attachments

Letter and Report from Light Regional Council and their Chief Executive Officer


Strategic Plan

Economic Wellbeing – 2.1 Tourism and 2.2 Business and Industry


Not applicable at this time.


No public consultation is required or considered appropriate.

Cr Angas entered the meeting at 9.11am.

7.1.3

FINANCIAL ASSISTANCE GRANTS TO LOCAL GOVERNMENT

B2565

MOVED Cr de Vries that Council:

(1) Receive and note the correspondence and information provided at the

attachments.

(2) Acknowledge the ongoing funding of the Commonwealth for the provision of

Financial Assistance Grants which support the delivery of services to our

community and that the Mayor write to the Minister for Infrastructure and

Regional Development expressing Council’s appreciation.

(3) Acknowledge the State’s ongoing management of the Financial Assistance

Grants process and the ongoing funds provided which support delivery of

services to our community and that the Mayor write to the Minister for Local

Government, The Hon Geoff Brock expressing Council’s appreciation.

Seconded Cr Lange CARRIED 2014-18/372

INTRODUCTION

Councils across Australia are allocated annual funding under the Financial Assistance Grants provided through the Commonwealth budget managed through the State Local Government Grants Commission.

2015/308


This report outlines the 2015-16 financial year allocation made to The Barossa Council but also outlines recent issues through the freezing of indexation of grant funds as well as other funding opportunities that

have been initiated by the Commonwealth.

COMMENT

Attached to this report is correspondence from:

1. The Australian Local Government Association (ALGA) seeking Councils support to acknowledge the Commonwealth and State and their Minister’s for the provision of Financial Assistance Grants;

2. The Minister for Local Government the Hon Geoff Brock regarding the brought forward payment of

grants for the 2015-16 year paid on 29 June and a table of the full year allocation;

3. Senator Sean Edwards outlining grant payments to Local Government.

In regard to the first two items I provide the following information in seeking support for the recommendation.

ALGA has written to Council seeking support to reinstate indexation of the Financial Assistance Grant pool, but equally acknowledging the long relationship and importance of the grant funding provided to Local

Government in providing services to our community and publicly thanking the levels of Government for

that support. ALGA states that “the freezing of the grant pool until 2017-18 will result in a permanent

reduction in the Financial Assistance Grants base by 13%” and are calling for indexation to be restored

immediately.

The Minister for Local Government has outlined that a portion of 2015-16 funding being $530,816 was paid to Council on 29 June 2015 bringing this portion of the 2015-16 allocation cash component into the 2014-15

year. In accounting terms the vast majority of these funds have been accounted for and thus do not

represent substantial additional budgeted funds other than a small amount of interest which will be earned

off those funds and as outlined in this report the small additional funds received through annual

adjustments. However, the timing of payments will distort the operating financial outcomes over the two

financial years with the additional advance payment now needing to be recognised in the 2014-15 year

and will result in (most likely) the financial result for the year moving significantly into surplus when a small

deficit was budgeted. The opposite effect will now occur in 2015-16 as the budget for this year estimated

grants of $986,174 but due to the early payment Council will receive in cash this year $530,816 less and this

is likely to now push the budget into deficit. When taken over the two financial years Council receives its full

allocation.

Recently the Commonwealth released the total allocation of funds to Council for the 2015-16 year. Ignoring the timing of payments, Council will receive $993,035. As outlined above the full budget amount

was $986,174 meaning with the various adjustments made annually to the grant allocation Council will

receive $6,861 more than budgeted. The allocation of the grants is in two components; general purpose,

for which the allocation is $546,194, and roads component, for which the allocation is $446,841.

The first quarter budget review will factor in these changes.

Attachments

ALGA Letter Financial Assistance Grants to Local Government

Minister Brock Notice of Advance Payment of Financial Assistance Grants for 2015-16

SA State Summary for 2015-16 Financial Assistance Grants

Senator Sean Edwards Letter


Strategic Plan

Funding supports all facets of the Strategic Plan delivery.


Outlined in the body of the report.


No public consultation is required.

7.2 EXECUTIVE SERVICES – DEBATE

7.2.1 CHIEF EXECUTIVE OFFICER

2015/309


7.2.1.1

PROPOSED CHANGE – COUNCIL MEETING DATES – OCTOBER 2015 AND JANUARY 2016

B2896

MOVED Cr Boothby that the Ordinary Council meeting scheduled for Tuesday 20

October 2015 be held on Wednesday 21 October 2015 and that appropriate public

notices advising the change be placed in the Leader and Herald newspapers and on

Council’s website.

Seconded Cr Harris CARRIED 2014-18/373

MOVED Cr Lange that the Ordinary Council meeting scheduled for Tuesday 26 January

2016 be held on Wednesday 27 January 2016 and that appropriate public notices

advising the change be placed in the Leader and Herald newspapers and on

Council’s website.

Seconded Cr Grossman CARRIED 2014-18/374

INTRODUCTION

It is proposed to change the dates of the ordinary meetings of Council scheduled to be held in October

2015 and January 2016.

COMMENT

October 2015 Council meeting A Country Cabinet and associated meetings is scheduled to be held in the area from 18 – 20 October and

it is proposed to change the date of the ordinary meeting of Council scheduled for Tuesday 20 October

2015 to enable members to attend the community and business leaders function planned for that day.

It is suggested that the Council meeting for October 2015 be held on Wednesday 21 October

commencing at 9.00am.

January 2016 Council meeting

January Council meetings are traditionally held on the fourth Tuesday of the month. In January 2016 the

fourth Tuesday is 26 January which is a public holiday for Australia Day. It is therefore proposed that the

ordinary meeting of Council for January 2016 be held on Tuesday 27 January.

Notices to reflect these changes will be placed in local papers and on Council’s website.


Legislation

Local Government Act Section 81(1)


Nil


No community consultation is required by legislation or under the principals of the Public Consultation

Policy.

7.2.1.2

CENTRAL LOCAL GOVERNMENT REGION 2015-16 BUDGET

B2855

MOVED Cr Miller that Council receives and notes the Central Local Government Region

2015-16 Budget and membership fees.


INTRODUCTION

The Central Local Government Region has provided its 2015-16 budget and fees in satisfaction of the

required notice of member Councils.

2015/310


COMMENT

As required by the Central Local Government Region the Executive Officer has provided the budget and

fee documents.

The prescribed fee for 2015/16 is equal to budget being $10,276 being $93 less that the estimates in

Council’s budget setting.

Attachments

Budget and membership fee extracts of the association 2015-16 budget.


S43 of the Local Government Act


Outlined in the body of the report.


No community consultation is required by legislation or under the principals of the Public Consultation

Policy.

7.3.1 CORPORATE AND COMMUNITY SERVICES - DEBATE

7.3.1.1

REGIONAL EVENT STRATEGY IMPLEMENTATION – BAROSSA EVENTS ADVISOR

B2228

MOVED Cr de Vries that Council:

(1) Notes that a co contribution to the proposed Barossa Events Advisor position has

not been secured by Tourism Barossa from Light Regional Council;

(2) Approves the reallocation of the $16,750 (excluding GST) seed monies to Tourism

Barossa from funding the proposed employment of a part time Barossa Events

Advisor to instead contribute towards the funding of the full time, Business

Development Manager – Festival and Events position with Tourism Barossa;

(3) Approves the reallocation for the 2015/16 and 2016/17 financial years (as

already included in the 2015/16 Budget and Long Term Financial Plan);

(4) Gives approval subject to agreement between Officers and Tourism Barossa of

key performance indicators that measure whether the Business Development

Manager – Festival and Events position is satisfactorily meeting the identified key

objectives and outcomes of the Barossa Regional Event Strategy, with these key

performance indicators being reported on a quarterly basis to Council;

(5) Requires that until such time as any other co contributions are forthcoming, the

focus of the Regional Event Strategy related activities of the Business

Development Manager – Festival and Events are within the Barossa Council

area.


INTRODUCTION

Tourism Barossa has advised that funding from Light Regional Council has not been secured for the 2015/16

year as part contribution to the proposed funding of a Barossa Events Advisor as recommended in the

Regional Events Strategy Implementation Plan.

2015/311


Tourism Barossa has proposed an alternative model of delivery for the Barossa Events Advisor position and has committed additional funding from its own resources.

COMMENT

At its Meeting on 24 June 2014, Council resolved that:

MOVED Cr Miller that:

(1) Council Agrees to commit $16,750 seed funding for a period of 2 years to part fund

the employment of a Barossa Events Advisor to be auspiced by Tourism Barossa

Incorporated subject to:

1.1 The balance of funding across the full two year period being secured from other

stakeholders and;

1.2 a Memorandum of Understanding detailing the objectives and key performance

indicators being completed by all the stakeholders and to include a commitment to

working to secure alternative, sustainable funding sources for the position should it

continue beyond the 2015/16 financial year.

(2) Council nominate the Manager, Visitor Centre as stakeholder representative on the

Events Strategy Committee.

(3) Council Approves budget adjustments to the 2014/15 Budget and Long Term

Financial Plan for the 2015/16 year. Seconded Cr de Vries CARRIED

Further to the resolution Tourism Barossa sought confirmation from Light Regional Council that the identified

contribution towards the Barossa Events Advisor had been confirmed in the adopted 2015/16 Council

Budget.

As referenced in the letter from Tourism Barossa to The Barossa Council dated 31 August 2015 (refer

Attachment 1), advice has been received from Light Regional Council that the co-contribution was not

included in its 2015/16 Budget.

Whilst Tourism Barossa will be seeking a co-contribution in the 2016/17 Light Regional Council Budget it has

taken the following steps:

1. increased its own contribution to the Barossa Events Advisor position from $10,000 to $30,000 per

annum over the next 2 years;

2. employed a full time Business Development Manager – Festival and Events (BDM) with this role

incorporating a significant number of the key roles and outcomes identified in the Regional Event

Strategy for the Barossa Events Advisor role;

3. met with Council Officers to discuss whether Council will approve allocation of the $16,750

(excluding GST) identified for the Barossa Events Advisor role as a co contribution to the BDM role

instead for the next 2 year period;

The Barossa Events Advisor role was planned to be a part time, 0.6FTE role with the key outcome identified

as developing capacity in the region for the planning and development of events to support the tourism

mix and offering in the Barossa and specifically:

1.Align stakeholders to create a positive culture of success through implementation of this events strategy.

