notice of ordinary meeting of council · 6/10/2014 · during the presentation and before...

THE ORDINARY MEETING OF THE DISTRICT COUNCIL OF MALLALA WILL BE HELD IN THE COUNCIL CHAMBERS, REDBANKS ROAD, MALLALA ON TUESDAY 10 JUNE 2014, COMMENCING AT 6:00PM

........................................... Charles Mansueto CHIEF EXECUTIVE OFFICER

AGENDA 1. ATTENDANCE 1.1 Present 1.2 Councillors Apologies 1.3 Councillors Absent

2. CONFIRMATION OF MINUTES 2.1 Council Meeting held on Monday 26 May 2014 (MB Folios 12770 to 12777,

inclusive)

3. BUSINESS ARISING 3.1

4. DECLARATION OF MEMBERS’ INTEREST 4.1

5. OPEN FORUM 5.1 Speakers

6. BRIEFINGS 6.1 Consideration of the Draft Annual Business Plan & Budget 2014/2015 – Verbal

submissions for a minimum of one hour commencing at 7.00pm

7. MINUTES AND/OR RECOMMENDATIONS 7.1 Facilities and Infrastructure Advisory Committee 7.1.1 Nil 7.2 Environmental Management Advisory Committee 7.2.1 Nil 7.3 Animal Management Plan Advisory Committee 7.3.1 Nil 7.4 Planning and Development Policy Committee (new) 7.4.1 Nil 8. QUESTIONS WHICH NOTICE HAS BEEN GIVEN 8.1 Questions on Notice 8.1.1 Salt Creek Bridge Project Upgrades – Two Wells (CON12/537) 8.1.2 Recording of Council Meetings (CON12/537) 8.1.3 Rating System (CON12/537) 8.1.4 Waste Disposal Site – Two Wells (CON12/537) 8.1.5 Levee Protection of Two Wells (CON12/537) 8.2 Notice of Motion 8.2.1 Ordinary Council Meeting - Open Forum Start Time (CON12/537) 8.2.2 Ordinary Council Meeting Start Times (CON12/537)

9. QUESTIONS WHICH NOTICE HAS NOT BEEN GIVEN Rules from Local Government Act Regulations:- * Questions and replies are not entered in the minute book unless expressly required by

resolution. * No debate shall be allowed on any question or reply to any question.

10. PETITIONS 10.1 Nil

11. DEPUTATIONS 11.1

12. ITEMS FOR NOTING / INFORMATION / ACTIVITY REPORTS 12.1 Items for Information / Noting 12.1.1 Nil 12.2 Activity Reports 12.2.1 Infrastructure Services Activity Report (CON12/1191) 12.2.2 Planning Services Activity Report (CON12/1191) 12.2.3 Development Plan Amendment Activity Report (CON12/248)

13. ITEMS FOR DECISIONS 13.1 Mandatory Code of Conduct – Council Members – LGA Proposal for Change –

Request for Submissions Report (CON12/547) 14. URGENT BUSINESS 14.1

15. CONFIDENTIAL ITEMS 15.1 Sale of Council Land – Germantown Road, Redbanks (CON13/42)

16. CLOSURE

2. CONFIRMATION OF MINUTES

TUESDAY 10 June 2014

Items:

2.1 Council Meeting held on Monday 26 May 2014 (MB Folios 12770 to 12777, inclusive)

Ordinary Council - Agenda Page 1 of 54 10 June 2014

MINUTES OF THE MEETING OF THE DISTRICT COUNCIL OF MALLALA HELD IN THE MALLALA COUNCIL CHAMBERS, REDBANKS ROAD, MALLALA ON MONDAY 26 MAY 2014 AT 7.00PM 1. ATTENDANCE 1.1 Present

Crs D Kennington (Mayor), P Daniele, S Jones, M Strudwicke, K McColl, Y Howard A Picard (7:01pm), B Summerton and M Wasley; Messrs C Mansueto (Chief Executive Officer), G Mavrinac (General Manager, Infrastructure and Planning) P Sellar (General Manager, Corporate and Community) and Mrs K Hornhardt (Minute Secretary)

1.2 Councillors’ Apologies Cr Keen, Cr Heley 1.3 Councillors Absent Nil

2. CONFIRMATION OF MINUTES 2.1 Council Meeting held on 28 April 2014 (MB Folios 12764 to 12784, inclusive) Moved Cr Summerton / Seconded Cr Daniele “that the minutes of the meeting held on 28 April 2014 be accepted as read and confirmed.”

CARRIED (2014/262) 2.2 Council Meeting held on 12 May 2014 (MB Folios 12785 to 12794, inclusive) Moved Cr Wasley / Seconded Cr McColl “that the minutes of the meeting held on 12 May 2014 be accepted as read and confirmed.”

CARRIED (2014/263) At this juncture, 7:01pm, Cr Picard entered the chamber

3. BUSINESS ARISING Nil

4. DECLARATION OF INTEREST Nil

The Mayor sought leave of Council to suspend Part 2 of the Regulations for ‘Open Forum’. Leave granted. The meeting was suspended at 7:01pm and reconvened at 7:13pm.


5. OPEN FORUM 5.1 Speakers 5.1.1 Lynda Fitzpatrick-Brown (Principal of TWPS)

In support of Two Wells Primary School using Hart Reserve as drop-off zone

BRIEFINGS Nil

7. MAYOR’S REPORT 7.1 Meetings Attended and / or Discussions Held (CON12/1199) Information Noted

8. MINUTES AND / OR RECOMMENDATIONS 8.1 Economic Development Advisory Committee Reports Nil

8.2 Community Development Advisory Committee Nil

8.3 Audit Committee 8.3.1 Minutes of Meeting held on 1 May 2014 (CON12/1099) Information received and noted

8.4 Mallala and Districts Museum Committee Nil

8.5 Mallala and Districts Homes Committee Nil

9. QUESTIONS WHICH NOTICE HAS BEEN GIVEN 9.1 Questions on Notice Nil

9.2 Notice of Motion 9.2.1 Re-introduction of Recording of Council Meetings Moved Cr Jones / Seconded Cr Picard

“that Council reintroduces tape recording of all Council meeting business as of the first meeting in July 2014.” Cr Strudwicke raised a Point of Order regarding comments made by Cr Kennington when referring to a comment made by Cr Strudwicke.


