COUNCIL MEETING A G E N D A MEMBERS · • Thank you for support to Daniela Nudo – Community...

COUNCIL MEETING

A G E N D A

Meeting to be held in the Civic Centre, Unley Council Chambers

181 Unley Road Unley On Tuesday 28 January 2014 at 7.00 pm

MEMBERS His Worship the Mayor L Clyne (Presiding Member) Councillor M Hudson Councillor J Koumi Councillor A Lapidge Councillor P Hughes Councillor R Sangster Councillor M Saies Councillor M Hewitson Councillor R Salaman Councillor R Schnell Councillor D Tipper Councillor J Boisvert Councillor D Palmer ACKNOWLEDGEMENT We acknowledge that the land we meet on today is the traditional land of the Aboriginal people and that we respect their spiritual relationship with their country. We also acknowledge that the Aboriginal people are the custodians of the Adelaide region and that their cultural and heritage beliefs are still important to the living Aboriginal people today. PRAYER AND SERVICE ACKNOWLEDGEMENT Almighty God, we humbly beseech Thee to bestow Thy blessing upon this Council. Direct and prosper our deliberations for the advancement of Thy Kingdom and true welfare of the people of this city. Members will stand in silence in memory of those who have made the Supreme Sacrifice in the service of their country, at sea, on land and in the air. Lest We Forget.

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COUNCIL MEETING – ORDER OF BUSINESS WELCOME

ITEM NO

PAGE NO

APOLOGIES

CONFLICT OF INTEREST

1009 MINUTES Minutes of the Council meeting held on Monday 9 December 2013 Minutes issued separately

1

PETITION Nil

PRESENTATION Nil

DEPUTATION Nil

REPORTS OF COMMITTEES No meetings this month

1010 MAYOR’S REPORT

2

1011 DEPUTY MAYOR’S REPORT

3

1012 REPORTS OF MEMBERS a) Items of particular interest and concern b) Development Matters

4

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ITEM NO

PAGE NO

REPORTS OF OFFICERS

1013 Code of Practice – Procedures at Meetings Attachment 1 Attachment 2 Attachment 3 Attachment 4

5 – 12

1014 Property Management Policy Attachment 1 Attachment 2 Attachment 3

13 – 17

1015 Cooperative Research Centre for Water Sensitive Cities

18 – 24

1016 Access Request – Council Land – 671 South Road Black Forest

25 – 30

1017 Unley Oval Redevelopment Investigations

31 – 37

1018 2nd Quarter Budget Review 2013-2014

38 – 43

1019 Finance Report for the Quarter Ended December 2013

44 – 46

1020 Council Action Report Attachment 1

47

QUESTIONS OF WHICH NOTICE HAS BEEN

GIVEN

1021 Question on Notice – Councillor Hewitson – Options Other Than Trams for Unley Road

48

1022 Question on Notice – Councillor Salaman – Development Applications

49 – 53

1023 Question on Notice – Councillor Palmer – Rates and Street Sweeping

54

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ITEM NO

PAGE NO

1024 QUESTIONS WITHOUT NOTICE 55

1025 CORRESPONDENCE Correspondence received from:

• Royal Agricultural and Horticultural Society re 175th Anniversary

• Copy of representation from Mr Nick Stott to Council on 9 December 2013 re Palmerston Place Traffic Management proposal

• The Hon John Rau re Inner Metropolitan Council Development Plan Amendments (DPAs)

• Mayor Lorraine Rosenberg acting President of LGA re role of acting President

• Ms Fiona Pledger resident of Fullarton re parking controls in Anderson Street Unley

• Mayor Lorraine Rosenberg acting President of lGA re LGA State Election launch

• Hon Ian Hunter MLC re Natural Resources Management Plan for the Adelaide and Mount Lofty Ranges Region

• The Hon Warren Truss MP re Community Development Grants programme

• Thank you for support to Daniela Nudo – Community Grants Scheme

• Thank you for support to Tom Baily – Community Grants Scheme

• Thank you – Christmas Party for Special Children

56

MOTIONS OF WHICH NOTICE HAS BEEN GIVEN

1026 Motion on Notice – Councillor Tipper – re Low Impact Telecommunications Facilities Location in the City of Unley

57 – 58

1027 Notice of Motion – Councillor Hewitson – Rates increase 2014/15

59

1028 Notice of Motion – Councillor Hudson – re Ridge Park River Red Gum

60

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ITEM NO

PAGE NO

MOTIONS WITHOUT NOTICE

1029 UNRESOLVED ITEMS 61

CONFIDENTIAL ITEMS

1030 Confidential Motion for Item 1031 – DPTI – Rail Electrification

62 – 63

1031 DPTI – Rail Electrification

64 – 68

1032 Confidential Motion to Remain in Confidence Item 1031 – DPTI – Rail Electrification

69 – 70

1033 Confidential Motion for Item 1034 – DPTI Land

71 – 72

1034 DPTI Land 73 – 76

1035 Confidentiality Motion to Remain in Confidence Item 1034 – DPTI Land

77 – 78

PROPOSED AGENDA ITEMS FOR FEBRUARY 2014 NEXT MEETING Monday 24 February 2014 – 7.00pm

Peter Tsokas

• Community Directions Paper – A report to present the draft recommendations following the consultation and investigation into the future of the Council’s Community Centres.

• Swimming Pool Regulations • 39 Oxford Terrace • Corporate Performance Report • Library Service Review – Stage 1 • Community Engagement Review - Results of community consultation on

the Community Engagement Policy

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Chief Executive Officer

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CONFIRMATION OF MINUTES TITLE: CONFIRMATION OF MINUTES FOR COUNCIL

MEETING HELD ON 9 DECEMBER 2013 ITEM NUMBER: 1009 DATE OF MEETING: 28 JANUARY 2014 ATTACHMENTS: NIL RECOMMENDATION MOVED: SECONDED: That: 1. The minutes of the Council Meeting held on Monday 9 December 2013, as

printed and circulated, be taken as read and signed as a correct record.

(This is page 1 of the Council Agenda Reports for 28 January 2014.)

MAYOR’S REPORT TITLE: MAYOR’S REPORT FOR MONTH OF JANUARY

2013 ITEM NUMBER: 1010 DATE OF MEETING: 28 JANUARY 2014 ATTACHMENTS: 1. MAYOR’S REPORT RECOMMENDATION MOVED: SECONDED: That: 1. The report be received.


ATTACHMENT 1

MAYOR’S REPORT MAYOR’S REPORT OF ACTIVITIES AND FUNCTIONS ATTENDED

DECEMBER 2013

Tues 10 • Clarence Park Christmas with the Oldies

Wed

11 • Coffee with the Mayor Session

• Unley Mensa Christmas Luncheon

• VIP Official Launch Aspire

Fri 13 • Adjunct Professor Argue presents “WSUD”

and Green Infrastructure: a cost effective and

sustainable strategy for urban re-

development

• Mayor and Elected Members’ Christmas

Dinner

Wed 18 • Coffee with the Mayor Session

Thus 19 • RSL Christmas Drinks

Fri 20 • City of Unley Christmas Function

Sat 21 • Fullarton Plant and Garden Market

• HPCC Christmas Lunch

Sun 29 • 15th Australia and New Zealand Hungarian

Cultural Convention

CITY OF UNLEY VISION 2015

The City of Unley is recognised for its community spirit, natural and built environment, business

strength and innovative leadership.

JANUARY 2014

Tues 7 • Mayor on leave until 16 January 2014

Wed 8 • World Tennis Challenge 2014 Cr Hughes

attended on

Mayor’s behalf

Thurs 9 • World Tennis Challenge Legend’s Lunch Cr Hughes

attended on

Mayor’s behalf

Sun 12 • Blessing of the Waters Ceremony Cr Schnell

attended on

Mayor’s behalf

Fri 17 • Australia Day Luncheon 2014

3

DEPUTY MAYOR’S REPORT TITLE: DEPUTY MAYOR’S REPORT FOR MONTH OF

JANUARY 2014 ITEM NUMBER: 1011 DATE OF MEETING: 28 JANUARY 2014 ATTACHMENTS: 1. DEPUTY MAYOR’S REPORT RECOMMENDATION MOVED: SECONDED: That: 1. The report be received.


ATTACHMENT 1

Deputy Mayor’s report for January 2014 Wednesday 08 January Attended an informal meeting with the Premier of South Australia, Hon Jay Weatherill and the State Member for Ashford, Hon Steph at Coffee Craft (on South Road, opposite Black Forest Primary School). Also in attendance was a Black Forest Primary School Councillor. Spent 2 hours chatting, drinking coffee, learning about coffee and touring the front and back room facilities. I was impressed by the roasting, blending and storage facilities out the back. They roast ~ 500kg a week. The Premier was interested in local issues and achievements. He took onboard issues of concern. I congratulated him on bringing the Rolling Stones to Adelaide and explained that I received tickets as a Christmas gift (from my wife). An enjoyable 2 hours spent with the Premier before he moved on to the next engagement. Before departing I sampled an Ethiopian Yirgacheffee short black. Tasting notes: intense dark colour, spicy and fragrant, acidic with a blueberry aroma, superb. I bought 1kg of Ethiopian Yirgacheffee beans for $38. Sunday 12 January Attended the Greek Blessing of the Waters at Glenelg Jetty, officiated by Bishop Nikandros of Dorylacon. This annual event celebrates the Epiphany of Christ in the river Jordan in Judea. It was a hot day and the foreshore and jetty was crowded. A large presence of politicians and Councillors. Beach volleyball was being played nearby. Afterwards, the City of Holdfast Bay hosted refreshments for the official party; local water, a bowl of licorice all-sorts and biscuits. I was impressed by the Council Chamber and the floral arrangement on a table in the centre of the Chamber - a nice touch. Refreshed, we proceeded to a marque on the foreshore and enjoyed a feast of Greek delicacies. Mingled with the guests and had discussions with the politicians.

REPORTS OF MEMBERS TITLE: REPORTS OF MEMBERS ITEM NUMBER: 1012 DATE OF MEETING: 28 JANUARY 2014 ATTACHMENTS: 1. REPORT FROM COUNCILLOR PALMER (a) Items of particular interest, concern or urgency Mayor to invite the members to raise any items of particular interest, concern or urgency (b) Development Matters Mayor to invite the members to raise any development matters of concern.


ATTACHMENT 1

REPORT FROM COUNCILLOR DON PALMER I report to Council that when the Goodwood Oval reference group was formed we had a lack of interest from residents in joining the group. Two of the 3 from last year’s advisory group continued with one of these acting as presiding member. The members of the group (the 2 resident members, the 3 elected members, and ALL the club representatives were concerned that the general community was not represented. They agreed therefore that Jennie & I promote to the residents and see whether we can drum up some interest. Jenny drafted a letter that John Wilkinson & I contributed to and hand delivered them around a reasonable short radius around the Oval precinct. The result was that we received within 48 hours 3 written applications and a few verbal expressions of interest. Needless to say I am encouraged by this and so much so that I would suggest a similar exercise could be similarly productive. The use of elected members rather than a letter from admin is worth considering for future invitations too I would suggest.

DECISION REPORT REPORT TITLE: CODE OF PRACTICE - PROCEDURES AT

MEETINGS ITEM NUMBER: 1013 DATE OF MEETING: 28 JANUARY 2014 AUTHOR: JOB TITLE:

REBECCA WILSON MANAGER GOVERNANCE & RISK

RESPONSIBLE OFFICER: JOB TITLE:

STEPHEN FAULKNER GENERAL MANAGER PEOPLE & GOVERNANCE

COMMUNITY GOAL: O5.3 GOOD GOVERNANCE & LEGISLATIVE FRAMEWORK

ATTACHMENTS: 1. DRAFT REVISED CODE OF PRACTICE – PROCEDURES AT MEETINGS

2. CURRENT CODE OF PRACTICE – MEETING PROCEDURES

3. LOCAL GOVERNMENT (PROCEDURES AT MEETINGS) REGULATIONS 2013

4. LOCAL GOVERNMENT ACT 1999, SECTION 41

PURPOSE To provide Council with an updated Code of Practice – Procedures at Meetings (“Code”) which:

1 reflects the new Local Government (Procedures at Meetings) Regulations 2013 (“Regulations”) introduced 1 January 2014;

2 formats the layout of the Code so it is within legislative frameworks; and 3 aligns with current procedures for Council and Committees.

RECOMMENDATION MOVED: SECONDED: That: 1. The report be received. 2. The revised Code of Practice – Procedures at Meetings (Attachment 1 to

Item 1013/14) be endorsed.

