page left intentionally blank - city of onkaparinga...6. presentation 7 7. deputation 7 8....
TRANSCRIPT
Page left intentionally blank
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014
Venue: ::
Council Chamber, Civic Centre
Ramsay Place, Noarlunga Centre
Meeting commenced: :
Present: :
Apologies: : Cr M Bray Cr D Chapman
Leave of absence: :
Absent: :
Pledge:
We recognise this City’s considerable natural and cultural heritage, including thousands of years of traditional ownership by Kaurna, and the more recent contribution from people either born here or who have migrated here. As we meet together, we build on this heritage by respecting and listening to each other, thinking clearly, being receptive to new ideas, speaking honestly, and deciding wisely for the current and future well-being of those we serve.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
4 Date Printed: 13 February 2014
Page left intentionally blank
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
5 Date Printed: 13 February 2014
1. Opening of meeting 7
2. Confirmation of minutes of the Council meeting held on Tuesday 28 January 2014. 7
3. Adjourned business 7
4. Leave of absence 7
4.1 Leave of absence – Cr S Brown 7
5. Mayor’s communication 7
6. Presentation 7
7. Deputation 7
8. Presentation by Committee Chairpersons and reports to Council by Council Committees. 9
8.1 Chief Executive Officer Performance Management Committee minutes 9
8.2 Strategic Directions Committee minutes 13
9. Reports of officers 21
9.1 Monthly financial report - December 2013 21
9.2 Certificate of Consent for the Deposit of a Plan of Community Division (145/6022/2013) 11 Deck Crescent, Seaford Meadows 27
9.3 Petition - requesting extension of the Seaford Skate Park 35
9.4 Dog registration and dog management 2014-15 43
9.5 Place Naming Application - Antony Street Reserve, Christie Downs report 51
9.6 Elected Member attendance at Adelaide Velo-City Global 2014 Celebration of Cycling Conference 63
9.7 Review of Confidential Items 71
10. Nominations to external bodies 79
11. Questions on notice 79
12. Motions 79
13. Petitions 79
14. Urgent business 79
15. Confidential items 81
15.1 Contract Award - Concrete Works - Kerb Repair Works - contract number 13063 83
15.2 Tier 1 Event 85
15.3 Chief Executive Officer Performance Management Committee confidential minutes 87
15.4 Strategic Directions Committee confidential minutes 89
16. Closure 90
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
6 Date Printed: 13 February 2014
Page left intentionally blank
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
7 Date Printed: 13 February 2014
1. Opening of meeting
2. Confirmation of minutes of the Council meeting held on Tuesday 28 January 2014.
3. Adjourned business Nil.
4. Leave of absence 4.1 Leave of absence – Cr S Brown
Cr S Brown has requested leave of absence from 12 March 2014 to 29 March 2014 inclusive.
5. Mayor’s communication Nil.
6. Presentation Nil.
7. Deputation Nil.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
8 Date Printed: 13 February 2014
Page left intentionally blank
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
9 Date Printed: 13 February 2014
8. Presentation by Committee Chairpersons and reports to Council by Council Committees.
8.1 Chief Executive Officer Performance Management Committee minutes H2
Director: Donna Barchiesi, Director People, Governance and Regulatory
Services
Report Author: Sue Hammond, Governance Officer
Contact Number: 8384 0747
Attachments: 1. Minutes of Chief Executive Officer Performance
Management Committee meeting held 28 January 2014 (3 pages)
A meeting of the Chief Executive Officer Performance Management Committee was held on 28 January 2014.
There are no items that require a resolution of Council.
The minutes of the Chief Executive Officer Performance Management Committee meeting (Attachment 1) are for noting by Council.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
10 Date Printed: 13 February 2014
Attachment 1
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
11 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
12 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
13 Date Printed: 13 February 2014
8.2 Strategic Directions Committee minutes H2
Director: Donna Barchiesi, Director People, Governance and Regulatory
Services
Report Author: Matthew Lawrence, Governance Officer
Contact Number: 8384 0126
Attachments: 1. Minutes of the Strategic Directions Committee
meeting held 11 February 2014 (7 pages)
A meeting of the Strategic Directions Committee was held on 11 February 2014.
There are no items that require a resolution of Council.
The minutes of the Strategic Directions Committee meeting, as attached to this agenda report, are for noting by Council.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
14 Date Printed: 13 February 2014
Attachment 1
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
15 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
16 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
17 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
18 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
19 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
20 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
21 Date Printed: 13 February 2014
9. Reports of officers 9.1 Monthly financial report - December 2013
This report presents the monthly financial results for the period ending 31 December 2013, noting our financial position and performance measured against the approved budget.
This is a regular or standard report.
Director: Steve Mathewson, Director Finance and Commercial
Report Author: Sonia Sghendo, Team Leader Financial Accounting
Contact Number: 8384 0613
Attachments: 1. Monthly financial report (2 pages)
2. Inventory of funds (1 page)
1. Recommendation
That the financial reports for December 2013 be received and noted.
2. Background
This report presents the monthly financial reports for the period ending 31 December 2013, noting our financial position and performance measured against the approved budget.
This report forms part of our corporate reporting framework and provides details on our current financial position compared to the approved 2013-14 Budget for review and consideration.
3. Financial Implications
This report provides an overview of the financial performance and position for 2013-14.
4. Risk and Opportunity
Key risk/opportunity Details and analysis
Nil
5. Discussion
The monthly financial information is presented in Attachment 1 (Monthly Financial Report) and Attachment 2 (Inventory of Funds). The following sections provide an outline of the monthly financial report and information on relevant variations and issues.
The approved budget for 2013-14 incorporates:
The 2013-14 Budget as adopted by Council at its meeting on 9 July 2013
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
22 Date Printed: 13 February 2014
The 2012-13 Carry forwards being those amounts unspent in the previous financial year that are required to complete approved projects within the current financial year (adopted by Council on 15 October 2013)
The 2013-14 Budget Review 1 as adopted by Council at its meeting on 10 December 2013.
Monthly financial report (Attachment 1 and 1(a))
Attachment 1 contains the following:
Actual financial activity compared to budget for Operating, Project and Capital Works, Major Projects Fund, Climate Change Response Fund and other non-operating income and expenditure
A summary of costs that have been committed (ie where a purchase order has been raised but the goods or services have not yet been received) to provide an indication of the annual budget still available
A graph of the cumulative expenditure variation
This graph details cumulative actual expenditure (operating and capital but excluding depreciation) compared to cumulative budgeted expenditure to provide a year to date variation. This key performance indicator (KPI) gives an indication of the projected end of year expenditure position.
An acceptable year to date variation of +/-5% has previously been established for this KPI.