No ruling was made by the Mayor Division

Cr Jones called a Division Those voting in the affirmative are Crs Picard, Jones and Kennington Those voting in the negative are Crs Strudwicke, Howard, Daniele, Summerton, McColl and Wasley

LOST (2014/264) Moved Cr Jones / seconded Cr Picard

“that staff bring back a draft policy and procedure to administer the recording of meetings to ensure the appropriate legislation and administrational issues are considered.” Division

Cr Jones called a Division Those voting in the affirmative are Crs Picard, Jones and Kennington Those voting in the negative are Crs Strudwicke, Howard, Daniele, Summerton, McColl and Wasley

LOST (2014/265) 9.2.2 Proposed Changes to Council Meetings Times Moved Cr Picard / Seconded Cr Wasley

"that, commencing with the June Ordinary Meetings of the District Council of Mallala, the starting time be changed to start at 6pm, and that Community Open Forum remain at (around) 7pm." Division Cr Jones called a division Those voting in the affirmative are Crs Picard, Howard, Jones, Wasley and Kennington Those voting in the negative are Strudwicke, Daniele, Summerton and McColl

CARRIED (2014/266) 9.2.3 Proposed Changes to Time and Location of Information Workshops

Moved Cr Picard / Seconded Cr Jones "that the Information Meetings and/or Workshops for Elected Members, currently proposed

for set dates in Two Wells, be changed to be held instead at the Council Chambers in Mallala and precede Ordinary Council Meetings and that a light supper be provided for any Elected Members who require it." Division

Cr Jones called a Division Those voting in the affirmative are Crs Picard, Howard and Jones Those voting in the negative are Crs Strudwicke, Daniele, Summerton, McColl, Wasley and Kennington


LOST (2014/267) 10. QUESTIONS WHICH NOTICE HAS NOT BEEN GIVEN Nil

11. PETITIONS 11.1 Lewiston Community Hub – 210 Hayman Road Lewiston (CON12/958) Information noted

12. DEPUTATIONS 12.1 Dublin Township – Daniel Palumbo A presentation was made by Mr Palumbo regarding a proposal for future development of the

Dublin township

During the presentation and before presenting on the retail precinct, Crs Howard, Daniele and Summerton vacated the chamber as they are CDAP members and a Category 3 Public Notification application is currently being assessed by council planning staff and may be referred to CDAP for their consideration

Crs Howard, Daniele and Summerton vacated the chamber at 7.57pm and returned at 8.36pm

13. ITEMS FOR NOTING / INFORMATION / ACTIVITY REPORTS 13.1 Items for Information / Noting 13.1.1 Finance Report (CON12/1199)

Moved Cr Summerton/ Seconded Cr Wasley “that Council, having considered Item 13.1.1 Finance Report dated 26 May 2014, receives

and notes the Finance Report as at 30 April 2014.” CARRIED (2014/268)

13.1.2 Library One Library Management System – May 2014 (CON12/1199) Moved Cr McColl / Seconded Cr Daniele

“that the Council having considered Item 13.1.2 One Library Management System – May 2014 dated 26 May 2014, receives and notes the report.”

CARRIED (2014/269) 13.2 Activity Reports 13.2.1 Corporate and Community Services Status Report

Moved Cr McColl / Seconded Cr Daniele “that the Council, having considered Item 13.2.1 Corporate and Community Services Status Report dated 26 May 2014, receives the report.”

CARRIED (2014/270)


14. ITEMS FOR DECISION 14.1 Dublin Township Development Plan Amendment (CON13/47) At 8.42pm Crs Howard, Daniele and Summerton vacated the chamber as they are CDAP

members and a Category 3 Public Notification application is currently being assessed by council planning staff and may be referred to CDAP for their consideration

Moved Cr Strudwicke / Seconded Cr McColl “that Council having considered Item 14.1 Dublin Township Development Plan Amendment (DPA) dated 26 May 2014, supports the proposal by Leinad Land Developments (Dublin) Pty Ltd to initiate a statement of intent for the preparation of the Dublin Township DPA, noting it being listed a ‘medium’ priority in Council’s Strategic Directions Report.”

CARRIED (2014/271)

Moved Cr McColl / Seconded Cr Strudwicke “that Council having considered Item 14.1 Dublin Township Development Plan Amendment (DPA) dated 26 May 2014, supports the proposal and administration report back to Council on the Statement of Intent and required agreements for authorisation.”

CARRIED (2014/272) Moved Cr Strudwicke / Seconded Cr Jones “that Council lobby the State Government to include Dublin in its review of the 30 Year Plan.”

CARRIED (2014/273) At 8:48pm Crs Howard, Summerton and Daniele returned to the chamber Cr Picard vacated the chamber at 8.48pm and returned at 8:50pm Leave was granted to bring Item 14.10 forward

14.10 Two Wells Primary School – Student Drop-off Proposal (CON12/809) Moved Cr Strudwicke / Seconded Cr Wasley “that Council having considered Item 14.10 Two Wells Primary School – Student Drop-off

dated 26 May 2014, does not provide support for the use of an additional portion of Hart Reserve as a car park /drop off zone.”

CARRIED (2014/274) Moved Cr Strudwicke / Seconded Cr Jones “that Council having considered Item 14.10 Two Wells Primary School – Student Drop-off

dated 26 May 2014, authorises the Chief Executive Officer to advise the Two Wells Primary School of its decision and subject to Council’s resolution implement the outcome.”

CARRIED (2014/275) Moved Cr McColl / Seconded Cr Strudwicke “that Staff continue discussions with the school to determine options available for a drop and

go zone and bring a report back to Council.” CARRIED (2014/276)


14.2 Annual Budget 2013/14 – Review (CON12/433)

Moved Cr Strudwicke / Seconded Cr Wasley “that the motion

‘Council, having considered Item 12.7.1 Civic Precinct – Office Accommodation dated 24 March 2014, authorises the allocation of $100,000 as part of a budget review for the engagement of an architect and cost estimator in order to progress design work for new office accommodation in line with the initial $2.6 million allocation within Council’s Long Term Financial Plan’

be brought off the table.” Cr Jones called a Point of Order regarding a comment by Cr Daniele that no consultation occurred as part of the depot development project and consultation is only used by some Councillors when they believe it to be appropriate The Mayor ruled in favour of the Point of Order Cr Picard called a Point of Order concerning public consultation required under LGA Act for the location of the Principal Office of a Council and not a depot No ruling was made by the Mayor Division

Councillor Jones call a Division Those voting in the affirmative are Crs Picard, Strudwicke, Howard, Daniele, Summerton, McColl and Wasley Those voting in the negative are Crs Jones and Kennington

CARRIED (2014/277) Cr Howard called a Point of Order stating that she moved a formal motion and therefore was able to speak to the motion The Mayor ruled in favour of the Point of Order Cr Jones called a Point of Order concerning the seeking of legal advice before being in a position to consider the motion The Mayor ruled that there was no Point of Order Moved Cr Summerton / Cr Strudwicke “that Council having considered Item 14.2 Annual Budget 2013/14 - Review as at 30 April 2014 dated 26 May 2014, endorses an allocation of $100,000 for the initial investigation including the engagement of an architect and cost manager for the Civic Precinct/Office Accommodation Project to be included in the Current Annual Budget for the year ended 30 June 2014.”

