notice of council meeting - amazon s3...aug 28, 2012 · is the traditional lands for the kaurna...

NOTICE OF COUNCIL MEETING

TO: Mayor Deputy Mayor

Brian Sambell David Hughes

Councillors Kevin Fischer Diane Fraser Scott Fraser Dianne Hockley Paul Koch Barry Neylon Karen Redman Adrian Shackley Brian Thom

NOTICE is hereby given pursuant to the provisions of Section 83 (1) of the Local Government Act 1999, that the next ordinary meeting of the Council for the Town of Gawler will be held in the Council Chamber, Town Hall, 89 Murray Street, Gawler, on Tuesday 28 August 2012, commencing at 7pm. A copy of the Agenda for the above meeting is supplied as prescribed by Section 83 (3) of the said Act.

......................................... Stephen Kerrigan Chief Executive Officer 23 August 2012

COUNCIL MEETING AGENDA 28 August 2012

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TOWN OF GAWLER

Meeting of the Council for the Town of Gawler to be held on Tuesday 28 August 2012 at 7pm in the Council Chamber, Town Hall, 89 Murray Street, Gawler. (Note: Council meetings are subject to a three-hour time limit; with one extension of up to a further 30 minutes).

A G E N D A 1. Statement of Acknowledgement

Deputy Mayor: We would like to acknowledge this land that we meet on today is the traditional lands for the Kaurna people and that we respect their spiritual relationship with their country. We also acknowledge the Kaurna people as the custodians of the greater Adelaide region and that their cultural and heritage beliefs are still as important to the living Kaurna people today.

2. Attendance Record

2.1 Roll Call

2.2 Apologies

2.3 Motions to grant Leave of Absence Cr Kevin Fischer

2.4 Leave of Absence Mayor Brian Sambell

3. Confirmation of Minutes

3.1 Council Meeting 24 July 2012 (Folio 219-247) 3.2 Special Council Meeting 7 August 2012 (Folio 248-250) 3.3 Special Council Meeting 14 August 2012 (Folio 251-259) 3.4 Special Council Meeting 16 August 2012 (Folio 260-272)

4. Business Arising from Minutes 5. Petitions Nil 6. Deputations Page No.

6.1 David Pedler and Aaron Phillips, Child and Youth Friendly Gawler Group (CYFGG) (15 minutes requested)

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6.2 Patrick Mells – Lions Club of Gawler 18

6.3 Stephen Kerrigan and Bridgett Leopold, Barossa Zone Emergency Management Committee (ZEMC)


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7. Public Open Forum (Limited to a total time of up to 20 minutes)

8. Notices of Motion Page No. 8.1 Cr Diane Fraser – Gawler Apex Club Project 19-26

8.2 Cr Kevin Fischer – Martindale Nursing Home 27 9. Questions on Notice Nil 10. Officer Reports

10.1 Hillier Development Plan Amendment 28-32

10.2 Variation of a Land Management Agreement 33-36

10.3 By-Laws Review 37-39

10.4 Consent to Rescind an Existing Land Management Agreement – Evanston South Pty Ltd (Lanser Communities) 40-45

10.5 Development Assessment Panel Vacancy 46-49

10.6 Land Management Agreement Proposal 50-54

10.7 Southern Gateway Entrance Statement Sculpture 55-58

10.8 Grant Funding For Two Additional Bus Shelters 59-60

10.9 Review of Sport and Swimming Centre Operations 61-66

10.10 Confidentiality Provision Update 67-76

10.11 Council Operating Hours – Christmas and New Year 77-80

10.12 December 2012 Council Meeting 81

10.13 Delegations Amendment 82-96

10.14 Procedures at Meetings Regulations 2012 – Consultation Document 97-106

10.15 Gawler River Flood Prone Areas DPA – Confidential Provision Report 107-110

10.16 STARCLUB Field Officer Program 111-114

10.17 Gawler Swimming Centre Fees 2012/2013 115-116


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11. Recommendations from Committees Page No.

11.1 Special Infrastructure and Environmental Services Committee Meeting – 2 August 2012

117-118

11.2 Elderly Centre Management Committee Meeting – 3 August 2012

118

11.3 Infrastructure and Environmental Services Committee Meeting – 14 August 2012

118-119

12. Questions without Notice 13. Motions without Notice 14. Progress Report

For information only. 15. Elected Member Reports 16. Confidential Reports

16.1 Chief Executive Officer Recruitment Process 120

16.2 Chief Executive Officer – Leave Entitlements 121

17. Closure 18. Next Ordinary Meeting Tuesday 25 September 2012, commencing 7pm


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6. Deputations

6.1 David Pedler and Aaron Phillips, Child and Youth Friendly Gawler Group (CYFGG)

CHILD AND YOUTH FRIENDLY GREATER GAWLER

STRATEGIC PLAN PREAMBLE The Child and Youth Friendly Greater Gawler Strategic Plan has evolved out of a community forum held on 15th November 2011. The forum aimed to raise awareness of the Child and Youth Friendly State Reform Agenda, and garner support for the development and execution of a plan for children and youth in the Greater Gawler Region. For the purposes of this Plan the area encompassed by the term Greater Gawler incorporates Post Code areas 5116 and 5118 and transcends local government boundaries. As such it includes the Town of Gawler, as well as small pockets of the Barossa Council (Kalbeeba) and Light Regional Council (Hewett,). It comprises the area from Kingsford in the north to beyond Evanston Park in the south, and from Kangaroo Flat in the west to Kalbeeba in the east. Australian Early Development Index data is available for the following areas: Evanston, Evanston Gardens, Gawler West, Evanston Park, Gawler, Gawler East, Gawler South, Hewett and Willaston.


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Following the forum, a Steering Committee was formed, which has taken responsibility for developing the framework and content of the Child and Youth Friendly Greater Gawler Strategic Plan. The Plan is based on the discussions that took place at the community forum together with demographic and educational analysis of the Town of Gawler and surrounding areas. In addition, the Plan takes account of the SA Government’s priorities for the development of child, youth and family friendly communities. The purpose of this Plan is to inform and guide our work relating to children and youth (ages 0-18 years) as well as their families. The Plan includes four key goal areas for Child and Youth Friendly Greater Gawler on which to focus, in partnership with the community and State and Local Governments. INTRODUCTION What is a Child and Youth Friendly Community? A community is considered to be Child and Youth Friendly if local governance structures are committed to fulfilling the rights of children and youth. In practise this means that children and youth rights are reflected in policies, laws, programs and budgets, their perspectives and opinions are sought, taken into consideration and influence decision making processes. It is a place where children and youth:

• participate in family, community and social life


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• influence decisions about their community • are protected from exploitation, violence and abuse • meet friends and play

A Child and Youth Friendly Greater Gawler will provide children with: • Safe and accessible places and spaces • An informed, caring and inclusive community • A great start for every child • Quality services and facilities

Why should Greater Gawler seek recognition as a Child and Youth Friendly community? 1. International Policies

Almost every country in the world has signed The United Nations Convention on the Rights of the Child agreeing to uphold these rights. Australia ratified the convention in January 1991. The United Nations Children’s Fund (UNICEF) has identified that the challenge now facing governments is to find an effective way of integrating principles that support the best interests of children and youth within government policy. As a result, in 1996 the United Nations launched the Child and Youth Friendly Cities Framework. According to UNICEF, the guiding principle behind the initiative is that ‘safe and supportive environments nurture children of all ages with opportunities for recreation, learning, social interaction, psychological development and cultural expression to promote the highest quality of life for its young citizens’.

2. International Research

Internationally there is recognition that the early years of life are of major importance in the growth and development of healthy and responsible individuals. An increasing body of evidence is suggesting that in order to lift the productivity of nations and reap economic benefits, a larger investment in the early years and an emphasis on the importance of a whole-of-government approach to early childhood development is required.

3. National Policy

The current Federal Labor Government’s agenda for early childhood education and child care focuses on providing families with high-quality, accessible and affordable integrated early childhood education and child care. The agenda promotes an investment in the health, education, development and care of children.

4. State Government Policy

South Australia - A Child and Youth Friendly State was endorsed by Cabinet as a State Reform Agenda policy priority on 25 November 2009. The strategy expands on the UNICEF Child and Youth Friendly Cities Framework, but is a more ambitious undertaking in that it is based on creating a network of Child and Youth Friendly communities and cities linked together to realise a state-wide Child and Youth Friendly vision. In order to achieve this, individual councils are to be engaged and assisted to become accredited and formally recognised as ‘Child and Youth Friendly Cities’ under the Asia-


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Pacific accreditation framework developed by the Chair of the Asia-Pacific Network of Child and Youth Friendly Cities. The Child and Youth Friendly State reform priority is a whole of government commitment being led by the Department of Education and Child Development (DECD) in consultation with the Department of the Premier and Cabinet (DPC).

5. Local Government

The Local Government Association (LGA) has committed to a partnership in developing Child and Youth Friendly Cities under a Memorandum of Understanding with the Minister for Early Childhood Development. In entering into this MOU local Councils, pending individual contexts, will explore opportunities of collaboration with the broader community on:

• Development of initiatives and mechanisms that promote participation and wellbeing of 0-18 year olds.

• Joint research opportunities on early childhood development. • Facilitating the design of child and youth friendly neighbourhoods,

buildings, playgrounds, after consulting with local children and youth and examining relevant research.

• Developing child and youth friendly consultation and engagement mechanisms.

• Making strategic links with the Australian Early Development Index (AEDI).

• Greater integration of parenting services.

6. Social and Economic Drivers

Fraser Mustard, Adelaide Thinker in Residence 2006-2007, documented many social and economic benefits which are realized with effective early childhood development programs and early intervention strategies. Included among the benefits he cited were economic growth, social stability, improved health, better education performance. There is further research indicating additional benefits such as higher income from higher productivity, increased likelihood of home ownership, reduced poverty and increased economic wellbeing. Mustard highlighted that the annual cost to individuals and South Australian society in relation to behaviour and crime is $3 billion and mental health and substance abuse is $4 billion. He stressed that high quality investment in early childhood could reduce these costs by more than 50% - a potential reduction of $3.5 billion per year. JJ Heckman, Nobel Laureate in Economics 2000, stated that not only do early intervention programs promote schooling, reduce crime, foster workplace productivity and reduce teenage pregnancy, but they also have high cost-benefit ratios and rates of return. He argued that early intervention programs have a much greater economic return than later intervention programs such as reduced pupil-teacher ratios, public job training, convict rehabilitation programs, adult literacy programs, tuition subsidies and expenditure on law enforcement.

7. Development and Growth of Greater Gawler

Greater Gawler is currently undergoing significant population growth with more being planned for the immediate and longer term future. Developments which have begun on the


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eastern and southern boundary of the existing urban areas will increase the current population of 21,000 to approximately 40,000 over the next 10 – 15 years. Further developments planned under the State Government’s 30 Year Plan for Greater Adelaide will bring the population of the Concordia, Greater Gawler and Roseworthy area to an estimated 110,000 residents. The opportunity exists for the community view to influence planning and design of these and other developments. The Planning Institute of Australia in advocating for Child and Youth Friendly Communities encourages greater awareness in policy making of the relationship between children and youth needs and the built environment. The Planning Institute urges prioritisation of needs such as addressing obesity, creating a sense of belonging and place, fostering social connectedness, enhancing freedom to explore and encouraging engagement with the environment. Furthermore, it calls for more public and policy forums that raise the profile of the importance of Child and Youth Friendly communities.

8. Statistical Support

The Australian Early Development Index (AEDI) is a measure of how young children are developing in different communities. Like a census, it involves collecting information to help create a snapshot of early childhood development across Australia. The AEDI is a population measure of children’s development as they enter school. Based on the scores from a teacher-completed checklist, the AEDI measures five areas, or domains, of early childhood development:

• physical health and wellbeing • social competence • emotional maturity • language and cognitive skills (school-based) • communication skills and general knowledge.

In 2009 the AEDI was completed nationwide. A follow-up data collection will take place in 2012. This information will be used as base data against which can be measured the impact of the Child and Youth Friendly Greater Gawler programs aimed at 0-5 year olds. AEDI Data are available for the following areas: Evanston, Evanston Gardens, Evanston Park Gawler West, Gawler, Gawler East, Gawler South, Hewett, Kudla and Willaston.

9. Child and Youth Voice

Approximately 25% of Australia’s population is made up of children aged from birth to 18. They are, by and large, ignored by existing community engagement processes. Children and youth who are engaged in their communities, valued as citizens and provided a voice in decisions that affect their lives are more likely to be active citizens in their communities as adults. (Prof Pauline Harris, Child Friendly Gawler Forum, Gawler 2011) “Experiences of relationships and participation in communities contribute to children’s belonging, being and becoming. From birth children experience living and learning with others in a range of communities. These might include families, local communities or early childhood settings. Having a positive sense of identity and experiencing respectful, responsive relationships strengthens children’s interest and skills in being and becoming active contributors to their world”. (Belonging, Being and Becoming: The Early Years


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Learning Framework for Australia, Council of Australian Governments 2009 p 25). A major priority for this plan is to shift to “front and centre” the action of genuine engagement of children and youth in matters affecting their community. For this to be achieved it is recognised a community education program is required. It is anticipated this education program will be undertaken as engagement takes place and will be informed by the immediate experiences of the engagement process. GAWLER COMMUNITY PROFILE [As compiled from the Australian Bureau of Statistics “A Regional Profile” for the Town of Gawler, 2004 final edition and the Hames Sharley report 2003] The Town of Gawler is a regional centre located approximately 40 km north of Adelaide. It has a large catchment area extending beyond Gawler, into the Light, Barossa, Mallala and northern Adelaide Hills Councils regions. The town provides major services such as employment, shopping, health, education, leisure and local government. The Town of Gawler is a community of 19,726 residents with a current growth rate of approximately 1.8% per annum. It comprises of 7,000 households and covers an area of 41 square kilometres. The population within its catchment area is estimated at up to 80,000 people who in some way make use of the Town of Gawler facilities and services. The main industries in the area are education, retail, light industrial, small manufacturing, agriculture, viticulture and tourism. Gawler’s Central Business District is located on Murray Street with three major supermarkets within the town centre. Public health services for Gawler are mainly located at the Gawler Health Service with a range of smaller localised clinics throughout the town. An Adelaide Metro bus service, a Dial-A Ride bus service and a taxi service are available within Gawler. Public transport to Adelaide is available via the train route which services other major suburbs including Elizabeth, Salisbury and Munno Para. Gawler is linked to Adelaide and the Northern Suburbs via Main North Road. In 2004, the Australian Bureau of Statistics recorded that 4565 residents were attending a primary or secondary school. Current school provided enrolment numbers for 2007 indicate that there are 6289 people enrolled in public and private primary or secondary schools as well as the Gawler Institute of TAFE. Residential areas within the boundaries of Gawler are Gawler East, Gawler South, Gawler West, Hillier, Kudla, Reid, Uleybury, Willaston, Evanston, Evanston Gardens, Evanston Park, Evanston South and Bibaringa.


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Characteristics of Gawler Residents

Age: The average age of Gawler residents is estimated to be 39.1 years, slightly but not significantly older than the state average of 38.8 years. With 19.3% of Gawler resident’s children under the age of 14 years, the age imbalance is revealed to be partially due to the higher proportion of aged retirees residing within Gawler.

Income: While the average income of Gawler residents is slightly lower than the state average at $35,778 per annum, 25.6% of families are considered high income families, and 15.8% of families’ low income.

Families: The majority of Gawler residents comprise of a family of two adults – with 43.6% residents in two parent families and38.4% residents in couple only families. Of the total population, 16.7% of residents live in single parent families.

Housing: 37.7% of Gawler residents own their home while 31.3% are purchasing their home with 24.5% of residents rent their residential property.

Indigenous/Multicultural residents: 93% of Gawler residents’ first language is English. Over 75% of residents were born within Australia, with 1.4% of residents identifying themselves as Aboriginal and/or Torres Strait Islander. Of those born overseas, 14% originate from the United Kingdom. GOALS Goal 1: An Informed, Caring and Inclusive Community Goal Statement Children and families in Greater Gawler will be encouraged and supported to participate in community life. UNICEF Principles which relate to this goal Children:

• Can influence decisions about their city; and express their opinion on the city they want.