(This is page 5 of the Council Agenda reports for 28 January 2014)

3. Council provide direction as to how it wishes the Section 41 Committees to operate.

BACKGROUND The Local Government Act 1999 (“Act”) provides that if a meeting procedure is not prescribed by the Act or Regulation, the Council may resolve its own procedure which then becomes part of its Code of Practice for Meetings (S86 (8)). Council has a current Code of Practice which was last reviewed and endorsed by Council on 26 November 2012. In accordance with Regulation 6, Council should review the operation of the Code of Practice at least once every financial year. With the introduction of legislative changes to the Regulations on 1 January 2014, now is an opportune time for Council to undertake the annual review of its Code of Practice. To enable the review and ensure Council is acting within legislative, statutory and Council requirements, the following documents were also considered as part of the review:

• Local Government Act 1999 (“Act”), Chapter 6

• Local Government (General) Regulations 1999

• Local Government (Procedures at Meetings) Regulations 2000 (“Regulations”)

• Local Government (Procedures at Meetings) Regulations 2013 (“New Regulations”)

• City of Unley Code of Practice – Meeting Procedures, 26 November 2012 (“Code”)

• City of Unley Code of Practice for Access to Council Meetings and Documents, 28 May 2012

• Minutes of the Council Meeting 14 May 2012 (Item 108) 26 November 2012 (Item 601) and 25 March 2013, (Item 701)

• Terms of Reference for S41 Committees

• Various legal advice received.

Whilst undertaking the review, it became apparent that the Code was not reflective of current procedures and practices and there were inconsistencies with the Act, Regulations and Section 41 Committee Terms of Reference in particular,

1. Council’s practices introduced at their discretion and contained in the current Code, meant the layout of the Code was not in line with the Regulations.


2. The Terms of Reference for Committees were introduced on the 25 March 2013; however the Code had not been amended to reflect these changes since the last review undertaken in November 2012.

Council resolved (Item 701, 25 March 2013) that the CEO in consultation with the Mayor, prepare meeting procedures for Section 41 Committees. Preparation of the Committee Meeting Protocols was underway when the draft New Regulations were released. It was opportune and necessary to base the draft Council Code and Committee “protocols” on the proposed Regulations.

The intent of the review and presentation of the revised DRAFT of the Code was not to propose any changes to the current procedures or processes, except where it was not in line with legislation or with current practices and to introduce the new mandatory Regulations.

At the elected member briefings in October 2013 and November 2013, the discussion mainly focussed on the following:

• Inclusion/exclusion of Part 2

• Inclusion of “other Business” on the Committee Meeting Agendas

• Reserving Out

• Variations to the nomination/appointment process of members to external/internal positions

• The opening protocols for Committee meetings, and

• Amendments to other supplementary procedures including; (1) Addresses by Members and no longer being required to stand

(Clause 43(1)); and (2) Electronic equipment etiquette and allowing mobile phones to be

left on in silent mode (Clause 45(1)). The amendments have now been incorporated into the attached DRAFT Code of Practice (Annexure 1) and are presented for Council endorsement.

COMMUNITY ENGAGEMENT There is no requirement to undertake community consultation on this matter.

DISCUSSION

Outline

Provisions for the conduct of meetings of Council and Council committees and the decision making processes at those meetings are prescribed by the Act and the relevant Regulations.

The Act and Regulations do not apply to the Development Assessment Panel which is established in accordance with the provisions of the Development Act 1993. The Council decides the meeting procedures at the time of establishment of the panel.


The Act and Regulations also do not apply to Reference Groups that have been established by Council.

The Act provides that if a procedure is not prescribed by the Act or Regulation, the Council may resolve its own procedure which then becomes part of its Code of Practice for Meeting (S86 (8)).

1. Code of Practice Council Meetings

The provisions of the Regulations apply to Council and committee meetings.

Council Meetings must be conducted using Part 1, Part 2 and Part 4 of the Regulations as follows:

Regulations (Attachment 3 to Item 1013/14)

The Regulations are in four parts:

Part 1 contains definitions of key terms and the Guiding Principles that should be applied with respect to the procedures to be observed at a meeting of a Council or a Council committee.

Part 2 contains the provisions that apply to:

(a) All Council meetings

(b) Meetings of a Council committee performing regulatory activities, and

(c) Meetings of any other Council committee that the Council has resolved that Part 2 will apply.

Part 3 contains the provisions that apply to meetings of all other Council Committees to which Part 2 does not apply. (At present there are no other Council Committees which fall into this category.)

Part 4 contains miscellaneous provisions that apply to all Council and Committee meetings.

Part 2 as outlined in the current Code and proposed Code is based on the Regulations, including new clauses introduced 1 January 2014 but incorporates the variations at the Councils discretion where allowed.

The DRAFT Code where Council has varied the clauses at their discretion can be identified in italics, bold text and contained by borders.

Discretionary supplementary procedures that were introduced and should not have been contained in Part 2 have now been moved to a proposed Part 5.

Part 5 encompasses Supplementary Procedures which were introduced by Council but were previously contained throughout Part 2 and 3 in the current Code and as such were in breach of the Regulations.


2. Code of Practice Section 41 Committees

When the Meeting Procedures Code of Practice was reviewed November 2012 it articulated the following:

that ‘Key Committees’ apply Part 2 of the Meeting Regulations, and

that all other Committees do not operate in accordance with Part 2 unless Part 2 is resolved to apply.

Therefore at present, Section 41 Committees also are conducted using Part 1, Part 2 and Part 4 of the Regulations, same as Council.

The application of Part 2 of the Meeting Regulations merely determines the level of formality to which Committee meetings will operate. In the absence of applying Part 2 of the Meeting Regulations to Section 41 Committees, it is then necessary for Council or each Committee (in the absence of Council) to determine its meeting procedures. (S89 (1)) The Code of Practice as adopted 26 November 2012 (resolution C601) was not amended to reflect resolution C701 moved on the 25 March 2013 as part of the review of Section 41 Committee Terms of Reference. Clause 8.1 of the Terms of Reference reads that; “The Council not apply Part 2 of the Meeting Regulations to the section 41 Committees.” Resolution C701 included the following: “The Chief Executive Officer be delegated the power to prepare Meeting Procedure Protocols in consultation with the Mayor for each of the Section 41 Committee and for the Procedures to be attached to the Terms of Reference as a Schedule”. In response to that resolution, a draft Meeting Code was prepared and workshopped with the elected Members. A final version of the Meeting Code was then prepared, and has been “on hold” pending the Gazettal by the State Government of the new Local Government (Procedures at Meetings) Regulations 2013. The new Regulations were gazetted on 12 December 2013 for commencement on 1 January 2014. Council has therefore not yet made a decision that Part 2 does not apply to Committees.

3. Section 41 Committee Meeting Procedures

All Section 41 Committee decisions constitute recommendation to Council as no Powers have been granted to Committees except for the Development Strategy and Policy Committee pursuant to Section 101A of the Development Act 1993.

The decision of Council to adopt the Terms of Reference does not revoke the Meeting Code of Practice or its contents. In fact, the position contained within the Meeting Procedures Code of Practice, being a statutory instrument, prevails over any statement that is made in the Terms of Reference that gives rise to any


inconsistency. This means that if it is intended for Key Committees to be subject to Part 2 of the Meeting Regulations and for the remaining Committees to not be subject to Part 2, this position should be stated in the Code of Practice.

Should Council not wish to conduct the Section 41 Committees in a manner similar to the Council Meetings, then as per the Act and Regulations, Council can determine replacement procedures and remove Part 2. Removal of Part 2 would then be reflected in the S41 Committees’ Terms of Reference, the Code of Practice would be updated and either amended to include the substituted procedures for Part 2 or, Meeting Protocols exclusive to the Section 41 Committees could be established.

Currently Section 41 Committees are defined as “Key Committees”. Council can change the definition of a Key Committee and define those Committees as an “Other Committee” and then operate under Part 3 and 4 of the Regulations. However, Part 3 only contains the following:

1. Notice of meetings for members 2. Public Notice of committee meetings 3. Minute requirements.

Part 4 contains:

1. Quorum for committees 2. Voting at committee meetings 3. Points of order 4. Interruption of meetings by members 5. Interruption of meetings by others

Any prescribed procedures that the Committees would like to be included for operation which are currently outlined in Part 2 would need to be determined by Council. These include how the Committee will deal with:

1. Questions; 2. Petitions; 3. Deputations; 4. Motions; 5. Amendments to Motions; 6. Variations; 7. Addresses by members; 8. Voting; 9. Divisions; 10. Tabling of Information; 11. Adjourned business; 12. Suspensions of proceedings; and 13. CEO submission of reports for recommendation of revocation or

amendment of a council decision


Council and its Section 41 Committees would not be able to operate under the current Code as adopted in November 2012 as it conflicts with the Regulations and would therefore still be required to be amended and updated. It will also require some further inclusion of Council’s discretionary practices and procedures which are not presently in this section BUT in the Draft being put forward are in Part 5.

Whether the Committee meeting procedures are documented in the Meeting Procedures Code of Practice under Regulation 6 or are set out in a separate document is an administrative matter. For example, the Committee meeting procedure protocols may be included as an annexure to the Terms of Reference for the Committee so it provides a ‘one stop shop’ for Committee members and, particularly to assist community committee members.

ANALYSIS OF OPTIONS Option 1 – Council endorse the revised Code of Practice – Procedures at Meetings (Attachment 1 to Item 1013/14). Council will have a Code that is formatted within legislative frameworks and aligns with current procedures for Council and Section 41 Committees. Option 2 – Council revokes the current Code of Practice (Attachment 2 to Item 1013/14) and operates within the Act and Regulations. Council will operate within the Act and Regulations and any previously introduced procedures and practices that Council has endorsed will not be able to be used. Should Council want to introduce any procedures or practices outside of the Act and Regulations, then a Code of Practice will be required to be drafted. Option 3 – Council endorse the revised Code of Practice – Procedures at Meetings (Attachment 1 to Item 1013/14) and review Section 41 Committee Meeting Procedures in May 2014. This option is not preferred as the Local Government Election that occurs in November 2014 will require the new Council to review the Code of Practice and make any preferred changes and also include a review of Section 41 Committees. Should the new Council decide not to proceed with the current Section 41 Committee structure, then the Code and Terms of Reference will be required to be reviewed and amended in any event.

RECOMMENDATION Option 1 is the preferred option.


CONCLUSION The purpose of the revised DRAFT Code was to work with the document currently in place and to do so without making major amendments to any traditional procedures or practice. The main aim was to ensure the( document (and therefore Council) was acting within legislative frameworks and contained an up to date reflection of practices, including incorporation of all the resolutions that had been passed for Council and the Section 41 Committees since November 2012. It also became opportune to review the Code as required under legislation with the impending introduction of the changes to the Meeting Regulations. Feedback from the EM workshops and briefings has been factored in. Council’s discretionary supplementary protocols have been extracted from Part 2 and moved to Part 5. This makes for an easier document to work with and minimises risk of maladministration. To clarify, in relation to Section 41 Committees, Administration is not advocating for inclusion or exclusion of Part 2 of the Regulations. This is a decision of Council. The main purpose of the revised Code was to prepare a Code that complied with legislation. During the recent Elected Member workshops, some Members were of the view that Council’s Section 41 committees could operate in a more flexible manner than the formal Council meetings. On the assumption the revised Code is endorsed (i.e. Option 1) then Council will have complied with its legislative requirements and will be better placed to review the Code in regards to meeting procedures for Committees. Council has previously endorsed that Committees operate inclusive of Part 2. If Council wish to pursue this direction, a further report will be required for Section 41 Committees (i.e. operate without Part 2), bearing in mind Council will need to determine and provide guidance to Administration regarding prescribed procedures it may require beyond what is contained in Part 3 for the operation of Section 41 Committees. Furthermore, in taking this approach, the Terms of Reference for the Committees will need to be redrafted for Council’s endorsement. If Council wish to pursue this direction it is suggested that a report is prepared for Council’s consideration in May 2014 following further Elected Member input. The DRAFT Code is appropriate for meetings of Council and compliant with the new Local Government (Procedures at Meetings) Regulations 2013.