2. Deliver by 2015 a comprehensive consumer focused annual event calendar, using a portfolio &

clustered approach. Key umbrella themes which should underpin every event are food, wine & heritage.

3. As the regions current Hallmark event, re-establish the Barossa Vintage Festival as THE authentic Food &

Wine Festival in Australia so that it maintains its leadership role.

4. Deliver consumer intimacy and connection through the regions events in a range of forms which over

time provides a competitive edge; and

5. Develop a sustainable funding model using the 3 horizons of growth for events. Collective resources are

allocated to defend & extend core events and build successful events of the future.

During discussions, Officers sought confirmation from Tourism Barossa that the proposed extension of the BDM

role could accommodate the objectives of the Barossa Events Advisor role without compromising

2015/312


achievement of the identified outcomes and that the BDM would have enough time to undertake both roles effectively, particularly across the event calendar when specific event management requirements for the BDM

come into play.

The Chair and Chief Executive Officer (CEO) of Tourism Barossa have indicated that they assess the

requirements of both roles as achievable and that some aspects of the Regional Event Strategy objectives also

fit into the skills and resource allocation of the CEO responsibilities.

It was also agreed that if Council was to continue the co contribution, Tourism Barossa and Council will agree

key performance indicators for the achievement of the identified outcomes and that Tourism Barossa wil l

report to Council on a quarterly basis against those KPIs.

The letter from Tourism Barossa dated 31 August 2015 (Attachment1) sets out those suggested terms and how

the BDM position aligns with the Barossa Regional Event Strategy roles and outcomes. It also sets out where the

roles identified in the Barossa Regional Event Strategy are deemed not to be critical and can be deferred to a

later date. Council Officers agree with this assessment except in respect of the Community Engagement

element of the roles identified as non-critical. Officers view this to be an important aspect of building regional

event capacity and recommend that this be addressed by Tourism Barossa as a critical component of the

BDM role. Subsequent email correspondence confirms that this element will be included.

If Council approves reallocation of the funding to the BDM role, Officers recommend that any resolution

reflects that the emphasis of the BDM’s time and resources during this initial period be allocated to strategies,

events and capacity building within the Barossa Council area until such time as other stakeholders or Light

Regional Council agrees to make a funding co contribution.

The BDM is already in post and achieving strong, positive feedback and results through involvement in events

such as the Vintage Festival and Gourmet Weekend.

By the time Council has considered this report almost one quarter of the financial year will have gone without

specific or agreed amalgamation of the 2 roles. It may be that consideration of this by Tourism Barossa may

assist them to allocate some of the BDM’s time to the support of the Council funded Tour Down Under to

leverage additional benefit and outcomes for Council from the promotion of this key event in the Barossa

calendar.

Attachments

Attachment 1: Letter Tourism Barossa 31 August 2015


Legislation

Local Government Act 1999

Council Strategic Plan

2.1 Tourism 2.2 Business and Industry 4.2 Service 4.4 People


Financial The $16,750 is already included in the 2015/16 Budget and 2016/17 Long Term Financial Plan.

Resource

There are no additional resource impacts on Council if the recommendation is approved, if not there is no

current capacity internally to deliver the key strategies and outcomes identified in the Barossa Regional

Event Strategy.

Risk Management

The opportunity to deliver on the Barossa Regional Event Strategy will be compromised if Tourism Barossa is

not supported to resource its key strategies and objectives. The gaps in event capacity in the region have

been identified over a consistent and longstanding period.


Community consultation was undertaken during the development of the Regional Events Strategy

document.

The 2015/16 draft Budget included the funding as was subject to community consultation.

2015/313


7.3.1.2

OPERATIONS BUDGET – THE REX 2014/15

B2812

MOVED Cr Angas that Council:

(1) Notes and approves net operational expenditure of $73,012 in excess of the

2014/15 Budget for the Rex, Barossa Aquatic Fitness Centre;

(2) Authorises payment of the Belgravia Leisure invoice for the period ending 30

June 2015.


INTRODUCTION

As a result of higher than anticipated LPG expenditure and reduced membership activity, the final quarter

of operations at the Rex, Barossa Aquatic Fitness Centre (the Rex) for the 2014/15 financial year has

resulted in an overspend against Budget that requires specific note and expenditure approval by Council.

COMMENT

2014/15 Budgeted operational revenue for the Rex was as follows:

Budgeted revenue Actual revenue Variance

$854,498

Inc. final year Separate Rate

$902,195 $47,697 additional

Reasons for variation:

1. Higher than budgeted reimbursement of telephone and Foxtel charges

2. Higher than budgeted interest earned from Local Government Finance Authority

3. Higher than budgeted reimbursement of electricity on charges to Belgravia Leisure

2014/15 Budgeted operational expenditure for the Rex was as follows:

Budgeted expenditure Actual expenditure Variance

$995,773 $1,116,482 $120,709 overspend

Reasons for variation:

1. Higher than budgeted gross Contract Management expenses

Budget: $306,475 Actual: $397,195

The overspend is not in respect of the fees paid to Belgravia Leisure for the charges they make to

Council for operating the contract. These are fixed and in line with Budget.

Within the Contract Management budget line Belgravia includes all the on costs within their own

profit and loss calculations for the day to day management of the Centre. So this includes cost

aspects such as the utilities, staff costs, chemicals, consumables, minor repairs and maintenance

items and also income items such as membership fees, other user fees, kiosk sales, child care

payments etc. It is within those lines that expenditure has exceeded Budget and income has fallen

short of Budget.

The main areas are:

Income: Direct Debit Memberships:

Relatively static membership levels over the majority of the year but the impact of the opening of

Anytime Fitness in Angaston in the last quarter contributed to a $76.2k shortfall of membership

income against Budget.

Expenditure: LPG Charges:

Higher than budgeted LPG charges of $83.8k over the year. The impact of the operational issues

with the pool heaters resulted in a much heavier reliance on gas.

2015/314


There have been some corresponding savings elsewhere in overall personnel costs, programming costs and strong kiosk sales that have offset some of those over runs.

Overall result for 2014/15

Additional revenue: Over expenditure: Net result:

$47,697 $120,709 $73,012 overspend against

Budget

Monthly results from Belgravia are always received 4-6 weeks following the end of the period due to their

own accounting cycles and the timescales for receiving utility billing. The June results were not received

until after the cut off for August Agenda reporting.

Forward Strategy 2015/16

Utilities:

Council is aware that plans are advanced for the conversion of the Centre from LPG to natural gas. This

has also presented the opportunity to work with the original suppliers and installers of the pool heating

equipment to come up with a new pool heating solution for the aquatic areas of the Centre with much of

this being achieved at no additional capital expenditure outlay to the community. Once this work can be

completed (during the remainder of 2015), all the pool equipment plus the water heating and kitchen

equipment in the Centre will run off natural gas. This should result in savings in utility costs in the second half

of the 2015/16 financial year and beyond.

Membership:

Average membership levels for 14/15 have been relatively static at around 1300 for the first 9 months of the

year.

In the final quarter with the advanced sales and opening of Anytime Fitness (24/7 gym in Angaston)

average membership dropped to 1235 with the resulting impact on monthly direct debit income.

At the most recent monthly operational meeting between Officers and Belgravia, the data shows an

increase in memberships for August and so the first net increase since the opening of the new facility in

Angaston. Discussions with staff about strategy going forward is that the our point of difference with the

24/7 gym is to ensure that we leverage the additional, community style facilities we have that are not

available elsewhere locally and ensure that at all times we provide excellent customer service. Officers will

continue to monitor this closely with Belgravia.

In addition as the issues of utilities starts to be resolved, Officers will be reviewing the contractual model

adopted for the management of the facility and assess the case for varying that in readiness for the re

tender of the Centre Management Contract in 2017/18.

Given that the June 2015 invoice from Belgravia would have resulted in unbudgeted expenditure,

payment has been deferred pending approval by Council but accrued in the current financial reports.


Legislation



1.3 Recreation 3.4 Infrastructure 4.1 Responsibility 4.2 Services


Financial

Covered in the body of the report.

Resource

There are no additional resource considerations for Council.

Risk Management

Officers are using the strategies detailed in the report to manage the potential risks to Council.


Council’s budget is subject to statutory community consultation in accordance with the Local Government

Act 1999 (the Act). There are no other items related to this matter that require consultation under the Act

or Council’s Policy.

2015/315


ADJOURNMENT OF COUNCIL MEETING – 9.32AM

MOVED Cr Miller that the Council meeting adjourn for the Strategic Planning and

Development Policy Committee meeting.


RESUMPTION OF COUNCIL MEETING – 9.53AM

The Council meeting resumed at 9.53am.

Mayor Sloane and Mr Martin McCarthy, Chief Executive Officer were not in the meeting

when it resumed. At 9.45am, during the Strategic Planning and Development Policy

Committee meeting it was resolved:

Moved Cr Miller that the Mayor and CEO be excused from the meeting to attend a

confidential government briefing in Tanunda with an estimate return at 10.35am.

Seconded Cr Lange

In the absence of Mayor Sloane, Deputy Mayor, Cr Dave de Vries assumed the Chair at

the resumption of the Council meeting at 9.53am.

7.3.1.3

URGENT UPDATE TO DELEGATIONS REGISTER

B2743

MOVED Cr Lange that Council resolves:

(1) Revocations

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

the Council on the 17th day of March 2015 under the Real Property Act 1886

the Council hereby revokes the following powers and functions under this Act

on this 15th Day of September 2015:

- section 93(1) regarding execution and registration of Crown Lease

- section 191 regarding caveats

(2) Delegations under the Local Government Act 1999

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

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

of Chief Executive Officer on this 15th September 2015, the powers and

functions under the:

(1) South Australian Public Health (Legionella Regulations) 2013:

- Regulation 21(4), (5) regarding Fees remission and reduction

- Regulation 29(3) regarding Requirement to obtain an expert report

(2) South Australian Public Health (Wastewater Regulations) 2013:

- Regulation 33(1) regarding Fees remission and reduction

(3) South Australian Public Health (General Regulations) 2013

- Regulation 5B(2) and (8) regarding Non-compliances with Notices

(4) Real Property Act 1886 as set out below:

2015/316


- section 93(1) and 93(3a) regarding execution and registration

of Crown Lease

- section 154A(1), (6) regarding a person who intends to lodge

an instrument may lodge priority notice

- section 154B(2)(b)and (v), s154E, s154F(1), (2) and (6)

regarding withdrawal, cancellation and cessation of

priority notices

- section 191 regarding caveats

- section 221(1)-(5), (9) and (10) regarding reviews.