Division Cr Jones called a Division Those voting in the affirmative are Crs Strudwicke, Daniele, Summerton, McColl and Wasley Those voting in the negative are Crs Picard, Howard, Jones and Kennington


CARRIED (2014/278) Moved Cr Summerton / Seconded Cr Daniele “that Council, having considered Item 14.2 Annual Budget 2013/14 - Review as at 30 April 2014 dated 26 May 2014, receives and adopts the amended Budget as the Current Annual Budget for the year ended 30 June 2014, including Increase in Operating Revenue - $105,000; Decrease in Operating Expenditure $16,000; Decrease in Capital Expenditure $1,786,000; Decrease in Capital Revenue $154,000; Decrease in New Loans $1,900,000.”

CARRIED (2014/279)

14.3 Annual Business Plan and Budget 2014-2015 – Draft for Adoption (CON12/568) Moved Cr Daniele / Seconded Cr Wasley “that the Council having considered Item 14.3 Annual Business Plan and Budget 2014-2015 - Draft for Adoption dated 26 May 2014, ratifies the Draft Annual Business Plan and Budget 2014-2015 for community consultation.”

CARRIED (2014/280)

14.4 Code of Practice – Meeting Procedures – Draft for Ratification (CON12/573) Moved Cr Wasley / Seconded Cr Daniele “that the Council, having considered Item 14.4 Code of Practice: Meeting Procedures – Draft for Adoption dated 26 May 2014, ratifies the Code of Practice – Meeting Procedures.”

Motion not Considered 14.5 Council Member Training and Development – Draft for Adoption (CON12/561) Moved Cr Daniele / Seconded Cr Wasley “that the Council, having considered Item 14.5 Council Member Training and Development

Policy - Draft for Adoption dated 26 May 2014, ratifies the Council Member Training and Development Policy.”

CARRIED (2014/281) 14.6 Register of Interests – Draft for Adoption (CON12/545; CON12/472)

Moved Cr Summerton/ Seconded Cr Daniele “that Council, having considered Item 14.6 Register of Interests Policy - Draft for Adoption dated 26 May 2014, ratifies the Policy.”

CARRIED (2014/282)


14.7 Public Consultation Policy – Draft for Adoption (CON12/200) Moved Cr Picard / Seconded Cr Jones “that Council having considered Item 14.7 Public Consultation Policy – Draft for Adoption

dated 26 May 2014, ratifies the Policy including the addition of Council Principal Office ‘Places and Times’ under Division 5 45.3.”

CARRIED (2014/283) 14.8 Citizenship Ceremony Policy – Draft for Adoption (CON12/200) Moved Cr Summerton/ Seconded Cr Daniele

“that the Council having considered Item 14.8 Citizenship Ceremony Policy - Draft for Adoption dated 26 May 2014, adopts the revised Citizenship Policy.”

CARRIED (2014/284)

14.9 Gawler River Floodplain Management Authority – Budget and Business Plan 2014- 2015 (CON12/1199)

Moved Cr Picard / Seconded Cr Wasley “that Council having considered Item 14.9 Gawler River Floodplain Management Authority –

Budget and Business Plan 2014-15 dated 26 May 2014 considers and endorses the attached Budget and Business Plan 2014-15.”

CARRIED (2014/285)

15. URGENT BUSINESS Cr Howard called a Point of Order in relation that items being raised are not regarded as ‘urgent business’.

No ruling was made by the Mayor

16. CONFIDENTIAL ITEMS 16.1 Register Items for Review Nil


17. CLOSURE There being no further business the Chairman declared the meeting closed at 10.30pm.

Confirmed as a true record.

Mayor: ......................................................................

Date: ____/____/___


8. QUESTIONS WHICH NOTICE HAS BEEN GIVEN


Items:

8.1 Questions on Notice 8.1.1 Rating System (CON12/537) 8.1.2 Recording of Council Meetings (CON12/537) 8.1.3 Salt Creek Bridge Project Upgrades – Two Wells (CON12/537) 8.1.4 Waste Disposal Site – Two Wells (CON12/537) 8.1.5 Levee Protection of Two Wells (CON12/537)


8.1.1 Salt Creek Bridge Project Upgrades,

Two Wells

Container No: CON12/537

Report Date: 10 June 2014 Prepared by: Cr Jones

Corporate Objective:

Preamble A pedestrian walkway over Salt Creek complete with three culverts currently being constructed on eastern side adjacent Salt Creek bridge has caused community speculation. As I was informed on Thursday 29 May 2014 that management was not aware of any construction of pedestrian walkway over Salt Creek that any works are for bridge repair.

Question 1: Do these works constitute bridge repair work?

Answer: Following repeated incidents of road subsidence at the northern side of the bridge and notable cracking in the south eastern corner of the structure, council staff engaged Mace Engineering to carry out an inspection of the site and report on the condition of the Salt Creek Bridge. Council staff based the successful 2013/2014 budget bid on the report provided by Mace Engineering. Works currently being carried out on the bridge are listed in the report. The Report listed the following upgrades

1. Upgrade of the pathway on the eastern side of the bridge with culverts and 50 metres of textured concrete

2. Replace guardrail with support beams over bridge and the 20metres on the four approaches

3. Removal of the stone support walling and cracked concrete retaining wall on the south east corner. The construction of a new retaining wall and repair of cracked sections of the structure

Question 2: Please give details as to how a pedestrian walkway constitutes improved structural integrity of old Salt Creek Bridge.

Answer: The pedestrian walkway has been upgraded to provide safe access for pedestrians only.


Question 3: When was designated approval given for construction of any pedestrian walkway across Salt Creek and what transparent process was involved?

Answer Funding sought was based on engineer’s report which included recommendation to upgrade path.

Question 4: Is Salt Creek inside or outside of Two Wells town boundary?

Answer The Salt Creek bridge is approximately 260 metres inside the southern township boundary of Two Wells and 95 metres inside the 50 kph speed zone.

Question 5: As there is only one dwelling adjacent to construction of new walkway on the Eastern side of Sothern approach, and a number of dwellings on the Western side of Southern approach to Two Wells, in interest of equity, is another pedestrian walkway also planned for the Western side?

Answer No walkway is planned to be constructed on the western side of the bridge. The works involved upgrading of existing path and not installing new path.

Question 6: If it is envisaged that pedestrians from Western side will have to cross the road to access the walkway on the Eastern side, will that create an added safety issue and negate improved safety as reason for installing walkway over Salt Creek on the Easter side of highway?

Answer Yes it is envisaged pedestrians from the western side of Old Port Wakefield road will have to cross the road to access the upgraded eastern side pathway. No. It is not believed that added safety issues will arise from the upgrade of the existing eastern pathway. No formal path use survey has been carried out by staff.

