unconfirmed council minutes - rural city of murray bridge november 20… · 302. motions on notice...

Unconfirmed

COUNCIL MINUTES

PROCEEDINGS OF COUNCIL 26 November, 2012

Council Monday 26 November, 2012

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Contents

MINUTES INDEX - 26 NOVEMBER, 2012

294. CIVIC PRAYER ...................................................................................................... 4

295. RECOGNITION OF CONTRIBUTORS TO OUR COMMUNITY ................................ 4

296. APOLOGIES .......................................................................................................... 4

297. MAYORAL COMMUNICATIONS .......................................................................... 5

298. CONFIRMATION OF MINUTES ............................................................................. 6

299. CONFLICT OF INTEREST DECLARATIONS ............................................................. 7

300. DEPUTATIONS ....................................................................................................... 8

301. ELECTED MEMBER COMMUNICATIONS .............................................................. 9 301.1 CR ENGLAND .............................................................................................................. 9

302. MOTIONS ON NOTICE ....................................................................................... 11 302.1 CR ENGLAND - FINANCIAL STRATEGIES ................................................................ 11

303. OFFICE OF CHIEF EXECUTIVE REPORTS ............................................................. 12 303.1 CEO ACTIVITIES ......................................................................................................... 12

303.2 RDA MURRAYLANDS RIVERLAND FUNDING AGREEMENT .................................. 14

303.3 CONSTITUTIONAL RECOGNITION FOR LOCAL GOVERNMENT .......................... 31

304. CORPORATE AND COMMUNITY SERVICES DIVISION REPORTS ...................... 36 304.1 REPORT ON FINANCIAL RESULTS 2011/12 ............................................................. 36

304.2 MONTHLY BUDGET REPORT - OCTOBER 2012 ...................................................... 45

305. SUSTAINABLE DEVELOPMENT DIVISION REPORTS ............................................ 49

306. REPORTS FROM S41 COMMITTEES ..................................................................... 50

307. REPORTS FROM COUNCIL SUBSIDIARIES .......................................................... 51

308. QUESTIONS ON NOTICE .................................................................................... 52

309. QUESTIONS WITHOUT NOTICE ........................................................................... 53


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310. URGENT BUSINESS APPROVED BY MAYOR ....................................................... 54

311. CONFIDENTIAL ITEMS ........................................................................................ 55 311.1 REIMBURSEMENT OF WATER CHARGES INCURRED BY COPDALE PTY LTD

(RIVERGLEN MARINA) FOR TEMPORARY WATER ALLOCATIONS BETWEEN 2003-08 ...................................................................................................................... 56


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Minutes of the Meeting of Council held in the Council Chamber, Local Government Centre 2 Seventh Street, Murray Bridge, on Monday 26 November, 2012, commencing at 7.00pm. PRESENT Acting Mayor, Cr Barry Laubsch

Cr Bob England Cr Clem Schubert Cr Sharon Secker Cr Keith Simmons Cr Theo Weinmann Cr Jerry Wilson

IN ATTENDANCE Mr Peter Bond, Chief Executive Officer Ms Julie Campbell, Executive Manager Corporate and Community Services Ms Ros Kruger, Minute Taker

294. CIVIC PRAYER

Almighty God, we humbly beseech Thee to grant thy blessing upon the work of this Council. Direct and prosper its deliberations to the advancement of Thy Glory, and the true welfare of the People of this District. Amen.

295. RECOGNITION OF CONTRIBUTORS TO OUR COMMUNITY

We acknowledge the Ngarrindjeri people as the traditional owners of this land on which we meet and work. We respect and acknowledge their spiritual connection as the custodians of this land and that their cultural heritage beliefs are still important to the living people today. We recognise the living culture and combined energies of the Ngarrindjeri people, our global Pioneers and Community Members today for their unique contribution to the life of our Region.

296. APOLOGIES

Mayor Allan Arbon, OAM Cr June Phillips


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297. MAYORAL COMMUNICATIONS 297.1 Ma

yoral Communications

7 November Senior Citizens 50 Birthday Celebrations Attendance at Government House to meet their Royal Highnesses the Prince

of Wales and the Duchess of Cornwall as Her Majesty the Queen’s personal representatives in the Diamond Jubilee Year

8 November Meeting with Minister Gago, CEO and representatives from Burke Urban Onsite meeting with CEO and CE RDA at Australian Portable Camps 9 November MMLGA Region Priority Setting Day Just Too Deadly Awards, Murray Bridge Town Hall 10 November Years of Farmers Dinner 11 November Remembrance Day Service, Murray Bridge Soldiers’ Memorial Hospital 12 November Meeting Mark Goldsworthy MP and residents from Callington regarding

waste water treatment plant Special Council meeting 13 November Meeting with Jeff Tate and CEO regarding CEO Performance Review Monarto Enterprise Zone Projects Group Meeting 14-16 November National Roads Conference, Hobart 19 November Special Council meeting CEO Performance Review workshop 20 November Volunteers Christmas Party Candidate Briefing (Monarto Supplementary Ward election) 21 November MEE Business Breakfast Census briefing Murray Bridge High School Cocktail Party Recommendation That item number 297.1 on Council agenda of 26 November 2012 be received and noted.