(3) The Instruments of Delegation as set out at Attachment 2 of this Report dated

15th September 2015 be amended in accordance with this resolution.


INTRODUCTION

The Barossa Council’s Delegations Register (“the Register”) is referred to the Elected Body for a review:

(1) annually in accordance with Section 44(6) of the Local Government Act 1999 (“the Act”),

(2) quarterly by way of best practice, with a recommendation for amendment if the Local

Government Association’s Quarterly Reviews recommend that amended Instruments of Delegation

be immediately adopted, and

(3) at other times if an urgent need is identified by the LGA following legislative amendments or by

Council staff for administrative efficiencies.

The LGA’s latest Table of Updates for August has identified legislative amendments to the SA Public Health

Act 2011/General Regulations (2013) and the Real Property Act (1886) Instruments of Delegation which

should be updated by Council “as soon as possible”. The Table of Updates is Attachment 1.

Further, there are several minor additions in the Instrument of Delegation under the SA Public Health Act

(Legionella) and (Wastewater) Regulations 2013 to address an inadvertent omission of several powers at the

last delegations review in March 2015.

Attachment 2 contains extracts of those Instruments and documents the legislative amendments and the

reasons for such amendments.

Council approval is required to delegate each of these amended powers to the Chief Executive Officer.

Elected Members will note that the extracts of the Instruments of Delegation contain both delegations and

sub-delegations. The review of delegations before Council today deals only with the Council’s delegations.

The Chief Executive Officer’s sub-delegations will be reviewed by him in a separate process.

COMMENT

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

which Council may exercise its powers and functions are:

when the Council itself exercises the power/function; and

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

of Delegation and exercised in the name of a delegate.

Used well, delegations can greatly assist Council by enabling the Elected Body to progress with the

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

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

improves effectiveness and efficiency.

It is essential to good governance that the Council fully and carefully considers the delegations it proposes

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

Attachments

1: LGA’s Table of Updates

2. Instruments of Delegation: SA Public Health Act 2011 and Real Property Act 1886

2015/317



Legislation

Local Government Act 1999 Section 44

South Australian Public Health Act 2011 and General Regulations 2013

Strategic Plan

4. Governance and Organisation – 4.3 Systems: We are committed to ensuring the Systems and Processes

of Council support the organisation in delivering the best possible services to our community in an open

and transparent manner.


The risk of having ineffective or invalid delegations is minimised as the delegations being considered have

been recommended by Norman Waterhouse Lawyers (which prepared the Instruments for the LGA). It is

imperative that delegations are validly made as consequences of ineffective or invalid delegations

include:

the exercise of power may fail – ie the decision made may be liable to being overturned by a

court

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

by the Council

where the unlawful exercise of the power has caused loss or damage the Council may be liable

for such loss or damage.


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

particular circumstances require it as the delegations themselves are based on prescribed LGA templates

where there is no option for amendment through community feedback. For transparency, the community

has access to the delegations register on Council’s website so is made aware of the powers of the CEO as

delegated by the Council, and also the powers of officers as sub-delegated by the CEO.

7.3.1.4

JUTLAND WATER RESERVE – UPDATED MANAGEMENT PLAN

B256

MOVED Cr Seager that:

(1) Pursuant to Section 198(2) of the Local Government Act 1999, before Council

adopts the draft Jutland Water Reserve Management Plan 2015-2020, it makes

copies available for inspection or purchase at the Council’s Principal Office and

follows the steps in its Public Consultation Policy by placing a Notice on Council’s

website and in the Herald and The Leader newspapers for a period of at least 21

days;

(2) At the conclusion of the public consultation period Council receives and

considers all feedback on the draft updated Jutland Water Management

Plan 2015-2020;

(3) If no feedback is received during the public consultation period on the draft

Jutland Water Management Plan 2015-2020 that seeks change to the Plan, it

can be adopted without further reference back to Council.


INTRODUCTION

The Jutland Water Reserve (“the Reserve”) is a 4.3 hectare parcel that forms part of the Upper Marne River

catchment, 7.5 kms east of Eden Valley in the Eastern Mount Lofty Ranges. It is classified as Community

Land in accordance with Section 193 of the Local Government Act 1999 (“the Act”). Its overarching

Management Plan is now due for a review. It has extensive local history and hosts a memorial plaque for

returned servicemen which is regularly visited.

2015/318


Attachment 1 is a draft Jutland Water Reserve Management Plan for 2015-2020 (“Management Plan”), which is referred to Council for public consultation under Section 198 of the Local Government Act 1999,

prior to its adoption by Council.

COMMENT

The Spring Valley Landcare Group Inc. has voluntarily managed the Reserve on behalf of Council since

1997, pursuant to the Management Plan adopted by Council in 2006. In 2012 it advised Council that

declining membership meant it could no longer meet this voluntary responsibility.

On 19 November 2013, after a period of public consultation, Council accepted the offer of the Eastern Hills

and Murray Plains Catchment Group (“the Group”) to enter into agreement to manage the Reserve and

to update the 2006 Management Plan. The Group is interested in the management of the Reserve as it is

located on the Barossa border of the Group’s catchment area. A final draft of a Memorandum of

Understanding is currently being negotiated.

In the meantime, the Group has consulted its local stakeholders and spent significant time in the

preparation of the attached draft Management Plan 2015-2020 which is now referred to Council for public

consultation.

The draft Management Plan 2015-2020 updates the management framework and documents the

achievements over the past 10 years since the 2006 plan was written and further endorses the objectives of

the 2006 plan which are to:

Establish the Jutland Water Reserve as a public demonstration site to show the benefits of

revegetation of stream banks and stock exclusion in the prevention of erosion and the

improvement of water quality;

Re-establish the original vegetation using local provenance seeds, preserve any endangered

species and in time act as a seed collection source;

Preserve the historical significance of the site which was a source of water on an old stock route

and contains a memorial to soldier settlers from WW 1; and

Encourage the local community to visit and become involved in the management and

revegetation of the Reserve.

In addition, the Group’s General Committee has used the Management Plan to document some of the local history of the site and will further embark on accruing relevant history and documenting verbal history

form the local community.

Attachments

Attachment 1: Jutland Water Reserve Draft Management Plan 2015-2020


Legislation

Local Government Act 1999, Sections 50, 197-198

Natural Resources Management Act 2004

Policy

Public Consultation Policy


1.3 Community and Culture Wellbeing: Recreation

3.1 Natural and Built Environment: Character and Heritage

3.2 Natural and Built Environment: Environmental Sustainability

4.1 Governance: Responsibility


Financial

This arrangement will be of minimal financial cost to Council as the Group receives funding from the South

Australian Murray-Darling Basin Natural Resource Management Board to undertake its role.

Advertising costs for the public consultation will be covered within existing Budget (GL 463-820)

Resource

The work outlined in the Draft Management Plan 2015-2020 will be undertaken by members of and

volunteers affiliated with the Group without further reference to Council, save for requests for one-off

assistance which may be determined on a case-by-case basis.

2015/319


Risk Management Risk is mitigated by articulating the Council’s and the Group’s expectations in the Jutland Water Reserve’s

Memorandum of Understanding.


In accordance with Section 50(4)(a) of the Act, and Council’s Public Consultation Policy, Council will by

place a Public Notice on Council’s website and in the Herald and The Leader newspapers for a period of

at least 21 days after which time, submissions will be further considered by Council.

7.3.1.5

AUTHORISATIONS FOR THE USE OF TRAFFIC CONTROL DEVICES

B2743

MOVED Cr Angas Council resolves that:

(1) In accordance with the Instrument of General Approval and Delegation to

Council dated 22 August 2013 from the Minister for Transport and Infrastructure

(the ‘Instrument’) the Council authorises the following persons pursuant to Clause

A.7 of the Instrument to endorse Traffic Impact Statements for the purposes of

Clause A of the Instrument provided that such persons shall take into account

the matters specified in Clause A.7 of the Instrument in respect of Traffic Impact

Statements:

Peter Bice

Steven Kaesler

Andrew Evans

(2) In accordance with Clause A.7 of the Instrument, the Council is of the opinion

that the following persons are experienced traffic engineering practitioners

for the purposes of preparing a Traffic Impact Statement as required by

Clause A.7 of the Instrument:

Peter Bice

Steven Kaesler

Andrew Evans

(3) In accordance with Clause E.2 of the Instrument, the Council is of the opinion

that the following persons have an appropriate level of knowledge and

expertise in the preparation of traffic management Plans:

Peter Bice

Steven Kaesler

Andrew Evans


INTRODUCTION

On 22 August 2013 the Minister for Transport and Infrastructure issued an Instrument of General Approval

and Delegation to Council (“the Instrument”) which empowered councils to use traffic control devices and

close roads and grant exemptions for events (Refer Attachment 1)

The Instrument specifically empowers Council’s Chief Executive Officer to authorise Council employees to

exercise powers regarding:

Traffic Control Devices;

Speed Limits at Works on Roads;

Traffic Control Devices at Works on Roads;

Temporary Parking Controls; and

Grant Approval to another Road Authority for the above actions

2015/320


without the need for a Council resolution, which had been previously required.

However, to support the above areas, Council resolution is still required to approve the names of officers

who are experienced traffic practitioners who can prepare and endorse:

Traffic Impact Statements when dealing with Traffic Control Devices (see highlighted section on

pages 2 and 3 of the Instrument); and

Traffic Management Plans when dealing with Traffic Control Devices for Events (see highlighted

section on page 7 of the Instrument).

On 19 November 2013, Council resolved to appoint the following officers to undertake these tasks:

Peter Bice: Director, Works and Engineering

Steven Kaesler: Manager, Engineering Services

Ben Wright: Manager, Operations

A change in staffing now requires an updated appointment for Council endorsement.

COMMENT

Due to the appointment of Council’s new Manager, Operations - Andrew Evans, the CEO has reviewed the

names of those officers appointed by Council on 19 November 2013 and now presents an updated list to

include Mr Evans for Council endorsement.