Question 7: What is the total full cost of this pedestrian walkway construction adjacent Salt Creek Bridge when fully and finally completed?

Answer The Mace Engineer Report estimated the pathway to cost $18,000 Council staff estimate the pathway component of the Salt creek Bridge upgrade will be completed at a cost of approximately $17,000

Question 8: How is this walkway constriction being funded?

Answer The project was approved as a part of the 2013/2014 Budget process, thus is being fund as a part of council’s 2013/2014 Capital Works program.

Question 9: Some residents have been told walkway is to service residents along Hayman Road is this correct, as Elizabeth Street via Secomb Road is shorter and safer route?


Answer Staff have no record of information forwarded to residents regarding who the specific users of the pathway may be. The existing pathway has been the only formal access to pedestrians entering the Two Wells township from south of Salt creek and links to the existing paved footpath on Old Port Wakefield road.

Question 10: Is this walkway designed as a dual cycle/pedestrian path, f so how will this be managed, what liabilities are foreseen and what are legislated requirements?

Answer No this pathway has not been designed as a dual cycle / pedestrian path as the path will only be linked to a standard paved footpath.


8.1.2 Recording of Council Meetings




Preamble

Question 1: Is there any restriction under Local Government Act 1999 that would inhibit, preclude or disallow the recording of Council Meetings by anyone including Elected Members, media representatives or members of the gallery?

Answer: Initial research by staff has not identified any Local Government Act 1999 requirements that would stop a person recording meetings. Although not legally required, common courtesy would be that a person considering recording a meeting would advise the meeting of their intentions.


8.1.3 Rating System




Preamble During 20.2.12 Council meeting it would be alleged that a Councillor stated: "that Valuer General , values farm zone at half it's real value so that zone has only ever paid half the rates they should have.”. During 12.5.14 council meeting it would also be alleged a councillor referred to farmers as: "protected species" and "when are we going to stop protecting farmers?" Having regard for Council’s community Consultation obligations on rate review, multiple elected member workshops and community wide consultation during 2012 -2013 a paper entitled "Review of District Council MALLALA basis of Rating”, a second paper and adoption of current differential rating system on 25.3.13 including a separate fixed charge $100 and a separate waste levy of $180 therefore in Council applying a proportional yearly property rate amount

Question 1: Are these alleged statements accurate based on fact within Council’s rating system? Yes or No

Answer: In preparation for the 2012/2013 financial year, Council adopted a new rating structure after a great deal of deliberations and considerable community consultation. This structure was modified to include three differential rates based on land use and defined as:

o Residential Vacant Land and other o Commercial/Industrial o Primary Production

The Residential Vacant Land and other rate was determined to be the base rate with the Commercial/Industrial approximately 30% above the base and Primary Production approximately 10% below the base. A fixed charge was also adopted in place of a minimum rate and set at a modest level of $100 per rateable property. A service charge was implemented for those rateable properties that received a kerbside waste collection service. A rate of $180 per rateable property was set with the intention to recover the cost of the 2 bin collection service. Property valuations are based on capital value and set by Valuer-General’s office through Valuation SA, with council adopting the land values as provided.


Question 2: Are these alleged statements inaccurate based on Council’s current rating system? Yes or No

Answer: Refer to Question 1 response


8.1.4 Waste Disposal Site – Two Wells


Report Date: 10 June 2014 Prepared by: Cr Howard


Preamble A report by TMK Construction Engineers dated 13 June 2011 Stage 1 Environmental Site History Two Wells SA shows;

1. Possible Waste Disposal area (4) 2. Underground Storage Tank 3. Chemical Storage Area

Question 1: Who is responsible for the remediation of these sites?

Answer: Information to be provided next meeting

Question 2: What costs will be borne by Council and how much will it cost?


Question 3: When will these sties be remediate and by whom?



8.1.5 Levee Protection of Two Wells


Report Date: 10 June 2014 Prepared by: Cr Howard


Preamble A report by Australian Water Environments dated September 2011 recommends levee protection for Two Wells including the new development.

Question 1: Who is responsible for the construction of the levee?


Question 2: What costs will be borne by Council and how much will these costs be?


Question 3: Taken that this Development will occur over 20-30 years, when will the levee be constructed?


Question 4: If this levee is not to be constructed before any buildings are erected who will be responsible for any damages by flood to these buildings?



8.2 Notice of Motion


Items:

8.2 Notice of Motion 8.2.1 Ordinary Council Meeting - Open Forum Start Time 8.2.2 Ordinary Council Meeting Start Times


8.2.1 Ordinary Council Meeting Open Forum Start

Time


Report Date: 10 June 2014 Prepared by: Cr Strudwicke


Preamble That the motion 2014/266: that, commencing with the June Ordinary Meetings of the District Council of Mallala, the starting time be changed to start at 6pm, and that Community Open Forum remain at (around) 7:00 pm be amended, by excluding the words, and that Community Open Forum remain at (around) 7:00 pm. This will ensure that Public Open Forum will again be held at the conclusion of accepting Minutes and considering any Business Arising on each agenda of an Ordinary Council Meeting, as in our current Code of Practice for Meeting Procedures of Council.

Motion: “that commencing with the June Ordinary Meetings of the District Council of Mallala, the starting time be changed to start at 6:00 pm.”


8.2.2 Ordinary Council Meeting Start Times


Report Date: 10 June 2014 Prepared by: Cr Heley


Preamble At its 26 May 2014 meeting Council resolved to commence its Ordinary Council meetings at 6pm from the June meetings. This change will not only make it difficult for some of the existing Councillors to attend but may in future deter new members for nominating at the upcoming November elections, particularly if they work during the day. The change also has the potential to impact residents wanting to attend Council meetings. Given this view I would like to move the following rescission motion:

Motion: “that Council rescinds motion 2014/266 from the 26 May 2014 Ordinary Council meeting.”

Motion: “that Council effective from the next Ordinary meeting commence its Ordinary Council meetings at 7:00 pm.”


12 ITEMS FOR NOTING / INFORMATION / ACTIVITY REPORTS


Items:

12.1 Items for Information / Noting 12.1.1 Nil 12.2 Activity Reports 12.2.1 Infrastructure Services Activity Report (CON12/1191) 12.2.2 Planning and Building Activity Report (CON12/1191) 12.2.3 Development Plan Amendment Activity Report (CON12/248)


12.2.1 Infrastructure Services Activity Report


Document No: D14/12045

Report Date: 10 June 2014 Prepared by: General Manager Infrastructure and Planning

Corporate Objective: 3.3.1 Ensure a safe and efficient network of local roads and associated infrastructure

3.4.1 Implement townscape, streetscape and parks and gardens improvements that maintain and enhance the character of townships

3.6.1 Provide and maintain Council buildings, facilities and public amenities 3.6.2 Maintain long term Asset Management Plans which identify, prioritise

and effectively manage current and future building and facility asset needs

3.6.3 Develop new buildings and facilities in a planned and prioritised approach

Purpose:

To inform on the progress of infrastructure projects being undertaken by Council

Recommendation 1:

“that the Council, having considered Item 12.2.1 Infrastructure Services Activity Report dated 10 June 2014, receive the report.”