• Participate in family, community and social life including cultural and social events

• Are equal citizens of their city with access to every service, regardless of ethnic origin, religion, income, gender or disability

• Participate in cultural and social events

Greater Gawler Context The Child and Youth Family Gawler group and its partner agencies will work together with residents, children and their families to facilitate the building of social connections within their community.


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A high level of engagement will be required with all community participants given the opportunity to express their views and wishes for the future. The voices of children will be genuinely listened to and acted on. Every endeavour will be made to engage with all cultures in a respectful manner. “The importance of relationships is the key to emotional well-being and positive developmental outcomes.” (Margaret Sims, 2009) Objectives

1. Promote children as equal citizens in the community

2. Encourage opportunities for children and families to participate in events and activities that embrace the diversity of Greater Gawler

3. Establish and maintain communication pathways that provide information in various formats at key service points across Greater Gawler

4. Establish links and partnerships with relevant external service providers, businesses and community groups, to promote social connections for parents and carers.

Action Plan

1.1 Undertake engagement with children and families about services and facilities in Greater Gawler

1.2 Identify and promote existing child, youth and family services and facilities in Greater Gawler

1.3 Develop a map of child, youth and family recreation and open spaces in Greater Gawler

1.4 Run Child and Youth Friendly Greater Gawler Information Sessions

1. AEDI Information (Sally Brinkman) 2. Importance of the early years, health etc. ( work of Fraser

Mustard) 3. Infrastructure Planning 4. Community Services and development 5. Community Development 6. Build an awareness of current research which inform

developments e.g. Katarina Eleutheriou, “Engaging Families in the ECD Story”.

7. “How to engage with the children and youth of our community”.

Goal 2: Safe and Accessible Places and Spaces


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Goal Statement Children and families in Greater Gawler will benefit from safe, accessible and attractive built and natural spaces. UNICEF Principles which relate to this goal Children:

• Can walk safely in the streets on their own; and meet friends and play

• Have green spaces to play in nature with plants and animals

• Live in an unpolluted environment

• Are protected from exploitation, violence and abuse

Greater Gawler Context Gawler is the only other city planned by Colonel William Light, the planner of Adelaide. The CBD is triangular in shape rather than the traditional square due to topography. There are however many Town Squares due to the prevailing Victorian influence of the time. Gawler is situated at the confluence of two rivers, the North and South Para, which then flow into the Gawler River. These rivers are bordered by parklands which provide a natural playground for children to interact with and learn about the environment. “High quality environments for children are places where children are loved, where they feel physically and psychologically safe.”(Margaret Sims, 2009) As Gawler and surrounding areas continue to grow, with further development planned, the opportunity exists to engage with children and youth to develop and plan the environments in which they will live and play. Objectives

1. Create, maintain and improve attractive playgrounds and open spaces which promote exciting opportunities for children to play and experience nature safely

2. Future urban design will take into account the need to encourage children and families to move about the town using active transportation methods (e.g. walking and cycling)

3. Ensure infrastructure is planned and built to enhance safety and accessibility

4. Foster a sense of community which encourages the creation of safe neighbourhoods Action Plan

2.1 Undertake a review and gap-analysis of recreational places and spaces specifically meeting the needs of children, youth and families in Greater Gawler


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2.2 Support schools, community organisations and businesses in the creation of safe and accessible neighbourhoods

2.3 Support the establishment of parenting rooms in commercial centres which promote the needs of mothers and fathers

Goal 3: A Great Start for Every Child Goal Statement Maximise the potential of every child in Greater Gawler by working together to support their health, wellbeing and development during the early years. UNICEF Principles which relate to this goal Children:

• Can drink safe water and have access to proper sanitation

• Are protected from exploitation, violence and abuse

• Participate in cultural and social events

• Participate in family, community and social life including cultural and social events

Greater Gawler Context The Child and Youth Friendly Gawler group will bring together and work with, and across, agencies in the region to achieve this goal. We will use AEDI data to identify the priority areas to work in as well as the geographical locations. A strengths base approach will be used to build on the assets the community has. It has been estimated for every one dollar spent on Early Childhood Development that seven dollars are saved by reducing the cost to the community of crime, poor health outcomes and welfare payments. Objectives

1. Raise awareness of the value of play in enhancing a child’s learning and creativity and advocate for a range of affordable, educational, active and creative play activities in Greater Gawler

2. Assist families to have access to information that enables them to incorporate educational experiences, exercise and healthy food choices into their children's lives

3. Encourage healthy eating practices within schools and across children’s services and programs within Greater Gawler

4. Foster and advocate for safe and supportive family environments for children.


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Action Plan

3.1 Increase community awareness of the child and youth friendly agenda with key stakeholders involved in planning and developing community services and facilities.

3.2 Develop an information package, which highlights services specifically focussed on the needs of children and their families

3.3 Develop a register of and system of recognition for businesses and community groups which pledge support for and demonstrate good practice in Child and Youth Friendly practices.

3.4 Collate and share quantitative information related to Child and Youth Friendly Greater Gawler (e.g. AEDI statistical profiles, demographic projection, ABS data)

Goal 4: Quality Services and Facilities Goal Statement Children and families in Greater Gawler will have access to a broad range of quality services, facilities and social supports. UNICEF Principles which relate to this goal

Children:

• Receive basic services such as health care, education; and social support services.

Greater Gawler Context Gawler has a vast array of Children and Family services provided by a number of agencies. These agencies include all three levels of government, as well as church groups, non-government organisations and service clubs. Some of these services provide an outreach to peripheral areas, but the vast majority provide limited services or don’t outreach at all. These gaps in service provision will be documented and this group will advocate and empower the community to lobby for services required. The provision of culturally respectful and responsive services is a high priority for this group. Objectives

1. Develop and maintain partnerships between all levels of government, schools and service providers to ensure an integrated approach to service delivery

2. Advocate for high quality, locally based services, education, care and support that meet the needs of children, youth and families in Greater Gawler


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3. Facilitate consultation with children, youth and families as well as other key stakeholders in planning, reviewing and providing services

4. Encourage Child and Youth Friendly Cities Principles into services and processes. Action Plan

4.1 Promote the formation of an independent advocacy group to support the implementation of Child and Youth Friendly Cities principles

4.2 Advocate the inclusion of Child and Youth Friendly practices in organisational budgets

4.3 Develop the ‘open school’ concept (in reference to fences!)

PRIORITY ACTIONS: 2012-2013

1. Finalise Child and Youth Friendly Greater Gawler Strategic Plan - a working document that provides the framework for the operations of the Steering Committee

2. Implement process of being accredited by UNICEF as a “Child Friendly Community”

3. Develop an understanding of the baseline AEDI data for Greater Gawler to facilitate future action plans

i. Presentation from AEDI Local Planning Team

ii. Participation in AEDI Evaluation conducted by Murdoch Children’s Research Institute

iii. Identify at risk AEDI geographical areas and domains in Greater Gawler

iv. Develop remediation strategies/programs

4. Undertake consultations with children, youth and families about services and facilities in Greater Gawler

i. Training for Steering Committee on “How to engage with the children and youth of our community”

ii. Identify stakeholder groups to be engaged

iii. Develop focus/plan for engagement

5. Run Child and Youth Friendly Greater Gawler Information Sessions, Workshops and Seminars

6. Review local government child and youth friendly policies for Gawler and Light Councils

i. Presentation to Gawler and Light Councils on child friendly cities

7. Establish a committee to explore links with community organisations and sources of funding support


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DELIVERY

In the implementation of the action plans, it is important to note that all members of the Child and Youth Friendly Greater Gawler Steering Committee are volunteers with other commitments.

Crucial to the Committee’s ability to deliver on the actions will be a consideration of:

1. Responsibilities

Where does responsibility for the development of a child and youth friendly Greater Gawler sit? Overall, it a total community responsibility but some agencies such as DECD, Children’s Services Centres, child care organisations, schools, etc have a greater role to play because of their immediate engagement with children and youth in the community. Given the MOU that has been developed between the LGA and the Minister for Early Childhood Development, local councils are likely to have the ultimate responsibility in promoting participation and wellbeing for children and youth, in developing initiatives and in seeking child friendly accreditation for their communities. The role of the Steering Committee is to promote the issues and facilitate action.

2. Partnerships

The formation of partnerships between individual stakeholder and interest groups is crucial to the ability of communities to develop child and youth family agendas. It is important to get a commitment pledge from organisations to support and promote the importance of developing child and youth friendly communities through the formation of partnerships, relationships and collaborations. Potential partners include:

• State Government agencies (e.g. DECD, Families SA, Health, SAPOL, etc.) • Local Government • Developers • Parents • Children • Non-Government Organisations (including church groups and volunteers) • Children’s Services Providers • Businesses • Universities


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3. Funding

Given that the Steering Committee has no resources, it is important that it identifies potential sources of funding to support child and youth friendly initiatives and actions that it would like to undertake. Potential funding sources include:

• Government grants – Commonwealth, State and Local • Local sponsorship for individual events and activities • In kind support

It may be necessary for the Steering Committee to establish a committee to explore potential sources of funding.


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6.2 Lions Club of Gawler


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8. Notices of Motion 8.1 Cr D Fraser


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8.2 Cr K Fischer I would like the following motion on notice for the council meeting 28/8/2012. This involves a previous motion of Council and is in essence a partial rescission of that motion. “The Council resolution of 24 July 2012 (2012:07:223) be amended by deleting the words “excluding presentation” in paragraph 3 of the resolution and replacing them with the words “including representation” so that the resolution of the Council is as follows – 1. Council strongly supports the Development Assessment Panel (DAP). 2. Council not join with the applicant to defend the DAP decision associated with the third

party appeal of the Development Application 490/186/111 in the Environment, Resources and Development Court.

3. Council defend the Development Assessment Panel (DAP) decision associated with the third party appeal of the Development Application 490/186/11 in the Environment Resources and Development Court; through their Planning Officer and assistance by Ms Emma Barnes and legal advice in the preparation of defence (including representation at ERD Court)." Also I was intending to supply some reason as to why I am bringing this motion, however as it deals with the matter that was previously considered in confidence, and concerns a legal defence it may be the wish of Council to also deliberate on this in confidence. Regards Kevin Kevin Fischer Area Councillor TOWN OF GAWLER PH:0407 472373 EMAIL:[email protected]


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10. Officer Reports Item Number 10.1 Title HILLIER DEVELOPMENT PLAN AMENDMENT Date 28 August 2012

Author(s) Development and Strategic Planner (Ryan Viney)

File CC10/2924

Previous Reference/ Motion

Special Council 24/2/2010 Motion No: 2010:02:050 and 2010:02:051 Council Meeting 28/8/2010 Motion No 2010:08:276 and 2010:08:277 IES Meeting 8/2/2011 Motion No. IES:2011:02:12 and IES:2011:02:13 Council Meeting 22/2/2011 Motion No 2011:02:069 and 2011:02:70 Special Council 27/02/2012 Motion No 2012:02:040 and 2012:02:41 and 2012:02:42 Council Meeting 27/03/2012 Motion No 2012:03:84 and 2012:03:85 and 2012:03:86 Special IES Meeting 2/08/2012 Motion No IES 2012:08:14

Background The subject land was initially identified for potential rezoning as a result of an Urban Boundary land supply analysis undertaken as a requirement of the then Planning Strategy for Metropolitan Adelaide (2003). In that analysis, the urban land supply identified the Gawler area was considered unlikely to meet the projected demand over a 15 year period and that this land should be developed to meet future demand as an immediate priority. Council subsequently wrote to the then Minister for Urban Development and Planning requesting that the Urban Boundary be varied to include various parcels of land adjacent to the boundary, including land to the north of Hillier Road in Hillier. The subject land was then identified within the ‘Planned Urban Lands to 2038’ boundary in The 30-Year Plan for Greater Adelaide (the relevant volume of the Planning Strategy for South Australia) and also in the State Government’s Housing and Employment Land Supply Program Report, 2010, Greater Adelaide. The subject land was subsequently rezoned from Rural to Deferred Urban, in accordance with the findings of this land use analysis and to reflect its future use. In keeping with the strategic direction of Council and in order to meet Gawler’s predicted population growth, this Development Plan Amendment (DPA) will rezone 11 hectares of land at Hillier from a Deferred Urban Zone to a Residential Zone, thus increasing the residential land supply in the Council area and Northern Adelaide. Council authorised the CEO on 24 August 2010 to prepare the Statement of Intent (SOI) for the Hillier DPA which was undertaken and submitted to the Department of Planning and Local Government (DPLG) on 10 December 2011. The SOI for this DPA was agreed to by the Minister for Urban Development and Planning on 27 September 2011.


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As result the Hillier Development Plan Amendment was prepared in accordance with the agreed SOI, including all investigations, and released on 10 May 2012 for agency and public consultation over a 9 week period. Attachment(s) – Under Separate Cover Attachment 1 - Hillier DPA Summary of Consultation and Proposed Amendments

Report. Attachment 2 - Sonus Report Acoustic Protection Attachment 3 - Land Management Agreement Attachment 4 - Australian Water Environments Flood Advice, including a map

showing percentage of lands affected by level of 1:100 year flood level and denoting ownership boundaries.

Attachment 5 - Hillier DPA (as released for consultation) Comments/Discussion At its meeting on 27 March 2012 Council resolved to release the Hillier Development Plan Amendment for agency and public consultation and that pursuant to Section 25 (11) (c) of the Development Act 1993 the Town of Gawler Infrastructure and Environmental Services Committee was appointed to consider any representations, and to provide advice to Council in relation to these representations. Statutory consultation with agencies and the public was undertaken in accordance with DPA process B (consultation approval not required) and in accordance with Section 25(6) of the Development Act 1993; Regulations 10a, 11a and 12 of the Development Regulations 2008; and the agreed Statement of Intent. A notice was published in the Government Gazette and ‘The Advertiser’ on Thursday 10 May 2012, ‘The Bunyip’ on Wednesday 16 May 2012 and all affected land owners/residents were notified by mail. All relevant government agencies received a copy of the DPA for comment, the DPA was on display in all Council offices and it was made available on Council’s website. In addition the following Local Member(s) of Parliament were consulted on the DPA:

a) Member for Light – Tony Piccolo MP b) Member for Wakefield – Nick Champion

The consultation period commenced on Thursday 10 May 2012 and concluded on Thursday 12 July 2012, with a public hearing held on the Thursday 2 August 2012. In summary two public submissions were received and ten submissions were received from state and local government agencies/authorities, with two people requesting to be heard at a public hearing in response to their submissions. Please refer to Attachment 1 for a summary of the key issues raised, any commentary on these issues and all recommended actions. At its meeting on 2 August 2012 the Infrastructure and Environmental Services Committee held a public hearing and considered all written and verbal representations in relation to the Hillier DPA. As a result the Infrastructure and Environmental Services Committee resolved to recommend to Council that:


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1. Statutory consultation with government agencies and the public has been

undertaken in accordance with Section 25 of the Development Act 1999; Regulations 10 and 11 of the Development Regulations 2008 and the agreed Statement of Intent.

2. Pursuant to Section 25 (11) (c) of the Development Act 1993 the Town of Gawler Infrastructure and Environmental Services Committee recommend to Council that the following amendments be made to Hillier Development Plan Amendment in response to agency and public consultation:-

a) The insertion of the following Principles of Development Control into the Evanston Gardens/Evanston South Residential Policy Area 4.

i. Development areas affected by aircraft noise should be consistent with Australian Standard AS 2021:- Acoustic – Aircraft Noise Intrusion – Building Siting and Construction.

ii. Development, including land division, should not occur where site contamination has occurred unless the site has been assessed and remediated as necessary to ensure that it is suitable and safe for the proposed use.

b) Map GA/1 (overlay 1) Structure Plan be amended to include the location

of the stormwater retention basin.

c) The Department of Planning, Transport and Infrastructure’s (DPTI) ‘Overlay 3 – Noise and Air Emissions’ South Australian Planning Policy Library module be included.

3. The Committee notes the following recommendation

iii. Development adjacent the Gawler Bypass and Jack Cooper Drive should be designed and constructed to ensure that predicted external noise levels associated with road traffic on all proposed residential allotments do not exceed 52dB(A) during the day-time (7am-10pm)

and request information on the implication on the change for the structure plan and principles in Attachment E.