Peter Bice: Director Works and Engineering Services

Steven Kaesler: Manager, Engineering Services

Andrew Evans: Manager, Operations

Attachments

Attachment 1: Instrument of General Approval and Delegation to Council for the Use of Traffic Control

Devices, Road Closure and Granting of Exemptions for Events 22 August 2013


Legislation Section 44 and 101 of the Local Government Act 1999

Minister of Transport and Urban Planning’s Instrument of General Approval and Delegation to Council

dated 22 August 2013

Strategic Plan

4.3: Governance and Organisation-Systems


Risks are mitigated by the approval of appropriate authorisations which allow those who have the

necessary qualifications and/or experience to undertake necessary functions on behalf of the Elected

Body in a compliant and efficient manner.


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

particular circumstances require it as the authorisations themselves are based on prescribed LGA

templates where there is no option for amendment through community feedback.

7.3.2 FINANCE - DEBATE

7.3.2.1

MONTHLY FINANCE REPORT (AS AT 31 AUGUST 2015)

B411

MOVED Cr Harris that the Monthly Finance Report as at 31 August 2015 be received and

noted.


INTRODUCTION

The Monthly Finance Report (as at 31 August 2015) is attached.

COMMENT

2015/321


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 adopted 2015/16 Budget.

Attachment

Attachment 1: Monthly Finance Report 31 August 2015


Legislation

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

LGA Information paper no. 25 – Monitoring Council Budget Performance


4.1 – Responsibility


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 2015, as per legislation. This report is advising Council of the monthly finance position compared to that budget.

7.3.2.2

2014/2015 DRAFT ANNUAL FINANCIAL STATEMENTS – COUNCIL CERTIFICATE

B1096

MOVED Cr Miller that the Mayor and Chief Executive Officer be authorised to sign the

Certification of Financial Statements for the 2014/2015 Financial Year.

Seconded Cr Boothby CARRIED 2014-18/383

INTRODUCTION

Prior to presentation of the draft financial statements to the External Auditors, Council is required to authorise the Chief Executive Officer and Principal Member (Mayor) to certify the statements.

COMMENT

Regulation 14 of the Local Government (Financial Management) Regulations 2011 requires that a

certification statement (in the prescribed form) be included in the Annual Financial Statements and be

signed by the Chief Executive Officer and Principal Member of the Council.

The certification statement indicates that:

• Council’s Annual Financial Statements have complied with the Local Government Act 1999, Local

Government (Financial Management) Regulations 2011 and Australian Accounting Standards;

• the financial statements present a true and fair view of Council’s financial position as at 30 June

2015 and the results of its operations and cash flows for the financial year;

• internal controls implemented by the Council provide a reasonable assurance that the Council’s

financial records are complete, accurate and reliable and were effective throughout the financial

year; and

• the financial statements accurately reflect the Council’s accounting and other records.

The certifiers will be required to sign the certificate prior to the final presentation of the accounts to the

external auditors. Upon completion of the audit and presentation to the Audit Committee (scheduled for

27 October 2015), final statements will be tabled at Council.


Legislation

Local Government (Financial Management) Regulations 2011 - Reg 14



2015/322


4.3 – Systems


There are no financial, resource or risk management considerations.


Not required for this report. Following the completion of the Council’s Financial Statements a copy will be

placed on the Council’s website.

VISITOR TO THE MEETING – 10.00AM

Deputy Mayor de Vries welcomed Ms Julie Fiedler, Executive Officer, Horse SA to the meeting. Ms Fiedler gave a presentation updating Council on the Kidman Trail and a planned horse trail to Penrice and following the presentation answered questions from elected members. Deputy Mayor de Vries thanked Ms Fiedler for her attendance and presentation.

7.3.3 MANAGER ADMINISTRATIVE SERVICES- DEBATE

7.3.3.1

REDEFINING COMMUNITY COMMITTEES – RECURRING BUDGETS FOR NON-ASSET

MANAGEMENT GROUPS

B2198

MOVED Cr Angas that Council:

(1) Endorse that for the following Committees, the remaining 2015/16 Budgets be

transferred to those Committees that transition to incorporated associations

through the Redefining Community Committees process and that 2016/17

budgets are allocated to the following groups through the existing annual

budget and new initiative process, for use as volunteer groups or incorporated

associations:

Lyndoch and District Community Committee

Lyndoch Street Party

Williamstown Community Council

Williamstown Historical Society

Mount Pleasant Street Committee

Mount Pleasant Christmas Parade

Mount Pleasant Historical Society

(2) Agrees to review the method of allocation prior to 2017/18 budget process.

Seconded Cr Miller

MOVED Cr Lange that debate on the matter 7.3.3.1 – Redefining Community

Committees – Recurring Budgets for Non-Asset Management Groups be adjourned to

enable the presentation of a Youth Grant certificate.


VISITOR TO THE MEETING – 10.30AM

Deputy Mayor de Vries welcomed Katina Glouftsis, a recipient of a Community Assistance

Youth Grant to the meeting and presented a certificate acknowledging the grant. Katina

thanked Council and spoke briefly about her experience of travelling to Cambodia with a

group of students from Nuriootpa High School and Faith College with RAW Impact (a non-

profit organisation - Raising Awareness Worldwide for lasting social impact).

2015/323


Following the presentation of the Youth Grant Certificate discussion resumed on the matter

7.3.3.1 – Redefining Community Committees – Recurring Budgets for Non-Asset

Management Groups.

The motion was put and LOST

MOVED Cr Boothby that Council:

(1) Endorse that for the following Committees, the remaining 2015/16 Budgets be

transferred to those Committees that transition to incorporated associations

through the Redefining Community Committees process and budgets are

allocated to the following groups through the existing annual budget and new

initiative process, for use as volunteer groups or incorporated associations:

Lyndoch and District Community Committee

Lyndoch Street Party



Mount Pleasant Street Committee

Mount Pleasant Christmas Parade

Mount Pleasant Historical Society

(2) Agrees to review the method of allocation prior to 2016/17 budget process.

Seconded Cr Angas CARRIED 2014-18/385

INTRODUCTION

Existing Section 41 Committees that are established to support townships through events, history groups and

small community projects currently receive an annual allocation through the section 41 budget process.

The Committees have requested confirmation of the ongoing Council commitment of these allocations.

COMMENT

There are 9 non-asset management related Section 41 Committees (and sub-Committees) that receive a

budget allocation each year totalling $66,157 (nett of income budget). The budget historically has been

allocated to support public services and benefits such as: small community events like Christmas parades;

history groups running war memorial events; procuring heritage information to respond to requests for

information; town groups commemorating historical events such as Lyndoch 175th Anniversary Celebrations and so forth.

During discussions related to the Redefining Community Committees process, Committee members have

questioned whether there will be an ongoing commitment to allocating budget for their activities after

they transition to incorporated bodies or volunteer groups.

In the case of historical societies (currently S41 sub-Committees who manage public heritage assets on

behalf of the community and Council), should these groups incorporate (become independent but

manage heritage assets owned by Council), it is recommended that these groups continue to be

allocated similar budgets as in previous years.

Throughout the Redefining Community Committees project, officers have communicated that Council will

continue to ensure an ongoing commitment to current service levels for the community, as endorsed in the

Business Case for Change. By providing commitment to transferring any existing budget and an ongoing

allocation for 2016/17 budget cycle, these groups can make an informed decision for their transition and

their future.

This approach allows the review of budget processes in preparation for the development of the 2017/18

budget and a potential central fund through which competitive applications can be processed or

continued case-by-case allocations per current practice.

2015/324



Legislation



4.1 Responsibility 4.2 Service


Financial

Existing Budget lines and budget request processes will be maintained until further review is conducted in

preparation for the 2017/18 financial year.

This is reflected in the 2015/16 Budget and Long Term Financial Plan.


Not required under the Local Government Act 1999 (the Act) and Council’s Community Participation

Policy. Community Committees are acting in an advisory capacity as a Section 41 Committee of Council

under the Act.

The Redefining Community Committees process is providing ongoing opportunity for participation by the

community.

7.3.3.2

TALUNGA PARK – NEW INITIATIVE REQUEST – REQUEST TO USE RESERVE FUND TO PURCHASE

RIDE ON MOWER

B2170

MOVED Cr Hurn that Council approve the use of the Talunga Park reserve fund to

purchase Husqvarna Z248F Zero Turn ride on mower for up to $5,990 ex GST from Short

Cut Mowers.


INTRODUCTION

The Talunga Park Committee has submitted a request via email on 6 August 2015 for the use of reserve

funds to purchase a ride on mower.

COMMENT

The current ride on mower has reached the end of its useful life. The cutting deck has recently been

rewired by the caretaker, the front wheels are about to fall off the axles and the wheel bearings are

completely worn out. As the current mower was purchased in 2004, further repair work on the mower is not

warranted.

The Talunga Park Committee have completed a new initiative form (Attachment 1) and provided three

quotes (Attachment 2). Officers have completed a due diligence report that resulted in Bid Analysis Tool

score of 42. This aligns the rating of this proposal in between the Stockwell Recreation Park – Oval # 2 and

Tanunda Recreation Park – Lighting Upgrade in comparison to other successful new initiative bids as part of

the 2015/16 budget process.

The reserve fund balance is $96,251 as at June 2013/14.

At the timing of report preparation, officers have not explored the option of leasing the equipment

however will assess this option in the lead up to the Council meeting in order to discuss as required.

2015/325


Attachments

Attachment 1: New Initiative Request Form

Attachment 2: Quotes

Attachment 3: Due Diligence Report


Legislation



1.3 Recreation 4.2 Service


Financial

Use of reserve fund is additional to that identified as part of the Talunga Park Committee’s 2015/16 budget

process and therefore is not currently included in the reserve fund allocations for Section 41 committees in

the 2015/16 budget. It is recommended that the Talunga Park Committee’s reserve fund be brought

forward from the Long Term Financial Plan - 2016/17 into the 2015/16 budget.

There are no additional ongoing unbudgeted operational costs associated with the replacement.


None required under the Local Government Act 1999 (the Act) and Council’s Community Participation

Policy. The Park Committee is acting in its advisory capacity as a Section 41 Committee of Council under

the Act.

7.3.3.3

MOUNT PLEASANT MEN’S SHED – LAND-ONLY LEASE FOR COMMUNITY CONSULTATION

B3317

MOVED Cr Seager that:

(1) Council approve in principle the land-only lease between The Barossa Council

and Mount Pleasant Men’s Shed Inc. for the Men’s Shed at Old Talunga Park,

Mount Pleasant.