Background This report details the activities of Infrastructure Services department up to the month of May 2014. Asset Management Project/Action Upgrade Thompson Beach Fire Protection Infrastructure

Stage 1 Completed water line to tanks - Stage 2 of the project, the replacement of the existing fire hydrants began in May 2014.

Prepare/Review Asset Management Plans, as required

Council endorsed the post-consultation version of the Transport, CWMS, & Stormwater Asset Management Plans. Transport, CWMS and Stormwater.

Thompson Beach Road: Signage and Road Closure

External agencies to reply to complete the formal road closure procedure in accordance with the Roads (Opening and Closing) Act 1991.

Buildings & Facilities Management Project/Action Provide and maintain Council owned community buildings and facilities

Mallala Museum: Sealing of car park and footpath has been designed and quotes are currently been sought for the sealing. Scheduled to commence late June. Installation of Low UV Lighting in Paint Shop Display area to commence when Committee contact Council. Administration to advise that construction is completed.

Playgrounds maintained to safety standards

Audits have been completed with identified maintenance actioned as required. Staff have attended a seminar with the new regulations endorsed.

2013-2014 Asbestos removal program Audit completed.

Road Services Project/Action Baker Road Ford Upgrade

Project on hold, pending Black Spot funding application. Waiting notification of outcome which is expected May/June 2014.

Mallala Road Roundabout Deferred to 2014-15. Included in the 2014-15 draft capital works budget.


Project/Action Mallala Short Stay Accommodation Concept Plan

Mallala Short Stay Concept Plan was out for public consultation to seek feedback on the design. Consultation completed on the 23 May 14 a report to be presented to Council on the Community feedback.

Marshman Street relocation

Contractor engaged to commence the Road Process Order pursuant to the Roads (Opening and Closing) Act.

Germantown Road, Lewiston: Dawkins to Gawler River Road

Sealing completed.

Germantown Road, Lewiston: Gawler Road to Hayman Road

Sealing completed.

Pederick Road, Lewiston - Dawkins to Gawler River Road

Sealing completed.

First Street, Dublin - Seventh Street to end

Kerbing & Sealing has been completed. Tidy up is to be carried out as resources become available

Elizabeth Street, Mallala On Hold due to the Mallala CWMS Construction

Trim Road, Two Wells - Russell to Kathleen Road

Sealing has been completed, line marking and tidy up will be carried out during June.

Russell Road, Two Wells - Dawkins to Trim Road

Sealing has been completed, line marking and tidy up will be carried out during June.

Williams Road, Two Wells - Dawkins Road to south end

Sealing completed. Driveway and drainage work still to be completed.

Elizabeth Street, Two Wells - Donaldson Road to end

Kerbing & Sealing has been completed. Tidy up is to be carried out as resources become available.

Cameron Terrace, Mallala - Feltwell Road to railway crossing

Kerbing & Sealing has been completed. Tidy up is to be carried out as resources become available.

McCord Road, Two Wells - Williams to Germantown Road

Sealing has been completed; line marking will be carried out during June.

Petticoat Lane, Two Wells Design is in progress and survey is completed

Undertake road maintenance / re-sheeting program

Harvey Road - Pratt Road to Wilson Dairy Completed Pratt Road - Railway line to East of Harvey Road Completed Hall Road - Calomba Road to Broster Road – Deferred. This project has been replaced with the re sheeting of Marshman road – Davies rd. To Barabba rd. It is proposed Hall rd will be resheeted during next financial year.


Project/Action Barabba Road – Davies ti o Barabba rd. In Progress Day Road - Richter Road to Gregor Road Completed Old Dublin Road - Turner Road to Frost Road In Progress Porter Road - Navvy Hill to Pt Wakefield Road Completed Navvy Hill Road - Mallala Road to Wasley Road Completed Navvy Hill Road - Wasley Road to Porter Road Completed Worden Road - Woolsheds Road to Helps Road Completed Wild Horse Plains Completed

Undertake footpath reconstruction / construction program

Paving of the remainder of Chapman Street Two Wells has been completed.

Maintain bridges to ensure safety and functional access to the community

Webb Beach guard railing has been installed, signs on order, when installed project will be complete. Salt Creek bridge guard railing installation is to be carried out in June. Quotes have been called for the concreting of the pathway and head wall. The installation of culverts and the associated earthworks has been carried out in preparation for pathway concrete work.

Old Port Wakefield Rd - Pedestrian crossing

Report on submissions presented to Strategic Infrastructure and Planning Committee lays on the table.

Engineering Services Project/Action Manage and maintain Council’s flood control infrastructure

Stage 1 of Parham Levee completed, minor top up to occur Coast Stage 2 is 95% complete minor top up to occur.

Develop, manage and maintain sustainable stormwater infrastructure

Gawler Road and Old Mallala Road storm water and kerbing projects - Survey and design has been completed. Council seeking pump station prices as per design. Drainage Works design for 100 Gawler Road to Humzy Reserve has been accepted by DPTI and will be carried out as resources become available.

Review/Update Two Wells Stormwater Management Plan

Administration will be meeting with the consultant to discuss finalisation of the Stormwater Management Plan.

Flood Safe Education 2013-14 Program The Floodsafe program is completed for 2013-2014.

Operate and manage Council’s Quarry services

Quarry Security System: Chubb security has been selected to supply, install and monitor the system. Camera pole & installation is programmed to occur in late June (Pole supply has been the hold up).

Horticultural Services Project/Action


Maintain recreational and open spaces and associated public amenities

Current activity involves finalising the approved works to the rear of memorial site which includes the erection of plinths. The work including the removal of the memorial and paving by the Two Wells RSL, which was not approved by Council is currently being discussed with RSL President to ensure the return of the memorial in its original condition, and gain the appropriate approvals.

Waste Management Project/Action

Waste Management Strategy

The post-consultation version of the Waste Management Strategy was endorsed by Council on 12 May 2014. Following an Expression of Interest, Zero Waste has offered DC Mallala the opportunity to participate in trial bin-tagging program and associated waste education campaign –This campaign will involve an audit of recyclable and organics materials disposed of through the kerbside waste collections.

Operate and manage Council’s land fill sites

Revegetation work is continuing at Lime Rock Road land fill site. Coleman Rd site – The first capping layer has been laid, compacted & tested. Clay based filling is currently being carted & laid at the site for the final clay based layer..