Cr Secker moved That the recommendation be adopted – namely, That item number 297.1 on Council agenda of 26 November 2012 be received and noted.

Seconded by Cr Wilson and CARRIED


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298. CONFIRMATION OF MINUTES

Recommendation: That the minutes of the Meeting of Council held on the 5 November, 2012, the Special Meeting of Council held on the 12 November, 2012, the Special Meeting of Council held on the 19 November, 2012 5.30 pm and the Special Meeting of Council held on the 19 November, 2012 at 6.45 pm as circulated to Members, be taken as read.

Cr Weinmann moved That the recommendation be adopted – namely, That the minutes of the Meeting of Council held on the 5 November, 2012, the Special Meeting of Council held on the 12 November, 2012, the Special Meeting of Council held on the 19 November, 2012 at 5.30 pm and the Special Meeting of Council held on the 19 November, 2012 at 6.45 pm as circulated to Members, be taken as read.

Seconded by Cr England and CARRIED


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299. CONFLICT OF INTEREST DECLARATIONS

In line with Section 74 of the Local Government Act,1999 (1) A member of a council who has an interest in a matter before the Council must

disclose the interest to the council. (2) A member in making a disclosure under subsection (1) must provide full and

accurate details of the relevant interest. (3) A disclosure made under subsection (1) must be recorded in the minutes of the

council (including details of the relevant interest).

Members to advise of any Conflict of Interest Declarations

303.2 RDA MURRAYLANDS RIVERLAND FUNDING AGREEMENT Cr Wilson and Cr Laubsch are appointed members of the RDA Murraylands/Riverland but receive no financial benefit


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300. DEPUTATIONS

In line with Council policy G15 Deputations to Council, if a decision is required, a report will be presented to the next meeting of Council to allow Council to make a determination. Deputations will be allocated up to 10 minutes to present their case to Council followed by questions from Elected Members.

Nil


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301. ELECTED MEMBER COMMUNICATIONS 301.1 CR ENGLAND

301.1 CR ENGLAND 6th Oct Bridge Players ‘Little Shop of Horrors’ 9th Oct Imagine Historic and Arts Committee 10thOct Special Council Meeting 12thOct Library Garden Party MB Library guest speaker David Bell 15th Oct RCMB Meeting 16th Oct Lavender Federation Trail meeting at Truro 17th Oct MB Gold Cup 18th Oct Matinee Series ‘A Night with Flying Horses’ Youth Art Presentations at The Station 19th Oct Orana Networking meeting with Minister Wortley in Adelaide 21st Oct Regional Gallery launch of Franz Kempf exhibition 22nd Oct Wharf Hill consultation with Simon Bradley 24th Oct Provincial Cities meeting Glenelg Special Council meeting and SA Water briefing Christian Reserve Management meeting 25th Oct Local Government Association Conference 26th Oct LGA AGM 28th Oct Pink Lady Dragon Boat launch River Glen 29th Oct Burke Urban briefing and Special Council meeting 1st Nov Small Wins entrance ‘Imagine’ wall project meeting 2nd Nov MDA Working Party meeting at LG Mannum 4th Nov Mens Shed Auction Miniature Masterpieces Metropolitan Small Orchestra 5th Nov RCMB Mypolonga School briefing and Council meeting 7th Nov Joint meeting between RCMB and Mt Barker District Council 8th Nov SA Water Waste Water Treatment update 12th Nov Council District tour including Ferries McDonald project visit 14th Nov Residents on site briefing at Woods Point 16th Nov Site visit to Alana waste water treatment plant at Tea Tree Gully Ngoppon Together AGM at Ninkowar Sturt Reserve 17th Nov Murray Bridge Christmas Pageant 19th Nov DAP meeting Town Hall RCMB Special meetings 20th Nov Volunteers Christmas celebration 21st Nov MEE Breakfast presentation on Mens Shed MBHS Centenary launch cocktail party 22nd Nov Matinee Series; Adelaide Village Band 23rd Nov LGA Workshop; Code of Conduct 24th Nov Relay for Life 26th Nov DAP meeting White Ribbon Day at Edwards Square RCMB Representation Review and council Meeting Recommendation That item number 301.1 on Council agenda of 26 November 2012 be received and noted.


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Cr Simmons moved That item number 301.1 on Council agenda of 26 November 2012 be received and noted.

Seconded by Cr Weinmann and CARRIED


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302. MOTIONS ON NOTICE Motions on Notice 302.1 CR ENGLAND - FINANCIAL STRATEGIES

302.1 CR ENGLAND - FINANCIAL STRATEGIES Author Cr Bob England

I, Councillor Cr Bob England having complied with the requirements of Regulation 13 of the Local Government (Procedures at Meetings) Regulations 2000, hereby give Notice of the following motion to be submitted at the meeting of the Council of the Rural City of Murray Bridge to be held on 26 November, 2012 at 7 pm, I move that: That Council reaffirms its Budget strategies developed for the 2012-2013 financial year and the services and programs identified. In doing so it has confidence in adopted forward planning proposals to address the current challenges and in doing so acknowledge the need as a Council to prioritise the preparation of a credible Asset Management Plan and Long Term Financial Strategy. Cr England moved That Council reaffirms its Budget strategies developed for the 2012-2013 financial year and the services and programs identified. In doing so it has confidence in adopted forward planning proposals including rolling budget reporting to address the current challenges and in doing so acknowledge the need as a Council to prioritise the preparation of a credible Asset Management Plan and Long Term Financial Strategy.