4. Council request information on map showing percentage of lands affected by

level of 1:100 year flood level.

5. Map with DPA denoting ownership boundaries. In accordance with IES Committee recommendation 3, Sonus were engaged to undertake a comprehensive review of all Principles of Development Control contained in Council’s Development Plan (Consolidated 17 May 2012) and those proposed to be included as part of the Hillier DPA (Attachment E) to protect future residential development from the impacts of noise from traffic.


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As a result it is recommended that no amendments should be made to the Hillier DPA and that Department of Planning, Transport and Infrastructure’s (DPTI) ‘Overlay 3 – Noise and Air Emissions’ South Australian Planning Policy Library module should not be included. The additional policies proposed in the Hillier DPA (Attachment E) and the condition of the existing Land Management Agreement are considered to provide a sufficient level of acoustic protection for the subject land and the inclusion of the DPTI ‘Overlay 3 – Noise and Air Emissions’ would simply result in a duplication of policies that may lead to confusion during development assessment. Sonus have advised that achieving a 52dB(A) rating for “all proposed residential allotments” is very onerous and would require the construction of a 6 metre acoustic fence around the entire subject site. Sonus have also advised that both the Land Management Agreement and the policies contained in Attachment E have been drafted to reflect the requirements/principles of the Draft Minister Specification AS8 and to ensure residential dwellings can provide a 55dB(A) rating. This rating is consistent with the requirements of DTEI Guidelines 2007 for the construction of new roadways next to existing residential developments. When taking the DPTI Guidelines into account it is important to note that the off-ramp of the Gawler Bypass and Jack Cooper Drive are existing roadways and people will be buying these properties in full knowledge of the impacts involved. To provide further clarity in relation to acoustic treatments it is recommended that the existing LMA be amended to specifically mention the Ministers Specification AS8 at the land division stage and once it has been formally adopted. Additionally, Council could amend the Principle of Development Control proposed by the EPA to ensure that “an area of private open space” can achieve the 52dB(A) rating. This would ensure that dwellings located along Jack Cooper Drive are orientated to address the street with areas of private open space located to the rear of dwellings. Please refer to Attachment 2 for a copy of the Sonus report and Attachment 3 for a copy of the LMA. In accordance with IES Committee recommendation 4 and 5 a summary report has been provided by Australian Water Environments which includes a map showing the percentage of land affected by a 1:100 year flood event and denoting ownership boundaries, please refer to Attachment 4. As a result it is recommended that the Summary of Consultation and Proposed Amendments Report and the Hillier DPA (Attachment 5) be sent to the Minister for Planning for approval. Consultation The proposed development was placed on public and agency consultation from Thursday 10 May 2012 to Thursday 12 July 2012 (9 Weeks) and a public hearing held was held on 2 August 2012. Policy Implications Yes, the amendment will rezone 11 hectors of deferred urban land to the residential zone by extending the Evanston Gardens/Evanston South Residential Policy Area 4. Some additional policies will also be added to this policy area. Statutory Requirements The statutory requirements relating to all DPAs including the Hillier DPA are outlined in Section 25 of the Development Act 1993.


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Financial/Budget Implications Nil Strategic Implications Outcome 2.1: Invest in planning related to growth Outcome 3.1: Well informed community Outcome 4.1: Innovative urban planning Outcome 5.2: Creating a future Outcome 5.3: Responsible government OFFICER’S RECOMMENDATION Item 10.1 – Hillier Development Plan Amendment (CC10/2924) 1. That Council note that Statutory consultation with government agencies

and the public has been undertaken in accordance with Section 25 (6) of the Development Act 1999; Regulations 10a, 11a and 12 of the Development Regulations 2008 and the agreed Statement of Intent.

2. That Council approve the following amendments be made to the Hillier Development Plan Amendment;

a) The insertion of the following Principles of Development Control into the Evanston Gardens/Evanston South Residential Policy Area 4.

i. Development areas affected by aircraft noise should be

consistent with Australian Standard AS 2021:- Acoustic – Aircraft Noise Intrusion – Building Siting and Construction.

ii. Development, including land division, should not occur

where site contamination has occurred unless the site has been assessed and remediated as necessary to ensure that it is suitable and safe for the proposed use.

3. That pursuant to Section 25 (13) and (14) of Development Act 1993 the

Hillier Development Plan and the Summary of Consultation and Proposed Amendments Report be forwarded to the Minister for Planning for approval as the amendments proposed, (i) accord’s with the Planning Strategy, (ii) accord’s with other parts of the Town of Gawler Development Plan, and (iii) complement’s the policies in the Development Plan for adjoining areas.

4. That the Chief Executive Officer be authorised to make minor amendments to the DPA if requested by the Minister/Department of Planning.


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Item Number 10.2 Title VARIATION OF A LAND MANAGEMENT

AGREEMENT Date 28 August 2012 Author(s) Senior Development Planner (Joel Taggart)

Reference DA 490/D015/09 & DA 490/163/09

Previous Reference/ Motion Council 26/10/10 Motion No: 2010:10:316

Background Council is party to a Land Management Agreement on the land at 34 Gum Crescent, Gawler West. This Land Management Agreement was entered into in October 2010 and relates to the potential flooding of the subject land with Certificate of Title reference Volume 5447 Folio 21. At present, this land is not within a Flood Prone Area within the Town of Gawler Development Plan. The relevant clause of the Land Management Agreement, which dictates the dwelling design, is as follows:

3. The Owner agrees that the Approved Dwelling must be constructed in accordance with the plans contained within Annexure A and Annexure B to this Agreement. No other development may be undertaken on the Land without the prior approval of the Council.

It is understood that the Land Management Agreement was entered into given new data released at the time, by the Gawler River Flood Management Authority, indicated that the subject land was considered to be flood prone. This information from the Authority now forms part of the Flood Prone Area Development Plan Amendment, as recently presented to Council for consultation purposes. Therefore, as this does not yet form part of the Development Plan, Council cannot consider it as part of the development assessment process. The best risk management approach, and that which is currently used by Council, is to inform landholders that their property is within an identified flood risk area, and allow them to design a dwelling according to the projected flood risk. Should the Flood Prone Area Development Plan Amendment be consolidated into the Development Plan at a later date, this approach will change to reflect the new policies.

Attachment(s) under separate cover Attachment 1 – Plans for Building Rules Assessment Attachment 2 – Request from applicant to revoke Land Management Agreement Attachment 3 – Land Management Agreement and Certificate of Title Attachment 4 – Site Photos Comments/Discussion A dwelling is proposed on the subject site, having received Development Plan Consent in April 2010, some 6 months prior to the Land Management Agreement being enacted.


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The applicant has received an extension of time from Council to lodge the plans for Building Rules Consent, which is a standard practice, given the Development Plan policy relating to the subject land has not altered substantially since the application was originally lodged. The final design of the dwelling, submitted to Council for Building Rules assessment (refer to Attachment 1) is a conventional footing, essentially existing ground level. These plans do not accord with the Land Management Agreement and cannot be approved by Council. Therefore the applicant, Mr Jason Jones, is seeking that the Land Management Agreement be varied (refer to Attachment 2), for the following reasons: 1. A dwelling at 750mm above the ground level will be out of character with

neighbouring dwellings in this part of Gum Crescent, all are at ground level and have standard wall heights and roof pitches

2. The flood prone nature of this area is not considered by Council’s Development Plan at the present time

3. The applicant believes he was misled at the time of entering the Land Management Agreement and coerced into signing it in order to get his approval (Land Management Agreement’s must be entered into voluntarily, and the onus is on the applicant to suggest entering into an agreement – Council cannot advise the application will not be approved unless an agreement is signed)

4. To avoid civil legal action proceedings being instituted against Council for costs the applicant is now experiencing as part of the Land Management Agreement over the land

The Land Management Agreement contains the following provisions: a. Acknowledges Council granted Development Plan Consent to a detached

dwelling in the months prior to the development of the Land Management Agreement

b. Acknowledges the land division process to divide the parent allotment that led to the creation of this presently vacant allotment

c. Details that Council has become aware of flood data which now shows the land may be inundated by the 1:100 Average Return Interval (ARI) event

d. Details that the “Approved Dwelling” has been agreed to by the owner, and is design to minimise flood risk

e. Details various definitions of words and terminology used in the Land Management Agreement

f. Has an Annexure A and B, which contain the approved plans for the dwelling and land division

g. Details the waivering/amendment process

h. Details the notification process to future owners

i. Details of how the Land Management Agreement can be altered if flood modelling changes in the future

At the request of the applicant (Mr Jason Jones) for Development Application 490/163/09, it is sought that Council:


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1) Agree to accept the variation to the Land Management Agreement and insert the

new building plans into Annexure A

2) Write to the applicant to inform him of Council’s decision

Further, it should be noted that Mr Jones has raised concerns about him potentially being misled by Council staff, in relation to the required finished floor level height of the dwelling. As contained within Attachment 2, Mr Jones liaised with Council staff in April 2012 via telephone and email. He sought confirmation that he could alter his dwelling floor level without the need to get any formal approval from Council. At that time, Mr Jones did not inform staff of the fact that his allotment was subject to a Land Management Agreement. In addition, there was no record of such Land Management Agreement on the dwelling development application file, nor on Council’s electronic document management system. Council staff have now reviewed procedures, to not only include disclaimers on such emails, but to also ensure that Land Management Agreements are now all stored in a central electronic repository. This request is presented to Elected Member’s, as Council is required to consider any request from an applicant to vary a Land Management Agreement (refer to Attachment 3). Mr Jones seeks that Annexure A be replaced with the plans currently before Council for Building Rules Consent. The signatures of both Mayor and the Chief Executive Officer are not required, given the Land Management Agreement document itself is not altering. Given that the Land Management Agreement has been agreed to by the applicant, and formed a part of the assessment of the land division approved on the land, it is considered that the Land Management Agreement was entered into willingly by the applicant. This was in order to ensure the land division obtained approval. Although Council staff understand that the proposed dwelling will be much higher than surrounding existing dwellings, the approval to undertake such works is already active and cannot be revoked. Further, given the flood data will potentially be incorporated into Council’s Development Plan, as the Gawler West area is redeveloped in decades to come, all new dwellings will be of a higher finished floor level. This will ensure a level of consistency relating to future built form occurs. Photos of the site are contained within Attachment 4. Finally, it is considered that the applicant cannot indemnify Council of the risks associated with the potential flooding, given that Council is aware of the flood risk, and has a role as a planning authority to ensure development is orderly and in the interests of public and private safety. Overall, it is considered that the application for a variation to this Land Management Agreement on the land is not deemed to be suitable, for the reasons detailed above, even though the proposed built form will not necessarily be consistent with existing development within the area. Communication As this report relates to an administrative process, no further communication to stakeholders is deemed to be required, beside Council advising the applicant of its resolution. Consultation This proposal does not require any consultation, as it involves an administrative process that allows the applicant (Mr Jason Jones) to request a variation to the Land Management Agreement that sits on his land title.


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Policy Implications There are no policy implications as part of this item. The Town of Gawler Development Plan still stands as the primary development control guidelines in relation to this site. Statutory Requirements The Land Management Agreement has been enacted by Council pursuant to Section 57 (1) of the Development Act, 1993. Financial/Budget Implications There are no financial implications upon Council as part of this item. The Land Management Agreement variation request process is simply an exchange of letters between the applicant and Council. Strategic Implications Outcome 1.1 : A separate town (not a suburb) Outcome 4.1 : Innovative urban planning Outcome 5.2 : Creating a future Outcome 5.3 : Responsible government Outcome 5.4 : Good administration OFFICER’S RECOMMENDATION

Item 10.2 – Variation of a Land Management Agreement (DA 490/D015/09 & DA 490/163/09) That Council does not authorise the variation of Annexure A in relation to the Land Management Agreement between J Jones & N Turner, and the Town of Gawler, relating to land known as 34 Gum Crescent, Gawler West, being the whole of the land comprised in Certificate of Title volume 5447 Folio 21, and accordingly advise the applicants of such decision.


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Item Number 10.3 Title BY-LAWS REVIEW Date 28 August 2012 Author(s) EA to Director Planning & Infrastructure

(Chris Haynes)

Reference CC10/1627

Previous Reference/ Motion Council Meeting 24/7/12 Motion No. 2012:07:203 Council 27/3/2012 Motion No.2012:03:075 IES 13/12/2011 Motion No. IES:2011:12:38 Council 20/12/2011 Motion No. 2011:12:386

Background At the Council meeting held on 24 July 2012 Council resolved:-

Motion No: 2012:07:203

That:- 1. Council, pursuant to Section 249 of the Local Government Act, authorise

the Chief Executive Officer to sign all relevant documents pertaining to the making of

By-Law No. 1 – Permits & Penalties; By-Law No. 2 – Moveable Signs; By-Law No. 3 – Roads; By-Law No. 4 – Local Government Land; and By-Law No. 5 - Dogs

2. A copy of each By-Law and the Report be presented to the Legislative Review Committee;

3. A copy of each By-Law be forwarded to the Government Printer for inclusion in the Gazette following the Council meeting on 24 July 2012; and

4. A notice be placed in The Bunyip advising the making of each By-Law.

Attachment(s) Attachment 1 - By-Laws Numbers 1 - 5 Attachment 2 - Draft Certificate of Validity By-Laws 1 - 5 Attachment 3 - Report to Council- Nation Competition Policy By-Laws 1 - 5 Attachment 4 - Report to Legislative Review Committee By-Laws 1 – 5 Attachment 5 - Correspondence from the Dog & Cat Management Board 6 February

2012 Comments/Discussion The documents were signed by Chief Executive Officer and returned to Norman Waterhouse Lawyers for presentation to the Legislative Review Committee and Gazettal.


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The lawyer handling this matter has indicated reservations in regard to the Resolution of Council and have request that the recommendation be worded as below to ensure full compliance with the Act. The By-Laws can only be made by resolution if supported by absolute majority of Members of Council at a meeting with at least two-thirds (2/3) of Elected Members being present. There have been no changes to any of the associated documents. Communication Norman Waterhouse Lawyers Consultation A notice of Public Consultation was placed in The Bunyip dated 9 May 2012, on Council’s website. Consultation period closed on 1 June 2012. Policy Implications Nil Statutory Requirements Section 249 Local Government Act 1999 Dog & Cat Management Act 1995 Financial/Budget Implications Nil Strategic Implications Outcome 3.1 : Well informed community Outcome 5.3 : Responsible government


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OFFICER’S RECOMMENDATION Item 10.3 – By-Laws Review (CC10/1627) That:- 1. Pursuant to Section 246 of the Local Government Act 1999:

1.1. There being at least two-thirds of the Members of Council present; and 1.2. Having considered:

1.2.1. By-law No. 1 – Permits and Penalties; 1.2.2. By-law No. 2 – Moveable Signs; 1.2.3. By-law No. 3 – Roads; 1.2.4. By-law No. 4 – Local Government Land; and 1.2.5. By-law No. 5 – Dogs (together the By-Laws reproduced at Attachment 1 to Item 10.3 on the agenda for the meeting of Council held on 28 August 2012) in light of the National Competition Policy and the Reports prepared on the Nation Competition Policy with respect to the By-laws (reproduced at Attachment 3 to Item 10.3 on the agenda for the meeting of Council held on 28 August 2012; and

1.3. Having considered all submissions and recommendations made on the By-Laws, Council makes the By-Laws in exercise of the powers contained in the Acts Interpretation Act 1915, the Dog and Cat Management Act 1995, the Local Government Act 1999 and the Local Government Act 1934.

2. The Chief Executive Officer be authorised to sign the By-Laws as made by Council.

3. The Chief Executive Officer be authorised to publish notice of the making of the By-Laws in “The Bunyip”.

4. The Chief Executive Officer be authorised to arrange for the By-Laws to be published in the Government Gazette.

5. The reports to the Legislative Review Committee on the By-Laws (reproduced at Attachment 3 to Item 10.3 on the Agenda for the meeting of Council held on 28 August 2012), be adopted and be signed by the Chief Executive Officer on Council’s behalf.

6. The Chief Executive Officer be authorised to arrange for the By-Laws and all other necessary documentation to be provided to the Legislative Review Committee.