Maintain asbestos/ litter collection program

Application submitted to the Crime Prevention and Community Safety Grant to assist Council to achieve a reduction in illegal dumping across the district by implementing proven deterrence measures designed to impede access, increase the risk of getting caught and remove excuses for unlawful waste disposal. It will also evaluate the relative cost-effectiveness of prevention and remediation and attempt to establish profiles of ‘typical’ offenders to enable customisation of future anti-dumping education campaigns.

Summary The activity report is presented to provide an indication as to the progress of projects being undertaken within the Infrastructure Services department.


12.2.2 Planning Services Activity Report




Corporate Objective: 1.1.2 Provide public and environmental health services in accordance with relevant legislation

1.5.3 Promotion and management of the Animal Management Plan within the community

3.2.1 Administer Council’s Development Plan in accordance with State Planning strategies and Regional priorities

3.2.2 Establish zoning and infrastructure plans in growth areas in accordance with the Greater Adelaide Plan

3.2.3 Provide consistent and responsive development assessment and compliance processes

Purpose:

To inform on the progress of strategic projects, development assessment, compliance and regulatory service activities being undertaken by Council.

Recommendation 1:

“that Council, having considered Item 12.2.2 Planning Services Activity Report dated 10 June 2014, receive the report.”


Background This report details the activities of Planning Services department up to the month of May 2014. Land Use Planning Project/Action Two Wells Town Centre DPA

Consultants have been engaged to undertake the investigation described in the Statement of Intent. These include a retail demand analysis, site contamination assessment, traffic impact and aged friendly assessment. Estimated time for completion of investigations is 30 June 2014.

Open Space Planning Project/Action Open Space - Community Land Management Plan

WAX Design and Suter Planners have been engaged to undertake development of the Open Space - Community Land Management Plan.

Environmental Management Project/Action Coastal Settlements Adaptation Study

A supplementary workshop was held on 21 May for the Middle Beach residents to further discuss issues that were highlighted at the 27 March workshop.

Community Infrastructure Project/Action Two Wells Town Centre Redevelopment

Council Administration met with CFS to determine potential re-location within the town centre.

Lewiston Community Study (Phase 2)

The project brief Cost Benefit Analysis phase of the study was endorsed by Council on 12 May 2014.


Development Assessment

Deve

lopm

ent A

pplic

atio

ns

Comparison between lodgements, approvals/refusals and number of withdrawn applications.

Activ

e File

s

The number of active files is represented by the cumulative number of lodgements minus withdrawals and approved/refused Devlopment Applications for the month. Files are active as they are either being assessed or waiting information from the applicant or a referral body (i.e. EPA).

Deve

lopm

ent A

sses

smen

t Pan

el – R

ecom

men

datio

n De

cisio

n

Note: No DAP Meeting July, September, October, January, February. Comparison of DAP decisions with or against staff recommedations, or if a decision was deferred in order to seek further information or clarification from an applicant.

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

2013 2014

Approvals 26 31 14 17 22 21 23 24 21 17 17

Refusals 1 0 1 0 2 1 3 1 2 0 0

Withdrawals 4 2 1 4 3 1 1 2 0 2 1

Lodgements 43 51 23 29 14 20 24 28 20 28 20

0 10 20 30 40 50 60

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 2013 2014

2014 Files 22 40 48 66 74

2013 Files 112 130 137 149 144 141 116 100 91 87 81

Pre 2013 90 88 87 83 76 71 65 64 39 36 36

0

20

40

60

80

100

120

140

160

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 2013 2014

With 0 1 0 0 3 1 0 0 1 1 0

Against 0 0 0 0 0 0 0 0 0 0 0

Deferred 0 0 0 0 0 1 0 0 0 2 0

0

0.5

1

1.5

2

2.5

3

3.5


Deve

lopm

ent P

an C

onse

nt Is

sued

Comparison of the number of Development Plan Consents issued by Council or a private certifier. Note: full development approval can only be issued by Council.

Build

ing

Rules

Con

sent

issu

ed

Comparison of the number of Building Rules Consent issued by Council or a private certifier. Note: full development approval can only be issued by Council.


2013 2014

Council 23 27 12 23 17 21 16 13 13 13 11

Certifier 0 3 3 0 1 0 0 0 0 0 0

0

5

10

15

20

25

30


2013 2014

Council 3 20 10 17 16 12 13 15 13 10 11

Certifier 4 8 3 0 4 11 10 9 9 4 6

0

5

10

15

20

25

Deve

lopm

ent A

ppro

val -

Con

stru

ctio

n Va

lue

The total estimated construction value of applications approved each month. This may not represent the final value, as not all approvals proceed to construction.


2013 2014

Construction Value $1,215,746 $1,233,699 $533,512 $2,003,469 $968,860 $1,556,717 $1,737,231 $1,057,507 $1,368,109 $668,287 $1,170,302

0.00

0.50

1.00

1.50

2.00

2.50

Mill

ions


Planning & Building Compliance

Build

ing

Insp

ectio

ns

Number of building inspections (by class) undertaken each month.

Com

plian

ce

Number of compliance matters undertaken each month. Compliance Officer on leave during current reporting period.

Public Health and Food Administration Project/Action Prepare Regional Public Health Plan

Stakeholder and community consultation on the draft Public Health and Wellbeing Plan closed 16 May 2014. The Steering Committee to meet to review submissions and any proposed amendment to the health plan. A final version of the health plan is to be presented to each representative council for adoption.


2013 2014

Class 1&2 (Domestic) 4 8 6 0 10 7 4 4 13 6 11

Class 3-9 (Commercial) 0 0 0 0 1 0 0 0 0 0 0

Class 10 (Minor Structures) 1 1 5 0 1 1 7 2 5 6 4

0 2 4 6 8

10 12 14

July Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

2013 2014

New Investigation 7 5 2 4 3 8 10 8 8 10 11

Section 84 Notices Issued 0 3 3 1 0 1 0 1 1 0 2

Warning Letters 20 12 6 14 11 12 10 12 13 16 14

Resolved - No ERD Court 2 4 5 3 2 5 3 2 2 5 5

ERD Court 2 2 3 3 3 2 2 2 3 3 3

No Action Taken/Required 4 1 6 0 0 3 3 2 1 3 2

0

5

10

15

20

25


Insp

ectio

ns

Number of food premise (i.e. sale of unsafe food) and health (i.e. septic) inspection conducted each month pursuant to the Food Act 2001 and the Public Health Act 2011 respectively.

Notic

e Iss

ued

Number of notices issued pursuant to the Food Act 2001 and the Public Health Act 2011. A property owner had been issued a preliminary notice of intention pursuant to Section 92 of the Public Health Act to address a potential health risk.