Seconded by Cr Secker and CARRIED


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303. OFFICE OF CHIEF EXECUTIVE REPORTS Office of Chief Executive Reports 303.1 CEO ACTIVITIES

303.1 CEO ACTIVITIES Author Peter Bond

Legislative () Corporate (x) Other () 7 November Visit to Council depot Meeting with General Manager Infrastructure and Environment 2012 OHSW KPI Audit opening meeting Discussions regarding customer service delivery Senior Citizens 50th birthday celebrations Joint meeting between Rural City of Murray Bridge and District Council of

Mount Barker – Murray Bridge/Mount Barker Economic Corridor 8 November Meeting with Minister Gago, Mayor and representatives from Burke Urban Onsite meeting with Mayor, CE RDA at Australian Portable Camps Meeting with representative of Greyhound Racing Australia 9 November MMLGA Region’s Priority Setting Day 2012 OHSW KPI Audit close meeting 12 November Meeting with Mark Goldsworthy MP and residents from Callington

regarding waste water treatment plant Council tour and briefing Special Council meeting 13 November Meeting with Jeff Tate and CEO regarding CEO Performance Review Monarto Enterprise Zone Projects Group meeting Meeting with Robert Debelle, Brenton Lewis regarding potential digital hub 14 November Media interview – The Station Meeting with Executive Manager Community & Corporate Services Interview for General Manager Sustainable Communities Follow up interview for General Manager Corporate Services Ambassadors Function 15 November Leadership Team meeting Adelaide Hills Regional Waste Management Authority meeting 16 November Local Government Golf Day 19 November DAP meeting Special Council meeting CEO Performance Review workshop 20 November ELT meeting Meeting with Sherryn Jeffries (Waterford Estate) and Mark Goedecke

regarding development Volunteers Christmas Party Candidate Briefing (Monarto Supplementary ward election) 21 November MEE Business Breakfast Census Information Session Murray Bridge High School Cocktail Party 22 November Leadership Team meeting Depot meeting 23 November Staff meeting and farewell to Nancy Smith (VIC) 26 November Gifford Hill working party and Stormwater Reuse Scheme Working Session Meeting with Ombudsman Council briefing Council meeting


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Strategic Plan Goal 4 - Organisation 4.1 - Provide effective and accountable leadership and teamwork throughout the organisation

Recommendation 1. That item number 303.1 on Council agenda of 26 November 2012 be received and

noted. Attachments AtAttachments

tachments

Attachments Nil Cr Secker moved That item number 303.1 on Council agenda of 26 November 2012 be received and noted.

Seconded by Cr Schubert and CARRIED


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303.2 RDA MURRAYLANDS RIVERLAND FUNDING AGREEMENT

303.2 RDA MURRAYLANDS RIVERLAND FUNDING AGREEMENT Author Peter Bond

Legislative () Corporate (X) Other ()

Purpose To consider Council’s future funding partnership with Regional Development Australia Murraylands and Riverland (RDA. A copy of correspondence from the RDA is attached.

Background Council’s previous agreement for funding to the (RDAMR) has been in the vicinity of $86,000 per annum. A copy of the report from 20 March 2010 (item 1110.3.3) is attached as background information. The RDA Murraylands and Riverland have a range of regional priorities that in many areas overlap Council’s own priorities. These are cited in the RDA’s Roadmap and include:

Sustainable Environmental Management Climate variability has been a reality as demonstrated in the recent drought. Such climatic variability has the potential to create economic uncertainty. The Murray Darling Basin Plan will have a significant impact on the regional economy and in anticipation of the expected outcomes of that plan, a range of opportunities are being explored to improve environmental sustainability and diversify the economy. Innovation in food and beverage production Economic diversification has already created new industries in food and beverage manufacturing and establishment of new horticulture industries in dry land areas using artesian water. The State Government has identified the need for the food industry to collaborate to distribute and export and build infrastructure, manage water resources more effectively and manage rising input costs. The development of a skilled workforce is critical to the success of this goal. Tourism Tourism is an important industry across the region, generating a direct spend of $197m per annum. An undersupply of appropriate serviced accommodation is restricting tourism growth in the region despite world class tourist destinations (e.g. Monarto Zoological Park. Additional supporting activities, hospitality and accommodation as well as a co-ordinated marketing effort are needed to build this industry. Digital economy The promise of high speed broadband has the potential to revolutionise business, education and population centres in regional Australia. The rollout of the National Broadband Network can address these issues, as well as providing improved health services, greater choice of education and employment, and attracting new populations of tree changers and semi-retired professionals working from home. Regional Health Health services within the region are more difficult to access than in the city. At the same time, the region has higher incidents of mental illness (exacerbated by the cessation of Exceptional Circumstances payments outside of the River corridor and of the Rural Solutions Drought Counselling Service), poor Aboriginal health (the highest level of ‘years of life lost’ outside of remote South Australia), and high rates of obesity, smoking, substance abuse and psychological distress. The region has a lower


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proportion of health workers than the average for rural South Australia, and retention of health workers is an on-going issue. Transport Infrastructure Future economic growth will require efficient transport links and it is a priority to upgrade local linking freight routes to improve the efficiency of freight handling and transfer, road safety, and the level of service to the major highway links. A key future asset for the region is the proposed Monarto Intermodal, inclusive of a second outer metropolitan airport and a road/rail freight bypass.