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Item Number 10.4 Title CONSENT TO RESCIND AN EXISTING LAND

MANAGEMENT AGREEMENT – EVANSTON SOUTH PTY LTD (LANSER COMMUNITIES) (DA 490/D033/11)

Date 28 August 2012

Author(s) Development Planner (David Bielatowicz)

Reference DA 490/D033/11

Previous Reference/ Motion Council 22/06/2010 Motion No:2010:06:159 Council 26/10/2010 Motion No 2010:10:315

Background Council is party to a Land Management Agreement on the land at the corner of Main North and Tiver Roads, Evanston South. This land is subject to a development approval for a residential land division proposed by Evanston South Pty Ltd. (Lanser Communities). The Land Management Agreement relates to the Federally funded Housing Affordability Fund scheme, and as all the requirements of this Land Management Agreement have now been met for stage 1 of the development, the Land Management Agreement can be removed from the new titles. As the proposed residential allotments have not yet been created for future stages, the Land Management Agreement will continue to remain on the parent title. This will continue to ensure that the developer meets their obligations under the Federally-funded Housing Affordability Fund scheme. As part of the rescission process, Council is required to place its Common Seal on all documents lodged by the applicant with the Land Titles Office, to show its approval of those documents, and to advise that they are consistent with the intent of the Land Management Agreement.

Attachment(s) Attachment 1 – Request from Evanston South Pty Ltd. for Council to rescind a Land

Management Agreement over a part of the development site. Comments/Discussion Under the Capital Works Funding Agreement the Council must, as a condition of the funding, ensure that no fewer than 1200 residential allotments in the Development Area are sold at no greater than Market Sale Price. Evanston South Pty Ltd. have agreed to ensure that a minimum of 108 residential dwellings or allotments are sold only at or below Market Sale Price (equating to a minimum of 30% of their overall development). The remaining allocation will be provided by Devine Communities and the Urban Renewal Authority’s remaining vacant parcels. A valuer has been appointed who has provided an initial market valuation to determine the Market Sale Price range. In the 1st stage, Evanston South Pty Ltd. will provide 51 “affordable” allotments of the 70 allotments within stage 1 (equivalent of 72.9% of the total requirement).


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The number of allotments in the first 3 stages is as follows:

Stage 1 – 71 allotments Stage 2 – 58 allotments Stage 3 – 40 allotments Stage 4 – 49 allotments Stage 5 – 42 allotments Stage 6 – 42 allotments Stage 7 – 22 allotments Stage 8 – 36 allotments TOTAL – 360 allotments

This provides a high level of comfort that the requirement for a total of 108 “affordable” allotments can be met in both this stage and future stages 2 – 8 . At the request of the applicant ( Evanston South Pty Ltd) for Development Application 490/D033/11, it is sought that the common seal of the Town of Gawler be affixed to the following documents: 1. An application to the Lands Titles Office for a Deposit of a Plan of Division,

and 2. An application to the Lands Titles Office to note a rescission of a Land

Management Agreement on allotments 1 – 24 and 90 - 138. Council is required to undertake this process as it holds an interest in the land, through having a Land Management Agreement registered over the Land Titles (Certificate of Title 5354/262, 5490/605, 5505/797 and 5859/681). Therefore, any documents seeking alteration to the Land Title or the Land Management Agreement require the Common Seal of Council to be affixed to the relevant documents, prior to being lodged with the Lands Titles Office. Overall, it is considered that the matters put forward by the applicant are deemed to be suitable and consistent with not only the Land Management Agreement’s guiding principles, but also with the overall approved masterplan for the subject site. Communication As the recommendation of this report seeks to allow administrative processes to occur, to facilitate a development which already has development approval, no further communication to stakeholders is deemed to be required. Consultation This proposal does not require any consultation, as it involves an administration process to allow the applicant (Evanston South Pty Ltd) to lodge a deposited plan with the Lands Titles Office and to remove land within Stage 1 of the development from the ambit of the Land Management Agreement. Policy Implications There are no policy implications as part of this item. The Town of Gawler Development Plan still stands as the primary development control guidelines in relation to this site.


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Statutory Requirements The Land Management Agreement has been enacted by Council pursuant to Section 57 (2) of the Development Act, 1993. Financial/Budget Implications There are no financial implications upon Council as part of this item. The developer has previously agreed to cover all costs relating to the drafting, revision and lodgement of all matters pertaining to the Land Management Agreement. Strategic Implications Outcome 1.1 : A separate town (not a suburb) Outcome 4.1 : Innovative urban planning Outcome 5.2 : Creating a future Outcome 5.3 : Responsible government Outcome 5.4 : Good administration OFFICER’S RECOMMENDATION Item 10.4 – Consent to Rescind an Existing Land Management Agreement – Evanston South Pty Ltd (Lanser Communities) (DA 490/D033/11) That Council authorise the Mayor and Chief Executive Officer to sign and apply the common seal of Council to all relevant documents in order to execute the documents pertaining to: 1. The lodgement of a Plan of Division (RTU Document), to allow creation of

development allotments by Evanston South Pty Ltd (DA 490/D033/11) with the Lands Titles Office, and

2. The rescission of allotments 1 – 24 and 90 - 138 within land division approval plan (DA 490/D033/11) from the ambit of the Land Management Agreement in place over the development site.


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ATTACHMENT 1


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Item Number 10.5 Title DEVELOPMENT ASSESSMENT PANEL VACANCY Date 28 August 2012

Author(s) Senior Development Planner (Joel Taggart)

File CC10/2152

Previous Reference/ Motion NIL

Background Following the recent resignation from Mr Malcolm Ballinger, an independent member of Council’s Development Assessment Panel, Council staff undertook a process to recruit a new independent member. Despite the current term of the Development Assessment Panel (DAP) expiring in December 2012, staff were of the opinion that it is best all positions on the DAP are filled, to manage of risk of the panel having instances whereby it is without a quorum. The public notification process involved placing a public notice in The Bunyip on 11 July 2012 and assessing the subsequent applications that came in, as well as fielding queries from potential applicants. Two applications were received from members of the public, whilst several general enquiries were fielded by staff. The main query related to the remuneration of panel members. Based on feedback received by Council staff, the low-level of remuneration provided by Council to independent DAP members appeared to be a disincentive for prospective applicants. The Town of Gawler remunerates independent DAP members $110 per meeting, whereas the average rate within the metropolitan area is around $300-$450 per meeting. In terms of the DAP membership criteria, at least one member of the panel, either an Independent or Elected Member must be female. At present, there is only one female on the DAP – Presiding Member Ms Patricia Dent OAM. Section 56A of the Development Act, 1993 provides an appointee must be:

(b) the presiding member will be appointed by the council taking into account the following requirements:

i. the presiding member must not be a member or officer of the council;

ii. the presiding member must be a fit and proper person to be a member of a development assessment panel;

iii. subject to any provision made by the regulations, the presiding member must be a person who is determined by the council to have a reasonable knowledge of the operation and requirements of this Act, and appropriate qualifications or experience in a field that is relevant to the activities of the panel;


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(c) the remaining members of the panel will be appointed by the council taking into account the following requirements:

(i) up to half of the remaining members may comprise:

(A) council members; or

(B) officers of the council (although any such officer may only be a member of the panel if the council has taken steps to ensure that the officer is not directly involved in the assessment of applications under this Act (other than as a member of the panel), or in the preparation of any council report to the panel on the assessment of particular applications), (in any combination);

(ii) with respect to the members of the panel who are not within the ambit of subparagraph (i):

(A) each must be a fit and proper person to be a member of a council development assessment panel; and

(B) subject to any provision made by the regulations, each must be a person who is determined by the council to have a reasonable knowledge of the operation and requirements of this Act, and appropriate qualifications or experience in a field that is relevant to the activities of the panel; and

(C) the qualifications and experience of these members, when considered in conjunction with the qualifications and experience of the presiding member, must provide a reasonable balance across the fields that are relevant to the activities of the panel;

Attachment(s) Nil Comments/Discussion Only two applications for the vacancy of an independent member for the Council’s Development Assessment Panel were received. The nominations were from (in no particular order):

1. Ms Sharon Jardine 2. Mr Trevor Lambert

As per the Town of Gawler Development Assessment Panel Operating Procedures, selection criteria for the independent members requires expertise in one of the following fields:

1. Environmental matters 2. An engineering field 3. Urban Design/Architecture 4. Local Government/Community Development

The nominees are assessed against the Development Act, 1993 requirements and the DAP Operating Procedures as follows:


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INDEPENDENT MEMBER CRITERIA:

Nominee Fit and Proper Person

Reasonable knowledge of Development Act

Specific Experience

Male or Female

Training Required

Sharon Jardine

Appears to be

Qualified Urban Planner and Arborist, and several years’ experience within the Local Government sector

Environment, Local Government/Community, Urban Planning

Female

Yes

Trevor Lambert

Appears to be

Not addressed in application, although is a Real Estate agent, therefore involved in property matters

Nil Male Yes

Communication Expressions of interests were sought via an advertisement in The Bunyip. Applicants have been informed of the process to date, and will be notified in writing regarding whether or not they were selected for the position, pending the resolution of Council. An advertisement is only required to be published in The Bunyip again, if a new member is appointed to the Panel. Consultation No consultation was required as part of this process. Policy Implications This item relates to an administrative function, in that a position on the Development Assessment Panel is now vacant, and a determination is required as to whether it is filled or not. Statutory Requirements Section 56A of the Development Act, 1993 details the need for Council’s to establish Development Assessment Panels, and details various matters pertaining to the operation of such panels. Financial/Budget Implications Payments to Development Assessment Panel (DAP) members form part of the 2012/13 Council Budget, however should the position remain vacant, a saving of $330 will occur (based on payment to independent members of $110 a meeting, and with 3 meetings remaining for the term of the current DAP).


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Strategic Implications Outcome 3.1 : Well informed community Outcome 3.5 : A community that is engaging and participating (welcoming) Outcome 4.1 : Innovative urban planning Outcome 4.4 : A better environment Outcome 5.1 : Sustainable financial management Outcome 5.3 : Responsible government Outcome 5.4 : Good administration OFFICER’S RECOMMENDATION Item 10.5 – Development Assessment Panel Vacancy (CC10/2152) That:- 1. Council resolve to not appoint an independent member of the Development

Assessment Panel to fill the current vacancy given the small number of expressions of interest received by Council, the need for both applicants to receive training in formal DAP procedures and as the term of the existing panel is nearing its end.

2. Council thanks the two applicants for their expressions of interest, and invite them to re-apply when expressions of interest for the new term of the DAP are sought in coming months.

3. Staff prepare a report for a future Council meeting to review allowances

paid to independent DAP members and allow recruitment to commence for the new term of the DAP (December 2012 – December 2014).


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Item Number 10.6 Title LAND MANAGEMENT AGREEMENT

PROPOSAL Date 28 August 2012 Author(s) Senior Development Planner (Joel Taggart)

Reference DA490/D49/07, DA490/396/11 and DA490/C27/12

Previous Reference/ Motion Nil

Background The applicant (V & T Vallelonga) is seeking to enter into a Land Management Agreement (LMA) with Council to develop land identified as having contamination issues at Allotment 50, Paterson Terrace, Gawler (the ‘subject land’). The subject land has been subject to an Environmental Site Assessment to identify potential site contamination issues. This was commissioned by the applicant, and undertaken by TMK Consulting Engineers. TMK advise that the site is proposed to be utilised for medium density residential development, with the majority of the site being sealed with concrete building footprints and driveways. Further, the balance of the site will comprise paved areas, and above ground, or in-ground, planter boxes. The applicant presently has the following development applications lodged with Council:

1. DA 490/D049/07 – Torrens Title land division creating two new allotments

2. DA 490/396/11 – Construction of two detached dwellings facing Jacob St and four semi-detached dwellings to the rear of the site

3. DA 490/C027/12 – Community Title land division creating three new allotments. The ‘parent title’ of these allotments is created through the abovementioned Torrens Title land division

The Environment Protection Authority has advised that the Environmental Site Assessment is required to be assessed by an accredited Environmental Auditor. The Auditor is to be engaged by the applicant, and ensures the site assessment is undertaken correctly, and that the recommendations are sound. Ultimately, the Environmental Auditor will be required to advise if the site is suitable for residential use. The Development Applications cannot be resolved until the audit is complete. However, given the expense of undertaking such an audit, the applicant needs clear direction as to whether or not Council will support the proposed LMA.


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Attachment(s) Under Separate Cover Attachment 1 – Draft Land Management Agreement Attachment 2 – Previous Land Management Agreement documents Attachment 3 – Extract from Site Contamination Report Comments/Discussion TMK have undertaken a review (refer to Attachment 3) of previous contamination investigations involving the site. These were commissioned by Council and undertaken by Maunsell Australia Pty Ltd in association with Coffey Geosciences Pty Ltd. Additionally, TMK have analysed soil samples, assessed groundwater and the risk of the site for the proposed residential land use. A critical element of the TMK report findings is as detailed below: “It is considered that the existing soil and groundwater contamination is not likely to preclude the proposed residential development of the site.” Further, it is advised that: Based on the results from the site history, soil, groundwater and vapour testing, it is our opinion that the risk of gross or widespread site contamination impacting the proposed residential use of the site is considered to be manageable provided groundwater is not abstracted for use and the integrity of the finished site surfaces are maintained to prevent access to subsurface soils once developed.” As such, the LMA is required so land owners are aware:

1. Contamination is in the soil;

2. The site surface must always be completely sealed and that the integrity of the surface seal (paving) is maintained at all times and corrective action implemented if the integrity of the capping is compromised; and

3. No basements or swimming pools will be constructed on the site.

The draft LMA (refer to Attachment 1) details the following management measures, which will be required of the applicant and then any future landholder, upon signing of the LMA:

(a) that they will ensure that the Land is developed in strict accordance with Annexures A, B and C;

(b) that they will not cause, suffer or permit the occupation of any dwelling constructed on the Land, until the whole of the Land (i.e. all indoor and outdoor surfaces within the Land) are sealed, to the satisfaction of the Council;

(c) that they will ensure that all surfaces required by clause 3(b) above are maintained in good condition, and that any damage which occurs to the surfaces is repaired immediately;

(d) that they will not cause, suffer or permit the planting of plants and trees on the Land otherwise than in above-ground or in-ground planter boxes or tubs with closed bases;

(e) that they will ensure that any soils removed from the site are removed in accordance with any relevant EPA guidelines;


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(f) that they will provide a copy of this Agreement to any contractors or other persons working on the Land before any works commence; and

(g) that they will ensure that groundwater is not extracted from the Land for use within, or outside of, the Land, unless the groundwater has been tested and that it has been shown to be safe and suitable for the proposed use, to the satisfaction of the Council.

It should be noted that Council has previously entered into LMA’s with the same intent and requirements. These are located at Allotment 45 Paterson Terrace, Gawler (immediately south of the subject land) and at Allotment 50 Cameron Street, Gawler (corner with Jacob Street). The LMA’s for these allotments are contained within Attachment 2. It should be noted that both the abovementioned allotments, as well as the subject land, were all previously in the ownership of Council until recently. In terms of Council’s disposal of the land, a review of archived Council reports written by previous planning staff reveals the following: 2004 −

a) a programme of land divestment commenced b) Various land parcels identified with development options c) Valuations commissioned together with feasibility assessment to determine

whether best economic return for Council is by direct sale of raw land or develop land and on-sell

d) In relation to Paterson Terrace, Council determined land should be developed and sold with development guidelines (given the heritage context)

2005 −

a) Preliminary soil report commissioned as first stage of land development process

2006 –

a) Investigations showed geotechnical issues relating to uncontrolled fill and evidence of contamination

b) The current open space use was considered acceptable but residential use would require remediation

c) Council determined that best course of action was to divest without developing land and, based on verbal legal advice, the purchaser to indemnify Council with respect to an order for remediation or legislative change at a future time

d) Council endorsed direct sale of land by Tender with a condition concerning contamination liability

e) No Tenders received f) Committee of Council authorised sale of land within a specified price range by

auction g) Prices offered at auction were below that authorised by Council and the

matter was referred back to Council with the best renegotiated offers agreed by Council

h) The contract notes refer to the Geotechnical studies and assessments as an annexure to the contract (i.e. the condition of the land was revealed to the purchasers)

i) Memorandums of Transfer executed by Council for sale of Lot 45 and Lot 50 to two separate owners

j) In summary, the land was considered for divestment under three different arrangements:


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a. Council to develop land and on sell with development obligations; b. Tender with liability recognition; and subsequently c. Auction and subsequent direct negotiation, with disclosure on land

contamination. k) Accordingly, there were ultimately no obligations on the purchasers to

remediate the land as part of the sale process. A series of investigations were commissioned following the land sale. The Environmental Site Assessment for Allotment 50 details the results of the testing which indicates ground water that was intercepted at 19.5 metres. In summary, the findings of these tests were that:

“All Analytes were reported at concentrations less than laboratory reporting limits and/or less that NEPM EIL and NEPM HIL Settings A and D Guideline criteria which were adopted for this site with the exception of a number of heavy metal (P.35)” which required further testing. The result of the further tests still rendered the leachability of the analytes as low.