2013 2014

Food 7 4 3 5 1 11 8 3 3 1 6

Health 19 23 11 20 15 8 22 18 15 13 7

0

5

10

15

20

25


2013 2014

Food 0 0 0 0 0 0 0 0 0 0 0

Health 0 0 1 2 0 1 0 0 0 1 1

0

0.5

1

1.5

2

2.5

Lice

nce R

efer

ral

Number of applications (per category) referred to Council by the Liquor Licensing Commission for comment.

Jul-Sep Oct-Dec Jan-Mar Apr-Jun

2013 2014

Limited 1 0 0 0

Extensions 2 0 0 0

Transfers 0 0 0 0

Other 0 0 0 0

0 0.5

1 1.5

2 2.5


Animal Management and Dog Control

Anim

al Ma

nage

men

t

Number of stray stock events (ie one or more animals) reported and attended each month.

Dog

Mana

gem

ent

Number of dog management issues dealt with each month. Council administration conducted door knocks during September and October to target non-registration renewals by owners.

Dog

Mana

gem

ent

Number of attacks and harassment incidents reported and attended each month. Summary The activity report is presented to provide an indication as to the progress of projects being undertaken within the Planning Services department.


2013 2014

Stray Stock 0 0 1 1 1 0 1 0 2 2 0

0

0.5

1

1.5

2

2.5


2013 2014

Expiations Issued 2 0 60 54 2 1 13 59 0 1 2

Wandering at large 5 4 4 4 5 3 7 4 1 2 3

Wandering concerns 0 0 0 0 1 1 3 0 4 0 5

Impounded 10 13 6 4 5 11 7 8 7 4 3

Returned to owner 5 9 4 2 2 7 6 4 2 3 3

Barking complaints 0 0 2 0 0 0 0 0 0 0 1

Barking concerns 0 0 1 2 1 1 1 1 1 1 3

0 10 20 30 40 50 60 70


2013 2014

Dog Attack - Person 0 0 0 0 0 0 0 0 0 0 0

Dog Attack - Animal 1 0 1 0 2 0 0 0 0 0 0

Dog Harrass - Person 0 0 0 0 1 0 0 0 0 2 1

Dog Harrass - Animal 0 1 1 0 0 0 0 2 0 0 0

0 0.5

1 1.5

2 2.5


12.2.3 Development Plan Amendment Activity Report




Corporate Objective: 3.2.1 Administer Council’s Development Plan in accordance with State Planning strategies and Regional priorities

Purpose:

To inform on the progress of Development Plan Amendments being undertaken by Council

Recommendation 1:

“that Council, having considered 12.2.3 Development Plan Amendment Activity Report dated 10 June 2014 receive the report.”


Background Planning Services is progressing a number of amendments to the Mallala Development Plan. This monthly report detailed the key stages in the DPA process and the status of each DPA being undertaken. The DPA stages as detailed under the Development Act 1993 are presented in Attachment 1. The Act allows for three processes:

• Process A - separate agency and public consultation • Process B - concurrent agency and public consultation • Process C - a shortened concurrent agency and public consultation.

Discussion Council has currently two active DPAs, being:

• Gawler River and Light River Flood Prone Areas DPA • Two Wells Town Centre DPA (Statement of Intent still to be approved)

The Mallala Township DPA has been approved by the Minister for Planning. The status of these DPAs is detailed below.


MALLALA TOWNSHIP DPA Pr

oces

s

Stag

e

Actio

ns

Resp

onsib

ility

Estim

ated

Dat

es

Actu

al

Date

s

Stat

us

A

State

ment

of Int

ent

Draft SOI submitted to Minister Council Nov

2006 Jan 2007 Complete

Agreement reached on final version of SOI

Minister Jan 2007 Apr 2007 Complete

Inves

tigati

ons a

nd C

onsu

ltatio

n

Investigations conducted, DPA prepared and workshops with Elected Members

Council June 2007 - Complete

Council endorsement Council - - Complete

DPA document prepared for agency consultation

Council - - Complete

Agency consultation (6 weeks) Agencies - - Complete

Review agency comments and amend DPA


Council endorsement Council - - Complete

DPA sent to Minister requesting agreement to commence public consultation


DPA assessed and report prepared for Minister

DPTI - - Complete

Public consultation approved Minister - - Complete

DPA prepared for public consultation Council Apr- May-Oct

2012 Complete


Jul 2012

Public consultation conducted

Council Nov 2012 -Jan 2013

23 Nov 2012 - 25 Jan 2013

Complete

Public Meeting Council Feb 2013

11 Feb 2013 Complete

Summ

ary o

f Con

sulta

tion a

nd P

ropo

sed A

mend

ments

Public Meeting and submissions summarised and DPA amended in accordance with Council’s assessment of submissions Summary of consultation and proposed amendments

Council Feb-Mar 2013

March 2013 Complete

SCPA assessed and Approved DPA prepared for Minister

DPTI Apr 2013

April 2014 Complete

Minister considers Approved DPA Minister Apr

2013 2 May 2014 Complete

Approved Amendment gazetted

DPTI May 2013

15 May 2014 Complete


GAWLER RIVER AND RIVER LIGHT FLOOD PRONE AREAS DPA Pr

oces

s

Stag

e

Actio

ns

Resp

onsib

ility

Estim

ated

Dat

es

Actu

al Da

tes

Stat

us

B

State

ment

of Int

ent

Draft SOI submitted to Minister Council April

2013 April 2013 Complete


Minister May 2013

June 2013 Complete

Inves

tigati

ons a

nd C

onsu

ltatio

n


Council Jan 2014

Session held with adjoining councils and DPTI to discuss policy directions.

Council endorsement Council Feb

2014

Concurrent Public and agency consultation conducted (at least 8 weeks)

Council Feb 2014-Mar 2014

Public Meeting Council Mar 2014

Summ

ary o

f Con

sulta

tion a

nd P

ropo

sed A

mend

ments


Council April 2014

SCPA assessed and Approved DPA prepared for Minister

DPTI May 2014

Minister considers Minister June


Approved DPA 2014


DPTI July 2014


TWO WELLS TOWN CENTRE DPA Pr

oces

s

Stag

e

Actio

ns

Resp

onsib

ility

Estim

ated

Dat

es

Actu

al Da

tes

Stat

us

B

State

ment

of Int

ent

Draft SOI submitted to Minister Council Feb

2014 5 Feb 2014

Feedback provided by Department seeking that Aboriginal heritage and closure of the existing waste transfer station be included as part of the investigations in support for the DPA. Revised SOI submitted.