Council has been working as a strategic partner with the RDA in most of these priority areas and with that association has provided a direction forward for sustainable outcomes for our community. These are strategically aligned, have credibility at all levels of government and with private enterprise and provides the value add that comes from our use of the RDA as our agent for economic development. Some areas of immediate benefit in that partnership that can be highlighted include;

Murraylands Education Precinct River Corridor Study Monarto Economic Corridor Water Independence Project Murraylands Tourism Partnership NBN Rollout Regional City Pilot Program

There are many other joint initiatives that have not been highlighted and it needs to be acknowledged that not all of Council’s priorities will marry up with those of the RDA given our differing allegiances. There are however significant advantages to Council in maintaining the RDA as our facilitators for economic development. Not least of which would be the avoidance to additional cost to Council of in resourcing that portfolio in-house – a concept that would fail to provide the multiplier benefits Council currently realises from our partnership with the RDA.

Proposal The RDA is seeking a funding commitment from Council to continue funding for 3 years from 1 July 2013 to align with the Federal Government Agreement. The funding level requested is the same as currently exists, fixed for 3 years indexed to CPI annually.

Legislative Requirements N/A

Council Policy N/A

Financial Implications The continued funding of RDA Murraylands and Riverland for a 3-year period effective the 1st July 2013 is proposed at $86,000 per annum. This will align with the Federal Government agreement. The funding level requested is the same as currently exists and will be fixed for 3 years indexed to CPI annually.


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Implementation Strategy

Should Council support this proposal it will be necessary to enter into a new partnership agreement with the RDA from 1st July 2013.

Communication Strategy N/A Strategic Plan Goal 4 - Organisation 4.4 - Develop a sustainable organisation

Recommendation 1. That item number 303.2 on Council agenda of 26 November 2012 be received and that

Council support the continuation of the funding agreement with Regional Development Australia Murraylands and Riverland for a 3-year period effective the 1st July 2013 at $86,000 per annum, indexed to CPI.

2. That a new partnership agreement with the RDA Murraylands and Riverland be formulated.

Attachments

Attachments

1. RDA Murraylands Riverland Funding Request Attachment 2. Council report 29 March 2012 - previous funding arrangement Attachment Cr England moved 1. That item number 303.2 on Council agenda of 26 November 2012 be received and that

Council support the continuation of the funding agreement with Regional Development Australia Murraylands and Riverland for a 3-year period effective the 1st July 2013 at $86,000 per annum, indexed to CPI.

2. That a new partnership agreement with the RDA Murraylands and Riverland be formulated.

Seconded by Cr Secker and CARRIED


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Attachment 1 RDA Murraylands Riverland Funding Request


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Extract from Council Minutes – 29 March 2010 1110.3.3 REGIONAL DEVELOPMENT AUSTRALIA – CORE AND NON CORE FUNDING

(SF 1704) – C*1050.1.11 – 29/11/2009 Officer: Wayne Wright.

Priority - 1 - ( ) Legislative 2 - () Corporate 3 - ( ) Other Purpose To seek Council’s endorsement of the final draft core funding agreement and determine Council’s position in relation to a request for non core funding from Regional Development Australia Murraylands and Riverland Priority - Corporate Background

On 29 June 2009, the Federal, State, and Local governments signed the Memorandum of Understanding agreeing to establish Regional Development Australia (RDA).

RDA’s build on and replace the Federal Government’s Area Consultative Committees network and SA’s Regional Development Boards (RDB’s). The new RDA’s will continue to facilitate economic development outcomes. They will:

Provide input to governments on local regional issues Deliver government programs and services Provide information to regional communities on Federal and State government initiatives Provide input into Federal and State government programs Help to coordinate regional planning and regional development initiatives Establish links and cooperative alliances as appropriate by closely working with other

regional development organisations, neighbouring RDA’s and local councils to promote regional development.

On 3 November 2009, RDA board members were jointly announced by the Federal and State governments and the Local Government Association of SA

RDA’s are incorporated bodies under the Associations Incorporation Act 1985.

Council considered its support for the creation of Regional Development Australia Murraylands and Riverland and adopted the following motion:

1. That item 1050.1.11 on Council agenda of 23 November 2009 be received.

2. To facilitate the transition to Regional Development Australia (RDA), Council agrees to the amalgamation of the Murraylands Regional Development Board to transition to Regional Development Australia – Murraylands and Riverland conditional upon the assets acquired by the Murraylands Regional Development Board being retained in the Murraylands area for the benefit of the Murraylands Councils.

3. That Council agrees to continue to fund the RDB should transition be finalised after 31 December 2009 and if funds for the RDB are necessary.