Therefore it is determined that the draft LMA will satisfactorily allow the construction of dwellings on the subject land, whilst minimising the risk to human safety from potential contamination on the site. In addition, the LMA will alert all future landholders of the special circumstances regarding development on the site, whilst the Environmental Audit (yet to be undertaken) will ratify the conditions detailed within the Environmental Site Assessment. The Environment Protection Authority has advised Council staff that the Auditor assumes all liability for contamination issues upon them signing off on their review of the Environmental Site Audit. Communication No communication is required, given this matter simply involves a request from an applicant to Council. Consultation No consultation has occurred, besides that with Council’s solicitors, Wallman’s Lawyers in order to ascertain that the proposed approach is legally sound and valid. Policy Implications This matter does not impact on Council policy, given that the Town of Gawler Development Plan remains as the primary development control guidelines in relation to this site. Statutory Requirements The Land Management Agreement has been enacted by Council pursuant to Section 57 (1) of the Development Act, 1993. Financial/Budget Implications There are no financial implications in relation to this matter upon Council. The applicant has agreed in writing to meeting all costs relating to the drafting and lodgement of the proposed Land Management Agreement. The applicant has already provided funds to pay for the drafting of the proposed Land Management Agreement.


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Strategic Implications Outcome 4.1 : Innovative urban planning Outcome 4.4 : A better environment Outcome 5.2 : Creating a future Outcome 5.3 : Responsible government Outcome 5.4 : Good administration OFFICER’S RECOMMENDATION Item 10.6 – Land Management Agreement Proposal (DA490/D49/07, DA490/396/11 and DA490/C27/12) That:- Council authorise the Mayor and Chief Executive Officer to sign and apply the common seal of Council to all relevant documents in order to execute the documents pertaining to a Land Management Agreement between V & T Vallelonga. This LMA relates to site contamination mitigation measures at Allotment 50, Paterson Terrace, Gawler (Certificate of Title 5795/232 and Development Application numbers 490/D49/07, 490/396/11 and 490/C27/12).


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Item Number 10.7 Title SOUTHERN GATEWAY ENTRANCE

STATEMENT SCULPTURE Date 28 August 2012

Author(s) Development and Strategic Planner (Ryan Viney)

File CC10/2435

Previous Reference/ Motion IES 15/6/2010 Motion No. IES:2010:06:033 Council 22/6/2010 Motion No. 2010:06:164 Council 28/2/2012 Motion No: 2012:02:055

Background In 2009 Council engaged Hemisphere Designs an Adelaide based landscape architect to create a landscape concept for the southern approach to Gawler. The intent of this project was to visually separate the town of Gawler from the northern suburbs of Adelaide. The southern approach to Gawler captures many of the quintessential qualities of “Best of Town and Country” which is aptly defined through the unique nature of its topography, panoramic views and pastoral land uses which separate the town physically and culturally from the northern suburbs of Adelaide. The project was intended to reinforce the existing landscape by creating a sense of departure from northern Adelaide and an arrival into a new landscape of broad vistas and open plains used for agriculture. This project incorporates land on either side of Main North Road stretching from Dalkeith Road to the Gawler Bypass Road and a larger section of land rezoned to Open Space as part of negotiations with developers involved in the Southern Urban Areas Development Plan Amendment. As part of this landscape project an opportunity was identified for a piece of public art to be incorporated as an entrance statement. Subsequently, Council applied to, and was successful in acquiring $6,000 from Arts SA to develop artistic concepts which appropriately addressed the historical significance, economic development, rural aesthetic and future vision of the Gawler Township. Following a public call for expressions of interest, three artists were selected to develop their concepts for a piece of public art. As a result Greg Johns and his design “Land Lines” was selected, having drawn a positive response from the community and stakeholders - suggesting his concept promoted Gawler’s identity and commercial sustainability. Please refer to Attachment 1

“Landlines aims to capture Gawler’s unique sense of the place for this important locality and gives sensitive consideration of the area’s low open landscape and its big and expansive vistas. The work’s robust form, materials and detailing draw on forms that evoke an understanding of Gawler’s agriculture and industrial history and importance, while also providing reference in different ways to the first people of the Adelaide Plains.


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Designed and positioned to engage in many ways, it is a sculptural work which will reveal different qualities: a marker to passing traffic; a welcome and entry/exist statement; and a series of play objects for children residing in the adjoining new communities. For the traveller the repetitive forms and its spaces will provide the illusion of movement. For a moment, on approach, it is a solid compressed and long object that snakes and hugs the earth. Seconds later however, before disappearing completely, it will visually break-up to reveal its true form individual elements wandering across the landscape in single file. Specifically each sculptural work comprises thirteen earth coloured elements that will stretch out over several hundred metres, enough for the passing motorist to read that sculptural work, but also to reveal its landscape setting and backdrop. The individual pieces’ forms have been influenced by the shapes of ploughshares, scales of snakes, anthills, and family groups traveling by foot. Within each is a negative circular shape. The repetition and change in diameter of this shape reinforces the wave like motion created by the overall work and introduces an element where children running in between the shapes will be an enticed to play traditional games like chasey and hide and seek. Land Lines is intended to be an exciting contemporary entrance statement, powered by local aspirations that also reflect the historical and contemporary qualities of Gawler and its future directions” - Greg Johns

Greg Johns had previously provided a costing to Council for the construction of the art work, which was $300,000 (excluding GST). Council staff subsequently worked with Greg Johns, Arts SA and adjoining land owners/developers (Devine, Lanser Communities and Land Management Corporation) to confirm this figure and investigate possible funding models, including the preparation of an application as part of the 2012 Arts SA Major Commission Funding Program. At its meeting on 28 February 2012 Council resolved (Motion No: 2012:02:055) that:

1. Council prepare and lodge an Arts SA Major Commission Funding Application for a $100,000 (excluding GST) grant to assist in funding the

Southern Gateway Entrance Statement Sculpture Project.

2. Subject to a successful Arts SA Grant Application for $100,000 (excluding GST) and agreement from all Southern Urban Areas Infrastructure Delivery Fund Deed signatories, Council authorise the use of up to $200,000 (excluding GST) subject to further negotiation with the Developers, for the Southern Gateway Entrance Statement Sculpture Project.

As a result Council subsequently prepared and lodged an Arts SA Major Commission Funding Application for $100,000 to assist in funding the South Gateway Entrance Statement Sculpture Project. Unfortunately the Arts SA Major Commission Funding Program is a competitive program and Council’s application was unsuccessful. Attachment/s – Under Separate Cover Attachment 1 - “Land Lines” concept design. Attachment 2 - Greg Johns revised quote.


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Comments/Discussion Following advice from Arts SA that Council’s Major Commission Funding Application had been unsuccessful Greg Johns, who was aggrieved by this decision and indicating a deep desire to see the project proceed, has since revised his fee structure to enable the project to proceed. As a result the cost for the project has been reduced by $100,000 to now be within the Southern Urban Areas Infrastructure Delivery Fund contribution ($200,000) previously agreed to by Council. The saving associated with the revised quote have been achieved by a reduction in Greg Johns artist fee($36,351.50), the costs associated with the fabrication, installation and transportation of the art work ($42,295) and Council providing additional in-kind support in relation to traffic/safety supervision and Project Management ($21,353). Please refer to Attachment 2 for a copy of his revised quote. This project has the opportunity to promote Gawler’s identity as a separate township from the sprawling growth of metropolitan Adelaide by creating a unique, engaged, and connected entrance statement, which complements the landscape master plan designed by Hemisphere for the southern approach to the Town of Gawler. Greg Johns has significantly reduced his fees to ensure the project can proceed as well as answering Council’s brief thoroughly by creating a statement which symbolises Gawler’s colonial agricultural culture, the indigenous dreamtime history, as well as maintaining an emphasis on open space. As a result the agricultural feel of the rural green belt will be retained ensuring the vistas to the Mount Lofty Ranges and the western plain fields are not compromised. Council now needs to decide whether it wishes to proceed with this project. Communication This project was displayed at the Gawler Show on 28 August 2010 and received very positive community feedback. There were some questions about funding on the day, i.e was it to be ratepayer funded, to which the response from Council Staff was that it was not, it was to be Developer funded. Consultation The Department of Environment, Infrastructure and Transport (DTEI) was consulted regarding the proposed concept in December 2010. Peter Larsson advised that DTEI would need to be consulted if the proposal was to enter the median strip or if it was proposed to be within the ‘clear zone’ (which is 12m from the roadside). The project is not proposed to be in either of those areas. Policy Implications This project was identified in the Southern Urban Areas DPA, with a 200m strip either side of Main North Road allocated for Open Space. In the Desired Character for the Open Space Zone there is clear written intention for public artwork.

“Artwork will complement the landscape concept either as a stand alone signature piece or to influence or modify either the entry statements or proposed structural plantings of feature trees.”


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Statutory Requirements The artwork will require Development Approval. Financial/Budget Implications As the full extent of the “Community Infrastructure” to be covered by the Southern Urban Areas Infrastructure Delivery Fund is yet to be fully scoped, and that this project was not envisaged, the use of fund monies for an entrance statement may have future financial implications for Council. Therefore any future shortfall associated with this fund would have to be managed by Council. The proposed sculpture will be located in the Open Space Zone created by the Southern Urban Areas DPA, in a 200m wide strip running along Main North Road. This land will be transferred into Council ownership for ongoing maintenance and control. The sculpture will be under the management of Council and will require an ongoing financial contribution by Council for its maintenance. Strategic Implications N/A OFFICER’S RECOMMENDATION Item 10.7 –Southern Gateway Entrance Statement Sculpture (CC10/2435) That Council, subject to the agreement of all Southern Urban Areas Infrastructure Delivery Fund Deed signatories, authorise the use of up to $200,000 (excluding GST) for the Southern Gateway Entrance Statement Sculpture Project.


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Item Number 10.8 Title GRANT FUNDING FOR TWO ADDITIONAL

BUS SHELTERS Date 28 August 2012 Author(s) Senior Project Engineer (Tony Haynes)

Reference CC11/ 368

Previous Reference/ Motion Council Meeting, 22/5/12 Motion No. 2012:12:127

Background Council have currently approved an installation / upgrade program for a total of 11 bus stop shelters (7 funded shelters and 4 “Adshel” shelters) that program is currently under way and is scheduled to be completed within the next 12 weeks. We have now been advised by the Department of Planning Transport and Infrastructure (DPTI) that a funding entitlement for Town of Gawler of $17,284.26 (inclusive GST) is available for an additional 2 shelters under the 2012/13 funding program (3Y of 4Y program). Funding applications must be submitted by the 31st August 2012.

Attachment(s) Under Separate Cover Photos of proposed shelter locations are attached as follows: Attachment 1 - Bus Stop 102 / East Murray St, opposite Coles already noted from

previous public consultation as a possible location. Attachment 2 - Bus Stop 128/North Lyndoch Rd, position of old shelter already noted

as requiring replacement.

Comments/Discussion The Council controlled shelters are designed in a prefabricated manner and it will be possible to relocate these shelters if required. Council are required to cover the cost of the shelter foundations and on-going maintenance, DPTI covers the supply and installation of the shelter structure. If this proposal of installing an additional 2 shelters is acceptable this would give Council a total of 13 shelters (inclusive of 9No re-locatable and 4 “Adshel” shelters).. Additionally in the final year (2013/14) of the program, additional funding for a further 2 shelters may also be available for the Town of Gawler should further demand and need be identified. Communication Previous public consultation process carried out in support of the previously adopted motion 2012:12:127 (Council meeting 22 May 2012). During that process Bus Stop 102 / East Murray St was noted as a possible shelter location but no other future locations were nominated within the process. Proposed bus shelter locations are required to be nominated within grant applications, but the department can approve the relocation of proposed locations approval upon application, after funding approval. Departmental notification of this year’s funding process was received on the 3 August 2012 with funding applications closing on the 31 August 2012.


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If Council approves the grant application and DPTI funding is granted, staff will consult the Gawler Disability Action Group and go to a public consultation (preferred mechanism would be media release) on the 2 proposed Bus Stop Shelter locations. Consultation Consultation has also commenced internally with the Manager Business & Community Services regarding the feasibility of community volunteers cleaning council bus shelters. Policy Implications Nil Statutory Requirements Federal Disability Discrimination Act 1992 Financial/Budget Implications Council contribution to the project can be sourced within the net funding allocation of $75,000 brought forward from the 2011/2012 financial year within the 2012/2013 adopted budget. Strategic Implications Outcome 2.2 : Services and facilities that meet community needs Outcome 3.2 : A safe community OFFICER’S RECOMMENDATION Item 10.8 - Grant Funding for Two Additional Bus Shelters (CC11/368) That Council apply for the funding entitlement as stated by the Department of Planning, Transport and Infrastructure for the supply and installation of an additional two shelter structures at the following locations: 1. Bus Stop 102 / East Murray St, opposite Coles already noted from previous

public consultation as a possible location. 2. Bus Stop 128 / North Lyndoch Rd, position of old shelter already noted as

requiring replacement.


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Item Number 10.9 Title REVIEW OF GAWLER SPORT AND SWIMMING

CENTRE OPERATIONS Date 28 August 2012 Author(s) Director Corporate & Community Services (Vic Izzo)

Reference CC10/3029, CC12/105

Previous Reference/ Motion

Council, 22/4/2012 Motion No. 2012:04:106

Background As Elected Members are aware Mr Alan Male, General Manager AMA Leisure, has conducted a review of the operations of the Gawler Swimming Centre and the Gawler Sport & Community Centre as well as providing strategic advice over the review period from 1 January 2012 to 30 June 2012. Mr Male presented his findings of the review at an Elected Member workshop held on 7 June 2012. This report provides the Council with information on the future organisational structure which should provide the opportunity for both centres, when amalgamated into a single business unit under one manager, to grow existing programs and implement new programs which should result in increased patronage, increased utilisation and ultimately improved financial performance.

Attachment(s) Attachment 1 – Existing Organisational Structure – Gawler Swimming Centre Attachment 2 – Existing Organisational Structure – Gawler Sport & Community

Centre Attachment 3 – Proposed Organisational Structure – Gawler Aquatic & Recreation

Services Comments/Discussion 1. Existing Organisational Structure – Gawler Swimming Centre

The existing organisational structure is contained in Attachment 1. The Centre comprises of 1.8FTEs which includes the Pool Supervisor (1.0FTE) and Assistant Supervisor (0.8FTE). These positions accumulate hours during the swimming season (from 1 October to 31 March) which are then drawn down during the non-swimming season. The number of lifeguards and kiosk staff were employed by Council as casuals but during the past swimming season casual staff have been employed through an agency which provides Council with greater flexibility and lower administrative costs. The number of casual lifeguards employed is determined by the Pool Supervisor but the minimum number must be in accordance with the Guidelines for Safe Pool Operations of the Royal Life Saving Society Australia. Elected Members would be aware that the Pool Supervisor, Mr Lewis Carter, recently resigned from Council. It is proposed to utilise the funding from this position to be reallocated to fund the proposed position of Manager Aquatic & Recreation Services. It is proposed that the position would be at the same Level 6 of the Municipal Officers Award.