As at 31 December 2013 the actual year to date expenditure of $67.7 million was 7.9% (or $5.8m) below the budgeted year to date expenditure of $73.5 million. The variance reflects budgeted expenses that were timed to occur prior to and including December. Similar to the variance reported to Council on 28 January 2014, the December month end variance exceeds the 5% KPI established. As reported in the November month end report, a comprehensive review of budget expense timings and the projected year end expenditure position is being performed as part of Budget Review 2. The outcomes of which will be presented to Council on 11 March 2014.
A graph of the cumulative income variation
This graph details cumulative actual income (operating and capital) compared to cumulative budgeted income to provide a year to date variation. This KPI gives an indication of the projected end of year income position.
An acceptable year to date variation of +/-5% has previously been established for this KPI.
As at 31 December 2013 the actual year to date income of $69.6 million was 0.35% (or $240K) above the cumulative budgeted year to date income of $69.4 million.
Significant items contributing to these variations are listed within Attachment 1(a).
Inventory of funds (Attachment 2)
This attachment details the balances as at 31 December 2013 of invested funds (including our general bank account), debenture loans and funds drawn down on short term cash advance facilities.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
23 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
24 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
25 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
26 Date Printed: 13 February 2014
Page left intentionally blank
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
27 Date Printed: 13 February 2014
9.2 Certificate of Consent for the Deposit of a Plan of Community Division (145/6022/2013) 11 Deck Crescent, Seaford Meadows
H2
This report seeks Council’s consent, as a registered interest holder in the land, for the Deposit of a Plan of Division C28002 on the corner of Deck Crescent and Cannon Lane, Seaford Meadows.
This is a regular or standard report.
Director: Donna Barchiesi, Director People, Governance and Regulatory Services
Report Author: Kyle Tapscott, Development Officer (Planning)
Contact Number: 8301 7323
Attachments: 1. Plan of Division for C28002 approved in Development
Application 145/6022/2013 (1 page)
2. Certificate of Title for DP82534 Lot 636 with registered
interest 11210922 (2 pages)
3. Aerial image of the site (1 page)
4. Certificate of Consent for the Deposit of a Plan of
Community Division form (1 page)
1. Recommendations
That Council:
1. Consents to the Deposit of the Plan of Division C28002 (Attachment 1 to this
agenda report) at Seaford Meadows approved in Development Application 145/6022/2013;
2. Acknowledges that its interest, A11210922, will be unaffected by issuing its consent;
3. Delegates to the Mayor and Chief Executive Officer the authority to affix the Council Seal to and execute the Certificate of Consent for the Deposit of a
Plan of Community Division form (Attachment 4 to this agenda report).
2. Background
A Land Management Agreement (LMA) is a negotiated Agreement between council and a person/company seeking to develop their land. It sets out the agreed activities or conditions relating to that piece of land in the future. LMA’s are entered into by the Chief Executive Officer, under delegation.
When an LMA is entered into as part of a land division, that Agreement is attached by the Lands Title Office (LTO) to the existing Certificate(s) of Title of the affected allotment(s). This provides an enforceable Agreement that relates to the property regardless of the ownership of that property, which may change over time. It also ensures that potential purchasers are put on notice prior to any sale that conditions set out in the LMA will continue to apply to that land.
As the land division progresses to create the new allotments set out in the Plan of Division, for the LMA to continue to be enforceable over the new allotments it must be attached to the new allotments as they are formally created.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
28 Date Printed: 13 February 2014
Formal creation of the allotments occurs when the developer deposits with the LTO a Plan of Division which will create a new Certificate of Title for each new allotment. It is a requirement of Section 223LH(1)(A) of the Real Property Act 1886 that registered interest holders in the land are asked to consent to the creation of the new Certificate of Title for each allotment. In the case of councils as registered interest holders, the LTO requires that consent is granted through affixing the Council Seal and the signatures of the Mayor and CEO to the Certificate of Consent for the Deposit of a Plan of Community Division form.
3. Financial Implications
There are no financial implications for this process, apart from the staff time to prepare this report, as it is an administrative requirement of the LTO.
4. Risk and Opportunity
There is no risk associated with this report as the LMA is required to be placed on the relevant Titles by the LTO.
5. Discussion
On 8 May 2013, Shine Light Trading Pty Ltd submitted Development Application 145/6022/2013 which was approved by council staff under delegation on 21 June 2013.
Development Application 145/6022/2013 approved the land division of one (1) allotment [DP82534 Lot 636] on the corner of Deck Crescent and Cannon Lane, Seaford Meadows into five (5) allotments. The location can be seen:
In the approved Plan of Division at Attachment 1;
Within the broader context of the Seaford Meadows Estate at Attachment 2; and
Through aerial photography over the relevant site at Attachment 3.
The LMA that exists on the land was negotiated with the original developer, Land SA Pty Ltd, in 2005 over the whole of the Seaford Meadows Estate. This LMA is currently registered on the Certificate of Title for DP 82534 Lot 636 (Attachment 2) as interest 11210922.
This LMA relates to all residential allotments to be created within the Seaford Meadows development requiring:
A developer to provide reticulated ‘third pipe’ water supply for each allotment; and
Energy efficiency guidelines for all dwellings be controlled via an encumbrance.
The developer has submitted the Plan of Division approved by Council in Development Application 145/6022/2013 to the LTO seeking formal creation of the five (5) new allotments. The LTO now seeks the consent of any registered interest holder in DP82534 Lot 636 to issue the new Certificates of Title over the five new allotments; those being C28002 Lots 1-5. The LTO advises that the effect on Council’s interest will be ‘Nil’ as the existing LMA will also be registered as an interest, interest A11210922, on the new allotments.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
29 Date Printed: 13 February 2014
As a registered interest holder on C28002 Lots 1-5, through interest A11210922, this report now seeks authority to provide Council’s consent on the Certificate of Consent for the Deposit of a Plan of Community Division form at Attachment 4.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
30 Date Printed: 13 February 2014
Attachment 1
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
31 Date Printed: 13 February 2014
Attachment 2
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
32 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
33 Date Printed: 13 February 2014
Attachment 3
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
34 Date Printed: 13 February 2014
Attachment 4
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
35 Date Printed: 13 February 2014
9.3 Petition - requesting extension of the Seaford Skate Park H2
An online petition containing three hundred and forty nine (349) signatures has been received requesting Council extend the Seaford Skate Park.
This is a regular or standard report.
Director: Kirk Richardson, Director City Operations
Report Author: Andrew Queisser, Asset Planner Community Assets
Contact Number: 8384 0088
Attachments: 1. Location map (1 page)
1. Recommendations
1. That a Project and Capital Works bid of $50,000 for minor facility
improvements, excluding the skate trail to the Seaford Skate Park be included for consideration as part of the 2014-15 budget process.