Minister March 2014

Inves

tigati

ons a

nd C

onsu

ltatio

n


Council Jun 2014

Council endorsement Council July

2014

Concurrent Public and agency consultation conducted (at least 8 weeks)

Council Aug-Sep 2014

Public Meeting Council Oct 2014

Summ

ary o

f Con

sulta

tion a

nd P

ropo

sed

Amen

dmen

ts


Council Dec 2014

SCPA assessed and Approved DPA prepared for

DPTI Jan 2015


Minister

Minister considers Approved DPA Minister Feb

2015


DPTI Feb 2015

Summary The DPA update is presented to provide an indication to the timeframes for each of the amendments being undertaken.


Attachment 1

All council-initiated DPAs Statement of Intent (SOI) agreed between the Council and Minister (including whether Process A, B or C will be followed) Research/investigations conducted by/for Council regarding subject matter agreed in SOI (The process then varies, depending on whether Process A, B or C is adopted)

Process A Process B Process C Draft DPA document prepared for agency consultation (maximum of 6 weeks allowed for agency submissions)

DPA document prepared and Council CEO Certification issued Submit DPA to Minister for approval to release for public consultation (this extra step will apply only in limited circumstances, as agreed in SOI or if new issues arise in investigations)

DPA document prepared and Council CEO Certification issued

DPA finalised following agency consultation and Council CEO Certification Obtained Submit DPA to Minister for approval to release for public consultation

* Conduct concurrent agency and public consultation (at least 8 weeks allowed for written submissions)

* Conduct concurrent agency and public consultation (at least 4 weeks allowed for written submissions; direct notification of adjoining landowners)

* Conduct public consultation (at least 8 weeks allowed for written submissions)

All council-initiated DPAs Council conducts Public Consultation Meeting

After the Public Consultation Meeting Council prepares a Summary of Consultations and Proposed Amendments Report (SCPA Report); Council CEO Certification is obtained; and the documentation is submitted to the Minister Minister considers for approval The DPA may be approved; altered and approved; refused; or divided into parts, with some approved and others refused or altered Parliament’s ERDC Committee reviews the amendment process

* Interim operation – can be requested at any time but cannot come into effect before the DPA is placed on public exhibition


13 ITEMS FOR DECISSION


Items:

13.1 Mandatory Code of Conduct – Council Members – LGA Proposal for Change – Request for Submissions Report (CON12/547)


13.1 Mandatory Code of Conduct - Council Members – LGA Proposal for Change – Request for Submissions Report



Report Date: 10 June 2014 Prepared by: Governance Coordinator

Corporate Objective: 5.1 Effective governance, leadership and teamwork.

Purpose:

To seek Council’s consideration for the provision of a submission relating to a proposal for change to the Mandatory Code of Conduct – Council Members.

Recommendation 1:

“that the Council having considered Item 13.1 Mandatory Code of Conduct - Council Members – LGA Proposal for Change – Request for Submissions Report dated 23 June 2014, notes and receives the Report and authorises the Mayor and Chief Executive Officer to provide a submission to the LGA.”


Impact Summary

Organisational and Governance

Financial Nil Legislation While there are no legislative implications associated with this report a

submission to the LGA provides Council the opportunity to raise any concerns or recommendations it has with the current Mandatory Code of Conduct – Council Members.

Risk The request for submissions provides Council the opportunity to raise any concerns it may have with respect to the Code as a collective with other Councils and the LGA providing a greater opportunity for positive change.

Consultation Nil consultation has occurred with respect to this report.

Asset Management Plans

Nil

Service Standards Nil


Background The Mandatory Code of Conduct – Council Members is a legislated document ratified by the South Australian Government on the 1st of September 2013. At its 15 May 2014 meeting the Local Government Association Board received a report from SAROC (South Australian Regional Organisations of Councils) which sought changes to the Mandatory Code of Conduct - Council Members. The LGA Board resolved to seek views from Councils in relation to the proposed change before taking any further action. The Board resolution concerned a proposal to amend the Code of Conduct in the following manner: “that the LGA Secretariat lobbies the SA State Government to seek legislative change to remove any of the actions mentioned in clause 2.25 that might have a detrimental effect on Councillor relationships within Council.” Clause 2.25 of the Code of Conduct sets out the penalties that a Council may impose on a Council Member who is found to have breached Part 2 of the Code (Behavioural Code). The proposed change is based on the view that having a Council impose a penalty on a Council Member could lead to factions and ill-feeling within the Council. The proposal also included the suggestion that the Governance Panel, or some other external investigator, should have the power to mandate a penalty rather than leaving it to the Council to resolve to impose a penalty. The issues raised in the recommendation regarding clause 2.25 were extensively consulted upon in the drafting of the Code. The suggestion that an external investigator should have the power to mandate a penalty (as the Ombudsman can do under Part 3 of the Code) did not receive widespread support and would be difficult to achieve legally. Clause 2.25.1 was inserted as a result of the consultation process and provides that a Council may, by resolution, take no action on an investigative finding of a breach of Part 2 of the Code. SAROC Recommendations to the LGA Board Changes to the Behavioural Code of Conduct Clause 2.25 SA140514/7.2 Moved Mr Peter Campbell Seconded Cr Peter Solomon that:

1. the SAROC Committee recommends to the LGA Board that the Local Government Association of SA Secretariat strongly lobby the State Government to seek legislative change to remove any of the actions mentioned in Clause 2.25 that might have a detrimental effect on Councillor relationships within Council; and

2. the body of item 1 above be specifically raised in subsequent LGA consultations with Councils.

AMENDMENT Moved Mr Graeme Martin Seconded Mayor Kym McHugh that:

1. consultation be carried out with all Councils to seek their issues concerning the changes to the Behavioural Code of Conduct Clause 2.25; and


2. if the consultation with Councils reveals a desire for change, the SAROC Committee recommends to the LGA Board that the LGA Secretariat strongly lobby the State Government to seek legislative change to remove any of the actions mentioned in Clause 2.25 that might have a detrimental effect on Councillor relationships within Council.

The AMENDMENT was PUT and CARRIED The AMENDMENT became the MOTION and was PUT and CARRIED Discussion While Council’s current Council Members Code of Conduct Breaches Procedure addresses, in part, those issues discussed above – specifically in relation to Part 2 of the Code Council should still consider a formal response to the LGA Board where it feels the requirements of the Code could be improved or provide greater clarity. To facilitate this, it is suggested that Council Members provide feedback during discussion on this item which can be incorporated into a submission to the LGA. The submission would be compiled by the Chief Executive Officer for approval by the Mayor on behalf of Council. Summary The request for feedback from Members provides the opportunity to Council to provide a formal response to the Code where Council thinks the Code may be lacking in content or clarity.


15 CONFIDENTIAL ITEMS


Items: 15.1 Sale of Council Land – Germantown Road, Redbanks (CON12/893)


notice of ordinary meeting of council · 6/10/2014 · during the presentation and before...

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