2015/326


(2) Council endorse the draft land-only lease for public consultation under section

202(2) of the Local Government Act 1999 and in accordance with Council’s

Public Consultation Policy.

(3) Officers submit a further report to Council should any submissions be received.

(4) Should no submissions be received from the public by the conclusion of the

public consultation period, Council authorise the Mayor and Chief Executive

Officer to sign the lease under Seal.


INTRODUCTION

The draft land-only lease between Council and Mount Pleasant Men’s Shed Inc. in relation to the Men’s

Shed at Old Talunga Park, Mount Pleasant has now been finalised and requires approval for public

consultation and subsequent execution.

COMMENT

The approved Talunga Park Master Plan makes reference to the Mount Pleasant Men’s Shed Inc. plans to

erect a shed at Old Talunga Park. Assessment and planning has progressed with assistance from planning

and building officers for the development application process and Council’s Risk Manager to support white card training for the construction process.

The draft land-only lease has been finalised and is provided for information (Refer Attachment 1). The land-

only lease allows for a term of twenty one (21) years, the maximum term permissible under the Local

Government Act 1999 (the Act). As this term is greater than 6 years for occupancy on community land, the

Act requires public consultation on the agreement.

The agreement has been drafted in accordance with the Retail Commercial Leases Act 1995 and a

disclosure statement has been issued.

Public consultation is planned to commence on Wednesday 23 September 2015 and will conclude on

Wednesday 14 October 2015.

Should no submissions be received, Council authorisation is required for the document to be signed under

Seal.

Officers have also considered the potential requirement for development approval due to potential land

division. According to the State Government’s Land Division Guide “development approval is only required

to lease a portion of an allotment which is vacant land or which contains a dwelling, and where the term

of the lease is greater than 6 years including any right of renewal”. In this context the Old Talunga Park land

is not vacant in the sense that it contains a tennis court, bowling club and associated buildings.

Attachments

Attachment 1: Land-only Lease


Legislation


Development Act 1993

Retail Commercial Leases Act 1995

Policy


Draft Lease and Licence Policy (currently out for consultation)


Governance and Organisation – 4.1 Responsibility

Community and Cultural Wellbeing – 1.3 Recreation


Cost of advertising to assigned to existing Budget line 463-820.

2015/327


As this is a land only lease, the asset will not be subject to depreciation on Council’s balance sheet.

Risk management considerations relating to ongoing management, maintenance and liability are clearly

defined in the lease agreement. A land only lease agreement is used as a mechanism to assign ownership,

care and control to Mount Pleasant Men’s Shed Inc., with minimal residual risk remaining for Council.


Advertisement will be published in The Leader newspaper informing the public that the land-only lease will

be available for inspection and comment on Council’s website and at Council’s Principal Office.

7.3.3.4

ANGASTON COMMUNITY AND BUSINESS ALLIANCE – REQUEST FOR RESERVE FUNDS

B3296

MOVED Cr Boothby that Council approve an additional $29,000 allocation from the

Angaston Management Group Reserve Fund to be paid to the Angaston Community

and Business Alliance Inc. for the implementation of projects as defined in the Project

Breakdown document.


INTRODUCTION

The Angaston Community and Business Alliance Inc. has requested a further draw down of funds from the

Angaston Management Group reserve.

COMMENT

The Angaston Community and Business Alliance Inc. (ACBA Inc.) has continued to progress its strategic

direction and requested an additional allocation of reserve funds in order to funds projects. The projects

remain in alignment with the group’s strategic plan (Attachment 1) however, now there is renewed focus

and increased membership, the capacity of the group has increased and therefore they are able to

achieve more for the Angaston community this financial year, than previously thought.

The ACBA Inc Project Breakdown (Attachment 2) has been supplied by the group and identifies prioritised

projects within each of the strategic themes and objectives from the defined strategic plan. The projects

also include an indicative budget that forms the basis of the reserve fund request.

The total project budget being requested is $29,000. The Angaston Management Group reserve fund

balance as at 2013/14 is $62,750, taking into account the $6,000 already drawn down for the Angaston

Town Clock and Angaston Railway Master Plan projects.

ACBA Inc. will provide an activity report during the 2016/17 budget process to communicate to elected

members the status of each of the projects.

The Due Diligence Report is provided. (Refer Attachment 3). The Bid Analysis Tool score of 39, aligns the

rating of this proposal in 16th position in comparison to other successful new initiative bids as part of the

2015/16 budget process.

New Initiative Name Bid Analysis Weighting

Number

Tanunda Show Hall Lighting Upgrade 64

Full phased Air Cooling Solution - The Rex Stadia Option 2 54

Tree Maintenance and Planting Budget Increases 52

Feasibility study on Southern Barossa Sport & Rec sporting hub and Williamstown future

use study

51

Williamstown QVJP - Court Resurfacing 50

World Heritage Bid 49

Curdnatta Park - Kitchen Upgrade 46

Curdnatta Park - Retaining Wall 46

Redefining Community Committees - Incorporation and Insurance Costs 46

Redefining Community Committees - Initial startup cash float from reserve 46

2015/328


Stockwell Recreation Park - Redevelopment oval #2 45

Redefining Community Committees - ongoing Accounting and Insurance Costs 46

Redefining Community Committees - Reserve Funds 46

Tanunda Recreation Park Committee - Oval Lighting Upgrade 41

Jack Bobridge Track Cycle Connection 40

Angas Recreation Park - Upgrade existing toilet 37

Attachments

Attachment 1: Angaston Community and Business Alliance Inc. Strategic Plan

Attachment 2: Angaston Community and Business Alliance Inc. Project Breakdown

Attachment 3: Due Diligence Report


Legislation


Development Act 1993

Policy



Governance and Organisation – 4.1 Responsibility


Financial

Use of reserve fund is additional to that identified as part of the ACBA Inc.’s 2015/16 budget process and therefore is not currently included in the reserve fund allocations for Section 41 committees in the 2015/16

budget. It is recommended that the Angaston Management Group reserve fund be brought forward from

the Long Term Financial Plan - 2016/17 into the 2015/16 budget.

ACBA Inc. will submit requests for further use of the AMG reserve fund during the 2016/17 budget process

for the next financial year’s projects.

Resource

None

Risk Management

None


No required under the Local Government Act 1999 or under Council’s Public Consultation Policy.

7.3.3.5

TALUNGA PARK – CARAVAN PARK FEES

B2170

MOVED Cr Seager that Council amend the prescribed fee for existing semi-permanent

residents only of Talunga Park from $120 to $110, per week for the remainder of the

2015/16 financial year.

Seconded Cr Angas LOST

INTRODUCTION

The Talunga Park caretaker and Committee have received complaints from semi-permanent residents that

the annual increase to their rent is not reasonable.

COMMENTS

The new caretaker at Talunga Park has received numerous complaints regarding the annual increase to

rent fees for semi-permanent residents. It has been determined that the 2014/15 increase was not passed

on to residents by the previous caretaker. The table below shows the fees according to the adopted fees

and charges register for the past three years:

Year Fee per week

2013/14 $100

2014/15 $110

2015/329


2015/16 $120

With consideration to the 20% increase that residents would experience under the current prescribed fee, it

is recommended that 2015/16 fee for existing residents only be amended to $110 per week.

Financial Considerations

An estimation of approximately $3640 equates to the opportunity cost lost as a result of this

recommendation. 10 sites at Talunga Park with estimated 70% occupancy = 7 * 52 weeks * $10.

Risk Considerations

Should Council wish not to support this recommendation, it is possible that existing residents may choose to

vacate Talunga Park.

A more robust induction and training process has been undertaken with the new caretaker to deliver

Council expectation and requirements for charging fees, procurement processes, Work, Health and Safety

and event management.

LEGISLATION /POLICY/ COUNCIL PLAN CONTEXT

Legislation

Section 6, Local Government Act 1999

Strategic Plan


4.2 – Service


None

7.3.4 OTHER COMMUNITY SERVICES - DEBATE

7.3.4.1

CONSIDERATION AND ADOPTION OF COMMITTEE RESOLUTIONS

B1441

MOVED Cr Hurn that Council having reviewed the minutes of:

1. Talunga Park Management Committee

2. Williamstown Community Council

3. Williamstown Queen Jubilee Park Committee

4. Murray Recreation Park Committee

5. Stockwell Hall Committee

6. Tanunda Recreation Park Committee

7. Upper Torrens Land Management Project

adopts the recommendations contained within the minutes of those Committees.


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 Council Section 41 Committees are presented for the consideration and adoption of

Council.

2015/330


Officers identified, through day to day operations that some historical minutes had not been provided to Council. These minutes have also been included below.

For ease of reference, extracted recommendations with financial, resource and risk management

considerations are set out as follows:

Financial Considerations

Upper Torrens Land Management Project

During this financial year the UTLMP will receive funding from Adelaide & Mount Lofty Ranges Natural

Resources Management Board and from the Australian Government Biodiversity Fund. Adelaide Hills

Council manages these funds on behalf of the Committee.

The Barossa Council provides salary management for 3 officers, vehicle lease management and office

accommodation (based at The Barossa Council, Melrose Street Mount Pleasant) and IT support for the

Project.

Talunga Park Recreation Park Committee

3 August 2015

Assess prefabricated solution for toilet facility and impact on existing approved budget.

Current works on Oval lighting not considered appropriate adequate for football training.

Community Dinners successfully fundraising for kitchen upgrade. Total approximately $5000 to date.

New ride on mower required – further report to Council for use of reserve funds.

Power heads for caravan park site to be replaced at a cost of $736 per two-outlet power head.

Caravan Park residents complaining that fees had increased this year from $100 to $120 per week. Refer

agenda report 7.3.3.5 Talunga Park – Caravan Park Fee Increase.

1 June 2015

Oval Lights – install of LED lights, $500 per 160 watt light.

30 March 2015

Whipper Snipper and Chain Saw – purchased $1,300

4 August 2014

Pavilion roof repair completed


27 April 2015

Mother’s Day Raffle – ticket $2 each or 3 for $5

$3000 prize money from Tour Down Under – Best Town competition

16 April 2015

St Peters Church Donation - $30

Willy Wagtail - All Community Groups, free; Businesses, full page $50; half page $25; quarter page $15

Williamstown Queen Victoria Jubilee Park Committee

11 August 2015

Door jamb and roller door pool kiosk repaired at a cost of $1,276, insurance excess $750.