2. That any further improvements, including the development of a skate trail,
to the Seaford Skate Park be informed by the completion of the Skate Park Implementation Plan and the Seaford District Centre - 3 Parks Reserve
Concept Plan.
3. Council note that a City Wide Skate Park Implementation Plan defining
Council’s provision of skate parks across the City will be developed by mid-
2014 with the outcomes reported via the Strategic Directions Committee.
4. That the head petitioner be notified of Council’s decision.
2. Background
An online petition containing three hundred and forty nine (349) signatures was received by Council at its 15 October 2013 meeting (Item 13.1).
A YouTube video was also presented as part of a deputation by the head petitioner at the same meeting (Item 7.1). The YouTube video can be viewed at http://youtu.be/iu7BsaIDmxo
Council subsequently resolved in part:
‘2. That the matter be investigated and a further report be presented to Council by February 2014.’
Discussion
The Seaford Skate Park petition is the third skate park petition received by Council in the past 12 months. Petitions requesting an extension to the Aldinga Skate Park and the establishment of a state-of-the-art skate park adjacent to Christie Downs railway station were received at the 26 February 2013 meeting (Item 9.14) and 13 August 2013 Council meeting (Item 13.1) respectively.
Seaford Skate Park is located in Quarry Park within the Seaford District Centre (SDC) (Attachment 1).
The draft Sports and Active Recreation Strategy (SARS) does not propose expansion of the Seaford skate facilities. It does however propose the area be enhanced through the installation of a toilet and modifications to the existing BMX
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
36 Date Printed: 13 February 2014
facilities (dirt jump, pump track). These projects are funded in the current financial year.
A City Wide Skate Park Implementation Plan is proposed to be developed, building on the high level guidance and skate research completed in the draft SARS. The implementation plan would assess the 12 existing skate facilities including the Seaford Skate Park and Skate Parks within the broader southern region subsequently identifying the number and preferred location(s) for either advanced, intermediate or beginner skate facilities required within the city as well as providing a clear service level in turn informing future project and capital works priorities and budgets. The implementation plan can be undertaken within existing resources and will be completed by mid-2014.
Quarry Park is one of three key open spaces within the Seaford District Centre. The two other key open spaces are the Seaford Town Square and the Wetland Detention Basin (see Attachment 1). Structure planning for the District Centre is currently in progress and as presented at the 21 January 2014 workshop the 3 Parks Reserve Concept Clan for the District Centre is due to commence shortly with a draft expected to be completed in May 2014. The concept plan will provide detail on the future role and relationship of active and passive recreation within and between the three key parks and will also inform the minor facility improvement works proposed in this report.
Engagement
Direct engagement with the head petitioner and users of the Seaford Skate Park has been undertaken. It identified that the existing facility appeals to a variety of users due to its flow, which relates to a combination of transition angles, obstacles and smoothness within the current facility. Other positive features noted by users included location to transport options, nearby facilities, safety and its ability to cater for beginners and intermediate users.
Minor Facility Improvements:
A review of the YouTube video presented at the 15 October 2013 Council meeting and direct engagement feedback identified the following minor facility improvements:
shade shelters
toilet (already budgeted)
lights: an extension to the hours of operation
concrete pads extension surrounding the park
reinstatement of the sliding rail
line marking to highlight the parks directional flow and ramp edges along with assisting to address skate park etiquette
drinking fountain
skate trail: The development of a skate trail with rails, boxes and other suitable infrastructure. This would provide another user experience and possibly separate different skill levels within user groups and subsequently alleviate overcrowding
general maintenance.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
37 Date Printed: 13 February 2014
Advanced Level Facility:
The user engagement also identified that beginners, intermediate and advanced users frequent the facility at the same time. It was noted that beginners have limited understanding of skate park etiquette and an inability to ‘read’ the flow of users and the facility. Subsequently they can unintentionally create a risk to other park users. A media article referencing an incident involving a beginner and intermediate user of the Seaford Skate Park was published on Adelaide Now on 8 November 2013 and highlights this issue.
It was considered that while the minor facility improvements may assist in minimising the risks to users, those engaged believed an advanced area was still required to help separate user groups.
The feedback further suggested that the existing facility does not cater to advanced users and thereby this group was not able to develop their skill set at this location. It was suggested that the development of a bowl structure (either single or double bowl) would enable users to continue their skill development in addition to separating the user groups.
The engagement identified a strong desire for a high level, quality facility within the city and it was noted that while the Seaford Skate Park was their preference, they felt that all users would embrace the development of a high level facility suitable for State and National competitions/events in an accessible location within the city.
Additional Requests:
In addition to the direct engagement, council has also received requests from SAPOL and the Seaford District Residents Association regarding the introduction of a Dry Zone encompassing Quarry Park. Submissions from both groups note undesirable behaviour (not just linked to youth) at Quarry Park and the broader SDC area (SAPOL). While not directly linked to the proposed expansion, this does highlight the need to undertake broader community engagement regarding the area as proposed in the aforementioned Seaford District Centre - 3 Parks Reserve Concept Plan.
Status Update – Aldinga and Christie Downs
As noted above, petitions regarding skate facilities in Aldinga and Christie Downs have been received.
A master planning project to review the provision of the skate park and broader activity opportunities in Symonds Reserve, Aldinga has been included in the Project and Capital Works program for consideration in future budgets.
The Christie Downs Renewal 20 Year Precinct master plan will examine a variety of issues including open space and recreation in context of the draft SARSMP, including potential skate facilities. Council is in the process of engaging a consultant to develop the master plan which is anticipated to be completed by July 2014 and will involve extensive stakeholder and community involvement.
The proposed City Wide Skate Park Implementation Plan would add further value to the aforementioned planning processes and subsequently assist in determining council’s future directions regarding the Christie Downs and Aldinga skate park requests.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
38 Date Printed: 13 February 2014
3. Financial Implications
Projects to complete the SDC 3 Parks Concept Plan incorporating Quarry Park, install a toilet and upgrade the BMX track of Quarry Park have been allocated funding in the 2013-14 budget and are scheduled to be completed by June 2014.
Initial cost estimates suggest that the minor facility improvements, excluding the skate trail, could be completed for $50,000.
The City Wide Skate Park Implementation Plan will be lead and managed by internal resources with some external research required to support the investigation estimated at $15,000 and sourced from existing approved budgets.
4. Risk and Opportunity
Key
risks/opportunities
Details & Analysis
City wide need This is the third skate park related petition received by Council in 2013. Moreover, the draft SARSMP notes several upgrades to
existing skate facilities through the city.
The expansion of this site needs to be considered against other city wide skate priorities to ensure equity in provision for all
residents and visitors.
Delivery of
disconnected projects
uninformed by strategic activity
centre planning.
Currently there is no existing concept plan for Quarry Park and the
delivery of facilities to date has occurred in a haphazard manner.