Discussion


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Core Activity Funding

On 12 March 2010 Administration received the final Funding Agreement for Regional Development Australia Murraylands and Riverland Inc (RDA) for signature – refer Appendix 1110.3.3a

The schedule attached to the agreement outlines:

The background and purpose of the agreement ; Funds provided by the Minister for the period 1 February 2010 to 30 June 2010 ($294,175); Funds provided by the Minister for the period 1 July 2010 to 30 June 2011 ($588,350); Councils’ funds for the period 1 February 2010 to 30 June 2010 ($75,325 with a RCMB

contribution of $18,074); Councils’ funds for the period 1 July 2010 to 30 June 2011 ($150,650 with a RCMB

contribution of $36,148); That Councils’ funds for each subsequent financial period from 1 July 2011 to 30 June 2013

will be a minimum of one third of the Minister’s funds toward the purpose for the relevant financial year;

Details relating to outcomes and associated key performance measures. The specific purpose of the funding agreement with RDA Murraylands and Riverland is to:

Promote and support South Australia’s Strategic Plan and the strategic plans, policies and priorities of the Government, Department of Trade and Economic Development (DTED), the Commonwealth of Australia and Councils to facilitate community economic development outcomes in the region;

Operate a shop front(s) for the business development services offered by the government to the region as required or approved by the Minister from time to time;

Provide support services to local business, the Government and Councils in the region as required or approved by the Minister from time to time; and

Achieve the outcomes consistently at a high standard to the satisfaction of the Minister. Non Core Activity Funding Four of the five Murraylands Councils have previously agreed to a non core activity funding formula at the start of the 2008 five year resource agreement with the Murraylands Regional Development Board (RDB). The Rural City of Murray Bridge did not commit to that funding arrangement but did agree to consider non core activity funding on an annual basis. A request has now been received from the new Chief Executive of RDA Murraylands and Riverland for non core activity funding for 2010-2011 – refer Appendix 1110.3.3b A $50,000 contribution was sought by the Murraylands RDB in 2009-2010 for non core activity funding with the RCMB deciding to contribute $30,000. Council is now being asked to consider what contribution it will to make in 2010-2011 for non core activity funding to RDA Murraylands and Riverland. Council has the following non core activity contribution options: 1. No contribution for non core activity funding 2. $50,000 contribution in accordance with the initial amount requested for 2009-2010 3. $30,000 contribution in accordance with the amount committed for 2009-2010 4. Any other amount as determined by Council Recommendation

1. That Item 1110.3.3 on Council agenda of 29 March 2010 be received.


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2. The Mayor and Chief Executive officer be authorised to sign and affix the Council Seal to the documentation.

3. Council determine a suitable level of contribution toward non core funding activities for 2010-2011.

Cr Nutt moved

1. That Item 1110.3.3 on Council agenda of 29 March 2010 be received.

2. The Mayor and Chief Executive officer be authorised to sign and affix the Council Seal to the documentation.

3. Council grant $50,000 for non core funding for 2010-2011 to Regional Development Australia Murraylands.

Seconded by Cr Wilson and CARRIED


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Appendix 1110.3.3 b


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303.3 CONSTITUTIONAL RECOGNITION FOR LOCAL GOVERNMEN

303.3 CONSTITUTIONAL RECOGNITION FOR LOCAL GOVERNMENT Author Peter Bond

T

Legislative () Corporate () Other ()

Purpose To reaffirm Council’s position regarding financial recognition of Local Government in the Australian Constitution.

Background Council at its meeting on the 21 March 2012 (item 97.2) declared its support for financial recognition of Local Government in the Australian Constitution so that the Federal Government has the power to fund Local Government directly and also for inclusion of Local Government in any new preamble to the Constitution if one is proposed, and calls on all political parties to support a referendum by 2013 to change the Constitution to achieve the recognition. Council at its meeting on the 30 January 2012 (item 15.2) supported a financial contribution of $2516.40 in 2011/2012 and that funding for subsequent years for included in budget papers and discussed at the appropriate time. Funding of $4191 has been included in the 2012/2013 budget.

Proposal Updated information has been received from the Australian Local Government Association and is attached for the information of Members. A joint Parliamentary Committee has been established by the Federal Parliament to look at the Expert Panel into the constitutional recognition of Local Government. Last year the Expert Panel recommended to the Government that a referendum on financial recognition of local government was a viable option. The ALGA recommends that Councils consider providing support as follows:

Reinforcing Council support to financial recognition in the Australian Constitution. Reinforcing Council support to the Federal Government having the power to be able

to provide funding directly to local government where this is in the national interest. Reinforcing that Council needs certainty of funding so that programs like Roads to

Recovery can continue. Reinforcing that Council supports an amended to Section 96 of the Constitution so

that it would read: “Parliament may grant financial assistance to any state or local government formed by or under a law of a state or territory.”

Reinforcing that bi-partisan support is an essential precondition if a referendum is to have the best chance of success.

Reinforcing that Council supports the referendum being held at a time which maximises its chance of success.

Reinforcing Councils support to a publicly funded national education and awareness campaign to inform the public before the referendum as an informed voter is more likely to cast an informed vote, which is based on facts rather than information.