Code of Practice –Procedures at Meetings

Policy Type: Council Policy

Reference Number: COU 004

Responsible Division People and Governance

Responsible Officer: General Manager People and Governance

Legislation:

Local Government Act 1999 Local Government (Procedures at Meetings) Regulations 2013 Code of Conduct for Council Members

Relevant Delegations:

Related Policies N/A

Community Goal: O5.3 Good governance and legislative framework

Council Resolution:

Item 149/ 21 August 2008 – Council Item 310/ 28 July 2008 – CSP Item 341/19 July 2010 - CSP Item 701/26 July 2010 - Council Item 31/16 May 2011 -CSP Item 135/23 May 2011 Council Item 231/22 August 2011 – Council Item 64/19 September 2011 – CSP Item 240/26 September 2011 – Council Item 108 CSP 14 May 2012 Item 420 C 28 May 2012 Item 601 C 26 November 2012 Item ### C 28 January 2014

Previous Policy Number: 49

Date Adopted: 28 January 2014

Review Date: June 2015 (s6(2))

Attachments

ii Code of Practice – Procedures at Meetings

Contents

CHAPTER ONE: INTRODUCTION……………………………………………………………………………………….….i

CHAPTER TWO: LOCAL GOVERNMENT (PROCEDURES AT MEETINGS) REGULATIONS INCLUDING VARIATIONS…………………………………………………………………………………………………………………..1

PART 1 – PRELIMINARY .................................................................................................................................... 1

1. CITATION ............................................................................................................................................... 1

2. APPROVAL ............................................................................................................................................. 1

3. INTERPRETATION .................................................................................................................................. 1

4. GUIDING PRINCIPLES ............................................................................................................................. 2

PART 2 - MEETINGS OF COUNCILS AND COMMITTEES (TO WHICH PART 2 APPLIES) ......................................... 3

DIVISION 1 - PRELIMINARY ............................................................................................................................... 3

5. APPLICATION OF PART 2 ........................................................................................................................ 3

6. DISCRETIONARY PROCEDURES .............................................................................................................. 3

DIVISION 2 - PRESCRIBED PROCEDURES ........................................................................................................... 3

7. COMMENCEMENT OF MEETINGS AND QUORUMS ................................................................................ 3

8. MINUTES ............................................................................................................................................... 4

9. QUESTIONS ........................................................................................................................................... 5

10. PETITIONS ............................................................................................................................................. 5

11. DEPUTATIONS ....................................................................................................................................... 6

12. MOTIONS .............................................................................................................................................. 6

13. AMENDMENTS TO MOTIONS................................................................................................................. 8

14. VARIATIONS ETC. ................................................................................................................................... 9

15. ADDRESSES BY MEMBERS ETC. .............................................................................................................. 9

16. VOTING ................................................................................................................................................. 9

17. DIVISIONS ............................................................................................................................................ 10

18. TABLING OF INFORMATION ................................................................................................................. 10

19. ADJOURNED BUSINESS ........................................................................................................................ 11

20. SHORT-TERM SUSPENSION OF PROCEEDINGS ..................................................................................... 11

21. CHIEF EXECUTIVE OFFICER MAY SUBMIT REPORT RECOMMENDING REVOCATION OR AMENDMENT OF COUNCIL DECISION......................................................................................................................................... 12

PART 3 - MEETINGS OF OTHER COMMITTEES (TO WHICH PART 2 DOES NOT APPLY) ..................................... 13

22. APPLICATION OF PART 3 ...................................................................................................................... 13

23. NOTICE OF MEETINGS FOR MEMBERS ................................................................................................. 13

24. PUBLIC NOTICE OF COMMITTEE MEETINGS ......................................................................................... 13

25. MINUTES ............................................................................................................................................. 13

PART 4 - MISCELLANEOUS .............................................................................................................................. 14

26. QUORUM FOR COMMITTEES ............................................................................................................... 14

27. VOTING AT COMMITTEE MEETINGS .................................................................................................... 14

28. POINTS OF ORDER ............................................................................................................................... 14

iii Code of Practice – Procedures at Meetings

29. INTERRUPTION OF MEETINGS BY MEMBERS ....................................................................................... 15

30. INTERRUPTION OF MEETINGS BY OTHERS ........................................................................................... 15

PART 5 – SUPPLEMENTARY PROCEDURES FOR COUNCIL AND COMMITTEES .................................................. 16

31. SETTING OF AGENDA ........................................................................................................................... 16

32. NOTICE OF MEETING FOR MEMBERS ................................................................................................... 17

33. OFFICER’S PRESENTATION OF LATE MATERIAL .................................................................................... 17

34. COMMENCEMENT OF MEETINGS ......................................................................................................... 17

35. VARIATION OF ORDER OF AGENDA ..................................................................................................... 17

36. ADJOURNMENT OF MEETINGS ............................................................................................................ 18

37. DEPUTATIONS ..................................................................................................................................... 18

38. REPORTS OF MEMBERS ....................................................................................................................... 18

39. QUESTIONS FOR CLARIFICATION PURPOSES ........................................................................................ 18

40. MOTION ON NOTICE ............................................................................................................................ 18

41. QUESTIONS WITHOUT NOTICE ............................................................................................................. 18

42. COMMITTEE REPORTS TO THE COUNCIL .............................................................................................. 18

43. ADDRESSES BY MEMBERS .................................................................................................................... 19

44. ELECTED MEMBER NON-COMMITTEE MEMBER CONTRIBUTION AT COMMITTEE MEETINGS .............. 19

45. MOBILE TELEPHONES .......................................................................................................................... 20

46. NOMINATION/APPOINTMENT OF ELECTED MEMBERS TO INTERNAL AND EXTERNAL POSITIONS ....... 20

SPECIFIC POWERS OF THE PRESIDING MEMBER ............................................................................................. 23

i

CHAPTER ONE

Introduction

Sections 86(8) and 89(1) of the Local Government Act 1999 (“the Act”) provide that meetings of the council or a council committee will be conducted according to procedures:

prescribed by the Act;

prescribed by regulation; and

in relation to council meetings, insofar as the procedure is not prescribed by either the Act or regulations — as determined by the council; and

in relation to committee meetings, insofar as the procedure is not prescribed by the Act or regulations, or determined by the council — as determined by the committee itself.

Part 2 of the Local Government (Procedures at Meetings) Regulations 2013 (“the Regulations”) specify certain procedures to be followed during the operation of council and certain council committee meetings. These meetings include:

the meetings of the council;

the meetings of a council committee performing regulatory activities; and

the meetings of any other council committee to which the Council has resolved Part 2 will apply.

Regulation 6 provides that the council may develop a Code of Practice, where it chooses, to establish its own procedures in substitution for procedures under the Regulations which are expressed to allow variation.

This Code of Practice incorporates three types of procedures:

procedures contained in the Regulations;

procedures contained in the Regulations that are expressed to allow variation and are varied by the Council; and

procedures on which the council has determined both the Act and Regulations are silent and so has determined those matters itself.

For ease of reference this Code of Practice includes the Regulations and are referenced with the same regulation number. Procedures that are varied, or concern matters on which the Act and Regulations are silent, are shown in bold and italics and/or also enclosed in a border.

Note — whilst procedures contained in the Act are not incorporated into this Code of Practice, they must be adhered to in all council and council committee meetings.

This Code of Practice will be available to the public to assist their understanding of the procedures associated with the operation of both council and council committee meetings of the City of Unley.

Code of Practice – Procedures at Meetings DRAFT COPY TO GO TO 28 JANUARY 2014 COUNCIL WITH CHANGES ACCEPTED

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In accordance with Regulation 6, the council should review the operation of this Code of Practice at least once in every financial year. The council may, at any time, by resolution supported by at least two-thirds of the members of the council entitled to vote, alter, substitute or revoke this Code of Practice - Procedures at Meetings.

In developing this Code of Practice, the council has at all times had regard to the Guiding Principles set out at Regulation 4 (see page 2).


1 Code of Practice – Procedures at Meetings

CHAPTER TWO Part 1 – Preliminary

1. Citation

These procedures may be cited as the “Code of Practice – Procedures at Meetings”.

2. Approval These procedures were approved by the City of Unley council on

3. Interpretation (1) In these procedures, unless the contrary intention appears—

“Act” means the Local Government Act 1999;

“clear days” — see clause 3(2) and 3(3);

“deferment” means to delay a motion until the next meeting as long as there is no question for determination before the meeting. It cannot be used in substitution for a formal motion.

“deputation” means a person or group of persons who wish to appear personally before the council or a council committee in order to address the council or the committee (as the case may be) on a particular matter;

“formal motion” means a motion—

(a) that the meeting proceed to the next business; or

(b) that the question be put; or

(c) that the question lie on the table; or

(d) that the question be adjourned; or

(e) that the meeting be adjourned1;

“Guiding Principles” — see regulation 4;

“member” means a member of the council or council committee (as the case may be);

“point of order” means a point raised to draw attention to an alleged breach of the Act or these procedures in relation to the proceedings of a meeting;

“presiding member” means the person who is the presiding member at a council or council committee meeting (as the case may be) and includes any person who is presiding at a particular meeting;

“written notice” includes a notice given in a manner or form determined by the council.



(2) In the calculation of 'clear days' in relation to the giving of notice before a meeting—

(a) the day on which the notice is given, and the day on which the meeting occurs, will not be taken into account; and

(b) Saturdays, Sundays and public holidays will be taken into account.

(3) For the purposes of the calculation of clear days under subclause (2), if a notice is given after 5p.m. on a day, the notice will be taken to have been given on the next day.

(4) For the purposes of these meeting procedures, a vote on whether leave of the meeting is granted may be conducted by a show of hands (nothing in this subregulation prevents a division from being called in relation to the vote).

Note- 1 See clause 12 for specific provisions about formal motions

4. Guiding Principles (1) The following principles (the Guiding Principles) should be applied with

respect to the procedures to be observed at a meeting of the council or a council committee—

(a) procedures should be fair and contribute to open, transparent and informed decision-making;

(b) procedures should encourage appropriate community participation in the affairs of the council;

(c) procedures should reflect levels of formality appropriate to the nature and scope of responsibilities exercised at the meeting;

(d) procedures should be sufficiently certain to give the community and decision makers confidence in the deliberations undertaken at the meeting.



Part 2 - Meetings of councils and committees (to which Part 2 applies) Division 1 - Preliminary 5. Application of Part 2

(1) The provisions of this Part apply to:-

(a) the meetings of the council;

(b) the meetings of a council committee performing regulatory activities; and

(c) the meetings of any other council committee if the council has, by resolution, determined that this Part should apply to that committee.

6. Discretionary Procedures (1) Subject to the requirements of the Act, if a provision of this Part is expressed to

be capable of being varied at the discretion of the council pursuant to this procedure, then a council may, by a resolution supported by at least two-thirds of the members of the council entitled to vote, determine that a code of practice prepared or adopted by the council that establishes its own procedures for the relevant matter or matters will apply in substitution for the relevant provision (and such a determination will have effect according to its terms).

(2) A council should, at least once in every financial year, review the operation of a code of practice under this procedure.

(3) A council may at any time, by resolution supported by at least two-thirds of the members of the council entitled to vote, alter a code of practice, or substitute or revoke a code of practice.

(4) A council must, in considering the exercise of a power under this procedure, take into account the Guiding Principles.

(5) A person is entitled to inspect (without charge) the code of practice of a council under this procedure at the principal office of the Council during ordinary office hours.

(6) A person is entitled, on payment of a fee fixed by the council, to a copy of the code of practice.

(7) Clause 12(4) does not apply to a motion under sub-clause (3).

(8) This procedure does not limit or derogate from the operation of clause 201.

Note-

1 Furthermore, if a matter is not dealt with by the Act or this Code of Practice (including under a code of practice under this regulation), then the relevant procedure will be-

(a) As determined by the council; or (b) In the case of a council committee where a determination has not been made by the council – as determined by the committee. (see sections 86(8) and 89(1) of the Act.)

Division 2 - Prescribed Procedures 7. Commencement of Meetings and quorums

(1) A meeting will commence as soon after the time specified in the notice of meeting as a quorum is present.



(2) If the number of apologies received by the chief executive officer indicates that a quorum will not be present at a meeting, the chief executive officer may adjourn the meeting to a specified day and time.

(3) If at the expiration of 30 minutes from the time specified in the notice of meeting as the time of commencement a quorum is not present, the presiding member or, in the absence of a presiding member, the chief executive officer, will adjourn the meeting to a specified day and time.

(4) If a meeting is adjourned for want of a quorum, the chief executive officer will record in the minute book the reason for the adjournment, the names of any members present, and the date and time to which the meeting is adjourned.

(5) If a meeting is adjourned to another day, the chief executive officer must—

(a) give notice of the adjourned meeting to each member setting out the date, time and place of the meeting; and

(b) give notice of the adjourned meeting to the public by causing a notice setting out the date, time and place of the meeting to be placed on display at the principal office of the council.