Space is limited at Quarry Park, subsequently a coordinated plan for the best location and coordination of facilities is required. This
plan will be developed through the 3 Parks Reserve Concept a component of the Seaford District Centre Structure Plan under
development.
For this reason, the minor facility improvement works is proposed to be included for consideration as part of the 2014–15 budget
process. If allocated, these improvements would be informed by the Seaford 3 Parks Concept and delivered as the first stage of the
broader SDC upgrade. This approach would also improve the usability and amenity of Quarry Park for the users of the skate
park and others utilising existing adjacent facilities.
Engagement and communication with
key stakeholders and
affected communities
Due to the numerous current and future strategic planning works associated with the 20 Year Seaford District Centre Structure Plan;
there is a risk of replication and/or over engagement.
Subsequently, stakeholders may become apathetic towards the process or conversely have raised expectations.
Incorporation of these projects into the strategic action plan for the Seaford District Centre and 3 Parks Concept will ensure
engagement efficiency and clear communication channels with all
key stakeholders is maintained. It will also enable a clear plan for the future of all active and passive recreation spaces in the SDC is
articulated to the affected community.
Management of short
term pressures and
resultant risk of increase in anti-social
behaviour
The Adelaide City Council has advised that the lease over the City
Skate Park facility will not be renewed. Subsequently, the City
Skate Park will close on or near the 18 June 2014 to enable the construction of the new Royal Adelaide Hospital. The City Skate
Park will not reopen in this location. The development of a similar city based skate facility is subject to funding. Closure of
City Skate in 2014 will increase user pressures on the Seaford
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
39 Date Printed: 13 February 2014
Facility which will be easily accessible via the new electrified train
line. The Neighbourhood Policing team responsible for the SDC have
been working with the Seaford District Centre Structure Plan
Project Team across the last 12 months on a safety audit and review of the existing centre.
As a result of this discussion, council staff are in the process of considering a request for a Dry Zone to be established in Quarry
Park and other major meeting points within the SDC, including the new Seaford Interchange. If successful, the Dry Zone would
enable police to better manage any resultant anti-social behaviour.
Pressures on Quarry Park for a range of
different recreation
facilities
Funding has been allocated to projects associated with the BMX upgrade and construction of a new toilet facility at Quarry Park.
These projects, along with any future upgrades to the skate park
need to be considered on balance as part of a coordinated plan across all recreation spaces in the SDC. This will ensure the best
possible active and passive recreation space for all users of the SDC.
Summary
It is proposed that the aforementioned minor facility improvements to the Seaford Skate Park, excluding the skate trail, be submitted for consideration in the 2014-15 Project and Capital Works budget process. The inclusion of the skate trail and/or an advanced level facilities at Quarry Park will be determined by the findings of the Skate Park Implementation Plan and the Seaford District Centre - 3 Parks Reserve Concept Plan.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
40 Date Printed: 13 February 2014
Page left intentionally blank
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
41 Date Printed: 13 February 2014
Attachment 1
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
42 Date Printed: 13 February 2014
Page left intentionally blank
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
43 Date Printed: 13 February 2014
9.4 Dog registration and dog management 2014-15 This report provides the proposed dog registration fees for the 2014-15 financial year. This report identifies proposed initiatives that can be implemented in accordance with our Animal Management Plan 2011-16 to assist in maximising registration, identification and desexing of dogs within our City.
Director: Donna Barchiesi, Director People, Governance and Regulatory Services
Report Author: Laura Galdes, Project Officer
Ian Hawkins, Manager Community Safety
Contact Number: 8384 0679
Attachments: 1. 2013-14 Registration fee comparison (1 page)
1. Recommendations
1. That the report be received.
2. That the following be recommended to the Minister for Environment and
Conservation as the dog registration fees for the City of Onkaparinga for the
2014-15 financial year:
Annual registration fee $60
Rebate for desexed dogs 25% of the annual registration fee
Rebate for microchipped dogs 10% of the annual registration fee
Rebate for appropriately trained dogs 25% of the annual registration fee
Fee for guide, hearing & disability dogs No fee
In addition, discount for concession card holders
50%
Rebate for working dogs 75% of the annual registration fee (no other rebate to apply)
Rebate for racing greyhounds 75% of the annual registration fee (no other rebate to apply)
Fee for business registration 3. 1-9 dogs $155 4. 10-19 dogs $285 5. 20-29 dogs $440
30+ dogs $600
Fee for transfer of registration or issue of replacement discs
$5
Fee for late registrations $13
Impounding fee $66.60
Impounding fee after hours $68.70
Daily holding fee (customer) $25.00
Boarding kennel inspection fee $45.00
3. That Council endorse free first year registration of dogs adopted from the Royal Society for the Prevention of Cruelty to Animals (RSPCA) or Animal
Welfare League (AWL).
4. That subject to approval of these fees by the Minister for Environment and
Conservation, the registration fees set out in the Fees and Charges Schedule be amended to reflect the 2014-15 approved dog registration fees.
2. Background
The Community Ranger service provides comprehensive animal management services consistent with the requirements of the Dog and Cat Management Act 1995. Our services include:
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
44 Date Printed: 13 February 2014
Advice (education) on dog management including responsible dog ownership, dog behavioural issues and legislation;
Attend and resolve situations involving aggressive dogs or dogs wandering at large that pose safety concerns to the general public;
Investigate complaints under the Dog and Cat Management Act 1995 and by-laws;
Prepare proceedings for offences under the Dog and Cat Management Act 1995;
Community engagement through events including celebration of Minkarra Dog Park’s first anniversary and the highly successful Paws on the Shores;
Dog management services are provided 7 days a week, 24 hours a day.
Key measures of our dog management services are contained in the following table:
Table 1 – Key dog management measures
Onkaparinga South Australia
2011–12 2012–13 2012–13
Registered dogs 31,045 32,866 297,714
Concession card holders 35% 35% Not comparable
Desexed dogs 74% 73% 67%
Microchipped dogs 56% 60% 52%
Obedience trained dogs 6% 7% 6%
Dogs wandering / pick ups 1326 1,938 Not comparable
Reports of dog attack / harassment 349 271 Not comparable
Council last increased its dog registration fees in 2011-12, when the maximum fee was raised from $50 to $55. It is proposed that the maximum annual registration fee now be raised to $60. Council previously established a fee for business registration at $60 per dog; it is now recommended that business registration fees be set within bands based on the maximum number of kennels at which dogs are bred or trained or kept for the provision of security services involving dogs.
We have found that the number of dogs on business premises vary throughout the year. This has caused inconsistencies when determining the total fee payable by a business when the fee is ‘per dog’. The proposed fee structure for business registration is based on the maximum number of kennels available for breeding, training or security services irrespective of the number of dogs on the premises at any one time. The fees are based on businesses of 10, 20, 30 and 40 kennels respectively and average $15 per dog.