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2. Existing Organisational Structure – Gawler Sport & Community Centre

The existing organisational structure is contained in Attachment 2. The Centre is managed by a Team Leader (Level 5) and (2.0FTEs) Recreation and Administration staff. The Centre also runs the Out of Hours School Care (OHSC) and Vacation Care program. This program will continue until a review has been conducted in accordance with the resolution of the Council (Motion No: 2012:06:189) at their Special Meeting on 28 June 2012.

3. Proposed Organisational Structure – Gawler Aquatic & Recreation Services The new business unit is the amalgamation of both the Gawler Swimming Centre and the Gawler Sport & Community Centre which will become known as the Gawler Aquatic & Recreation Services. There will be a Manager Aquatic & Recreation Services (Level 6 Municipal Officers Award) and two (2) Team Leaders Aquatic & Recreation Services (Level 4 Municipal Officers Award). All three positions will be rostered over seven (7) days over 152 hours per month. This will allow complete coverage, and familiarity over both Centres which will provide greater flexibility and allow staff to take leave without interruption to services to the public. Most if not all other staff (excluding Out of Hours School Care and Vacation Care which for now will remain unchanged) will be sourced from labour agencies. The Council would be aware of the value of the advice provided by Mr Alan Male and it is recommended that Council continues to engage his services over the 2012/13 financial year to provide operational and strategic advice to assist the new business unit to meet or exceed its financial performance targets. Mr Male has developed detailed knowledge of the operations of both the Gawler Sport & Community Centre and the Gawler Swimming Centre during the period of the review and that knowledge would require time, which would not make good business sense in this instance, should the Council wish to seek quotations from other available and similarly qualified advisors. There is a provision of $30,000 in the 2012/13 Budget allocated for this purpose. It is recommended that while the name of the Gawler Sport & Community Centre remain unchanged, the name of the Gawler Swimming Centre (recently adopted by the Council) be changed to the Gawler Aquatic Centre. The use of the word “aquatic”, from a marketing perspective, promotes the Centre as a facility which offers not only swimming but also other water related activities.

Communication N/A Consultation N/A Policy Implications N/A Statutory Requirements N/A Financial/Budget Implications N/A


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Strategic Implications Outcome 1.2 : Well presented Gawler assets Outcome 2.2 : Services and facilities that meet community needs Outcome 2.3 : A local government that is financially viable Outcome 3.4 : An active community Outcome 5.4 : Good administration OFFICER’S RECOMMENDATION Item 10.9 Review of Gawler Sport and Swimming Centre Operations (CC12/105) 1. That the Review of Gawler Sport and Swimming Centre Operations report

be received. 2. That the new organisational structure amalgamating the activities of the

Gawler Sport & Community Centre and the Gawler Swimming Centre into the Gawler Aquatic & Recreation Services be noted.

3. That Council approve the engagement of Mr Alan Male of AMA Leisure to provide operational and strategic advice during the 2012/13 financial year within the budget allocation.

4. That Council approve the name change of the Gawler Swimming Centre to the Gawler Aquatic Centre.


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Gawler Swimming Centre Existing Structure

Supervisor 1.0FTE

Assistant Supervisor 0.8FTE

Swimming Instructors

Volunteers

Lifeguards Casuals

Swimming Lessons

Fitness / Lap Swimming

Recreational

Aqua Aerobics

Competition

Clubs

Schools

Gawler Swimming Centre Shared Responsibilities

Attachment 1


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Sport & Recreation Services Existing Structure

Team Leader 1.0FTE

OSHC 2.4FTE

Administration 0.8FTE

Recreation0.2FTE

Maintain Program and Schedules

Investigate

partnerships with Schools &

Associations

Manage GSCC Amenities

Out of School Hours Care (OSHC)

Vacation Care

Skating / Artistic Skating

InLine Hockey

League

Room Hire

Multiple dance styles

Community Events

Corporate Hire

Youth Events

Activities for disabilities

Ball Sports

Multiple Martial Arts

School Activities

Car & Bike Swap meets

Casuals

Attachment 2


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Gawler Aquatic and Recreation ServicesProposed Organisation Structure

ManagerAquatic & Recreation

1.0FTE

Team Leaders2.0FTE

Gawler Sport & Community Centre

Gawler Aquatic Centre0.8FTE

Out of School Hours Care (OSHC)2.4FTE

Casuals

Attachment 3


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Item Number 10.10 Title CONFIDENTIALITY PROVISION UPDATE Date 28 August 2012 Author(s) Acting Governance Coordinator (Cheryl Douyere)

Reference CC10/2351


Background The principle of open and accountable government is strongly supported by the Town of Gawler and confidentiality provisions will only be utilised after careful consideration and when considered proper and necessary. Council has adopted a code of practice under the Local Government 1999 Act where there is a need to restrict public access to discussion or documents. Council has also reviewed their processes to improve systems and transparency. Under this code, the application of the confidential provisions includes clearly outlining to the community the purpose and basis Council may apply the provisions under the LG Act to restrict public access to meetings or documents under the following circumstances: (a) information the disclosure of which would involve the unreasonable disclosure

of information concerning the personal affairs of any person (living or dead); (b) information the disclosure of which—

(i) could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council; and

(ii) would, on balance, be contrary to the public interest; (c) information the disclosure of which would reveal a trade secret; (d) commercial information of a confidential nature (not being a trade secret) the

disclosure of which— (i) could reasonably be expected to prejudice the commercial position of the

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

(ii) would, on balance, be contrary to the public interest; (e) matters affecting the security of the council, members or employees of the

council, or council property, or the safety of any person; (f) information the disclosure of which could reasonably be expected to prejudice

the maintenance of law, including by affecting (or potentially affecting) the prevention, detection or investigation of a criminal offence, or the right to a fair trial;

(g) 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;

(h) legal advice;


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(I) information relating to actual litigation, or litigation that the council or council committee believes on reasonable grounds will take place, involving the council or an employee of the council;

(j) information the disclosure of which— (i) would divulge information provided on a confidential basis by or to a

Minister of the Crown, or another public authority or official (not being an employee of the council, or a person engaged by the council); and

(ii) would, on balance, be contrary to the public interest; (k) tenders for the supply of goods, the provision of services or the carrying out of

works; (m) information relating to a proposed amendment to a Development Plan under

the Development Act 1993 before a Plan Amendment Report relating to the amendment is released for public consultation under that Act;

(n) information relevant to the review of a determination of a council under the Freedom of Information Act 1991.

Attachment(s) Attachment 1 – Comparison Table and Chart Comments/Discussion Section 91(9)(a) requires that Council report on an annual basis the use of confidentiality provisions, where a confidential period exceeds 12 months.

The reporting includes the following information, separately identified for both Council and Committees:-

• Number of occasions each of the provisions of Section 90(3) were utilised

• An indication of any particular issues that contributed to the use of confidentiality provisions on more than one occasion

• Number of occasions that information originally declared confidential has subsequently been made publicly available

• Number of occasions that information declared confidential has still not subsequently been made publicly available and the reason for this in each case

During 2011/12 Council and staff worked diligently and undertook a major review towards reducing the number of reports and minutes kept in confidence. Council also reviewed their processes and policies to ensure greater transparency in decision making. Council reviewed the confidential status of matters on nine (9) occasions in 2011/12. Council also improved public access to information of the confidential matters on their website including a register of confidential orders and copies of confidential items released. Three (3) times in 2011/12 Council considered ‘Revoking of Confidentiality Clauses’ reports, which included all items still in confidence, the need to keep previous reports and minutes in confidence, and released the following topics: 1. 25 October 2011 – Council meeting

o Code of Conduct – Cr P Russell


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2. 27 February 2012 – Special Council meeting

o Council Administration Accommodation The following minutes where released (agenda reports remained confidential)

o 2009 Performance Review – DAS o 2009 Performance Review – DCCS o 2009 Performance Review – DDSP o CEO – Employment Agreement & KPT o CEO – Review of Employment Agreement o CEO – Review of Package o CEO – Review of survey & PD o CEO Key Performance Objective 2011/12 o CEO Performance Survey Results o Comparison of CEO and Director Agreements o Performance Management Panel o Performance Management Panel – 1 August 2011 o Performance Review – DAS o Performance Review – DCCS o Performance Review – DDSP o PMP – 7 July 2009 o Review of CEO Employment Agreement o Review of Director Agreements

3. 22 May 2012 – Council Meeting

o Trevor Bellchambers Community Swimming Centre – Expression of Interest

o LMA Lot 45 Paterson Tce, Gawler o Hillier Development Plan Amendment The following agenda reports where released: (Note minutes were released in February) o 2009 Performance Review – DAS o 2009 Performance Review – DCCS o 2009 Performance Review – DDSP o CEO – Review of Employment Agreement o CEO – Review of Employment Agreement o CEO – Review of Package o CEO – Review of Package o CEO – Review of survey & PD o CEO Key Performance Objective 2011/12 o CEO Performance Survey Results o Comparison of CEO and Director Agreements o Comparison of CEO and Director Agreements o Performance Management Panel o Performance Management Panel – 1 August 2011 o Performance Review – DAS o Performance Review – DCCS o Performance Review – DDSP o PMP – 7 July 2009 o Review of CEO Employment Agreement o Review of Director Agreements


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In addition, during the year, triggers for the expiry of confidential orders also occurred. The following confidential orders were revoked between July 2011 and prior to the 25 October 2011 meeting for the following topics: 1. Revoked on 26 July 2011

Gawler East & Environs Separate Rate – District Court Gawler East & Environs Separate Rate 2009/10 Financial Year

2. Revoked on 6 September 2011 Rural Green Belt DPA (Rural Green Belt) Southern Rural Areas Southern Rural Area DPA

And between October 2011 and prior to the 27 February 2012 meeting for the following topics: 3. Revoked on 25 November 2011

Sale of Part Road Reserve Abutting Lot 50 Cameron St Gawler

4. Revoked on 5 December 2011 Conduct of Council Employee – Confidential Investigation

5. Revoked on 20 December 2011 Ombudsman’s Report

And between February 2012 and prior to the 22 May 2012 meeting for the following topic: 6. Revoked on 11 April 2012

Town of Gawler Branding


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During 2011/2012 Council and Council Committees went into confidence for the following reasons (refer to last page for more details on reasons)

Summary 2011/12

The number of reasons Council went into Confidence

2011/2012 a b c d e f g h i j k l m a-h a-g-

h d-j various total CCS

0

Council 2 2

7

1

5 5 1 2 3 28 IES

1

1

PMP 3

3 Audit

0

DAP

0

5 2

8

1

5 5 1 2 3 32

released - NOT HELD IN CONFIDENCE

2011/2012 a b c d e f g h i j k l m a-h

a-g-h d-j various total

CCS

0 Council 1 2

3

1

4

1

3 16

IES

0 PMP 3

3

Audit

0 DAP

0

4 2

3

1

4

1

3 18

remained in Confidence / part remain in confidence

2011/2012 a b c d e f g h i j k l m a-h a-g-

h d-j various total CCS

0

Council

3

1 2

2

7 Council

(part remain in conf) 1

1

3

5

IES

1

1 PMP

0

Audit

0 DAP

0

1

5

1 5

2

14


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2011 – 2012 Summary of Confidential reports Council and Committees No. of

topics No. of

Reports

No kept confidential or revoked

Minutes only

revoked

No of topics that remain in

confidence

No of reports

that remain confidential

30.06.12

1 DPA Southern Area 1 4 2 1 2

2 Floodplain 1 1 1 1

3 Hillier DPA (Jack Cooper Drive)

1 2 2

4 Code of Conduct

2 2 1 1 1

5 Staff Issues CEO 1 7 3 4 1 4

6 CEO Performance Management Panel

1 1 1

7 Projects Branding 1 1 1

8 Sale of land Barkley Cres 1 2 1 1 2

Cameron St 1 2 2

9 Gawler Swimming Pool & Sport and Rec Centre

1 1 1 1

10 Gawler East Traffic Interventions – Council Financial Contributions

1 2 1 2

11 Ombudsman 1 1 1

12 Council Admin Accommodation

1 3 2 1 1

13 Revoking Confidential Clauses

1 3 3

15 32 18 5 8 14 From 1 July 2011 to 30 June 2012 there were 15 topics or 32 reports considered in confidence. 18 were not kept in confidence or revoked (including 5 which had minutes only revoked and reports kept confidential) Leaving 8 topics or 14 reports kept in confidence as at 30 June 2012.


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At 30 June 2011 there was a total of 58 reports related to 30 topics that were held in confidence. During 2011/12 Council considered a further 32 reports related to 15 topics. Council also reviewed the need for the report and items to be kept in confidence and determined that only 31 reports related to 17 topics should be kept in confidence as at 30 June 2012. In other words, total reports held in confidence as at 30 June 2011 = 58, plus 32 reports considered in confidence during 2011/12, (which totals 90 reports) less 59 report revoked during 2011/12 equals 31; or A total topics held in confidence as at 30 June 2011 = 30, plus 15 topics considered in confidence during 2011/12, (which totals 45 topics) less 28 topics revoked during 2011/12 equals 17 This has been a major improvement to the statistics during 2011/12. 2010 – 2011 Summary of Confidential reports Council and Committees

• 9 reports (3 topics) remained in confidence for 2010/11 Year as at 30 June 2012.

• During 2011/12 - 24 reports (or 11 topics) were revoked leaving 9 reports (3 topics) kept in confident as at 30 June 2012

• 33 reports (or 14 topics) remained in confidence for 2010/11 year as at 30 June 2011

2009 – 2010 Summary of Confidential reports Council and Committees

• 5 reports (4 topics) remained in confidence for 2009/10 Year as at 30 June 2012.




• 1 report (or 1 topic) remained in confidence for 2008/09 Year as at 30 June 2012

• During 2011/12 - 4 reports (or 3 topics) were revoked leaving 1 report (1 topics) kept in confident as at 30 June 2012



• 2 reports (or 1 topic) remained in confidence kept in confidence for 2007/08 Year as at 30 June 2012.

• During 2011/12 - 2 reports (or 1 topic) were revoked leaving 2 reports (1 topic) kept in confident as at 30 June 2012

• During 2010/11 - no reports were revoked (4 reports or 2 topics remain in confidence)


74

Communication Executive Team Consultation Executive Team Policy Implications Code of Practice for Access to Council and Committees Meetings and Council documents (Policy Manual 1.2). Statutory Requirements Local Government Act, 1999 Financial/Budget Implications Nil Strategic Implications Outcome 5.3 : Responsible government Outcome 5.4 : Good administration OFFICER’S RECOMMENDATION Item 10.10 – Confidentiality Provision Update (CC10/2351) That the Confidentiality Provision Update report be received.


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ATTACHMENT 1


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Item Number 10.11 Title COUNCIL OPERATING HOURS –

CHRISTMAS AND NEW YEAR Date 28 August 2012 Author(s) Acting Governance Coordinator

(Cheryl Douyere)

File CC10/522, CC10/874

Previous Reference/ Motion Council 28/09/2010 Motion No 2010:09:295 Council 27/09/2011 Motion No 2011:09:273

Background For the past seven (7) years, Council offices have closed for the Christmas/New Year period on all non-public holidays, excluding the Library and the Visitors Information Centre which have normal trading hours. The Depot has operated with a skeleton crew to cater for depot functions during this time.

Attachment(s) Attachment 1 - Draft advertisement which will run in local newspapers. Copies of

these details will also be posted on all Council Notice Boards and where the public are able to access.

Emergency numbers still to be finalised. Comments/Discussion This year Christmas day falls on a Tuesday (25 December), Proclamation Day falls on a Wednesday (26 December), and New Year’s Day (1 January 2013) falls on a Tuesday. Therefore, the public holidays will be as follows:

• Tuesday 26 December 2012 (Christmas Day holiday)

• Wednesday 27 December 2012 (Proclamation Day holiday)

• Tuesday 1 January 2013 (New Year’s Day holiday) Members are advised that it is the Chief Executive Officer’s intention to close the Town Hall, IES Office, Gawler Sport and Community Centre, Evanston Gardens Community Centre and the Home Assist & Community Care Office for the three (3) non-public holiday days between Christmas and New Year, being Thursday 27, Friday 28 and Monday 31 December 2012 plus one (1) non-public holiday, Monday 24 December (Christmas Eve). All Council offices will re-open on Wednesday 2 January 2013. Comprehensive advertising will occur prior to the Christmas period to advise the community of Council’s operating hours during the holidays. Emergency on-call staff will be rostered.