8. Minutes (1) The minutes of the proceedings at a meeting must be submitted for confirmation at

the next meeting or, if that is omitted, at a subsequent meeting.

(2) No discussion on the minutes may occur before confirmation, except as to the accuracy of the minutes as a record of proceedings.

(3) On the confirmation of the minutes, the presiding member will—

a. initial each page of the minutes, which pages are to be consecutively numbered; and

b. place his or her signature and the date of confirmation at the foot of the last page of the minutes.

(4) The minutes of the proceedings of a meeting must include—

(a) the names of the members present at the meeting; and

(b) in relation to each member present—

(i) the time at which the person entered or left the meeting; and

(ii) unless the person is present for the whole meeting, the point in the proceedings at which the person entered or left the meeting; and

(c) each motion or amendment, and the names of the mover and seconder; and

(d) any variation, alteration or withdrawal of a motion or amendment; and

(e) whether a motion or amendment is carried or lost; and



(f) any disclosure of interest made by a member; and

(g) an account of any personal explanation given by a member; and

(h) details of the making of an order under section 90(2) of the Act and a note of the making of an order under Section 91(7) of the Act in accordance with the requirements of Section 91(9); and

(i) details of any adjournment of business; and

(j) a record of any request for documents to be tabled at the meeting; and

(k) a record of any documents tabled at the meeting; and

(l) a description of any oral briefing given to the meeting on a matter of council business; and

(m) any other matter required to be included in the minutes by or under the Act, any regulations or any procedure.

9. Questions (1) A member may ask a question on notice by giving the chief executive officer

written notice of the question at least 5 clear days before the date of the meeting at which the question is to be asked.

(2) If notice of a question is given under sub-clause (1)—

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

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

(3) A member may ask a question without notice at a meeting.

(4) The presiding member may allow the reply to a question without notice to be given at the next meeting.

(5) A question without notice and the reply will not be entered in the minutes of the relevant meeting unless the members present at the meeting resolve that an entry should be made.

(6) The presiding member may rule that a question with or without notice not be answered if the presiding member considers that the question is vague, irrelevant, insulting or improper.

10. Petitions (1) A petition to the council must—

(a) be legibly written or typed or printed; and

(b) clearly set out the request or submission of the petitioners; and



(c) include the name and address of each person who signed or endorsed the petition; and

(d) be addressed to the council and delivered to the principal office of the council.

(2) If a petition is received under sub-clause (1), the chief executive officer must ensure that the petition is placed on the agenda for the next ordinary meeting of the council or appropriate committee of the council (as determined by the chief executive officer).

(3) Sub-clause (2) may be varied at the discretion of the Council pursuant to clause 6.

11. Deputations (1) A person or persons wishing to appear as a deputation at a meeting must

deliver (to the principal office of the council) a written request to the council.

(2) The chief executive officer must transmit a request received under sub-clause (1) to the presiding member.

(3) The presiding member may refuse to allow the deputation to appear at a meeting.

(4) The chief executive officer must take reasonable steps to ensure that the person or persons who requested a deputation are informed of the outcome of the request.

(5) If the presiding member refuses to allow a deputation to appear at a meeting, the presiding member must report the decision to the next meeting of the council or council committee (as the case may be).

(6) The council or council committee may resolve to allow a deputation to appear despite a contrary ruling by the presiding member.

(7) A council may refer the hearing of a deputation to a council committee.

12. Motions (1) A member may bring forward any business in the form of a written notice of

motion.

(2) The notice of motion must be given to the chief executive officer at least 5 clear days before the date of the meeting at which the motion is to be moved.1

(3) A motion the effect of which, if carried, would be to revoke or amend a resolution passed since the last general election of the council must be brought by written notice of motion.

(4) If a motion under sub-clause (3) is lost, a motion to the same effect cannot be brought—

(a) until after the expiration of 12 months; or

1 The motion will have background information and officers’ comments where relevant. Code of Practice – Procedures at Meetings DRAFT COPY TO GO TO 28 JANUARY 2014 COUNCIL WITH CHANGES ACCEPTED

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(b) until after the next general election,

whichever is the sooner.

(5) Subject to the Act and these procedures, a member may also bring forward any business by way of a motion without notice.

(6) The presiding member may refuse to accept a motion without notice if, after taking into account the Guiding Principles, he or she considers that the motion should be dealt with by way of a written notice of motion.

(7) The presiding member may refuse to accept a motion if the subject matter is, in his or her opinion, beyond the power of the council or council committee (as the case may be).

(8) A motion will lapse if it is not seconded at the appropriate time.

(9 (a)) A member moving a motion will speak to the motion at the time of moving the motion.

(9 (b)) A member seconding a motion may elect to either speak to the motion at the time of seconding or may reserve their right to speak to the motion until a later stage of the debate. Where a member seconds a motion and reserves their right to speak to it, they will not be considered to have spoken to the motion.

(10) A member may only speak once to a motion except—

(a) to provide an explanation in regard to a material part of his or her speech, but not so as to introduce any new matter; or

(b) with leave of the meeting; or

(c) as the mover in reply.

(11) (a) A member who has spoken to a motion may not at a later stage of the debate move or second an amendment to the motion.

(11 (b)) A member who has seconded a motion, and has reserved their right to speak to the motion at a later stage pursuant to sub-regulation (13), may not move or second an amendment to the motion.

(12) A member who has not spoken in the debate on a question may move a formal motion.

(13) A formal motion must be in the form of a motion set out in sub-clause (19) (and no other formal motion to a different effect will be recognised).

(14) If the formal motion is—

(a) that the meeting proceed to the next business, then the effect of the motion, if successful, is, in the case of an amendment, that the amendment lapses and the meeting proceeds with the consideration of the motion before the meeting without further reference to the amendment



and, in the case of a motion, that the motion lapses and the meeting proceeds to the next item of business; or

(b) that the question be put, then the effect of the motion, if successful, is that debate is terminated and the question put to the vote by the presiding member without further debate; or

(c) that the question lie on the table, then the effect of the motion, if successful, is that the meeting immediately moves to the next item of business and the question can then only be retrieved at a later time by resolution (and, if so retrieved, debate is then resumed at the point of interruption); or

(d) that the question be adjourned, then the effect of the motion, if successful, is that the question is disposed of for the time being but debate can be resumed at the later time (at the point of interruption); or

(e) that the meeting be adjourned, then the effect of the motion, if successful, is that the meeting is brought to an end immediately without the consideration of further business.

(15) If seconded, a formal motion takes precedence and will be put by the presiding member without discussion unless the motion is for an adjournment (in which case discussion may occur (but only occur) on the details for resumption).

(16) A formal motion does not constitute an amendment to a substantive motion.

(17) If a formal motion is lost—

(a) the meeting will be resumed at the point at which it was interrupted; and

(b) if the formal motion was put during debate (and not at the end of debate) on a question, then a similar formal motion (i.e., a motion to the same effect) cannot be put until at least one Member has spoken on the question.

(18) A formal motion for adjournment must include the reason for the adjournment and the details for resumption.

(19) Any question that lies on the table as a result of a successful formal motion under sub regulation (14) (c) lapses at the next general election.

(20) The chief executive officer must report on each question that lapses under subregulation (22) to the council at the first ordinary meeting of the council after the general election.

(21) Sub-clauses (9), (10) and (11) may be varied at the discretion of the council pursuant to clause 6.

13. Amendments to Motions

1 (a) Subject to sub-clause 11(a), a member who has not spoken to a motion at an earlier stage of the debate may move or second an amendment to the motion.



(b) A member moving an amendment will speak to the amendment at the time of moving the amendment.

(c) A member seconding an amendment may elect to either speak to the amendment at the time of seconding or may reserve their right to speak to the amendment until a later stage of the debate. Where a member seconds an amendment and reserves their right to speak to it, they will not be considered to have spoken to the amendment.

(2) An amendment will lapse if it is not seconded at the appropriate time.

(3) A person who moves or seconds an amendment (and, if he or she chooses to do so, speaks to the amendment) will, in so doing, be taken to have spoken to the motion to which the amendment relates.

(4) If an amendment is lost, only 1 further amendment may be moved to the original motion.

(5) If an amendment is carried, only 1 further amendment may be moved to the original motion.

(6) Sub-clauses (1), (3) (4) and (5) may be varied at the discretion of the council pursuant to clause 6.

14. Variations etc. (1) The mover of a motion or amendment may, with the consent of the seconder,

request leave of the meeting to vary, alter or withdraw the motion or amendment.

(2) The presiding member must immediately put the question for leave to be granted and no debate will be allowed on that question.

15. Addresses by Members etc. (1) A member must not speak for longer than 5 minutes at any 1 time without leave

of the meeting.

(2) A member may, with leave of the meeting, raise a matter of urgency.

(3) A member may, with leave of the meeting, make a personal explanation.

(4) The subject matter of a personal explanation may not be debated.

(5) The contribution of a member must be relevant to the subject matter of the debate.

(6) Sub-clauses (1) and (2) may be varied at the discretion of the council pursuant to clause 6.

16. Voting (1) The presiding member, or any other member, may ask the chief executive

officer to read out a motion before a vote is taken.



(2) The presiding member will, in taking a vote, ask for the votes of those members in favour of the question and then for the votes of those members against the question (and may do so as often as is necessary to enable him or her to determine the result of the voting), and will then declare the outcome.

(3) A person who is not in his or her seat is not permitted to vote.

(4) Sub-clause (3) -

(a) may be varied at the discretion of the council pursuant to clause 6; and

(b) does not apply in relation to a member participating in a council committee meeting by telephone or electronic means approved in accordance with procedures determined by the council or council committee for the purposes of section 89 of the Act.

17. Divisions (1) A division will be taken at the request of a member.

(2) If a division is called for, it must be taken immediately and the previous decision of the presiding member as to whether the motion was carried or lost is set aside.

(3) The division will be taken as follows—

(a) the members voting in the affirmative will, until the vote is recorded, stand in their places; and

(b) the members voting in the negative will, until the vote is recorded, sit in their seats; and

(c) the presiding member will count the number of votes and then declare the outcome.

(d) A member who is unable to stand due to injury, illness, infirmity, disability or other cause, must advise the presiding member that they require special arrangements to be made in order for their vote to be adequately signalled to those persons present, and so that such vote is accurately recorded in the minutes. The presiding member may, in consultation with the member concerned, determine the manner in which the member is to signal their vote.

(4) The chief executive officer will record in the minutes the names of Members who voted in the affirmative and the names of the members who voted in the negative (in addition to the result of the vote).

(5) Sub-clause (3) may be varied at the discretion of the council pursuant to clause 6.

18. Tabling of Information (1) A member may require the chief executive officer to table any documents of the

council relating to a motion that is before a meeting (and the chief executive officer must then table the documents within a reasonable time, or at a time



determined by the presiding member after taking into account the wishes of the meeting, and if the member who has required the tabling indicates that he or she is unwilling to vote on the motion until the documents are tabled, then the matter must not be put to the vote until the documents are tabled).

(2) The chief executive officer may, in tabling a document, indicate that in his or her opinion consideration should be given to dealing with the document on a confidential basis under section 90 or 91 of the Act.

19. Adjourned Business (1) If a formal motion for a substantive motion to be adjourned is carried—

(a) the adjournment may either be to a later hour of the same day, to another day, or to another place; and

(b) the debate will, on resumption, continue from the point at which it was adjourned.

(2) If debate is interrupted for want of a quorum and the meeting is then adjourned, the debate will, on resumption, continue from the point at which it was interrupted.

(3) Business adjourned from a previous meeting must be dealt with before any new business at a subsequent meeting.

(4) The provisions of this procedure may be varied at the discretion of the council pursuant to clause 6.

20. Short-term Suspension of Proceedings (1) If the presiding member considers that the conduct of a meeting would benefit

from suspending the operation of all or some of the provisions of this Division for a period of time in order to allow or facilitate informal discussions, the Presiding Member may, with the approval of at least two-thirds of the members present at the meeting, suspend the operation of this Division (or any part of this Division) for a period determined by the presiding member.

(2) The Guiding Principles must be taken into account when considering whether to act under sub-clause (1).

(3) If a suspension occurs under sub-clause(1)—

(a) a note of the suspension, including the reasons for and period of suspension, must be entered in the minutes; and

(b) the meeting may proceed provided that a quorum is maintained but, during the period of suspension—

(i) the provisions of the Act must continue to be observed; and

(ii) no act or discussion will have any status or significance under the provisions which have been suspended; and



(iii) no motion may be moved, seconded, amended or voted on, other than a motion that the period of suspension should be brought to an end; and

(c) the period of suspension should be limited to achieving the purpose for which it was declared; and

(d) the period of suspension will come to an end if—

(i) the presiding member determines that the period should be brought to an end; or

(ii) at least two-thirds of the members present at the meeting resolve that the period should be brought to an end.