This report also recommends free first year registration for dogs adopted from the RSPCA or AWL.
Research has shown that intact dogs are more likely to exhibit behavioural problems such as territorial marking, barking, destructiveness and aggression and are more likely to wander than desexed dogs. Studies of the Dog and Cat Management Board confirmed benefits of de-sexing dogs include improvement in the sociability of dogs, and a reduction in unwanted litters.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
45 Date Printed: 13 February 2014
Microchipping provides a means of identification of dogs and improves the return rate of wandering dogs even if they are not wearing a collar or registration tag. Microchipping also provides legal proof of ownership if a dog is stolen.
Council’s Animal Management Plan establishes a number of objectives that are met by the recommendations of this report. In particular, the incentive to adopt your next dog from the RSPCA or AWL will assist in meeting the following key performance targets, aims and actions outlined in the plan:
increase in dog registration
increase in dogs reunited with owners after wandering
minimise nuisance dog behaviour
reduction in dog harassment and attack
promote and support initiatives of RSPCA and Veterinarians.
Council’s primary incentive to encourage desexing, microchipping and training is the provision of rebates on the annual dog registration fee. Current rebates provide for a discount of 25% for de-sexing, 25% for training and 10% for microchipping. As the annual registration fee increases the incentive to de-sex and microchip increases. Currently 81% of dog owners receive one or more rebates on their annual dog registration resulting in 73% of dogs de-sexed and 60% microchipped. In spite of the high rate of desexing, the high number of dogs in our area consumes over 60% of our Ranger services. Rangers respond to an average of 300 dog attack/harassment requests per annum and collect an average of 37 dogs per week.
It is proposed to offer free first year registration for dogs adopted from the RSPCA/AWL as these dogs are already desexed and microchipped (as well as temperament tested, vaccinated and wormed) thereby further improving desexing and microchipping rates while supporting these not for profit organisations.
3. Financial Implications
The Dog and Cat Management Act 1995 (the Act) requires that all money received by council in connection with the administration of the Act must be expended in the administration or enforcement of the Act.
Council’s primary source of dog management income and key incentive to encourage de-sexing and microchipping of dogs is the annual registration fee and rebates for desexed and/or microchipped dogs. As the percentage of the registered dog population which is de-sexed and microchipped increases, registration income will decrease. To maintain council's dog and cat management services and keep registration income as a percentage of operating expenditure comparable to previous budgets will require an increase in the base registration fee over time.
The proposed fee variation (Recommendation 2) is estimated to increase dog registration income from an estimated $1,020,000 in 2013-14 to $1,160,000 in 2014-15, an increase of $140,000. The proposed bands for business registration will increase income by about $1,300. Table 2 below shows actual and estimated income and expenditure for the 2012-13, 2013-14 and 2014-15 financial years.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
46 Date Printed: 13 February 2014
Dog management budget 2012/13 2013/14 2014/15
Actual Budget Estimate
Dog registration fee $55 $55 $60
Expenditure
Operating - Direct $765,597 $950,818 $980,000
- Indirect $80,261 $82,744 $85,000
- Overheads $437,065 $450,583 $464,000
total (expenditure) $1,282,923 $1,484,145 $1,529,000
Income
dog registration ($999,891) ($1,020,000) ($1,150,000)
other ($151,650) ($185,813) ($180,000)
total (income) ($1,151,541) ($1,205,813) ($1,330,000)
Net (profit)/cost $131,382 $278,332 $199,000
RatiosIncome as % of expenditure 90% 81% 87%
Income from registration as % of expenditure 78% 69% 75%
Table 2: Dog management budget
For dog owners their dog registration fee will increase between $1 and $5 per dog subject to applicable rebates and concession.
In 2013-14 10% of dog owners paid the full registration fee of $55.00, 50% of dog owners paid between $35.75 and $49.50 and 40% of dog owners paid $27.50 or less. The effect of the proposed registration fees are detailed in table 3.
For business registration, registration fees will increase by about $40 per business.
Table 3: Proposed Registration Fees 2014-15
Dog registration fee schedule
Standard Concession
Not desexed
desexed (25% rebate)
Not desexed desexed (25% rebate)
Standard $60.00 $45.00 $30.00 $22.50
Microchipped (10% rebate) $54.00 $39.00 $27.00 $19.50
Trained (25% rebate) $45.00 $30.00 $22.50 $15.00
Trained & microchipped (25 + 10% rebate) $39.00 $24.00 $19.50 $12.00
The financial implications of offering free first year registration for dogs adopted via the RSPCA and AWL (Recommendation 3) are estimated to result in an annual reduction in dog registration income of approximately $9,000. This recommendation will save a prospective dog owner between $19.50 (if a concession card holder) and $39.00, when they adopt of a dog from the RSPCA or AWL. We estimate 280 prospective dog owners will be encouraged through this program to adopt their next dog from the RSPCA/AWL per annum.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
47 Date Printed: 13 February 2014
4. Risk and Opportunity
Table 4
Opportunity Details and Analysis
Financial An anticipated risk is that by increasing the base fee for dog registration there may be a reduction in dog
registration renewals.
This will be managed through our annual non-renewal
survey being conducted on all properties where dogs were
previously registered but not renewed.
Stakeholder Relations By implementing free first year registration for dogs
adopted from the RSPCA / AWL we foster a strong
relationship with the RSPCA and AWL.
This also provides the City of Onkaparinga with an
opportunity to act as a proactive and positive leader in animal management within our community.
Socio-political Some members of the community have expressed concern
at the level of euthanasia of impounded dogs received at the RSPCA and may subsequently be critical of our
support of the RSPCA.
This risk will be managed through effective communication
of the key message that desexed dogs are less likely to
wander and microchipped dogs are more likely to be returned, instead of impounded. Further, the
responsibility and care of each dog rests with its owner and combined these strategies should result in less dogs
being impounded and more dogs being re-homed. Further dogs re-homed from the RSPCA/AWL are desexed,
microchipped, temperament tested and vaccinated.
Financial The loss of registration income from free first year registration of dogs adopted from the RSPCA / AWL is
minor in comparison to dog registration income and will
ensure dog owners receive registration renewal reminders in the next and subsequent years.
Human Resources The recommendations of this report will only have a minor impact on the Community Safety Section’s operating
arrangements (work load) for staff within the Section.