Caretaker reimbursement $210

Paint $250

Quotes required for 4 x fridge replacement in cabins

2 x lamps for cabin 1 $245

Purchase 5kg kikuyu seed

Park Entrance sign $540

Brochure Holder $139.40

Amenities Upgrade up to $24,000

Dog Bag dispenser $360

Cleaning Standing order $300 per month

Mitre 10 standing order $100 per month

Air conditioners to cabins $1,600

Murray Recreation and Caravan Park Committee

25 August 2015

17/06/15 Angaston Hardware $79.90

21/06/15 Barossa Plumbing & Gas Service $687.50

Risk Considerations

Talunga Recreation Park Committee

2015/331


3 August 2015 Decision that vehicle access will be prohibited through the new atrium.

Drainage assessment at caravan park being undertaken.

Further felling on pine trees on oval boundary being completed by Mt Pleasant Men’s Shed.

Security / key access to atrium being assessed.

Continuing high level management for specific caravan residents.

Request from caretaker for dedicated scaffolding, Risk Manager to work with caretaker to define most

appropriate solution.

1 June 2015

Atrium construction commenced

Speed restriction devises considered for roadways

Pine Tree removal.

30 March 2015

Discussion on balancing load of power circuits for show day.

1 December 2014

Cyrus Tree at Caravan Park – near miss branch drop.

Toilet odour reported.

Small horse archery club – proposal to use back area. Proposed fee of $50 per day.


5 August 2015

Planning for event – Remembrance Day 11/11/2015

Tanunda Recreation Park Committee

5 August 2015

Grandstand Rail installed

Bowling Club fence broken and polycarb sheeting stolen from premises. Quote for fence repair to be

obtained, if not covered by Bowling Club insurance Committee would like Recreation Park to fund.

Resource Considerations

Talunga Park Recreation Park Committee

1 June 2015

700m3 Fill organised at Mount Pleasant Men’s Shed site.

Caretaker finished role as at 30 June 2015.

Torrens Valley Football Club licence negotiations.

Discussion regarding proposal for indoor hose complex within the region.

30 March 2015

Caretaker resignation

Williamstown Queen Victoria Jubilee Park Committee

11 August 2015

Upgrade of car park area for football semi-final

Committee Minutes Of Link To Minutes

Talunga Park

Management

Committee

3 August 2015

1 June 2015

2 March 2015

30 March 2015

2 February 2015

http://www.barossa.sa.gov.au/Media/Default/Council/Communi

ty%20Committees/Committee%20minutes/Talunga%20Park%20M

anagement%20Committee%20minutes%20of%203%20August%202

015.pdf


ty%20Committees/Committee%20minutes/Minutes%20-

Talunga%20Park%20Management%20Committee%20-

%20%201%20June%202015.pdf




%202%20March%202015.pdf


ty%20Committees/Committee%20minutes/Talunga%20Park%20M

http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Talunga%20Park%20Management%20Committee%20minutes%20of%203%20August%202015.pdf




http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Minutes%20-Talunga%20Park%20Management%20Committee%20-%20%201%20June%202015.pdf




http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Minutes%20-Talunga%20Park%20Management%20Committee%20-%202%20March%202015.pdf




http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Talunga%20Park%20Management%20Committee%20minutes%20of%2030%20March%202015.pdf


2015/332


1 December 2014

29 September

2014

4 August 2014

anagement%20Committee%20minutes%20of%2030%20March%20

2015.pdf

http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Minutes%20-


2%20February%202015.pdf




%201%20December%202015.pdf




%2029%20September%202015.pdf




%204%20August%202015.pdf

Williamstown

Community

Council

10 August 2015

27 April 2015

16 March 2015

27 January 2015


ty%20Committees/Committee%20minutes/Minutes%20Williamsto

wn%20Community%20Council%2010%20August%202015.pdf


ty%20Committees/Committee%20minutes/Williamstown%20Com

munity%20Council%20minutes%20of%2027%20April%202015.pdf



wn%20Community%20Council%2016%20March%202015.pdf



wn%20Community%20Council%2027%20January%202015.pdf

Williamstown

Queen Jubilee

Park Committee

11 August 2015 http://www.barossa.sa.gov.au/Media/Default/Council/Communi


wn%20Queen%20Victoria%20Jubilee%20Park%20Committee%201

1%20August%202015.pdf

Murray

Recreation Park

Committee


ty%20Committees/Committee%20minutes/Minutes%20Murray%20

Recreation%20Park%20Committee%2025%20August%202015-

1.pdf

Stockwell Hall

Committee

23 July 2015 http://www.barossa.sa.gov.au/Media/Default/Council/Communi

ty%20Committees/Committee%20minutes/Minutes%20Stockwell%

20Hall%20Committee%2023%20July%202015.pdf

Tanunda

Recreation Park

Committee


ty%20Committees/Committee%20minutes/Minutes%20Tanunda%

20Recreation%20Park%205%20August%202015-1.pdf

Upper Torrens Land Management Project

21 July 2015 http://www.barossa.sa.gov.au/Media/Default/Council/Council%

20Committees/Upper%20Torrens%20Land%20Management%20Pr

oject/UTLMP%20Steering%20Committee%20Special%20General%2

0Meeting%20Draft%20Minutes%2020150721%20for%20circulation.

pdf



http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Minutes%20-Talunga%20Park%20Management%20Committee%20-2%20February%202015.pdf




http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Minutes%20-Talunga%20Park%20Management%20Committee%20-%201%20December%202015.pdf




http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Minutes%20-Talunga%20Park%20Management%20Committee%20-%2029%20September%202015.pdf




http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Minutes%20-Talunga%20Park%20Management%20Committee%20-%204%20August%202015.pdf




http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Minutes%20Williamstown%20Community%20Council%2010%20August%202015.pdf



http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Williamstown%20Community%20Council%20minutes%20of%2027%20April%202015.pdf



http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Minutes%20Williamstown%20Community%20Council%2016%20March%202015.pdf



http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Minutes%20Williamstown%20Community%20Council%2027%20January%202015.pdf



http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Minutes%20Williamstown%20Queen%20Victoria%20Jubilee%20Park%20Committee%2011%20August%202015.pdf




http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Minutes%20Murray%20Recreation%20Park%20Committee%2025%20August%202015-1.pdf




http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Minutes%20Stockwell%20Hall%20Committee%2023%20July%202015.pdf



http://www.barossa.sa.gov.au/Media/Default/Council/Community%20Committees/Committee%20minutes/Minutes%20Tanunda%20Recreation%20Park%205%20August%202015-1.pdf



http://www.barossa.sa.gov.au/Media/Default/Council/Council%20Committees/Upper%20Torrens%20Land%20Management%20Project/UTLMP%20Steering%20Committee%20Special%20General%20Meeting%20Draft%20Minutes%2020150721%20for%20circulation.pdf





2015/333


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


4.2 – Service

Council Plans

Prudential Management Policy

Procurement Policy


None

7.4.1.1

PROPOSED ROAD CLOSURE – 2015 AUSTRALIAN MASTERS GAMES – CYCLING EVENTS

B1045

MOVED Cr Seager that

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

closure of the following roads:

Cricks Mill Road / Williamstown Road entirely from Warren Road, Mount Crawford

to Melrose Street / Torrens Valley Road, Mount Pleasant between 9.00am and

5.00pm on Thursday 8 October 2015, and Railway Terrace, Mount Pleasant

entirely from Williamstown Road, Mount Pleasant and Melrose Street, Mount

Pleasant between 9.00am and 5.00pm on Thursday 8 October 2015 and Friday 9

October 2015, and associated speed restrictions as indicted on the Traffic

Management Plan provided by Cycling SA to support the Time Trial and Road

Race cycling events associated with the 2015 Australian Masters Games, and

(2) Cycling SA are to be instructed, as a condition of approving the road closure, to

install and monitor compliant advisory signage at each end of Cricks Mill Road

/Williamstown Road, Mount Pleasant notifying road users and local residents of

the proposed closure commencing Monday 28 September 2015.


INTRODUCTION

Cycling SA has applied to The Barossa Council for support as they plan the 2015 Australian Masters Games

Cycling Events to be based in Talunga Park Mount Pleasant on Thursday 8 and Friday 9 October 2015.

COMMENT

Organisers have met with Council Staff and SAPOL to discuss the staging of the 2015 Australian Masters

Games Cycling Events out of Talunga Park Mount Pleasant.

2015/334


The meeting required organisers to provide to Council a traffic management plan from a traffic management company for assessment and consideration which they have obtained from The Traffic Guys

and is attached for information.

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

Road races of this type are often held on roads without any official closures; however, it was considered by

Council officers and SAPOL to be a good risk management strategy for this high profile event to operate

under full road closure and associated speed restrictions.

Elected Members may wish to consider requiring the organisers to erect signage or deploy Variable

Message Boards in the week prior to the closure to advise regular road users of the proposed road closure.

Elected members are advised that the Department Planning Transport and Infrastructure (DPTI) have been

approached by organisers for approval to use Cricks Mill Road as it is under the care and control of DPTI

and no objections were raised by DPTI.

SAPOL will be guided by Council Officers before they endorse a closure request and further advise that this

time trial can be conducted under the Australian Road Rules without any closure in place.


COUNCIL STRATEGIC PLAN

2.1 Tourism


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

and the general public.

The implementation and the cost of the road closure is to be met by the event organisers. There are no

foreseeable financial and risk management considerations.


Road closures will be published in the local papers and Cycling SA will liaise with local residents and

businesses to advise them of the closure.

7.4.1.2

ROAD SEALING PROGRAM 2015-2016

B3025

MOVED Cr Lange that report Item 4.4.1.3 from the Council Meeting held on 18 August

205 – Road Sealing Program 2015-2016, be lifted from the table for discussion.


MOVED Cr Lange that Council receive the report noting the amended Road Resealing

Program for 2015-16.


INTRODUCTION

At its meeting held on 18 August 2015 Council considered Consensus Agenda Works and Engineering 4.4.1.3 addressing Road Sealing Program 2015-2016 resolving:

“that the matter Road Sealing Program 2015-2016 lie on the table to enable further

information on urban road surface treatments to be brought to the next Council meeting.”