Legislative Requirements Section 96 Constitution


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Council Policy N/A

Financial Implications 2012/2013 budget allocation to support LGA campaign - $4191

Implementation Strategy Following Council’s decision, a submission be made to the Joint Parliamentary Committee into constitutional recognition of Local Government.

Communication Strategy Following Council’s decision, Mayor Arbon release a media statement. Strategic Plan Goal 4 - Organisation 4.4 - Develop a sustainable organisation

Recommendation 1. That item number 303.3 on Council agenda of 26 November 2012 be received. 2. That Council provide a submission to the Joint Parliamentary Committee into

constitutional recognition of Local Government as follows: The Rural City of Murray Bridge reaffirms its support for the financial recognition of

Local Government in the Australian Constitution. The Rural City of Murray Bridge supports the Federal Government having the power

to be able to provide funding directly to local government where this is in the national interest.

The Rural City of Murray Bridge needs certainty of funding so that programs like Roads to Recovery can continue.

The Rural City of Murray Bridge supports an amended to Section 96 of the Constitution so that it would read: “Parliament may grant financial assistance to any state or local government formed by or under a law of a state or territory.”

The Rural City of Murray Bridge believes bi-partisan support is an essential precondition if a referendum is to have the best chance of success.

The Rural City of Murray Bridge supports the referendum being held at a time which maximises its chance of success.

The Rural City of Murray Bridge supports a publicly funded national education and awareness campaign to inform the public before the referendum as an informed voter is more likely to cast an informed vote, which is based on facts rather than information.

3. That Mayor Arbon release an appropriate media release confirming Council’s position. Attachments

Attachments

1. ALGA Australian Constitution Attachment Cr England moved 1. That item number 303.3 on Council agenda of 26 November 2012 be received. 2. That Council provide a submission to the Joint Parliamentary Committee into


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constitutional recognition of Local Government as follows: The Rural City of Murray Bridge reaffirms its support for the financial recognition of

Local Government in the Australian Constitution. The Rural City of Murray Bridge supports the Federal Government having the power

to be able to provide funding directly to local government where this is in the national interest.

The Rural City of Murray Bridge needs certainty of funding so that programs like Roads to Recovery can continue.

The Rural City of Murray Bridge supports an amended to Section 96 of the Constitution so that it would read: “Parliament may grant financial assistance to any state or local government formed by or under a law of a state or territory.”

The Rural City of Murray Bridge believes bi-partisan support is an essential precondition if a referendum is to have the best chance of success.

The Rural City of Murray Bridge supports the referendum being held at a time which maximises its chance of success.

The Rural City of Murray Bridge supports a publicly funded national education and awareness campaign to inform the public before the referendum as an informed voter is more likely to cast an informed vote, which is based on facts rather than information.

3. That Mayor Arbon release an appropriate media release confirming Council’s position.

Seconded by Cr Wilson and CARRIED UNANIMOUSLY


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Attachment 1 ALGA Austrailan Constitution


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Attachment 1 ALGA Austrailan Constitution


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304. CORPORATE AND COMMUNITY SERVICES DIVISION REPORTS Corporate and Community Services Division Reports 304.1 REPORT ON FINANCIAL RESULTS 2011/12

304.1 REPORT ON FINANCIAL RESULTS 2011/12 Author Damien Jenkins


Purpose The purpose of this report is for Council to consider the audited financial results compared with the estimated financial results set out in the Annual Business Plan and Budget.

Background The Annual Financial Statements for the year ending 30 June 2012, together with the auditor’s report, were formally presented to Council on 5 November 2012 (Council Minute 272.2). Pursuant to Regulation 10 of the Local Government (Financial Management) Regulations 2011, Council must consider a report showing the audited financial results for the previous financial year (2011/12) compared with the estimated financial results set out in the budget presented in a manner consistent with the Model Financial Statements. The actual results in this report are compared to the original budget adopted by Council on 8 August 2011 (Council Minute 210.2). The following financial reports are included as appendices:

1. Statement of Comprehensive Income 2. Balance Sheet 3. Statement of Changes in Equity 4. Statement of Cash Flows 5. Uniform Presentation of Finances

Whilst there are a number of variances between actual and budgeted results, the major variances in the four primary financial statements are summarised below. Statement of Comprehensive Income The Statement of Comprehensive shows an operating deficit of $1.89 million compared to an original budgeted deficit of $2.02 million, which reports a positive result against original budget of $125,000. Total income for the year was $29.76 million compared to the original budget of $28.01 million, which results in a favourable variance of $1.75 million. This is mainly attributable to Council receiving the first two instalments of the 2012/13 Financial Assistance Grant in June 2012, as these payments are recognised as income upon receipt. During the year Council received free of charge the shell for the new library at Murray Bridge. The value of the shell was $2.06 million and this amount was recognised as physical resources received free of charge (non-cash income). This income was not included in the original budget. The graph below illustrates actual income compared with the original budget for each income type as reported in the Statement of Comprehensive Income.


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Total expenses for the year were $31.65 million compared to the original budget of $30.03 million, which results in an unfavourable variance of $1.62 million. Materials, contracts and other expenses were more than budget by $690,000. This is mainly attributable to:

Legal costs to manage leases and agreements and other professional legal advice; Software licences; and Capitalised costs were lower than forecast.