5. Discussion
Dog registration fees 2014-15 (Recommendation two)
The recommended variation in the annual maximum dog registration fee to $60.00 is consistent with the maximum fee currently set by the Minister and would place our fees respectively in line with adjoining councils (see Attachment 1). The initiatives proposed seek to target and motivate the small portion of dog owners who currently do not de-sex or microchip their dogs.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
48 Date Printed: 13 February 2014
Proposed free first year registration for dogs adopted from the RSPCA and AWL (Recommendation three)
Under this proposal all residents who adopt a dog from the RSPCA or AWL will be eligible for free first year registration on presentation of proof of adoption from the respective organisations. All dogs adopted from the RSPCA and AWL that are introduced into our community are desexed, microchipped, temperament tested and vaccinated, therefore reducing rates of aggression (nuisance behaviour/attacks) and wandering. Adopting a dog from a shelter reduces the euthanasia rate of uncollected dogs and increases the portion of registered dogs within our community that are desexed and microchipped.
In addition, this initiative allows us to capture details of dogs and their owners (who may otherwise not register their dog) and will assist us in our annual registration non-renewal follow-up program.
The proposal, if adopted, will be promoted at the RSPCA and Animal Welfare League shelters, through the City of Onkaparinga dog registration renewal process, web site and in veterinary clinics.
Other South Australian local councils (City of Port Adelaide and Enfield and City of Playford) have delivered similar programs and have had excellent, but manageable take up rates and positive public perception. In the 2012-13 financial year 140 people in the City of Playford attained and used the voucher that provided them with the free dog registration for the first 12 months.
Legislation
The Dog and Cat Management Act 1995 requires councils to set the level of registration fees for dogs within their area. The Minister for Environment and Conservation sets an upper limit for these fees and requires councils to seek approval for proposed changes to dog registration fees. The Act is silent on the proposals for free first year registration however such schemes are in place in other councils.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
49 Date Printed: 13 February 2014
Attachment 1
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
50 Date Printed: 13 February 2014
Page left intentionally blank
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
51 Date Printed: 13 February 2014
9.5 Place Naming Application - Antony Street Reserve, Christie Downs report H2
We have received an application to formally name an open space in Christie Downs commonly known as Antony Street Reserve.
This is a new proposal, concept or issue.
Director: Philomena Taylor, Director Community Relations
Report Author: Jacqui Vandenbroek, Engagement Officer (Communications)
Contact Number: (08) 8384 0598
Attachments: 1. Map of Antony Street Reserve, Christie Downs (1 page)
2. Place Naming Policy (7 pages)
1. Recommendation
That Council approve staff undertake community engagement on the place
naming application (Helen Ellis Reserve) and the common name (Antony Street Reserve) for the open space in Christie Downs bounded by Antony and Godfrey
Streets in accordance with our Place Naming Policy.
2. Background
The open space in Christie Downs bounded by Antony Street in the west and Godfrey Street in the south (Attachment 1) is commonly named Antony Street Reserve in accordance with our Place Naming Policy (Attachment 2). Generally, public places are named after a prominent adjoining street, locality indicator or a suburb. This provides an easy and practical reference for the local community, users and emergency services.
Our approach is that a reserve should take the name of the side street not the main street because a main street will potentially have a number of open spaces adjoining it.
Place Naming Application - Helen Ellis Reserve
The place naming application has been received from Better Together Christie Downs, an action group bringing together residents and local community partners who are passionate about building on existing pride and strength through opportunities for people to participate, be connected and have ownership within their community.
Helen Ellis (born 13.12.1974 and died 8.5.2013) is formerly a resident of Godfrey Street, residing approximately 100m from the reserve that is subject to this application.
Helen was an advocate and active volunteer for her community and her participation included Better Together Christie Downs, Christie Downs Urban Regeneration Community Reference Group, and Chairperson of Ramsay Place Committee which steered the Activate Ramsay Place and Living Communities projects.
Helen was part of a group which advocated for development in this reserve resulting in the installation of new playground equipment and a goanna sculpture.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
52 Date Printed: 13 February 2014
The place naming application is endorsed by Helen’s family, and is accompanied by letters of support from Elizabeth Becker, Senior Social Worker at GP Plus Super Clinic and Gay Thompson, Member for Reynell.
3. Financial Implications
All costs associated with place naming will be provided through existing operational budgets including reserve signs (approximately $500) and public notices (varying costs).
4. Risk and Opportunity
Key risk/opportunity Details and analysis
Proposed name may not be widely accepted by our communities.
Community engagement will be undertaken to determine our communities’ preferred name for the open space. The outcome will form part of the report to Council to inform the decision.
5. Discussion
It is proposed that we consult with our communities on the place naming application (Helen Ellis Reserve) and the common name (Antony Street Reserve) for the open space.
Notification of the place naming application will be placed in Onkaparinga News and posted to residents/properties within 500m of the reserve including a feedback form and a reply paid envelope.
Considerations
European or Aboriginal history The open space is not located within an area of great cultural significance and sensitivity
to Kaurna people
Heritage or the locality or place The reserve is approximately 100m from Helen Ellis’ former residence.
Topography or physical attributes of the locality or place to be named
The reserve is located on Antony Street, Christie Downs.
Uniqueness Helen Street is approximately 850m to the
west. The name ‘Helen Ellis’ is distinct from the name ‘Helen’, and the street is not in
immediate proximity to the reserve.
Sources for place names Antony Street Reserve- generally public places are named after adjoining streets.
Helen Ellis Reserve-this is a
commemorative name to honour a local person, now deceased
Dual naming A dual name is not proposed in this instance.
Propriety The names Helen Ellis and Antony are of suitable character.
Place names should be of 50 characters of
fewer
Both names are less than 50 characters
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
53 Date Printed: 13 February 2014
Based on this assessment in accordance with our Place Naming Policy, both names are deemed appropriate for this reserve.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
54 Date Printed: 13 February 2014
Attachment 1
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
55 Date Printed: 13 February 2014
Attachment 2
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
56 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
57 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
58 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
59 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
60 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
61 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
62 Date Printed: 13 February 2014
Page left intentionally blank
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
63 Date Printed: 13 February 2014
9.6 Elected Member attendance at Adelaide Velo-City Global 2014 Celebration of Cycling Conference This report seeks approval for Cr Peter Schulze to attend the Velo–city Global 2014 Celebration of Cycling Conference in Adelaide.
This is a regular or standard report.
Director: Donna Barchiesi, Director People, Governance and Regulatory Services
Report Author: Karen Ingram, Governance Officer
Contact Number: 8384 0678
Attachments: 1. Application to attend a training course or conference
(1 page)
2. Adelaide Velo–city Global 2014 Celebration of Cycling
Conference details (4 pages)
1. Recommendation
That Council approve the application and the associated costs for Cr Peter
Schulze to attend the Velo–city Global 2014 Celebration of Cycling Conference in
Adelaide on 27–30 May 2014.
2. Background
The ‘Elected Member Allowance, Benefits and Support Operating Procedure 2013’ adopted by Council on 10 December 2013 provides the opportunity for Elected Members to attend training courses and conferences.