COMMENT

Having reviewed the original Road Resealing 2015-16 program as per the 18 August 2015 Council Meeting,

some changes have been made to include an omission and reconsider some township treatments. There

are a number of township roads where it has been decided to change the treatment from Spray Seal to

Hotmix, as listed in the ‘proposed seal type for reseal’ column in the Deterioration Modelling Curves table

(attached) within The Barossa Council Transport Infrastructure & Asset Management Plan.

2015/335


The Transport – Infrastructure and Asset Management Plan (V2.0, November 2012) confirms Council has 343 kilometres of sealed roads under Council’s care and control. Risk Management of Council’s Transport

Assets is discussed in the Asset Management Plan and renewal works funded accordingly as part of the

Long Term Financial Plan and budget allocations each year.

Council’s budget allocation for 2015/2016 Road Re-sealing is $1,173,384 (Including CITB Levy) and Road

Sealing upgrade $628,734.

Attachments:

Amended Road Reseal Program 2015-16

Table - Deterioration Modelling Curves for Barossa Sealed Roads



3.4 Infrastructure


Council’s budget allocation for 2015/2016 Road Re-sealing is $1,173,384 (Including CITB Levy) and Road

Sealing upgrade $628,734.


Community requests and concerns have been considered in developing the program for 2015-16.

7.4.1.3

AGREEMENT – MID MURRAY COUNCIL FOR USE OF STOCKWELL COMMUNITY WASTEWATER

TREATMENT PLANT FOR TREATMENT OF EFFLUENT FROM TRURO

B537

MOVED Cr Angas that Council authorises the Wastewater Treatment Agreement with

the Mid Murray Council for the proposed treatment of effluent from the Truro CWMS at

the Stockwell Community Wastewater Treatment Plant and authorises the Chief

Executive Officer to execute the Agreement.


INTRODUCTION

The Barossa Council, at its meeting held on 20 August 2013 discussed a request from Mid Murray Council for

the use of Stockwell Community Wastewater Treatment Plant for delivery of Truro CWMS and resolved the

following:-

“That Council in principle agrees with the proposal of effluent from the Truro CWMS System being

treated at the Stockwell Treatment Plant and that council officers be authorised to negotiate the terms and conditions of the agreement for further approval by Council.”

COMMENT

The terms and conditions of the Agreement have been negotiated and finalised with the Mid Murray

Council – see attached and Council approval of the draft document is required prior to finalisation and

signing of the Agreement.



3.2 Waste


All costs associated with the proposal to be met by the Mid Murray Council.


No community consultation is required by legislation or under the principles of the Public Consultation

Policy.

2015/336


7.4.1.4

GRANT OF EASEMENT – TOOROLLIE VINEYARDS PTY LTD – STOCKWELL COMMUNITY

WASTEWATER MANAGEMENT SCHEME (CWMS) REUSE PIPELINE

B534

MOVED Cr Boothby that the Mayor and Chief Executive Officer be authorised to sign

and seal the Grant of Easement documents for drainage purposes over land contained

in Certificate of Title Volume 5179 Folio 936.


INTRODUCTION

An easement is required to protect and maintain The Barossa Council Stockwell Reuse Main infrastructure

line that runs from the Stockwell Reuse Lagoon to the Stockwell Recreation Park.

COMMENT

By mutual agreement and for no monetary consideration, a Grant of Easement for drainage purposes has

been prepared for execution by Toorollie Vineyards Pty Ltd in relation to the reuse main pipeline across

their property.

The Toorollie Vineyards Pty Ltd property is bordered on three sides by Duckponds Road, Carrara Hill Road

and Stockwell Road and the reuse main is contained and will be protected within a 3 metre easement that

will run within the entire western boundary of the property.



3.2 Waste



Nil

7.4.1.5

CUSTOMER CHARTER – CUSTOMER CHARTER WATER AND SEWERAGE SERVICES

B214

MOVED Cr Boothby that Council approves the draft Customer Charter for submission to

the Essential Services Commission of South Australia as The Barossa Councils Customer

Charter - Water and Sewerage Services.


INTRODUCTION

The Barossa Council, as a supplier of Water and Sewerage Services under the Water Industry Act 2012, is

required to have a Customer Charter to cover these services.

The attached draft Charter has been developed and approved in conjunction with the Essential Services

Commission of South Australia (ESCOSA).

COMMENT

The terms and conditions of the Customer Charter have been approved in draft by ESCOSA prior to being

submitted to Council.



3.2 Waste

Water Retail Code March 2015 – Section3.1.1


None

2015/337



No community consultation is required by legislation or under the principles of the Public Consultation

Policy.

7.5.1 GENERAL INSPECTOR - DEBATE

7.5.1.1

REVIEW OF PEST ANIMAL POLICY ON THE MANAGEMENT OF FOXES IN SOUTH AUSTRALIA

B3735

MOVED Cr Seager that Council:

(1) Receives the report and;

(2) Advise Biosecurity SA that Council supports the State Government in their

endeavours to minimise the impact of foxes.


INTRODUCTION

Correspondence has been received from Biosecurity SA advising of a draft revision of the State

Government’s fox policy.

COMMENT

The draft policy seeks to maintain high levels of voluntary fox management by ensuring government,

industry and the community recognise their shared roles and responsibilities for fox management and

collaborate where required at state, regional and local levels.

Council have no direct involvement in the management of foxes but acknowledge their impact on the

community.

Attachment:

Review – Pest Animal Policy


LEGISLATION:

Natural Resource Management Act 2004

COUNCIL STRATEGIC PLAN:

3.2 – Environmental Sustainability


Nil.


Consultation is not required under policy or legislative requirements.

7.5.1.2

PETITION TO COUNCIL – DOG REGISTRATION FEES

B2770, 15/35690

MOVED Cr Boothby that Council:

(1) Receives and notes the petition and;

(2) Responds to the lead petitioner Mr David Warren, advising of further actions and

availability of officers to meet and answer further questions, and that the petition

will assist Council when setting fees for the 2016/17 financial year.

Seconded Cr Angas CARRIED 2014-18/397

INTRODUCTION

2015/338


Members are referred to Council Report 7.5.1.1 submitted to Council on 17 February 2015, whereby Council adopted the price schedule for dog registration fees for the 2015/16 financial year. [ COMMENT

Upon adoption by Council, the fee schedule was forwarded to the Dog and Cat Management Board for

approval, and subsequently to the Minister for Sustainability, Environment and Conservation for approval.

On 20 May 2015 correspondence was received advising that the Minister had approved Council’s

schedule of dog registration fees for the 2015/16 financial year (refer attachment 2).

Following attendance at Council’s meeting held on 18 August 2015 by Mr David Warren and Mr Trevor

Langridge, a petition in relation to current dog registration fees has been received by Council (refer

attachment 3).

Attachments:

Report to Council 17 February 2015

Confirmation of approval from Minister for Sustainability, Environment and Conservation

Petition


LEGISLATION:

Dog and Cat Management Act 1995


1.4 – Safety and Security


A review will be undertaken during the third quarter of the 2015/16 financial year in readiness for the

2016/17 financial year at which time Council will be reminded of the petition as part of its considerations.



7.5.1 ENVIRONMENTAL HEALTH - DEBATE

7.5.2.1

SA PUBLIC HEALTH ACT ANNUAL REPORT 2014-15

B926

MOVED Cr Hurn that Council;

(1) Receive and endorse the report

(2) Authorises the Chief Executive Officer to sign off the SA Health Act Annual Report

2014-15, and forward it to SA Health prior to 30 September 2015.


INTRODUCTION

2012 was the last time that Council was required to provide an annual report to the State Government (SA

Health) on compliance matters under the former SA Public and Environmental Health Act 1987. Since then

SA has transitioned incrementally across to the provisions of the SA Public Health Act 2011. Thus since 2012

all reporting in this area of operations has been in regard to; the remaking of the Regulations (May 2013);

and the progress of the new Public Health Act, specifically Regional Public Health Planning (August 2012,

March 2013, August 2014).

Council was recently advised by SA Health that this annual reporting requirement is now reinstated and

that the ‘environmental health annual report for the 2014-15 financial year’ is now due. SA Health has

requested that all councils complete and submit this report by 30 September 2015, using the updated

proforma attached.

COMMENT

Reinstatement of Annual Environmental Health Reporting

2015/339


Following consultation with the Local Government Association (LGA) and the Environmental Health Managers Forum (EHMF), SA Health has developed a new environmental health annual reporting

proforma. Its intension is to collect important information on workforce, activities, compliance,

administration and enforcement of the South Australian Public Health Act 2011 (the Act) and its regulations

and will:

monitor administration of the Act

identify trends in compliance and enforcement

provide the basis for future indicator development

assist in the identification of gaps in legislation

assist the timely and effective outbreak coordination

identify support required by agencies administering the Act

SA Health inform that every effort has been made to minimise the work required to prepare the reports

whilst focussing on information that can be used to assess trends and direct policy and service provision.

Data obtained from reports will be used to inform the State Public Health Plan and the Chief Public Health

Officer’s Report, particularly in the priority area of sustaining and improving public and environmental

health protection.

To clarify the proforma, Council’s responses are in red.

Please note that the proforma does not allow for removal of sections or tables where there is no

information to provide and so they have been left blank (which can be confusing to the reader).

Unlike reports prior to 2012, the new SA Health proforma also requires sign off by the person to contact

(regarding the proforma) and endorsement by the Chief Executive Officer/delegated person.

Submission of copy SAPH Act section 92 Notices to SA Health

A measure requested by the EHMF to be part of the new environmental health reporting system is the

submission of copies of all notices issued pursuant to section 92 of the Act to

[email protected] within 7 days of the date of issue (including preliminary

notices and emergency notices), commencing from 1 July 2014. This will enable timely assessment of

enforcement practices and current issues state-wide where enforcement notices are deemed necessary.

Consequently a copy of the s92 notice (referred to in 2.1.1 of the attached proforma) has already been

sent to SA Health.


LEGISLATION:

South Australia Public Health Act 2011


1.1 Health and Family

4.1 Responsibility


Nil



ADJOURNMENT OF COUNCIL MEETING – 11.00AM

MOVED Cr Hurn that the Council meeting adjourn for a short break at 11.00am.


RESUMPTION OF COUNCIL MEETING – 11.13AM

The Council meeting resumed at 11.13am.