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Staff will be requested to take this time off as either annual leave or accrued RDOs, TOIL or Flexi. Communication Executive and Management Group Consultation Executive and Management Group Policy Implications Nil Statutory Requirements Nil Financial/Budget Implications Nil Strategic Implications Nil OFFICER’S RECOMMENDATION Item No. 10.11 - Council Operating Hours – Christmas/New Year (CC10/522, CC10/874) That:- 1. The Council Operating Hours – Christmas/New Year report be received; and 2. The closure of Council offices during the non-public holiday period of 24,

27, 30 and 31 December 2012, be noted.


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ATTACHMENT 1

TOWN OF GAWLER

COUNCIL OPERATING HOURS CHRISTMAS AND NEW YEAR

2011/2012 The Town of Gawler would like to advise the following arrangements in relation to its Christmas/New Year closure: Council offices (Town Hall and IES Building) and Home Assist & Community Care Office Closed 5.00pm Friday, 21 December 2012 (normal business hours) and re-open 9.00am Wednesday, 2 January 2013 Gawler Sport and Community Centre Closed 5.00pm Friday, 21 December 2012 (normal business hours) and re-open 9.00am Wednesday, 2 January 2013 Evanston Gardens Community Centre Closed 5.00pm Friday, 21 December 2012 (normal business hours) and re-open 9.00am Wednesday, 2 January 2013 Main Library Monday, 24 December 9.00am to 5.00pm (Normal business day) Tuesday, 25 December Closed (Christmas Day) Wednesday, 26 December Closed (Proclamation Day - Public Holiday) Thursday, 27 December 9.00am to 5.00pm - Normal business day Friday, 28 December 9.00am to 5.00pm - Normal business day Saturday, 29 December 9.00am to 1.00pm - Normal business day Sunday, 30 December Closed Monday 31 December 9.00am to 5.00pm - Normal business day Tuesday 1 January 2013 Closed (New Year’s Day) Wednesday 2 January 9.00am to 5.00pm - Normal business day Evanston Gardens Branch Library Tuesday, 25 December Closed (Christmas Day) Tuesday 1 January 2013 Closed (New Year’s Day) Waste Collection Normal collection dates apply. For further details please contact NAWMA on 1800 111 004.


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Waste Transfer Station Monday, 24 December 1.00pm to 3.30pm (Christmas Eve) Tuesday, 25 December Closed (Christmas Day) Wednesday, 26 December Closed (Proclamation Day - Public Holiday) Thursday, 27 December Closed as Normal Friday, 28 December 10:00am to 12:00pm and 1:00pm to 3:30pm Saturday, 29 December 8:00am to 12:00pm and 1:00pm to 3:30pm Sunday, 30 December 8:00am to 12:00pm and 1:00pm to 3:30pm Monday, 31 December 1:00pm to 3:30pm (New Year’s Eve) Tuesday, 1 January 2013 - Closed (New Year’s Day) Wednesday, 2 January 10:00am to 12:00pm and 1:00pm to 3:30pm Works Depot Monday, 24 December Closed 25 – 26 December Public Holidays Closed 27 – 28 December 7:00am to 4:12pm (Normal Hours) Monday, 31 December - Closed Tuesday, 1 January 2013 Closed (New Year’s Day) Wednesday, 2 January Normal hours Visitors’ Information Centre Monday, 24 December 9:00am to 3:00pm Tuesday 25 December Closed Wednesday, 26 December - onwards Normal Trading (including New Year’s Day) Swimming Pool Monday 24 December 6:00am – 6:00pm (Normal Trading) Tuesday 25 December Closed (Christmas Day) Wednesday 26 December 12 noon – 5:00pm (if over 28 degrees otherwise closed) Thursday 27 December 6:00am – 6:00pm (Normal Trading) Friday 28 December 6:00am – 6:00pm (Normal Trading) Saturday 29 December 6:00am – 6:00pm (Normal Trading) Sunday 30 December 6:00am – 6:00pm (Normal Trading) Monday 31 December 7:00am – 5:00pm (Normal Trading) Tuesday 1 January 2013 12noon – 5:00pm (if over 28 degrees otherwise

closed) Wednesday 2 January onwards Normal Trading Should you require any further information please contact Customer Service on 8522 9211, fax 8522 9212, or email [email protected] Stephen Kerrigan Chief Executive Officer

mailto:[email protected]


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Item Number 10.12 Title DECEMBER 2012 COUNCIL MEETING Date 28 August 2012

Author(s) Acting Governance Officer (Cheryl Douyere)

File CC10/549

Previous Reference/ Motion Nil Background Council meetings are usually held on the 4th Tuesday of each month. Attachment(s) Nil Comments/Discussion This year Christmas Day falls on Tuesday 25 December 2012 and public holidays are gazetted for Tuesday 25 and Wednesday 26 December 2012. It is suggested to bring the 2012 December Council Meeting forward one (1) week to the 18 December instead of 25 December 2012. A notice will be published in the local newspaper, The Bunyip, advising of the change in dates. This date has been tentatively marked in the Council Diary for Elected Members and staff since January 2012. Communication Executive Team Consultation Nil Policy Implications Nil Statutory Requirements To advise the public of change to Council meeting dates. Financial/Budget Implications Nil Strategic Implications Outcome 3.1 : Well informed community Outcome 5.3 : Responsible government Outcome 5.4 : Good administration OFFICER’S RECOMMENDATION

Item 10.12 – December 2012 Council Meeting (CC10/549) That the December 2012 ordinary meeting of Council be held on Tuesday 18 December 2012.


82

Item Number 10.13 Title DELEGATIONS AMENDMENT Date 28 August 2012 Author(s) Acting Governance Coordinator (Cheryl Douyere)

File CC10/2659

Previous Reference/ Motion Council 22 May 2012, Motion No. 2012:05:130

Background In Circular 18.4 (1 May 2012) and Circular 30.8 (26 July 2012) the LGA advised Council that Norman Waterhouse Lawyers had undertaken a review of following legislation:

• Local Government Act 1999 • Development Act 1993 • Development Regulations 2008

Attachment(s) Attachment 1 - Updates of Delegation Template table (Circular 18.4 and 30.8) Attachment 2 - Amended pages to Instrument of Delegations

• Local Government Act (pages 29) Attachment 3 - Amended pages to Instrument of Delegations

• Development Act 1993 (pages 33 & 34) • Development Regulations 2008 (page 38, 39, 49 & 57)

Comments/Discussion The LGA reviews Legislative changes on a quarterly basis and notifies Councils of amendments to Acts and Regulations that will affect delegations. The table (attachment 1) details the changes. This report recommends that a resolution is passed in respect to the Legislative Amendments to enable these powers to be exercised under delegated authority. Communication Executive Team Local Government Association SA Consultation Executive Team Policy Implications Delegations and authorisations may have a direct relationship to Council Policies. If any changes or amendments are required of Council Policies as a result of this Council Delegation Instrument, they will be reviewed and presented to Council for its consideration.


83

Statutory Requirements Local Government Act 1999 and various Acts described within the Delegation Instrument. Financial/Budget Implications Nil Strategic Implications The delegation of responsibilities underpins the modern governance system of Local Government and is central to the achievement of the strategic outcomes of the organisation. OFFICER’S RECOMMENDATION Item 10.13 – Delegations Amendments (CC10/2659) 1. That Council endorse the amended delegations to the Chief Executive

Officer, as detailed in: 1.1 Local Government Act (page 29) 1.2 Development Act 1993 (pages 33 & 34) 1.3 Development Regulations 2008 (page 38, 39, 49 & 57)

2 That such powers and functions may be further delegated by the Chief

Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit.


84

ATTACHMENT 1


85


86


87


88


89


90

ATTACHMENT 2


91

ATTACHMENT 3


92


93


94


95


96


97

Item Number 10.14 Title PROCEDURES AT MEETINGS

REGULATIONS 2012 — CONSULTATION DOCUMENT

Date 28 August 2012

Author(s) Acting Governance Coordinator (Cheryl Douyere)

Reference CC10/459


Background The Local Government Association (LGA) advised in Circular 32.1 that they seek feedback from Councils on the consultation document on proposals for changes to the Local Government (Procedures at Meetings) Regulations 2000.

Attachment(s) Attachment 1 – Procedures at Meetings Regulations 2012 – Consultation

Document (July 2012) Comments/Discussion The LGA has carried out initial consultation on the Local Government (Procedures at Meetings) Regulations 2000 with a small group of Governance Officer from Councils (including the Town of Gawler). Ms Marjorie Schulze, former Council Member and author of LGA’s booklet, Meeting Procedures: A Handbook for Council Members, was engaged to develop a new set of proposals, based on initial feedback from Councils. The current LGA – Meeting Procedure Handbook for Council Members has been provided to Elected Members and is also available on the LGA website. http://www.lga.sa.gov.au/webdata/resources/files/LGA_Meeting_Procedures_Handbook.pdf The handbook was first printed in 2005 with contributions by Cr Brian Thom who was involved with the original publication working party. The handbook was reprinted in 2006 and 2010. Elected Members are asked to provide feedback on the Procedures at Meetings Regulations 2012 – Consultation Document (attached), to the Chief Executive Officer or Acting Governance Coordinator by 21 September 2012. Communication Nil Consultation Executive Team Policy Implications Nil

http://www.lga.sa.gov.au/webdata/resources/files/LGA_Meeting_Procedures_Handbook.pdf


98

Statutory Requirements Local Government (Procedure at Meetings) Regulation 2000 Financial/Budget Implications Nil Strategic Implications Outcome 5.3 : Responsible government Outcome 5.4 : Good administration OFFICER’S RECOMMENDATION Item 10.14 – Procedures at Meetings Regulation 2012 – Consultation Document (CC10/549) That the Procedures at Meetings Regulation 2012 – Consultation Document report be received.


99

ATTACHMENT 1


100


101


102


103


104


105


106


107

Item Number 10.15 Title GAWLER RIVER FLOOD PRONE AREAS DPA –

CONFIDENTIAL PROVISION REPORT Date 28 August 2012 Author(s) Acting Governance Coordinator (Cheryl Douyere)

Reference CC10/2806

Previous Reference/ Motion IES 8 April 2008, Motion IES:2008:04:038, 039 Council 22 April 2008, Motion 2008:04:119 (a) (b) IES 14 April 2009, Motion IES:2009:04:035, 036 Council 22 September 2009, Motion 2009:09:326, 326 Special Council 24 February 2010, Motion 2010:02:048, 049 Council 3 August 2010, Motion 2010:08:219, 220 Council 27 February 2012, Motion 2012:02:37, 38, 39

Background At the Special Council meeting held on 27 February 2012 Council considered in confidence the Gawler River Flood Prone Areas Development Plan Amendment (DPA) report and resolved the following motions:

Motion No: 2012:02:037 That:- 1. Given the nature of the policies proposed and that both Council and the

Minister for Planning, Transport and Infrastructure must endorse the release of the Gawler River Flood Prone Areas Development Plan Amendment (DPA) for public and agency consultation, it is considered necessary to keep the draft Gawler River Flood Prone Areas DPA confidential until this determination has been reached.

2. Under the provisions of Section 90(2) of the Local Government Act, 1999, an order be made that the public be excluded from attendance at the Meeting excepting the Chief Executive Officer, Director Corporate and Community Services, Senior Manager Planning, Development & Strategic Planner and Minute Taker in order to consider Item 8.1 in confidence, under the provisions of Section 90(3)(m) of the Act regarding information relating to:

(m) information relating to a proposed amendment to a Development Plan under the Development Act 1993 before a Plan Amendment Report relating to the amendment is released for public consultation under that Act.

3. 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 or discussion confidential.


108

Motion No: 2012:02:038

That:- 1. Council endorse the Gawler River Flood Prone Areas Development Plan

Amendment (DPA) as submitted as being suitable for consultation in accordance with the approved Statement of Intent, with the following amendments:

a. identified hazard categories to be low, medium and high

b. an additional Principle of Development Control be inserted (p. 57) that sets out that where allotments are comprised of more than one category (including land outside hazard categories) then development assessment will be based on the location of the development activities relative to the risk categories involved

c. The different hazard flood risk categories (p. 55-56) to reflect the low, medium and high risk categories based on categories set out on page 25. Change ‘small car’ to ‘small vehicle’ (p 56) and ‘4WD’ to ‘larger 4WD’.

d. Principle 63 – insert: ‘Solid fencing in Historic Conservation Zones or for State or Local heritage listed places outside these Zones is appropriate provided that the level of flood risk in the vicinity is not significantly altered’

2. Council seek the agreement of the Minister for Urban Development and

Planning to undertake consultation without the use of Interim Operation of this Development Plan Amendment (DPA).

3. Authorise the Chief Executive Officer to make minor amendments to the Development Plan Amendment (DPA) based on any legal advice or at the request of the Minster/Department of Planning and Local Government before it is released for consultation.

4. Public consultation be undertaken in accordance with all statutory

requirements.

Motion No: 2012:02:039

1. An order be made under the provisions of Section 91(7) of the Local Government Act, 1999 that the further written report including the Minutes of the Council relating to discussion of the subject matter, having been dealt with on a confidential basis under Section 90(3)(m) of the Act, should be kept confidential for a period of up to twelve (12) months on the grounds that it involves;

m) information relating to a proposed amendment to a Development Plan under the Development Act 1993 before a Plan Amendment Report relating to the amendment is released for public consultation under that Act.

2. The Chief Executive Officer be authorised to revoke the order made when the Development Plan Amendment is released for public exhibition.


109

3. The Chief Executive Officer advise the Council of the revocation of this order at the first Council meeting after such revocation has occurred.

Attachment(s) Nil Comments/Discussion The Gawler River Flood Prone Areas Development Plan Amendment was released for public and agency consultation on 19 July 2012 and as the item was dealt with by Council as a Confidential Item, and in accordance with Motion No: 2012:02:039 the minutes associated with this item can now be taken out of confidence. The Chief Executive Officer has used his delegated authority granted by Motion 2012:02:039 and revoked the confidential order. The agenda report and attachments are now public and have been included in the Public Minute Book and are available on the Council’s website. Communication Nil Consultation Nil Policy Implications Nil Statutory Requirements Nil Financial/Budget Implications Nil Strategic Implications Outcome 5.3 : Responsible government Outcome 5.4 : Good administration


110

OFFICER’S RECOMMENDATION Item 10.15 – Gawler River Flood Prone Areas DPA – Confidential Provision Report (CC10/2806) That:- 1. The Gawler River Flood Prone Areas DPA – Confidential Provisional Report

be received. 2. Council note the Chief Executive Officer has used delegated authority and

revoked the confidential order made under Motion 2012:02:039 and the Gawler River Flood Prone Areas DPA reports (as listed below) and attachments have been inserted in the Public Minute book and included on the website. 2.1. 8 April 2008, Motion IES:2008:04:038, 039 2.2. 22 April 2008, Motion 2008:04:119 (a) (b) 2.3. 14 April 2009, Motion IES:2009:04:035, 036 2.4. 22 September 2009, Motion 2009:09:326, 326 2.5. 24 February 2010, Motion 2010:02:048, 049 2.6. 3 August 2010, Motion 2010:08:219, 220 2.7. 27 February 2012, Motion 2012:02:37, 38, 39


111

Item Number 10.16 Title STARCLUB FIELD OFFICER PROGRAM Date 28 August 2012 Author(s) Manager Business and Community Services

(Jodie Grantham)

Reference CC12/189

Previous Reference/ Motion Council Meeting, 22 May 2012 Motion No. 2012:05:134 That Council endorse the recommendations from the Corporate and Community Services Committee meeting held on 8 May 2012, being: Item 9.4 – STARCLUB Field Officer Program (CC12/189) Motion No: CCS:2012:05:24 That:-

1. Council staff seek clarification on the flexibility of the program from the Office of Recreation and Sport, for further discussion at the May 2012 Council meeting (if available); and

2. Options from Office of Recreation and Sport to assist Town of Gawler and the Barossa region for the development of Sports and Recreation Policies and activities, for further discussion at the May 2012 Council meeting (if available).