Depreciation expense for the year was $6.56 million compared to a budget of $5.56 million, resulting in a budget overrun of $1 million. The increase in deprecation mainly relates to infrastructure assets (roads, kerb and gutter, footpaths). New assets were acquired over the past 2 years and when these assets are available for use they must be depreciated at the appropriate depreciation rate. The graph below illustrates actual expenditure compared with the original budget for each expense type as reported in the Statement of Comprehensive Income.


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Balance Sheet The Balance Sheet shows net assets of $127.27 million compared with an original budget of $118.4 million, which is favourable against budget by $8.87 million. Total assets were $7.09 million above the budgeted level. The cash and cash equivalents balance at year end was $2.28 million above forecasted levels mainly due to the first two instalments of the 2012/13 Financial Assistance Grant being paid in advance and expenditure on new/upgraded assets being lower than originally forecast. There was a large variance relating to non-current assets of $5.16 million. The budgeted position of Council’s infrastructure, property plant & equipment and work in progress assets (WIP) was well below our actual position and the current year’s budget will need to be updated to reflect current levels of assets. Total liabilities at year end were $16.99 million compared to a budget of $18.99 million, which results in a favourable variance of $1.79 million. Outstanding borrowings at year end were $11.46 million compared to a forecasted level of $14.84 million, which is a favourable budget variance of $3.38 million. Council repaid $1.1 million in debt and did not borrow any of the $3.5 million in borrowings included in the original budget. Statement of Cash Flows The Statement of Cash Flows shows a total cash balance at year end of $4.76 million compared with an original forecast of $2.48 million, which is an increase of $2.28 million. Net cash provided by operating activities was above budget by $2.9 million with the first two instalments of the 2012/13 Financial Assistance Grant received in advance being the main driver for the improved result against budget. Net cash used in investing activities was lower than forecast by $2.75 million with less being


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spent on new/upgrading assets than originally forecast. Statement of Changes in Equity The Statement of Changes in Equity shows the overall change for the year of Council’s net wealth. Total equity at year end was $127.27 million compared to a forecasted level of $118.4 million. This is an improved result on original forecasts by $8.87 million. The large variance in equity is mainly attributable to the variance in the value of fixed assets as reported in the Balance Sheet.

Proposal That Council note the financial results against the original budget for the 2011/12 financial year.

Legislative Requirements Regulation 10 of the Local Government (Financial Management) Regulations 2011.

Council Policy Not applicable

Financial Implications Not applicable

Implementation Strategy Not applicable

Communication Strategy This report will be a public document through the Council minutes and available on the Council’s website www.murraybridge.sa.gov.au or at the Local Government Centre located 2 Seventh St, Murray Bridge. Strategic Plan Goal 4 - Organisation 4.4 - Develop a sustainable organisation


noted. Attachments

Attachments

1. Budget v Actual 2011-2012 Attachment Cr Secker moved 1. That item number 304.1 on Council agenda of 26 November 2012 be received and

noted. Seconded by Cr Weinmann and CARRIED


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Attachment 1 Budget v Actual 2011-2012


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304.2 MONTHLY BUDGET REPORT - OCTOBER 2012

304.2 MONTHLY BUDGET REPORT - OCTOBER 2012 Author Damien Jenkins


Purpose The purpose of the report is to provide Council with year to date progress of the 2012/13 annual budget.

Background The motion carried at Council meeting on 5 November at Item 271.6(8) was: “That Council receive a monthly balance sheet and operating report to future Council meetings.” The following financial reports are included as appendices:

1. Statement of Comprehensive Income 2. Balance Sheet

The information presented in these financial reports sets out the annual budget for 2012/13 and is provided to update Council on the progress against budget at the end of October 2012. The reports compare year to date (YTD) actuals at the end of October 2012 against the annual budget (i.e. not YTD budget). There are large variances reported between YTD actuals and the annual budget and as the year progresses these variations will reduce.

Proposal That Council note the progress against the 2012/13 annual budget at the end of October 2012.

Legislative Requirements Not applicable

Council Policy Not applicable

Financial Implications Not applicable

Implementation Strategy Not applicable

Communication Strategy This report will be a public document through the Council minutes and available on the Council’s website www.murraybridge.sa.gov.au or at the Local Government Centre located 2 Seventh St, Murray Bridge. Strategic Plan Goal 4 - Organisation 4.4 - Develop a sustainable organisation


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noted. Attachments

Attachments

1. Appendix 1 - Monthly Budget Review - October 2012 Attachment Cr Weinmann moved 1. That item number 304.2 on Council agenda of 26 November 2012 be received and

notes that the monthly reporting on the balance sheet is not required. Seconded by Cr Wilson and CARRIED


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Attachment 1 Appendix 1 - Monthly Budget Review - October 2012


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Attachment 1 Appendix 1 - Monthly Budget Review - October 2012


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305. SUSTAINABLE DEVELOPMENT DIVISION REPORTS Nil


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306. REPORTS FROM S41 COMMITTEES Nil


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307. REPORTS FROM COUNCIL SUBSIDIARIES Nil