Mayor Sloane and Mr Martin McCarthy, Chief Executive Officer returned to the meeting

at 11.13am and Mayor Sloane assumed the Chair.

mailto:[email protected]

2015/340


8. CONFIDENTIAL MATTER – DIRECTOR – WORKS AND ENGINEERING - 11.13AM

8.1

TENDER – BAROSSA REGIONAL PROCUREMENT GROUP NEW SURFACING WORKS AND

RESURFACING OF SEALED ROADS C002/2015 REPORT

Cr Seager disclosed a conflict of interest in the matter 8.1 – Tender – Barossa Regional

Procurement Group New Surfacing Works and Resurfacing of Sealed Roads C002/2015

Report as he is a shareholder of two of the companies named in the report and left the

meeting at 11.13am.

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 – 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 regarding the

receiving, reviewing and assessing of tenders for new surfacing works and

resurfacing of sealed roads – 002/2015, being tenders for the supply of goods,

the provision of services or the carrying out of works, which is specifically

commercial information provided in confidence, all tender documentation

present be considered in confidence to protect commercial information

provided through the tender process; and

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

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

to keep the information and discussion confidential.


REPORT

As this item is a Tender, tender submissions and associated analysis are to be recommended to be

considered in confidence to protect commercial in confidence information provided through the tender

process and the report, attachments and associated documents are provided to the committee so as not

to divulge commercial information, and therefore pursuant to Section 90(3)(k) of the Local Government

Act the information is related to tenders for the supply of goods, the provision of services or the carrying out

of works.

RESUMPTION OF OPEN COUNCIL MEETING – 11.16AM

The open meeting of Council resumed at 11.16am.

Cr Seager returned to the meeting at 11.16am.

In the matter 8.1 Tender – Barossa Regional Procurement Group New Surfacing Works

and Resurfacing of Sealed Roads C002/2015 Report:

MOVED Cr Lange that Council:

(1) Confidential Resolution.

(2) Having considered the matter in confidence under Section 90(3)(i) of the Local

Government Act 1999, make an order pursuant to Section 91(7) that the report

and attachments of the Confidential Council Meeting held on 15 September

2015/341


2015, in relation to confidential Item 8.1.1, Barossa Regional Procurement Group

– New Surfacing Works and Resurfacing of Sealed Roads Tender – 002/2015 other

than the minutes relating to this confidentiality order, be kept confidential and

not available for public inspection until 30 June 2019 and that the Chief

Executive Officer be delegated the power to review this order annually.

Seconded Cr Miller CARRIED CO2014-18/10

DEVELOPMENT AND ENVIRONMENTAL SERVICES - CONFIDENTIAL MATTER - 11.17AM

8.2

MITIGATION OPTIONS FINDINGS REPORT – FINAL DRAFT

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, with the exception of

the Chief Executive Officer, Director – Development & Environmental Services,

Director – Corporate & Community Services, Director – Works & Engineering, and

the Minute Secretary, in order to consider in confidence a report relating to

Section 90(3)(g) of the Local Government Act 1999 – matters that must be

considered in confidence in order to ensure that the council does not breach

any law, order or direction of a court or tribunal constituted by law, any duty of

confidence, or other legal obligation or duty.

(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.


REPORT:

This report relates to the final draft Mitigation Options Findings Report that contains a series of proposed

mitigation works based on technical advice that may impact private land owners within the region;

accordingly it is recommended that the report remains confidential until as such time that the Authority’s

Board makes a decision to release the report, based on feedback from all Constituent Councils.

RESUMPTION OF OPEN COUNCIL MEETING – 11.24AM

The open meeting of Council resumed at 11.24am.

In the matter 8.2 Mitigation Options Findings Report – Final Draft:

The matter remains in confidence and is currently lying on the table.

9. REPRESENTATIVES ON COUNCIL COMMITTEES – REPORTS

Nil

10. NEXT MEETING

Wednesday 21 October 2015 at 9.00am.

11. CLOSURE OF MEETING

Mayor Sloane declared the meeting closed at 11.25am

Confirmed at Council Meeting – Wednesday 21 October 2015

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

2015/21

The Barossa Council CONFIDENTIAL Minutes of Council Meeting held on 15 September 2015

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 15 September 2015 commencing at 11.17am

MEMBERS PRESENT

Mayor Bob Sloane, Crs Dave de Vries (Deputy Mayor), John Angas, Margaret

Harris, Leonie Boothby, Mark Grossman, Bim Lange, Richard Miller, Christopher

Harms, Michael Seager and Tony Hurn

OFFICERS PRESENT

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

Corporate and Community Services, Mr Peter Bice, Director Works and

Engineering, Mr Gary Mavrinac, Director Development and Environmental

Services and Ms Lorraine Walsh, Executive Assistant

LEAVE OF ABSENCE

Cr Scotty Milne

APOLOGIES

Nil

8.2. DIRECTOR DEVELOPMENT AND ENVIRONMENTAL SERVICES –

CONFIDENTIAL MATTER

8.2.1

MITIGATION OPTIONS FINDINGS REPORT – FINAL DRAFT

B259

MOVED Cr de Vries that Council

(1) Authorises the Chief Executive Officer to write to the Gawler River

Floodplain Management Authority advising that:

1. Council has received and noted the Findings Report

2. Council request that the Authority’s Board

a) seek to further review options for levee and channel in the lower

reaches of the Gawler River

b) not commit to the proposed works until funding can be secured

from external sources

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

90(3)(g) of the Local Government Act 1999, make an order pursuant to

Section 91(7), that the minutes and report of the Confidential Council

Meeting held on 15 September 2015 in relation to Confidential Item 8.1.1,

Mitigation Options Findings - Final Draft, other than the Minutes relating to

this confidentiality order, be kept confidential and not available for

Out of Confidence

2015/22


public inspection until the Authority’s Board has formally resolved to

publicly release the report.

Seconded Cr Miller

MOVED Cr Lange that the matter 8.2 Mitigation Options Findings Report – Final

Draft lie on the table to enable the Gawler River Floodplain Management

Authority to undertake further investigations and seek a peer review of the

findings.

Seconded Cr Hurn CARRIED CO2014-18/11

INTRODUCTION

The Gawler River Flood Management Authority (GRFMA) has provided Constituent Councils the

opportunity to provide feedback on the Final Draft Mitigation Options Findings for the Gawler

River Flood Mitigation Scheme.

The Final Draft Findings Report from Australian Water Environments was commissioned by the

GRFMA in mid to late 2014. The purpose of the report was to further review the available flood

mitigation options (both structural and non-structural) and the potential for a second flood

mitigation dam.

This document has been perused by the Authority's Board in camera and each of the Constituent

Councils has been requested to treat this document in the strictest of confidence.

COMMENT

A draft of the Mitigation Options Findings Report had been presented to the members of the

Authority’s Board earlier this year, with a presentation from Geoff Fisher of Australian Water

Environments.

In response to the draft report, officers from each of the Constituent Councils were provided the

opportunity to provide technical feedback on the mitigation options. In addition, a bus tour had

been arranged for members to visit the various mitigation sites.

Following feedback, the final draft of the report has now been presented to each Constituent

Councils for consideration and feedback. Feedback is sought by 30 September 2015. (refer

Attachment 1).

The Stormwater Management Authority (SMA) will provide grant funding to offset the cost of

undertaking the Findings Report once all councils receive the report.

Flood Modelling and Mapping

As a part of the report, the base flood model has been updated to incorporate major changes in

the landscape of the Gawler River floodplain. The flood extent is slightly less than the previous

2007 mapping.

The Authority’s Board resolved to have the new flood mapping extracted as a separate report

(Gawler River Floodplain Mapping Report – Draft August 2015), and subsequently resolved to

allow this report to be made available. This will enable those councils currently preparing flood

DPAs to incorporate the new mapping.

The updated flood extent of a 1 in 100 ARI event is provided in Figure 3-2 of the Findings Report

The balance of the Findings Report is to remain confidential at this point in time.

Mitigation Measures

The Findings Report presents a number of structural and non-structural options in minimising the impacts of flooding in the future.

Non-Structural Options (Section 4.1)

1. Flood Preparedness

2. Development/Planning Controls

Structural Options (Section 4.2)

1. Flood Mitigation Dams

2. Retarding Basin downstream of Gawler

3. Levees

4. Bypasses and Floodways

5. Channel modification

Out of Confidence

2015/23


The Findings Report considered two of the structural options in more detail, as discussed in Section 5 of the Report. These shortlisted mitigation options are:

Flood Mitigation Dam – downstream of Rosedale

Strategic levees to protect higher density development

o Virginia township and horticulture area

o Two Wells township

o Gawler township

Costing

Of the two options, a flood mitigation dam provides the greatest level of flood protection, but

also represents the highest level of investment required. It is acknowledged that the costs of the

mitigation measures proposed in the Findings Report are beyond capacity of each individual

council.

As with the previous mitigation works, there will be a need to identify external funding sources to

help offset costs to the Constituent Councils.

As the GRFMA is in the process of selecting an independent chairperson, the Authority’s Board

should be seeking a chairperson that has strong advocacy skill in order to be able to seek

Federal/State funding to assist in the implementation of the Findings Report, should it be

supported by the Constituent Councils.

Noting the impact of the proposed mitigation dam on the Rosedale settlement, Council and the

GRFMA Board could agree to the priorities, but request a reduction in size (and subsequently

cost) of the Rosedale dam to minimise impact on the local community. In doing so, it should be

noted that this will reduce the protection capacity of the dam. In essence, a reduction in size will

provide protection for a 1 in 80/90 ARI event from the proposed 1 in 100 ARI event.

As an alternative to the mitigation dam, the GRFMA may seek to further review the options for

levee and channel in the lower reaches of the Gawler River.

Attachment:

Mitigation Options Findings – Final Draft


LEGISLATION

Local Government Act 1999, Section 43

STRATEGIC PLAN

1.4 Safety and Security

3.2 Environmental Sustainability

3.4 Infrastructure


The GRFMA and Constituent Councils have a level of responsibility to act on dealing with known

potential flood risks. In receiving the Findings Report, the GRFMA needs to be seen to be moving

forward in seeking to address flood measures in a strategic and financially sustainable manner.

The proposed mitigation options will require additional resources that are not contained within

current budget or the Council’s Long Term Financial Plan.


Not required by Council.

CLOSURE OF CONFIDENTIAL MEETING

There being no further business, the confidential meeting closed 11.24am.

Confirmed at Council meeting Wednesday 21 October 2015

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

Out of Confidence

minutes of the meeting of the barossa council...ms julie fiedler, executive officer, horse sa –...

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