Note- 1 See particularly Part 4 of Chapter 5 and Chapter 6 of the Act

21. Chief executive officer may submit report recommending revocation or amendment of council decision (1) The chief executive officer may submit a report to the council recommending the

revocation or amendment of a resolution passed since the last general election of the council.

(2) The chief executive officer must ensure that the report is placed on the agenda for the meeting at which the report is to be considered.

(3) The provisions of this regulation may be varied at the discretion of the council pursuant to clause 6.



Part 3 - Meetings of other committees (to which Part 2 does not apply) 22. Application of Part 3

The provisions of this Part apply to or in relation to the meetings of any council committee that is not subject to the operation of Part 2.

23. Notice of meetings for Members Pursuant to section 87(15) of the Act, section 87 is modified in its application in

relation to the meetings of a Committee to which this Part applies as if subsections (4) and (7) to (10) of that section provided as follows:

(a) That notice of a meeting of the committee may be given in a form determined by the committee after taking into account the nature and purpose of the committee; and

(b) That notice need not be given for each meeting separately; and

(c) That if ordinary meetings of the committee have a set agenda then notice of such a meeting need not contain, or be accompanied by, the agenda for the meeting; and

(d) That it is not necessary for the chief executive officer to ensure that each member of the committee at the time that notice of a meeting is given is supplied with a copy of any documents or reports that are to be considered at the meeting.

24. Public Notice of committee meetings (1) Pursuant to section 88(7) of the Act, section 88 is modified in its application in

relation to the meetings of a committee to which this Part applies as if subsections (2), (3) and (4) provided as follows:

(a) that public notice need not be given for each meeting separately; and

(b) that public notice may be given by displaying a notice and agenda in a place or places determined by the chief executive officer after taking into account the nature and purpose of the committee.

25. Minutes (1) The minutes of the proceedings of a meeting must include—


(b) each motion carried at the meeting; and

(c) any disclosure of interest made by a member; and

(d) details of the making of an order under subsection (2) of section 90 of the Act (see subsection (7) of that section); and

(e) a note of the making of an order under subsection (7) of section 91 of the Act in accordance with the requirements of subsection (9) of that section.

(2) The minutes of the proceedings at a meeting must be submitted for confirmation at the next meeting or, if that is omitted, at a subsequent meeting.



Part 4 - Miscellaneous 26. Quorum for committees

(1) The prescribed number of members of a council committee constitutes a quorum of the committee and no business can be transacted at a meeting unless a quorum is present.

(2) For the purposes of this regulation, the prescribed number of members of a council committee is—

(a) unless paragraph (b) applies—a number ascertained by dividing the total number of members of the committee by 2, ignoring any fraction resulting from the division, and adding 1; or

(b) a number determined by the council.

Note- See also section 41(6) of the Act.

27. Voting at committee meetings (1) Subject to the Act and these procedures, a question arising for decision at a

meeting of a council committee will be decided by a majority of the votes cast by the members present at the meeting and entitled to vote on the question.

(2) Each member of a council who is a member of a council committee and who is present at a meeting of the committee must, subject to a provision of the Act to the contrary, vote on a question arising for decision at that meeting.

(3) Each member of a council committee (regardless of whether they are also a member of the council) who is present at a meeting of the committee must, subject to a provision of the Act to the contrary, vote on a question for decision at that meeting.

(4) The presiding member of a council committee has a deliberative vote on a question arising for decision at the meeting but does not, in the event of an equality of votes, have a casting vote.

28. Points of Order (1) The presiding member may call to order a member who is in breach of the Act

or these procedures.

(2) A member may draw to the attention of the presiding member a breach of the Act or these procedures, and must state briefly the nature of the alleged breach.

(3) A point of order takes precedence over all other business until determined.

(4) The presiding member will rule on a point of order.

(5) If an objection is taken to the ruling of the presiding member, a motion that the ruling not be agreed with must be moved immediately.

(6) The presiding member is entitled to make a statement in support of the ruling before a motion under sub-clause (5) is put.

(7) A resolution under sub-clause (5) binds the meeting and, if a ruling is not agreed with—



(a) the ruling has no effect; and

(b) the point of order is annulled.

29. Interruption of meetings by members (1) A member of the council or council committee must not, while at a meeting—

(a) behave in an improper or disorderly manner; or

(b) cause an interruption or interrupt another member who is speaking.

(2) Sub-regulation (1)(b) does not apply to a member who is—

(a) objecting to words used by a member who is speaking; or

(b) calling attention to a point of order; or

(c) calling attention to want of a quorum.

(3) If the presiding member considers that a member may have acted in contravention of sub-regulation (1), the member must be allowed to make a personal explanation.

(4) Subject to complying with sub-regulation (3), the relevant member must leave the meeting while the matter is considered by the meeting.

(5) If the remaining members resolve that a contravention of sub-regulation (1) has occurred, those members may, by resolution—

(a) censure the Member; or

(b) suspend the Member for a part, or for the remainder, of the meeting.

(6) A member who—

(a) refuses to leave a meeting in contravention of sub-regulation (4); or

(b) enters a meeting in contravention of a suspension under sub-regulation (5),

is guilty of an offence.

Maximum penalty: $1 250.

30. Interruption of meetings by others A member of the public who is present at a meeting of the council or council committee must not—

(a) behave in a disorderly manner; or

(b) cause an interruption.

Maximum penalty: $500.



Part 5 – Supplementary Procedures for council and committees

31. Setting of Agenda (1) The following will appear at the beginning of the agenda of all council meetings

and will be read by the presiding member at the commencement of each council meeting and other appropriate functions of council;

(a) “We acknowledge that the land that we meet on today is the traditional land of the Aboriginal people and that we respect their spiritual relationship with their country.

We also acknowledge that the Aboriginal people are the custodians of the Adelaide region and that their cultural and heritage beliefs are still important to the living Aboriginal people today.”

(b) Almighty God, we humbly beseech Thee to bestow Thy blessing upon this Council. Direct and prosper our deliberations for the advancement of Thy Kingdom and true welfare of the people of this city.

Members will stand in silence in memory of those who have made the Supreme Sacrifice in the service of their country, at sea, on land and in the air.

Lest We Forget.

(2) Presiding Members of Council committees can use their discretion regarding the Acknowledgement, Prayer and minutes silence by either insertion of an alternative shortened version or exclusion.

(3) There will be no item of “Other Business” on the agenda of Council or Committee meetings. Sufficient opportunity is afforded to members to raise any issue in accordance with this Code of Practice, the Act and Regulations.

(4) Committees can include an Agenda Item “Urgent Business” however matters must be limited to matters within the terms of reference of the Committee.

(5) All items for inclusion in the agenda of a Council or Committee meeting must be given to the chief executive officer at least 5 clear days before the date of the meeting at which the item is to be considered.

(6) Reports of members should be restricted to items of particular interest or concern to the council. Reports that merely register attendance or representation of the council are to be written and handed to the minute secretary for recording in the minutes of the meeting.

(7) Decisions not yet completed are to be listed at the beginning of the agenda with a very brief indication of their status and estimated time of completion, or instigation, in the case of ongoing activities.

(8) At the end of the agenda there be provided a list and a précis of officers reports currently being prepared by the administration for the next meeting of the council or committee (i.e. if to be dealt with at a committee level then they are listed in that committee’s agenda)



Sub-paragraph (5) and (6) above do not apply to items that are, or likely to be, confidential.

32. Notice of meeting for members (1) That notice of a meeting of a committee must be given in writing, at least 3

clear days prior to the date of the meeting;

(2) That notice will be given for each meeting separately except where the chief executive officer considers that it is more appropriate in the circumstances to provide notice of multiple meetings in a single notice (for example where a series of meetings are required within a short period of time); and

(3) That, where reasonably practicable, the notice of meeting will be accompanied by the agenda and any associated papers — in the event that notice of meeting is not accompanied by the agenda and any associated papers, adequate time will be provided during the meeting for members to read additional documents prior to discussion of them.

33. Officer’s Presentation of Late Material (1) An officer’s report which has not been included in the agenda for a meeting may

only be placed before the meeting where the officer responsible for the report has obtained the agreement, before the meeting, of both the presiding member and the chief executive officer that the report be presented.

(2) The presiding member and the chief executive officer may only grant their consent to a report being presented to a council or committee meeting pursuant to sub-paragraph 1 above where, in their opinion, an urgent decision is required from the council or committee which cannot be delayed until the next meeting.

(3) Where the material relevant to the presentation of a late report under this clause has been supplied to members just prior to or during a meeting, the presiding member must allow adequate reading time prior to consideration of the matter, in consultation with, and at the discretion of, the members.

34. Commencement of Meetings (1) Clause 7 (1) (4) and (5) of this Code of Practice apply to meetings of all other

committees.

(2) If at the expiration of 30 minutes from the time specified in the notice of meeting as the time of commencement a quorum is not present, the presiding member will adjourn the meeting to a specified day and time.

35. Variation of Order of Agenda (1) The presiding member may, with the consent of the majority of the council or

committee, vary the order of the agenda.

(2) Where there are members of the public present in the gallery, council staff should (where possible) determine any agenda item(s) of particular interest to those persons and provide such information to the presiding member as soon as practicable (and preferably before the meeting commences).



36. Adjournment of Meetings Where a meeting continues to 11pm, unless there is a specific motion adopted at the meeting that it continue beyond this time, the meeting (and, hence, all remaining business) will be adjourned to a date and time specified by the presiding member.

37. Deputations A deputation must not exceed five minutes except with the consent of the council or committee.

38. Reports of Members Where a Member makes a report to the council under paragraph 31(6) of this Code, the minutes will reflect only that the member made a report and a brief description of the matter. In all cases the chief executive officer will determine the content of the brief description in his/her absolute discretion.

39. Questions for clarification purposes (1) A member may ask a question prior to the moving of a motion or during a

debate on a motion or amendment to a motion for clarification purposes only without losing their right to speak to the motion or amendment. At the discretion of the presiding member, a question can be directed by any member, irrespective of whether that member has spoken to the motion or not, to another member for the purpose of;

(a) Seeking clarification of that other member’s submissions in the debate; or (b) Obtaining information within the intrinsic knowledge or expertise of that

other Member.

(2) Members are encouraged to seek answers to questions prior to a council or committee meeting.

40. Motion on Notice Where a member who has given notice of a motion in accordance with sub-clause 12 (2) is absent from the meeting at which the motion is to be considered, the motion will lapse unless the council or committee determines that it be deferred to the next meeting, or the member has provided written authority for the notice of motion to be moved by another member.

41. Questions without Notice (1) A member may ask a question without notice at a meeting.

(2) If the presiding member rules that a question without notice can be answered and the meeting resolve to record an entry in the minutes, the member will be asked to supply their question in writing to the minute secretary.

42. Committee Reports to the council (1) Committees are to report to the council through the presentation of minutes of

the committee. The confirmed minutes must be submitted at intervals as determined by the council.

(2) Committee reports are to be presented to the council by the presiding member of the committee where the presiding member is also an elected member of the



council. Where this is not the case an elected member on the committee nominated by the presiding member will perform this function. In presenting the report, the presiding member of the committee is to merely put the motion that the report be accepted by the council and provide a general overview.

(3) Where a committee makes a recommendation that differs from an officer’s recommendation in any respect:

(a) the officer’s recommendation will be retained in the agenda and the recommendation of the committee will be detailed in the minutes or report placed before the council meeting; and

(b) the committee’s recommendation will be marked with an asterisk (“*”).

(4) Where a committee makes a recommendation to the council which defers a particular item, the reason for the deferment will be included in the committee’s report.

(5) A motion (where successful) to the effect that a committee report be accepted by the council, is sufficient to endorse the recommendations contained in the report as decisions of the council.

(6) Where the presiding member of a committee is not in favour of a particular recommendation being offered to the council by the committee, they may request that another member of the relevant committee present the recommendation to the council and be offered the opportunity to speak to the motion to present the reasons why they are not in favour of a particular recommendation

43. Addresses by Members (1) A member who intends to speak at a council meeting must raise their hand to

signal their intention. A member is not required to stand whilst addressing the meeting.

(2) The presiding member of a committee will determine how members are to signal their intention to speak. Members are not required to stand when addressing a committee. Members must at all times address the meeting through the presiding member.

(3) Where two or more members indicate their intention to speak at a meeting at the same time, the presiding member will determine in which order the members will be heard.