Background Further to the above motion a presentation from the Office for Recreation and Sport was provided to Council on 24 July 2012. The STARCLUB Field Officer (SFO) Program is a partnership between the Office for Recreation and Sport (ORS) and country Councils, Health Services and Community Organisations. SFO’s work with sport and active recreation clubs and associations to:

• Establish and maintain well managed and sustainable sport and active recreation clubs and associations;

• Develop and maintain a strong, vibrant sporting and active recreation culture; • Increase and maintain community participation in sport and active recreation; • Develop the skills and competencies of club coaches and officials; • Recruit and retain valued volunteers.

The original Expression of Interest for this program was submitted on the basis of a three way partnership with The Barossa Council, District Council of Mallala and the Town of Gawler. The Barossa Council has officially advised withdrawal to the Office for Recreation and Sport on 24 April 2012. The District Council of Mallala have verbally advised that they will not be participating.


112

On 8 May 2012 Council was advised of the successful Expression of Interest and subsequent offer to conduct a STARCLUB Field Officer Program across the region. While staff believe that there are substantial benefits in participating in this program, it is also recognised that because of other competing priorities and Elected Member feedback it is difficult to recommend the acceptance of the offer.

Attachment(s) Nil Comments/Discussion At the Council presentation on 24 July, Justin Stephens, Senior Project Officer - Community Recreation & Sport Development reiterated what the program is, the SFO Strategic Plan and the Expression of Interest process. The presentation also covered:-

a) the benefits to the local sport and recreation organisations; 1. A Council employee dedicated to local organisations 2. Improved management and sustainability 3. Development of strategic plans and a clear vision 4. Be in a strong position to secure funding opportunities 5. Have access to and retain volunteers who feel valued 6. Have well trained coaches and officials 7. Provide a safe and welcoming environment 8. Provide access to facilities that are well managed and effectively utilised

by the wider community

b) The benefits to the Town of Gawler; 1. $50,000 annually with a three year commitment from ORS 2. STARCLUB Field Officer – FTE 1.0 (Council employee) 3. SFO will achieve region specific outcomes, liaise and work with clubs and

associations, engage with the community and strengthen relationship with clubs and associations, encourage better communication between council and clubs

4. Have access to ORS resources and expertise 5. ORS will liaise with SFO and provide professional development

opportunities Mr Stephens also advised that ORS is willing to continue to offer funding to Gawler with the aim of further regional collaboration beyond year one. Council now needs to decide if it wishes to accept the offer from ORS so that funding obligations can be negotiated, agreements signed, appointment process of SFO and importantly priority setting in collaboration with the community. ORS funding is required to be matched by the Town of Gawler and the following table provides details of recognised program costs (indicated in full year costs).


113

ITEM Year 1 (2012-2013) Year2 (2013- 2014) Year 3 (2014-2015) Salary + on costs $64,751 $67,041 $69,331 Car – transport (vehicle lease)

$17,890 $17,890 $17,890

Office Space (commercial $200 per week)

$10,400 $10,400 $10,400

Computer (laptop + associated)

$1,345 $500 $500

Internet Plan $2,548 $2,548 $2,548 Mobile Phone $2,548 $2,548 $2,548 Stationery/ Postage $2,000 $2,200 $2,400 Advertising $2,800 $3,900 $5,500 Management Expenses $4,500 $3,150 $4,410 TOTAL PROGRAM COSTS PER YEAR

$108,782 $113,327 $119,937

Less ORS Funding ($50,000) ($50,000) ($50,000) COST TO COUNCIL $58,782 $63,327 $69,937 Analysis of Cost to Council for Year 1. ITEM Year 1

(2012-2013) In Kind (already budgeted)

Cash (additional budget allocation required)

Notes

Net cost of Salary + on costs (total less ORS contribution of $50,000)

$14,751 $14,751

Car – transport (vehicle lease)

$17,890 $15,390 $2,500 Utilisation of existing Car Fleet (expense already incurred). Additional consumable expenses

Office Space (commercial $200 per week)

$10,400 $10,400 Utilisation of existing Council offices.

Computer (laptop + associated)

$1,345 $1,345 Initial purchase of equipment

Internet Plan $2,548 $2,548 Part of existing Corporation plan

Mobile Phone $2,548 $2,548 Initial purchase of monthly plan

Stationery/ Postage $2,000 $2,000 Advertising $2,800 $2,800 Recruitment and

program advertising Management Expenses

$4,500 $4,500 Management resources expense already incurred.

COST TO COUNCIL

$58,782 $32,838 $25,944


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If Council were to conduct the program it has been identified that maximum benefit would be obtained by locating the officer at the Gawler Sport and Community Centre, reporting under the Recreation Services area of Council and cross collaborating with a variety of staff from other areas. Communication Immediate advice to ORS is required of Council decision. If Council choose not to avail of the funding then negotiations will commence with another unsuccessful regions due to initial oversubscription. Consultation Director, Corporate and Community Services Policy Implications Nil Statutory Requirements Nil If Council accept the offer then matching in kind support must be demonstrated. The impact on the 2012/2013 budget of $25,944 would require a funding bid at the next quarterly budget review. Strategic Implications Outcome 1.3 : Valued local history and culture Outcome 2.2 : Services and facilities that meet community needs Outcome 3.4 : An active community Outcome 3.5 : A community that is engaging and participating (welcoming) Outcome 4.2 : Good quality open space that responds to community needs and

attracts use Outcome 4.3 : Sustainable asset management Outcome 5.2 : Creating a future OFFICER’S RECOMMENDATION Item 10.16 – STARCLUB Field Officer Program (CC12/189) That Council decline the offer of funding from the Office for Recreation and Sport to participate in the STARCLUB Field Officer Program.


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Item Number 10.17 Title GAWLER SWIMMING CENTRE FEES

2012/2013 Date 28 August 2012 Author(s) Finance Manager (Paul Horwood)

Acting Supervisor Gawler Swimming Centre (Nathan Hall)

Reference CC10/2028

Previous Reference/ Motion Special Council meeting 5 July 2012 (Motion No: 2012:07:194)

Background The 2012/13 fees for the Gawler Swimming Centre were adopted at the Special Council meeting held on 5 July 2012. The purpose of this report is to advise Council of a number of corrections and minor changes to the 2012/2013 season fees. Attachment(s) Nil Comments/Discussion The Acting Supervisor Gawler Swimming Centre has advised that two of the fees listed in the Fees & Charges (Adult and Child season pass) had the incorrect fee amount listed for the 2011/2012 financial year. The Acting Supervisor Gawler Swimming Centre, in consultation with the Finance Manager, has indicated that the Adult and Child Season pass should be retained at the 2011/12 level (instead of being reduced) and that the Family Season Pass should be set at $350 and not $300. Further, the adopted fees introduce a $3 spectator fee. However, the Acting Supervisor Gawler Swimming Centre has indicated that similar swimming centres who do charge a spectator fee, do not charge the fee if the spectator is accompanying a paying child. It is recommended that the spectator fee be amended to reflect a similar approach. The Acting Supervisor Gawler Swimming Centre has also indicated that the adopted lane hire fee of $21 is very expensive and that it should be retained at the 2011/12 fee of $20.


116

The recommended changes to the fee structure for the 2012/2013 season are outlined below (other fees remained unchanged).

Fee GST Y/N

Qty 2011/12 2012/13 Adopted

2012/13 Amended

Spectator (free if accompanying paying child)

Y Each - $3.00 $3.00

Family Season Pass Y N/A N/A $300.00 $350.00 Adult Season Pass Y N/A $200.00 $150.00 $200.00 Child Season Pass Y N/A $150.00 $120.00 $150.00 Lane Hire Y Per Hr $20.00 $21.00 $20.00

Communication The amended fees will be included in advertising material relating to the 2012/2013 swimming season. Consultation Director – Corporate & Community Services Policy Implications Nil Statutory Requirements Section 188 of the Local Government Act 1999 Financial/Budget Implications The fee amendments will have a favourable impact on the financial operations of the Gawler Swimming Centre. Strategic Implications Outcome 2.2 : Services and facilities that meet community needs Outcome 3.4 : An active community OFFICER’S RECOMMENDATION Item 10.17 – Gawler Swimming Centre Fees 2012/13 (CC10/2028) 1. That the Gawler Swimming Centre fees 2012/2013 report be received; 2. That Council approve the following amendments to the 2012/2013 fees at

the Gawler Swimming Centre:

Fee GST Y/N

Qty 2011/12 2012/13 Adopted

2012/13 Amended

Spectator (free if accompanying paying child)

Y Each - $3.00 $3.00

Family Season Pass Y N/A N/A $300.00 $350.00 Adult Season Pass Y N/A $200.00 $150.00 $200.00 Child Season Pass Y N/A $150.00 $120.00 $150.00 Lane Hire Y Per Hr $20.00 $21.00 $20.00


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11. Recommendations from Committees

11.1 Special Infrastructure and Environmental Services Committee Meeting – 2 August 2012 That Council note the recommendations from the Special Infrastructure and Environmental Services Committee meeting held on 2 August 2012, being: Item 5.1 – Hillier Development Plan Amendment (CC10/2924) Motion No. IES:2012:08:14 That:- 1. Statutory consultation with government agencies and the

public has been undertaken in accordance with Section 25 of the Development Act 1999; Regulations 10A and 11A of the Development Regulations 2008 and the agreed Statement of Intent.

2. Pursuant to Section 25 (11) (c) of the Development Act 1993 the Town of Gawler Infrastructure and Environmental Services Committee recommend to Council that the following amendments be made to Hillier Development Plan Amendment in response to agency and public consultation:- a) The insertion of the following Principles of

Development Control into the Evanston Gardens/Evanston South Residential Policy Area 4. i. Development areas affected by aircraft noise

should be consistent with Australian Standard AS 2021:- Acoustic – Aircraft Noise Intrusion – Building Siting and Construction.

ii. Development, including land division, should not occur where site contamination has occurred unless the site has been assessed and remediated as necessary to ensure that it is suitable and safe for the proposed use.

b) Map GA/1 (overlay 1) Structure Plan be amended to include the location of the stormwater retention basin.

c) The Department of Planning, Transport and Infrastructure’s (DPTI) ‘Overlay 3 – Noise and Air Emissions’ South Australian Planning Policy Library module be included.

3. The Committee notes the following recommendation:- iii. Development adjacent the Gawler Bypass and

Jack Cooper Drive should be designed and constructed to ensure that predicted external noise levels associated with road traffic on all proposed residential allotments do not exceed 52dB(A) during the day-time (7am-10pm) and


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requests information on the implication on the change for the structure plan and principles in Attachment E.

4. Council requests information on map showing percentage of lands affected by level of 1:100 year flood level.

5. Map with DPA area denoting ownership boundaries.

11.2 Elderly Centre Management Committee Meeting – 3 August 2012

That Council note the recommendations from the Elderly Centre Management Committee meeting held on 3 August 2012, being: Item 6.1 – Equipment and Property Condition (standard agenda item included for discussion) Motion: ECMC: 2012:08:09 That each group provide a representative to assist Beth Hudman in the restocking of the kitchen with new crockery and cutlery.

11.3 Infrastructure and Environmental Services Committee Meeting –

14 August 2012 That Council endorse the recommendations from the Infrastructure and Environmental Services Committee meeting held on 14 August 2012, being: Item 9.1 – Immanuel Primary School – School Lane (CC12/497) Motion No: IES:2012:08:16 That:- 5. Council support the ongoing work by staff to investigate

options to improve traffic management on School Lane for further consideration by Council.

6. Council’s agreement to undertake further investigations does not indicate or agree that it will ultimately contribute financially to any identified upgrade.


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Item 9.2 – Gawler and District College B-12 Traffic Management (CC10/2069) Motion No. IES:2012:08:17 That Council officers approach the Department of Education and Child Development and Department of Planning, Transport and Infrastructure, Member for Light and other stakeholders, to contribute to a solution to traffic management at Gawler and District College. Item 9.3 – Town Centre Master Plan (CC12/496) Motion No. IES:2012:08:18 That:- 1. Council endorse the review of the traffic intervention

proposed at the following junctions / intersections identified in the Traffic Master Plan as part of the Infrastructure and Community Assets Project. 1.1. Calton Road/ Murray Street/ Walker Place 1.2. Murray Street/ Murray Street (South)/ Bridge Street

South 1.3. Bridge Street South/ Julian Terrace 1.4. Walker Place/ Whitelaw Terrace/ Julian Terrace

2. Council officers undertake a workshop with Elected Members to discuss further streetscape priorities of the Town Centre Master Plan Precinct.

3. Funding for the project be referred to the first budget review for the 2012/13.

Motions Without Notice Motion No. IES:2012:08:20 That at the next appropriate Council workshop, an agenda item be included which relates to the possible future interaction between Council and business owners to foster the beautification of the streetscape. Motion No. IES:2012:08:21 That the relevant State authorities be notified that Council wishes the road adjacent Gawler High School be known as Barnet Road and not Barnet Street.


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16. Confidential Reports Item Number 16.1 Title CHIEF EXECUTIVE OFFICER RECRUITMENT

PROCESS Date 28 August 2012

Author(s) Chief Executive Officer (Stephen Kerrigan)

File CC12/309

Previous Reference/ Motion Council 26/06/2012, Motion 2012:06:149 PMP 03/07/2012, Motion PMP:2012:07:014 Council 24/07/2012, Motion No: 2012:07:206 Council 14/08/2012, motions 2012:08:227-229

In accordance with the authority delegated to the Chief Executive Officer by the Council – pursuant to provisions of Section 44 of the Local Government Act, 1999 – the Chief Executive Officer has determined that this item is to remain confidential until the Council resolves how this item is to be classified.

Until the negotiations regarding the Chief Executive Officer’s recruitment and employment arrangements are finalised, it is considered appropriate to keep the internal and working documents and the discussions confidential. A further written report will be considered by Members at the Meeting after the following recommendation is carried. OFFICER’S RECOMMENDATION Item 16.1 – Chief Executive Officer Recruitment Process (CC12/309) That:- 1. Until the negotiations regarding the Chief Executive Officer’s recruitment

and employment arrangements are finalised, it is considered appropriate to keep the internal and working documents and the discussions confidential.

2. Under the provisions of Section 90(2) of the Local Government Act, 1999, an order be made that the public be excluded from attendance at the Meeting excepting John Coombe from John Coombe Consulting, the Executive Assistant and Minute Taker in order to consider Item 16.1 in confidence, under the provisions of Section 90(3)(a) and (k) of the Act regarding information relating to: (a) information the disclosure of which would involve the

unreasonable disclosure of information concerning the personal affairs of any person (living or dead);

(k) tenders for the supply of goods, the provision of services or the carrying out of works;

3. 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 or discussion confidential.


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Item Number 16.2 Title CHIEF EXECUTIVE OFFICER – LEAVE

ENTITLEMENT Date 28 August 2012

Author(s) Chief Executive Officer (Stephen Kerrigan)

File PER/94

Previous Reference/ Motion Council 14/08/2012, Motion 2012:08:231

In accordance with the authority delegated to the Chief Executive Officer by the Council – pursuant to provisions of Section 44 of the Local Government Act, 1999 – the Chief Executive Officer has determined that this item is to remain confidential until the Council resolves how this item is to be classified.

This matter was discussed, in confidence, by Council on 14 August 2012 and the Mayor was asked to report back to Council. As this relates to the personal affairs and employment arrangements of the Chief Executive Officer, it is considered appropriate to keep the internal documents and the discussions confidential. The issue will be considered by Members at the Meeting after the following recommendation is carried. OFFICER’S RECOMMENDATION Item 16.2 – Chief Executive Officer – Leave Entitlement (PER/94) That:-

1. As the leave entitlement of the Chief Executive Officer is to be discussed, it is considered appropriate to keep the discussions confidential.

2. Under the provisions of Section 90(2) of the Local Government Act, 1999, an order be made that the public be excluded from attendance at the Meeting excepting the Chief Executive Officer, Executive Assistant and Minute Taker and John Coombe from John Coombe Consulting in order to consider Item 16.2 in confidence, under the provisions of Section 90(3)(a) of the Act regarding information relating to:

(a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead);

3. 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 or discussion confidential.

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