Approval is required by Council if the total cost is over $1,000 and/or interstate.
In addition, the ‘Elected Member Orientation, Induction, Training and Development Plan 2011’ approved by Council, sets out a program for the continued development of the Elected Members. The Plan provides for training options:
Part 1 – Elected Member Team Development
Part 2 – Local Government Association Education and Training Service Program
Part 3 – Elected Member Development
This conference falls under Part 3 – Elected Member Development as a Community decision making training opportunity.
3. Financial Implications
The approximate cost would be $1,305 which includes:
Conference registration fee of $1,265
Public transport costs for four days $40
Funds are available to meet the costs of the conference.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
64 Date Printed: 13 February 2014
4. Risk and Opportunity
Not applicable.
5. Discussion
An application to attend the Adelaide Velo–city Global 2014 conference has been received from Cr Peter Schulze and is included as Attachment 1.
In accordance with the ‘Elected Member Allowance, Benefits and Support Operating Procedure 2013’ a decision of Council is required to approve attendance at the Velo–city Global 2014 Celebration of Cycling Conference in Adelaide.
As per item 2.2.10 of the ‘Elected Member Allowance, Benefits and Support Operating Procedure 2013’ Elected Members attending training courses or conferences shall provide an assessment of the conference to Council via Weekly News.
The program for the Adelaide Velo–city Global 2014 Conference is included as Attachment 2.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
65 Date Printed: 13 February 2014
Attachment 1
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
66 Date Printed: 13 February 2014
Attachment 2
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
67 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
68 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
69 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
70 Date Printed: 13 February 2014
Page left intentionally blank
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
71 Date Printed: 13 February 2014
9.7 Review of Confidential Items The report seeks to review the Confidential Orders for specific confidential items previously made by Council.
This is a regular or standard report.
Director: Donna Barchiesi, Director People, Governance and Regulatory
Services
Report Author: Therese Brunotte, Senior Governance Officer
Contact Number: 8301 7228
Attachments: 1. Confidential Register (5 pages)
1. Recommendations
1. That with respect to the following five items, Council remains satisfied that
the previously relied on grounds of Section 90(3)(b) remain relevant in that the disclosure of which (i) could reasonably be expected to confer a
commercial advantage on a person with whom the council is conducting or
proposing to conduct business, or to prejudice the commercial position of the council; and (ii) would, on balance, be contrary to the public interest.
Seaford District Centre - development and land considerations refer item 11.2 on 15 November 2011
Water Business Unit refer item 15.2 on 6 December 2011
Confidential Futurtec Project - Update refer item 15.2 on 2 October 2012
Confidential update report on the proposal to sell a council reserve at White Court Aldinga Beach refer item 15.1 on 13 November 2012
Aldinga Community Facilities Feasibility Study refer item 15.1 on 5 February 2013.
2. That with respect to the following item, Council remains satisfied that the
previously relied on grounds of Section 90(3)(d) remain relevant in that
the disclosure of commercial information of a confidential nature (not being a trade secret) the disclosure of which (i) could reasonably be
expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and
(ii) would, on balance, be contrary to the public interest.
Consent to register a caveat on a title of private land at Aldinga Beach refer item 15.2 on 21 August 2012
3. That with respect to the following item, Council remains satisfied that the previously relied on grounds of Section 90(3)(h) legal advice remains
relevant.
Confidential attachment to item 9.1 Aldinga Airfield, request to revoke condition 8 of 1977 planning approval for Authorised Landing Area refer to item 15.1 on 23 October 2012
4. That with respect to the following two items, Council remains satisfied that
the previously relied on grounds of Section 90(3)(j) remain relevant in that the disclosure would divulge information provided on a confidential basis
by or to a Minister of the Crown, or another public authority.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
72 Date Printed: 13 February 2014
South Adelaide Football Club proposal refer to item 15.2 on 4 December 2012
Southern Sports Complex Funding update refer to item 15.2 on 5 February 2013
5. That with respect to the following items, Council remains satisfied that the
previously relied on grounds of Section 90(3)(a) information with the
disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead).
Council remains satisfied that it is reasonably foreseeable that the public disclosure or discussion of information concerning the employment
performance of a person at the meeting would be inconsistent with accepted principles of professional human resource management.
Chief Executive Officer Panel Minutes refer to item 11.1 on 4 October 2011
Appointment of new Chief Executive Officer refer to item 11.2 on 4 October 2011
Chief Executive Officer Performance Review Committee minutes refer to item 15.2 on 13 November 2012
2. Background
Section 90(3)(a)-(n) of Local Government Act 1999 (the Act) sets out the instances that allow Council to consider matters in confidence and keep relevant reports, documents and discussions confidential. Section 91(9)(a) requires an annual review of any order more than 12 months old.
3. Financial Implications
Nil.
4. Risk and Opportunity
Regular reviews of reports or documents that are the subject of a Confidentiality Order ensures that items are released to the public, in accordance with Council resolution and in a timely manner.
To assist the public in locating documents easily, we have taken a best practice approach to release of confidential information by developing a Confidential Reports Register which can be found on our website.
5. Discussion
Orders that have either reached the date or event stated on a Confidential Order, are released from confidentiality in accordance with the approved date and event and are accessible on council’s Confidential Register.
However, a Confidential Order that operates for more than 12 months must be reviewed annually. The purpose of the review is to ascertain whether the original circumstances and reasons for confidentiality remain, as such the confidentiality Order should remain. There is no need to remake the Order.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
73 Date Printed: 13 February 2014
If the expiration date on the original order is approaching, and there remains a need for Council to keep the matter confidential, then a new Order must be made.
The details of the confidential Orders that have been reviewed are contained in Attachment 1 to this report.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
74 Date Printed: 13 February 2014
Attachment 1
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
75 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
76 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
77 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
78 Date Printed: 13 February 2014
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
79 Date Printed: 13 February 2014
10. Nominations to external bodies Nil.
11. Questions on notice Nil.
12. Motions Nil.
13. Petitions Nil.
14. Urgent business
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
80 Date Printed: 13 February 2014
Page left intentionally blank
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
81 Date Printed: 13 February 2014
15. Confidential items Confidential Clause
If Council so determines items 15.1 to 15.4 may be considered in confidence under Section 90(2) of the Local Government Act 1999 on the grounds contained in the Recommendations below.