(4) A member is at all times during a meeting to address and refer to another member or an officer or employee by their official title or designation.

(5) A member speaking at a meeting is not to make a personal reflection upon, or impute an improper motive to, another member or to an officer or employee.

44. Elected member non-committee member contribution at committee meetings (1) Any elected member who is not a member of the committee is able to address

members of the committee and provide contribution at any committee meeting of which they are not a member in accordance with the following process:

(a) The committee will need to resolve to suspend the meeting procedures (by approval of at least two thirds of the committee members present).



(b) The presiding member can then invite elected members (non-committee members) to ‘sit’ at the table and provide contribution on any issue relevant to any item of business. The contribution will be limited to 5 minutes duration per person.

(c) Following conclusion of the contribution provided, the presiding member will ask that each elected member who is not a member of the committee return to the gallery to be seated. There will be no further contribution or participation in the meeting by any elected member non-committee member.

(d) The period of suspension will come to an end as determined by the presiding member or at least two-thirds of the committee members present will resolve that the period should be brought to an end.

(e) The meeting will resume for consideration of the balance of the agenda and then for the formal decision making function of the committee to proceed by calling for movers and seconders of any proposed motions.

45. Mobile Telephones (1) Mobile telephones, smart devices (including but not limited to iPad’s etc.) may

be placed in silent mode during a meeting by members and, officers so as to be contactable in case of family emergency or for the review of council documentation ONLY. Electronic devices are not to be used for texting etc. throughout council or committee meetings. -.

(2) Mobile telephones, smart devices (including but not limited to iPad’s etc.) may not be used during a meeting by media representatives or persons in the public gallery-. Mobile phones, if brought into the Council chambers, or Committee room, must be switched off before the meeting commences.

46. Nomination/Appointment of elected members to internal and external positions Procedure for nomination/appointment of elected members to internal and external positions

(1) Before debate on the item, the presiding member will call for a short term suspension of proceedings to undertake a ballot process. Note - this requires the consent of two thirds of the members present.

(2) The presiding member will call for nominations.

(3) All elected members (including the presiding member) will record their vote by placing a 3, 2 and 1 (in the case of 3 candidates with the 3 going to the most preferred candidate, 4, 3, 2 and 1 in the case of 4 candidates etc.) against the preferred elected members name (or names for more than one position) on the ballot paper.

(4) General Manager People & Governance will collect the ballot papers.

(5) The chief executive officer and a General Manager People & Governance will count the votes separately and confirm numbers.

(6) The chief executive officer will then report the numbers to the presiding member. The presiding member will confirm by counting the votes.

(7) The presiding member will announce the successful candidate.



(8) The presiding member will then bring the suspension of meeting procedures to an end.

(9) The presiding member will ask for an elected member to move a motion in relation to the item to confirm the outcome of the ballot.



Appendix A

Specific powers of the presiding member The Regulations give specific powers and responsibilities to the presiding member in the following circumstances -

Minutes

• Signing the minutes once a motion of confirmation has been carried R8.

Questions

• The presiding member may allow the answer to a question without notice to be given at the next meeting R9 (4).

• The presiding member may rule that a question with or without notice not be answered if the presiding member considers that the question is vague, irrelevant, insulting or improper R9 (6).

Deputations

• A request for a deputation must be in writing to the CEO who passes it to the presiding member.

• The presiding member may refuse to allow a deputation to appear at a meeting. If the presiding member refuses to allow a deputation he/she must report the decision to the next meeting of the Council or committee. The Council or committee may resolve to allow the deputation to appear despite a contrary ruling by the presiding member R11 (5) & (6).

Motions

• The presiding member may refuse to accept a motion without notice if, after taking into account the Guiding Principles, he/she considers that the motion should be dealt with by way of written notice of motion R12(6).

• The presiding member may refuse to accept a motion if the subject matter is, in his/her opinion, beyond the power of the Council or committee.

Short-term suspension

• The presiding member, with the consent of two thirds of the members present, may suspend the operation of all or part of Division 2 of the Regulations for a short time if he/she considers that the conduct of the meeting would benefit from such a suspension. The presiding member may in his/her discretion determine that a short term suspension be brought to an end R20.



Point of order

A point of order is a breach of the provisions of the Act or Regulation.

• The presiding member may call to order a member who is in breach of the Act or Regulations.

• The presiding member will rule on a point of order R28.

• If an objection is taken to the ruling of the presiding member, a motion that the ruling not be agreed with must be moved immediately. The presiding member is entitled to make a statement in support of his/her ruling before putting the motion to not agree with the ruling.


Code of Practice – Meeting Procedures

Policy Type: Council Policy


Responsible Division People and Governance

Responsible Officer: General Manager People and Governance

Legislation: Local Government Act 1999

Relevant Delegations:

Related Policies N/a

Community Goal:

GOE/2: Generate an approach to all Council operations which maintains the principles of good governance such as public accountability, transparency, integrity, leadership, cooperation with other levels of government and social equity.

Council Resolution:

Item 149/ 21 August 2008 – Council Item 310/ 28 July 2008 – CSP Item 341/19 July 2010 - CSP Item 701/26 July 2010 - Council Item 31/16 May 2011 -CSP Item 135/23 May 2011 Council Item 231/22 August 2011 – Council Item 64/19 September 2011 – CSP Item 240/26 September 2011 – Council Item 108 CSP 14 May 2012 Item 420 C 28 May 2012 Item 601 C 26 November 2012

Previous Policy Number: 48

Date Adopted: 26 November 2012

Review Date: May 2013

Attachments

Code of Practice – Procedures at Meetings


Code of Practice

PROCEDURES AT MEETINGS DEVELOPED IN ACCORDANCE WITH REGULATION 7 OF LOCAL

GOVERNMENT (PROCEDURES AT MEETINGS) REGULATIONS 2000

2012 - 2013

Adopted by Council: 26 November 2012

To be reviewed in: November 2013

i Code of Practice – Procedures at Meetings

Contents

Page

Introduction iii

Part 1 - Preliminary 1. Citation 1

2. Approval 1

3. Review 1

4. Interpretation 1

5. Guiding Principles 2

Part 2 – Meetings of Councils and Key Committees 6. Application of Part 2 2

7. Key Committees 2

8. Discretionary Procedures 3

9. Setting of Agenda 3

10. Officer's Presentation of Late Material 4

11. Variation of Order of Agenda 4

12. Commencement of Meetings and Quorum 4

13. Adjournment of Meetings 5

14. Minutes 5

15. Reports of Members 6

16. Committee Reports to the Council 6

17. Questions 7

18. Petitions 8

19. Deputations 8

20. Motions 10

21. Amendments to Motions etc 11

22. Variations 11

23. Addresses by Members 12

24. Voting 12

25. Divisions 13

26. Tabling of Information 13

27. Adjourned Business 13

28. Short-term Suspension of Proceedings 13


ii Code of Practice – Procedures at Meetings


Part 3 – Meetings of Other Committees 29. Application of Part 3 14

30. Commencement of Meetings and Quorum 14

31. Adjournment of Meetings 14

32. Notice of Meetings for Members 14

33. Public Notice of Committee Meetings 15

34. Minutes 15

35. Committee Reports to the Council 15

36. Addresses by Members 15

Part 4 – Miscellaneous 37. Quorum for Committees 16

38. Voting at Committee Meetings 16

39. Points of Order 16

40. Interruption of Meetings by Members 17

41. Interruption of Meetings by Others 17

42. Mobile Telephones 18

43. Register of Interests (Non-Elected Members) 18

44. Nomination/Appointment of Elected Members to Internal & External Positions19


Introduction

Sections 86(8) and 89(1) of the Local Government Act 1999 (“the Act”) provide that meetings of the Council or a Council Committee will be conducted according to procedures:

prescribed by the Act;

prescribed by regulation; and

in relation to Council meetings, insofar as the procedure is not prescribed by either the Act or regulations — as determined by the Council; and

in relation to Committee meetings, insofar as the procedure is not prescribed by the Act or regulations, or determined by the Council — as determined by the Committee itself.

Part 2 of the Local Government (Procedures at Meetings) Regulations 2000 (“the Regulations”) specify certain procedures to be followed during the operation of Council and certain Council Committee meetings. These meetings include:

the meetings of the Council;

the meetings of a Council Committee performing regulatory activities; and

the meetings of any other Council Committee to which the Council has resolved Part 2 will apply.

The Regulations (Regulation 7) provide that the Council may develop a Code of Practice, where it chooses, to establish its own procedures in substitution for procedures under the Regulations which are expressed to allow variation.

This Code of Practice incorporates three types of procedures:

procedures contained in the Regulations;

procedures contained in the Regulations that are expressed to allow variation and are varied by the Council; and

procedures on which the Council has determined both the Act and Regulations are silent and so has determined those matters itself.

Procedures that are variations of the Regulations, or concern matters on which the Act and Regulations are silent, are shown in bold and italics. Further, the terms “regulation” and “subregulation” appearing in the Regulations have been substituted with “clause” and “sub-clause” respectively for the purposes of this Code of Practice.

Note — whilst procedures contained in the Act are not incorporated into this Code of Practice, they must be adhered to in all Council and Council Committee meetings.

This Code of Practice will be available to the public to assist their understanding of the procedures associated with the operation of both Council and Council Committee meetings of the City of Unley.




In accordance with Regulation 7, the Council will review the operation of this Code of Practice at least once in every financial year. The Council may, at any time, by resolution supported by at least two-thirds of the members of the Council as a whole, alter, substitute or revoke this Code of Practice - Procedures at Meetings.

In developing this Code of Practice, the Council has at all times had regard to the Guiding Principles set out at Regulation 5 (see page 2).


Part 1 Preliminary

1. Citation

These procedures may be cited as the “Code of Practice – Procedures at Meetings”.

2. Approval

These procedures were approved by the Unley Council on 26 November 2012.

3. Review

These procedures will be reviewed annually.

4. Interpretation

(1) In these procedures, unless the contrary intention appears—

“Act” means the Local Government Act 1999;

“clear days” — see (clause) 4.(2);

“deputation” means a person or group of persons who wish to appear personally before the Council or a Council Committee in order to address the Council or the Committee (as the case may be) on a particular matter;

“formal motion” means a motion—





(e) that the meeting be adjourned;

“Guiding Principles” — see procedure 5;

“Member” means a Member of the Council or Council Committee (as the case may be);

“point of order” means a point raised to draw attention to an alleged breach of the Act or these procedures in relation to the proceedings of a meeting;

“Presiding Member” means the person who is the Presiding Member at a Council or Council Committee meeting (as the case may be) and includes any person who is presiding at a particular meeting;

“written notice” includes a notice given in a manner or form determined by the Council.

“reserve out” means to identify any Committee Agenda item for further debate at the next Council meeting.



(2) In the calculation of 'clear days' in relation to the giving of notice before a meeting—



5. Guiding Principles

(1) The following principles (the Guiding Principles) should be applied with respect to the procedures to be observed at a meeting of the Council or a Council Committee—


(b) procedures should encourage appropriate community participation in the affairs of the Council;


(d) procedures should be sufficiently certain to give the community and decision makers confidence in the deliberations undertaken at the meeting.

Part 2—Meetings of Council and Key Committees

Division 1—Preliminary

6. Application of Part 2

(1) The provisions of this Part apply to:-

(a) the meetings of the Council;

(b) the meetings of a Council Committee performing regulatory activities;

(c) the meetings of a 'Key Committee' as defined in clause 7 of this Code of Practice; and

(d) the meetings of any other Council Committee if the Council has, by resolution, determined that this Part should apply to that Committee.

7. Key Committees

(1) The following Committees are defined for the purpose of this Code of Practice as Key Committees:

(a) committees established under Section 41 of the Local Government Act 1999 will be recognised as Key Committees (standing committees) unless they are for a finite term.

(b) any other Committee that the Council resolves is a standing Committee;

(c) any Committee, which is formally established by the Council under the Act, that performs regulatory activities;



(d) Where there is any doubt as to whether a Committee performs regulatory activities, the Chief Executive Officer will make a final determination on the matter.

8. Discretionary Procedures

(1) Subject to the requirements of the Act, if a provision of this Part is expressed to be capable of being varied at the discretion of the Council pursuant to this procedure, then a Council may, by a resolution supported by at least two-thirds of the members of the Council as a whole, determine that a code of practice prepared or adopted by the Council that establishes its own procedures for the relevant matter or matters will apply in substitution for the relevant provision (and such a determination will have effect according to its terms).

(a) A Council should, at least once in every financial year, review the operation of a code of practice under this procedure.