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308. QUESTIONS ON NOTICE Regulation 10 of the Local Government (Procedures at Meetings) Regulations 2000 - Questions (1) A member may ask a question on notice by giving the chief executive officer written notice of the question

at least five clear days before the date of the meeting at which the question is to be asked. (2)If notice of a question is given under subregulation (1)—

(a) the chief executive officer must ensure that the question is placed on the agenda for the meeting at which the question is to be asked; and

(b) the question and the reply must be entered in the minutes of the relevant meeting. Nil


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309. QUESTIONS WITHOUT NOTICE Regulation 10 of the Local Government (Procedures at Meetings) Regulations 2000 – Questions (3) A member may ask a question without notice at a meeting. (4) The presiding member may allow the reply to a question without notice to be given at the next meeting. (5) A question without notice and the reply will not be entered in the minutes of the relevant meeting unless

the members (6) The presiding member may rule that a question with or without notice not be answered if the presiding

member considers that the question is vague, irrelevant, insulting or improper Nil


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310. URGENT BUSINESS APPROVED BY MAYOR Nil


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311. CONFIDENTIAL ITEMS

Section 83(5) of the Local Government Act states that the Chief Executive Officer may indicate on a document or report provided to members of the council under subsection (4) (or on a separate notice) any information or matter contained in or arising from a document or report that may, if the council so determines, be considered in confidence under Part 3, provided that the Chief Executive Officer at the same time specifies the basis on which an order could be made under that Part.


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Confidential Reports

311.1 CONFIDENTIAL ITEM - REIMBURSEMENT OF WATER CHARGES INCURRED BY COPDALE PTY LTD (RIVERGLEN MARINA) FOR TEMPORARY WATER ALLOCATIONS BETWEEN 2003-08

Recommendation to exclude the public

That:

Pursuant to Section 90(2) of the Local Government Act 1999 the Council orders that all persons, except (Mr Peter Bond, Chief Executive Officer; Ms Julie Campbell Executive Manager Corporate and Community Services; Mr Malcolm Downie, Manager Contracts and Property and Ms Ros Kruger, Minute Secretary) be excluded from attendance at the meeting held on 26 November 2012 for agenda item 311.1 REIMBURSEMENT OF WATER CHARGES INCURRED BY COPDALE PTY LTD (RIVERGLEN MARINA) FOR TEMPORARY WATER ALLOCATIONS BETWEEN 2003-08.

This Council is satisfied that pursuant to Section 90(3)(a) of the Local Government Act 1999, the information to be received, discussed or considered in relation to agenda item 311.1 is information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead) being Copdale Pty Ltd because of water charges incurred.

The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances because of financial affairs between Council and Copdale Pty Ltd.

311.1 Recommendation to Exclude the public

Cr Secker moved That the recommendation be adopted – namely,

That:

Pursuant to Section 90(2) of the Local Government Act 1999 the Council orders that all persons, except (Mr Peter Bond, Chief Executive Officer; Ms Julie Campbell Executive Manager Corporate and Community Services; Mr Malcolm Downie, Manager Contracts and Property and Ms Ros Kruger, Minute Secretary) be excluded from attendance at the meeting held on 26 November 2012 for agenda item 311.1 REIMBURSEMENT OF WATER CHARGES INCURRED BY COPDALE PTY LTD (RIVERGLEN MARINA) FOR TEMPORARY WATER ALLOCATIONS BETWEEN 2003-08.

This Council is satisfied that pursuant to Section 90(3)(a) of the Local Government Act 1999, the information to be received, discussed or considered in relation to agenda item 311.1 is information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead) being Copdale Pty Ltd because of water charges incurred.

The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances because of financial affairs between Council and Copdale Pty Ltd.

Seconded by Cr Simmons and CARRIED


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311.1 Reimbursement of water charges incurred by Copdale Pty Ltd (Riverglen Marina) for temporary water allocations between 2003-08

Recommendation to retain items in confidence

That:

Having considered agenda item 311.1 Reimbursement of water charges incurred by Copdale Pty Ltd (Riverglen Marina) for temporary water allocations between 2003-08 in confidence under Section 90(2) and Section 90(3) of the Local Government Act 1999, the Council, pursuant to Section 91(7) of that Act orders that the documents and/or minutes related to agenda item 311.1 be retained in confidence until a resolution has been achieved and that this order be reviewed every 12 months in duration or such lesser period as may be determined by the Chief Executive Officer.

311.1 Recommendation to retain items in confidence

Cr Wilson moved

That:

Having considered agenda item 311.1 Reimbursement of water charges incurred by Copdale Pty Ltd (Riverglen Marina) for temporary water allocations between 2003-08 in confidence under Section 90(2) and Section 90(3) of the Local Government Act 1999, the Council, pursuant to Section 91(7) of that Act orders that the documents and/or minutes related to agenda item 311.1 be retained in confidence until a resolution has been achieved and that this order be reviewed every 12 months in duration or such lesser period as may be determined by the Chief Executive Officer.

Seconded by Cr Simmons and CARRIED Meeting closed at 8.03 pm Minutes taken as read and confirmed this day of 2012.

…………………………………………… MAYOR

unconfirmed council minutes - rural city of murray bridge november 20… · 302. motions on notice...

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