Mark Dowd Chief Executive Officer
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
82 Date Printed: 13 February 2014
Page left intentionally blank
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
83 Date Printed: 13 February 2014
15.1 Contract Award - Concrete Works - Kerb Repair Works - contract number 13063
Recommendations
1. That:
a. under the provisions of Section 90(2) of the Local Government Act 1999 an order be made that the public be excluded from attendance at the meeting in order to consider in confidence this item.
b. the Council is satisfied that it is necessary that the public be excluded to enable the Council to consider the report at the meeting on the
following grounds:
Section 90(3) (k) tenders for the supply of goods, the provision of services or the carrying out of works;
The Council is satisfied that it is reasonably foreseeable that the public disclosure or discussion of the information at the meeting may:
prejudice the commercial position of the companies that supplied
the information; or
confer a commercial advantage on a third party; or
prejudice any ongoing negotiations with the preferred supplier
potentially causing damage to the interests of the Council.
c. accordingly, on this basis the principle that meetings of the Council
should be conducted in a place open to the public has been outweighed by the need to keep the information or discussion confidential.
5. That the matter of Contract Award - Concrete Works – Kerb Repair Works, Contract Number 13063 having being considered in confidence under
Section 90(2) and 90(3)(k) of the Local Government Act 1999 an order be made under the provisions of Section 91(7) and (9) of the Local Government Act 1999 that the Contract Award - Concrete Works – Kerb
Repair Works, Contract Number 13063 and the minutes and the report of the council relating to discussion of the subject matter, with the exception
of part 2 of the recommendation and resolution, be kept confidential until the contract has been awarded and signed.
6. That, pursuant to Section 91(9)(a) of the Local Government Act 1999, Council delegates the duty to conduct an annual review of the confidentiality order to the Chief Executive Officer, or his sub-delegate.
7. That, pursuant to Section 91(9)(c) of the Local Government Act 1999, Council delegates the power to revoke the confidentiality order to the Chief
Executive Officer, or his sub-delegate.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
84 Date Printed: 13 February 2014
Page left intentionally blank
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
85 Date Printed: 13 February 2014
15.2 Tier 1 Event Recommendations
1. That
a. under the provisions of Section 90(2) of the Local Government Act 1999 an order be made that the public be excluded from attendance at
the meeting in order to consider in confidence this item.
b. the Council is satisfied that it is necessary that the public be excluded
to enable the Council to consider the report at the meeting on the
following grounds:
Section 90(3)(j) information the disclosure of which -
(i) would divulge information provided on a confidential basis by or to a Minister of the Crown, or another public authority or official (not
being an employee of the council, or a person engaged by the Council); and
(ii) would, on balance, be contrary to the public interest;
c. accordingly, on this basis the principle that meetings of the Council should be conducted in a place open to the public has been outweighed
by the need to keep the information or discussion confidential.
3. That the matter of the Tier 1 Event having been considered in confidence
under Section 90(2) and 90(3) (j) of the Local Government Act 1999 an
order be made under the provisions of Section 91(7)and (9) of the Local Government Act 1999 that the Tier 1 Event and the minutes and the report
of the Council relating to discussion of the subject matter be kept confidential until 1 August 2014.
4. That, pursuant to section 91(9)(a) of the Local Government Act 1999, Council delegates the duty to conduct an annual review of the confidentiality
order to the Chief Executive Officer, or their sub-delegate.
5. That, pursuant to section 91(9)(c) of the Local Government Act 1999, Council delegates the power to revoke the confidentiality order to the Chief
Executive Officer, or their sub-delegate.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
86 Date Printed: 13 February 2014
Page left intentionally blank
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
87 Date Printed: 13 February 2014
15.3 Chief Executive Officer Performance Management Committee confidential minutes Recommendations
1. That:
a. under the provisions of Section 90(2) of the Local Government Act 1999 an order be made that the public be excluded from attendance at the meeting in order to consider this item in confidence.
b. the Council is satisfied that it is necessary that the public be excluded to enable the Council to consider the report at the meeting on the
following grounds:
Section 90(3)(a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs
of any person (living or dead), in this instance being the employment performance of the Chief Executive Officer.
The Council is satisfied that it is reasonably foreseeable that the public disclosure or discussion of information concerning the employment
performance of a person at the meeting would be inconsistent with
accepted principles of professional human resource management.
c. accordingly, on this basis, the principle that meetings of the Council
should be conducted in a place open to the public has been outweighed by the need to keep the information and/or discussion confidential.
3. That the matter of the Chief Executive Officer Performance Management
Committee confidential minutes having been considered in confidence under Section 90(2) and 90(3)(a) of the Local Government Act 1999 an order be
made under the provisions of Section 91(7) and (9) of the Local Government Act 1999 that the Chief Executive Officer Performance Management
Committee confidential minutes and the minutes and the report of the Council relating to discussion of the subject matter be kept confidential until
31 December 2015.
4. That, pursuant to section 91(9)(a) of the Local Government Act 1999, Council delegates the duty to conduct an annual review of the confidentiality
order to the Chief Executive Officer, or their sub-delegate.
5. That, pursuant to section 91(9)(c) of the Local Government Act 1999,
Council delegates the power to revoke the confidentiality order to the Chief
Executive Officer, or their sub-delegate.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
88 Date Printed: 13 February 2014
Page left intentionally blank
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
89 Date Printed: 13 February 2014
15.4 Strategic Directions Committee confidential minutes
Recommendations
1. That:
a) under the provisions of Section 90(2) of the Local Government Act 1999 an order be made that the public be excluded from attendance at the
meeting in order to consider in confidence this item.
b) the Council is satisfied that it is necessary that the public be excluded to
enable the Council to consider a verbal report on legal advice at the
meeting on the following grounds:
Section 90(3)(h) legal advice.
c) accordingly, on this basis the principle that meetings of the Council should be conducted in a place open to the public has been outweighed
by the need to keep the information or discussion confidential.
3. That the matter of the Strategic Directions Committee confidential minutes
having been considered in confidence under Section 90(2) and 90(3)(h) of
the Local Government Act 1999 an order be made under the provisions of Section 91(7)and (9) of the Local Government Act 1999 that the legal advice
relating to the Strategic Directions Committee confidential minutes and the minutes and the report of the Council relating to discussion of the subject
matter be kept confidential until conclusion of any legal proceedings
(including appeal actions) relating to the Seaford District Centre Development Plan Amendment.
4. That, pursuant to Section 91(9)(a) of the Local Government Act 1999, Council delegates the duty to conduct an annual review of the confidentiality
order to the Chief Executive Officer, or their sub-delegate.
5. That, pursuant to Section 91(9)(c) of the Local Government Act 1999,
Council delegates the power to revoke the confidentiality order to the Chief
Executive Officer, or their sub-delegate.
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
90 Date Printed: 13 February 2014
16. Closure
City of Onkaparinga Agenda for the Council meeting to be held on 18 February 2014.
91 Date Printed: 13 February 2014
Declarations of Interest
Council Meeting Date: Councillor:
Item No. (e.g. 3.1)
Declaration of Interest (where a member has an interest that does not lead to a conflict)
Declaration of Conflict of Interest (where a member has an interest that leads to a conflict)