(b) A Council may at any time, by resolution supported by at least two-thirds of the members of the Council as a whole, alter a code of practice, or substitute or revoke a code of practice.

(c) A Council must, in considering the exercise of a power under this procedure, take into account the Guiding Principles.

(d) A person is entitled to inspect (without charge) the code of practice of a Council under this procedure at the principal office of the Council during ordinary office hours.

(e) A person is entitled, on payment of a fee fixed by the Council, to a copy of the code of practice.

(f) Clause 20(4) does not apply to a motion under clause (3).

(g) This procedure does not limit or derogate from the operation of clause 21.

Division 2—Prescribed Procedures

9. Setting of Agenda

(1) The following will appear at the beginning of the agenda of all Council and Committee meetings and will be read by the Presiding Member at the commencement of each Council and Committee meeting and other appropriate functions of Council;

“We acknowledge that the land that we meet on today is the traditional land of the Aboriginal people and that we respect their spiritual relationship with their country.

We also acknowledge that the Aboriginal people are the custodians of the Adelaide region and that their cultural and heritage beliefs are still important to the living Aboriginal people today.”

(2) There will be no item of “Other Business” on the agenda of meetings. Sufficient

opportunity is afforded to Members to raise any issue in accordance with this Code of Practice and the Act.



(3) All items for inclusion in the agenda of a meeting must be given to the Chief Executive Officer at least five clear days before the date of the meeting at which the item is to be considered.

(4) Reports of Members should be restricted to items of particular interest or concern to the Council. Reports that merely register attendance or representation of the Council are to be written and handed to the minute secretary for recording in the minutes of the meeting.

(5) Decisions of Council not yet completed are to be listed at the beginning of the agenda with a very brief indication of their status and estimated time of completion, or instigation, in the case of ongoing activities.

(6) At the end of the agenda there be provided a list and a précis of officers reports currently being prepared by the administration for the next meeting of the Council or Committee (ie if to be dealt with at a committee level then they are listed in that committee’s agenda)

Clause (5) and (6) do not apply to items that are, or likely to be, confidential.

10. Officer’s Presentation of Late Material

(1) An officer’s report which has not been included in the agenda for a meeting may only be placed before the meeting where the officer responsible for the report has obtained the agreement, before the meeting, of both the Presiding Member and the Chief Executive Officer that the report be presented.

(2) The Presiding Member and the Chief Executive Officer may only grant their consent to a report being presented to a Council or Committee meeting pursuant to sub-clause (1) where, in their opinion, an urgent decision is required from the Council or Committee which cannot be delayed until the next meeting.

(3) Where the material relevant to the presentation of a late report under this clause has been supplied to Members just prior to or during a meeting, the Presiding Member must allow adequate reading time prior to consideration of the matter, in consultation with, and at the discretion of, the Members.

11. Variation of Order of Agenda

(1) The Presiding Member may, with the consent of the majority of the Council or Committee, vary the order of the agenda.

(2) Where there are members of the public present in the gallery, Council staff should (where possible) determine any agenda item(s) of particular interest to those persons and provide such information to the Presiding Member as soon as practicable (and preferably before the meeting commences).

12. Commencement of Meetings and Quorum

(1) A meeting will commence as soon after the time specified in the notice of meeting as a quorum is present.

(2) If the number of apologies received by the Chief Executive Officer indicates that a quorum will not be present at a meeting, the Chief Executive Officer may adjourn the meeting to a specified day and time.



(3) If at the expiration of 30 minutes from the time specified in the notice of meeting as the time of commencement a quorum is not present, the Presiding Member or, in the absence of a Presiding Member, the Chief Executive Officer, will adjourn the meeting to a specified day and time.

(4) If a meeting is adjourned for want of a quorum, the Chief Executive Officer will record in the minute book the reason for the adjournment, the names of any Members present, and the date and time to which the meeting is adjourned.

(5) If a meeting is adjourned to another day, the Chief Executive Officer must—


(b) give notice of the adjourned meeting to the public by causing a notice setting out the date, time and place of the meeting to be placed on display at the principal office of the Council.

13. Adjournment of Meetings

(1) Where a meeting continues to 11pm, unless there is a specific motion adopted at the meeting that it continue beyond this time, the meeting (and, hence, all remaining business) will be adjourned to a date and time specified by the Presiding Member.

14. Minutes



(3) On the confirmation of the minutes, the Presiding Member will—

(a) initial each page of the minutes, which pages are to be consecutively numbered; and

(b) place his or her signature and the date of confirmation at the foot of the last page of the minutes.


(a) the names of the Members present at the meeting; and

(b) in relation to each Member present—




(d) any amendment or withdrawal of a motion or amendment; and






(h) details of the making of an order under section 90(2) of the Act and a note of the making of an order under Section 91(7) of the Act in accordance with the requirements of Section 91(9); and

(i) details of any adjournment of business; and

(j) any other matter required to be included in the minutes by or under the Act or any procedure.

15. Reports of Members

(1) Where a Member makes a report to the Council under clause 9(4) of this Code, the minutes will reflect only that the Member made a report and a brief description of the matter. In all cases the Chief Executive Officer will determine the content of the brief description in his/her absolute discretion.

16. Committee Reports to the Council

(1) Committees are to report to the Council through the presentation of minutes of the Committee. The confirmed minutes must be submitted at intervals as determined by the Council.

(2) Committee reports are to be presented to the Council by the Presiding Member of the Committee where the Presiding Member is also an elected member of the Council. Where this is not the case an elected member on the Committee nominated by the Presiding Member will perform this function. In presenting the report, the Presiding Member of the Committee is to merely put the motion that the report be accepted by the Council. If the Presiding Member of the Committee considers that any recommendations in the minutes warrant special comment, then they must 'reserve out' such items.

(3) Where a Committee makes a recommendation that differs from an officer’s recommendation in any respect:

(a) the officer’s recommendation will be retained in the agenda and the recommendation of the Committee will be detailed in the minutes or report placed before the Council meeting; and

(b) the Committee’s recommendation will be marked with an asterisk (“*”).

(4) Where a Committee makes a recommendation to the Council which defers a particular item, the reason for the deferment will be included in the Committee’s report.

(5) A motion (where successful) to the effect that a Committee report be accepted by the Council, subject to any recommendations being reserved out, is sufficient to endorse the recommendations contained in the report as decisions of the Council.

(6) Members of the Council may reserve out any recommendation contained in a Committee report to the Council. In order to reserve out a recommendation(s), a member must notify (in writing) the Presiding Member of the relevant Committee, the Mayor, the CEO and all other Elected Members of their desire



to reserve out the particular recommendation(s) by 7.00 pm on the Saturday immediately preceding the Council meeting at which the report is to be presented. The CEO will ensure that the item is reserved out at the Council meeting.

(7) For the purposes of sub-clause (6), a Member may give notice where the Member is also a member of the relevant Committee, by stating their desire to reserve out the recommendation(s) at a Committee meeting. A Member may not reserve out the recommendation(s) prior to the Committee meeting occurring.

(8) Items which are ‘reserved-out’ will be individually considered and deliberated at the relevant Council meeting).

(9) The actual process of ‘reserving out’ a Committee recommendation at a Council meeting is as follows;

The presiding member of the relevant Committee will move the original Committee recommendation that has been ‘reserved out’. Once the item has been seconded the Elected Member who reserved the item out will then be given the opportunity to make an amendment to the motion or foreshadow the alternative motion if the original is lost.

(10) The Presiding Member of a Committee may move a motion, or invite any other Member of the Committee to move a motion, in respect of any matter reserved out pursuant to this procedure.

(11) Where the Presiding Member of a Committee is not in favour of a particular recommendation being offered to the Council by the Committee, they may reserve out the recommendation, and request that another member of the relevant Committee present the recommendation to the Council.

17. Questions

(1) A Member may ask a question on notice by giving the Chief Executive Officer written notice of the question at least five clear days before the date of the meeting at which the question is to be asked.

(2) If notice of a question is given under sub-clause (1)—

(a) the Chief Executive Officer must ensure that the question is placed on the agenda for the meeting at which the question is to be asked; and


(3) A Member may ask a question without notice at a meeting.

(4) The Presiding Member may allow the reply to a question without notice to be given at the next meeting.


(6) The Presiding Member may rule that a question with or without notice not be answered if the Presiding Member considers that the question is vague, irrelevant, insulting or improper.



(7) A Member may ask a question prior to the moving of a motion or during a debate on a motion or amendment to a motion for clarification purposes only without losing their right to speak to the motion or amendment. At the discretion of the Presiding Member, a question can be directed by any Member, irrespective of whether that Member has spoken to the motion or not, to another Member for the purpose of;

(a) Seeking clarification of that other Member’s submissions in the debate;

or

(b) Obtaining information within the intrinsic knowledge or expertise of that other Member.

(8) Members are encouraged to seek answers to questions prior to a Council or Committee meeting.

18. Petitions

(1) A petition to the Council must—



(c) be addressed to the Council and delivered to the principal office of the Council.

(2) If a petition is received under sub-clause (1), the Chief Executive Officer must ensure that the petition is placed on the agenda for the next ordinary meeting of the Council or appropriate Committee of the Council (as determined by the Chief Executive Officer).

(3) Sub-clause (2) may be varied at the discretion of the Council pursuant to clause 8 of the Local Government (Procedures at Meetings) Regulations.

19. Deputations

(1) A person or persons wishing to appear as a deputation at a meeting must deliver (to the principal office of the Council) a written request to the CEO of the Council.

(2) The Chief Executive Officer must transmit a request received under sub-clause (1) to the Presiding Member.

(3) The Presiding Member may refuse to allow the deputation to appear at a meeting.

(4) The Chief Executive Officer must take reasonable steps to ensure that the person or persons who requested a deputation are informed of the outcome of the request.

(5) If the Presiding Member refuses to allow a deputation to appear at a meeting, the Presiding Member must report the decision to the next meeting of the Council or Council Committee (as the case may be).

(6) The Council or Council Committee may resolve to allow a deputation to appear despite a contrary ruling by the Presiding Member.



(7) A Council may refer the hearing of a deputation to a Council Committee.

(8) A deputation must not exceed five minutes except with the consent of the Council or Committee.

20. Motions

(1) A Member may bring forward any business in the form of a written notice of motion.

(2) The notice of motion must be given to the Chief Executive Officer at least five clear days before the date of the meeting at which the motion is to be moved.1

(3) Where a Member who has given notice of a motion in accordance with sub-clause (2) is absent from the meeting at which the motion is to be considered, the motion will lapse unless the Council or Committee determines that it be deferred to the next meeting, or the Member has provided written authority for the notice of motion to be moved by another Member.

(4) A motion the effect of which, if carried, would be to revoke or amend a resolution passed since the last periodic election of the Council must be brought by written notice of motion.

(5) If a motion under sub-clause (4) is lost, a motion to the same effect cannot be brought—


(b) until after the next periodic election,


(6) Subject to the Act and these procedures, a Member may also bring forward any business by way of a motion without notice.

(7) The Presiding Member may refuse to accept a motion without notice if, after taking into account the Guiding Principles, he or she considers that the motion should be dealt with by way of a written notice of motion.

(8) The Presiding Member may refuse to accept a motion if the subject matter is, in his or her opinion, beyond the power of the Council or Council Committee (as the case may be).

(9) A motion without notice (unrelated to an agenda item of business) will not be accepted for debate at the meeting at which it is brought forward unless:

(a) the Presiding Member determines that the matter is one of urgency; or

(b) in the opinion of the Presiding Member, the motion relates to an issue that does not require substantive information in order to make an informed decision on the motion.

(10) Where a motion without notice is not accepted for debate in accordance with sub-clause (9), it is to be deferred to the next Council or Committee meeting where it will be treated as a notice of motion in accordance with sub-clause (2).

Enc: 1 The motion will have background information and officers’ comments where relevant.




(12) A Member moving a motion will speak to the motion at the time of moving the motion.

(13) A Member seconding a motion may elect to either speak to the motion at the time of seconding or may reserve their right to speak to the motion until a later stage of the debate. Where a Member seconds a motion and reserves their right to speak to it, they will not be considered to have spoken to the motion.

(14) A Member may only speak once to a motion except—




(15) A Member who has spoken to a motion may not at a later stage of the debate move or second an amendment to the motion.

(16) A Member who has seconded a motion, and has reserved their right to speak to the motion at a later stage pursuant to sub-clause (13), may not move or second an amendment to the motion.

(17) A Member who has not spoken in the debate on a question may move a formal motion.

(18) A formal motion must be in the form of a motion set out in sub-clause (19) (and no other formal motion to a different effect will be recognised).


(a) that the meeting proceed to the next business, then the effect of the motion, if successful, is, in the case of an amendment, that the amendment lapses and the meeting proceeds with the consideration of the motion before the meeting without further reference to the amendment and, in the case of a motion, that the motion lapses and the meeting proceeds to the next item of business; or

(b) that the question be put, then the effect of the motion, if successful, is that debate is terminated and the question put to the vote by the Presiding Member without further debate; or






(20) If seconded, a formal motion takes precedence and will be put by the Presiding Member without discussion unless the motion is for an adjournment (in which case discussion may occur (but only occur) on the details for resumption).




(b) if the formal motion was put during debate (and not at the end of debate) on a question, then a similar formal motion (ie, a motion to the same effect) cannot be put until at least one Member has spoken on the question.


(24) Sub-clauses (12), (14) and (15) may be varied at the discretion of the Council pursuant to clause 7 of the Local Government (Procedures at Meetings) Regulations.

21. Amendments to Motions

(1) Subject to sub-clause 20(16), a Member who has not spoken to a motion at an earlier stage of the debate may move or second an amendment to the motion.

(2) A Member moving an amendment will speak to the amendment at the time of moving the amendment.

(3) A Member seconding an amendment may elect to either speak to the amendment at the time of seconding or may reserve their right to speak to the amendment until a later stage of the debate. Where a Member seconds an amendment and reserves their right to speak to it, they will not be considered to have spoken to the amendment.



(6) If an amendment is lost, only one further amendment may be moved to the original motion.

(7) If an amendment is carried, only one further amendment may be moved to the original motion.

(8) Sub-clauses (1), (4) and (5) may be varied at the discretion of the Council pursuant to clause 7 of the Local Government (Procedures at Meetings) Regulations.

22. Variations etc



(1) The mover of a motion or amendment may, with the consent of the seconder, request leave of the meeting to vary, alter or withdraw the motion or amendment.

(2) The Presiding Member must immediately put the question for leave to be granted and no debate will be allowed on that question.

23. Addresses by Members

(1) A Member must not speak for longer than five minutes at any one time without leave of the meeting.

(2) A Member may, with leave of the meeting, raise a matter of urgency.

(3) A Member may, with leave of the meeting, make a personal explanation.


(5) The contribution of a Member must be relevant to the subject matter of the debate.

(6) Sub-clauses (1) and (2) may be varied at the discretion of the Council pursuant to procedure 7 of the Local Government (Procedures at Meetings) Regulations.

(7) A Member who intends to speak at a Council meeting must stand in his or her place to signal their intention, and remain standing whilst addressing the meeting. This does not apply to Members who are ill, infirmed or otherwise incapable of standing — such Members will instead raise their hand to indicate their intention to speak (or failing an ability to do this, signal their intention to speak by some other means as agreed between the Member and the Presiding Member).

(8) The Presiding Member of a Committee will determine how Members are to signal their intention to speak. Members are not required to stand when addressing a Committee. Members must at all times address the meeting through the Presiding Member.

(9) Where two or more Members indicate their intention to speak at a meeting at the same time, the Presiding Member will determine in which order the Members will be heard.

(10) Questions asked during the course of discussion or debate in a meeting that require an answer will be directed to the Presiding Member, and will not be asked directly to a Member or officer. Answers given in response to such questions will also be directed to the Presiding Member, and will not be directed to the person initiating the question.

(11) A Member is at all times during a meeting to address and refer to another Member or an officer or employee by their official title or designation.

(12) A Member speaking at a meeting is not to make a personal reflection upon, or impute an improper motive to, another Member or to an officer or employee.

24. Voting

(1) The Presiding Member, or any other Member, may ask the Chief Executive Officer to read out a motion before a vote is taken.



(2) The Presiding Member will, in taking a vote, ask for the votes of those Members in favour of the question and then for the votes of those Members against the question (and may do so as often as is necessary to enable him or her to determine the result of the voting), and will then declare the outcome.



25. Divisions

(1) A division will be taken at the request of a Member.

(2) If a division is called for, it must be taken immediately and the previous decision of the Presiding Member as to whether the motion was carried or lost is set aside.

(3) The division will be taken as follows—

(a) the Members voting in the affirmative will, until the vote is recorded, stand in their places; and

(b) the Members voting in the negative will, until the vote is recorded, sit in their seats; and

(c) the Presiding Member will count the number of votes and then declare the outcome.

(4) A Member who is unable to stand due to injury, illness, infirmity, disability or other cause, must advise the Presiding Member that they require special arrangements to be made in order for their vote to be adequately signalled to those persons present, and so that such vote is accurately recorded in the minutes. The Presiding Member may, in consultation with the Member concerned, determine the manner in which the Member is to signal their vote.

(5) The Chief Executive Officer will record in the minutes the names of Members who voted in the affirmative and the names of the Members who voted in the negative (in addition to the result of the vote).


26. Tabling of Information

(1) A Member may require the Chief Executive Officer to table any documents of the Council relating to a motion that is before a meeting (and the Chief Executive Officer must then table the documents within a reasonable time, or at a time determined by the Presiding Member after taking into account the wishes of the meeting, and if the Member who has required the tabling indicates that he or she is unwilling to vote on the motion until the documents are tabled, then the matter must not be put to the vote until the documents are tabled).

(2) The Chief Executive Officer may, in tabling a document, indicate that in his or her opinion consideration should be given to dealing with the document on a confidential basis under section 90 or 91 of the Act.

27. Adjourned Business



(1) If a formal motion for a substantive motion to be adjourned is carried—





(4) The provisions of this procedure may be varied at the discretion of the Council pursuant to clause 7 of the Local Government (Procedures at Meetings) Regulations.

28. Short-term Suspension of Proceedings

(1) If the Presiding Member considers that the conduct of a meeting would benefit from suspending the operation of all or some of the provisions of this Division for a period of time in order to allow or facilitate informal discussions, the Presiding Member may, with the approval of at least two-thirds of the members present at the meeting, suspend the operation of this Division (or any part of this Division) for a period determined by the Presiding Member.

(2) The Guiding Principles must be taken into account when considering whether to act under sub-clause (1).

(3) If a suspension occurs under sub-clause (1)—



(i) the provisions of the Act must continue to be observed; and





(i) the Presiding Member determines that the period should be brought to an end; or

(ii) at least two-thirds of the Members present at the meeting resolve that the period should be brought to an end.



Part 3—Meetings of Other Committees

29. Application of Part 3

The provisions of this Part apply to or in relation to the meetings of any Council Committee that is not subject to the operation of Part 2.

30. Commencement of Meetings and Quorum

Clause 12(1),(4) and (5) of this Code of Practice apply to meetings of Committees to which this Part applies.

(1) If at the expiration of 45 minutes from the time specified in the notice of meeting as the time of commencement a quorum is not present, the Presiding Member will adjourn the meeting to a specified day and time.

31. Adjournment of Meetings

Clause 13 applies to meetings of Committees to which this Part applies.

32. Notice of Meetings for Members

(1) Pursuant to section 87(15) of the Act, section 87 is modified in its application in relation to the meetings of a Committee to which this Part applies as if subsections (4) and (7) to (10) of that section provided as follows:

(a) that notice of a meeting of a Committee must be given in writing, at least two clear days prior to the date of the meeting;

(b) that notice will be given for each meeting separately except where the Chief Executive Officer considers that it is more appropriate in the circumstances to provide notice of multiple meetings in a single notice (for example where a series of meetings are required within a short period of time); and

(c) that, where reasonably practicable, the notice of meeting will be accompanied by the agenda and any associated papers — in the event that notice of meeting is not accompanied by the agenda and any associated papers, adequate time will be provided during the meeting for Members to read additional documents prior to discussion of them.

33. Public Notice of Committee Meetings

(1) Pursuant to section 88(7) of the Act, section 88 is modified in its application in relation to the meetings of a committee to which this Part applies as if subsections (2), (3) and (4) provided as follows:


(b) that public notice may be given by displaying a notice and agenda in a place or places determined by the Chief Executive Officer after taking into account the nature and purpose of the committee.

34. Minutes




(a) the names of the Members present at the meeting; and

(b) apologies; and

(c) each motion carried at the meeting; and

(d) any disclosure of interest made by a Member; and

(e) details of the making of an order under section 90(2) of the Act and Section 91(7) of the Act; and

(f) a note of the making of an order under section 91(7) of the Act in accordance with the requirements of Section 91(9) of the Act; and

(g) where a Member makes a report to the Council under Matters of Interest/Concern of this Code, the minutes will reflect only that the member made a report and a brief description of the matter. In all cases the Chief Executive Officer will determine the content of the brief description in his/her absolute discretion.


35. Committee Reports to the Council

Committees to which this Part applies, are subject to the same requirements and procedures as defined in clause 16.

36. Addresses by Members

(1) Members of a committee are not required to stand when addressing the committee.

(2) Other matters relating to the manner in which Members address or contribute to the meeting will be as determined by the Presiding Member, subject to any directions from the Council.

Part 4—Miscellaneous

37. Quorum for Committees

The prescribed number of Members of a council committee constitutes a quorum of the committee and no business can be transacted at a meeting unless a quorum is present.

The prescribed number of members of a council committee is—

(a) unless paragraph (b) applies—a number ascertained by dividing the total number of members of the committee by 2, ignoring any fraction resulting from the division, and adding one; or

(b) a number determined by the Council.

38. Voting at Committee Meetings

(1) Subject to the Act and these procedures, a question arising for decision at a meeting of a council committee will be decided by a majority of the votes cast by the Members present at the meeting and entitled to vote on the question.



(2) Each Member of a council who is a Member of a council committee and who is present at a meeting of the committee must, subject to a provision of the Act to the contrary, vote on a question arising for decision at that meeting.

(3) Each member of a council committee (regardless of whether they are also a member of the council) who is present at a meeting of the committee must, subject to a provision of the Act to the contrary, vote on a question for decision at that meeting.

(4) The Presiding Member of a council committee has a deliberative vote on a question arising for decision at the meeting but does not, in the event of an equality of votes, have a casting vote.

39. Points of Order

(1) The Presiding Member may call to order a Member who is in breach of the Act or these procedures.

(2) A Member may draw to the attention of the Presiding Member a breach of the Act or these procedures, and must state briefly the nature of the alleged breach.


(4) The Presiding Member will rule on a point of order.

(5) If an objection is taken to the ruling of the Presiding Member, a motion that the ruling not be agreed with must be moved immediately.

(6) The Presiding Member is entitled to make a statement in support of the ruling before a motion under sub-clause (5) is put.

(7) A resolution under sub-clause (5) binds the meeting and, if a ruling is not agreed with—



40. Interruption of Meetings by Members

(1) A member of the Council or Council Committee must not, while at a meeting—



(2) Sub-clause (1)(b) does not apply to a Member who is—

(a) objecting to words used by a Member who is speaking; or



(3) If the Presiding Member considers that a Member may have acted in contravention of sub-clause (1), the Member must be allowed to make a personal explanation.



(4) Subject to complying with sub-clause (3), the relevant Member must leave the meeting while the matter is considered by the meeting.

(5) If the remaining Members resolve that a contravention of sub-clause (1) has occurred, those Members may, by resolution—

(a) censure the Member; or

(b) suspend the Member for a part, or for the remainder, of the meeting.

(6) A member who—

(a) refuses to leave a meeting in contravention of sub-clause (4); or

(b) enters a meeting in contravention of a suspension under sub-clause (5),

is guilty of an offence.

Maximum penalty: $1 250.

41. Interruption of Meetings by Others

A member of the public who is present at a meeting of the Council or Council Committee must not—


(b) cause an interruption.

Maximum penalty: $500.

42. Mobile Telephones

(1) Mobile telephones may not be used during a meeting by Members, officers, media representatives or persons in the public gallery. Mobile phones, if brought into the Council chambers, or Committee room, must be switched off before the meeting commences.

(2) If there are extenuating circumstances, a Member or officer may seek permission from the Presiding Member to leave a mobile telephone switched on in order to receive a telephone call of an urgent nature. Such approval must be sought and obtained before the commencement of the meeting. Any calls received by a person who has received such approval from the Presiding Member must be promptly answered and the person must then excuse themselves immediately from the chamber/room in order to conduct any conversation.

Members of the public will not be granted permission pursuant to clause 42(2) to leave their mobile telephones switched on when present at a meeting.

43. Register of Interests (Non-Elected Members)

(1) Non-elected Members of Committees are not required to submit a register of interests in accordance with Section 72(1) of the Act unless the Council resolves that a non-elected Member(s) on any particular Committee should submit such a register.




44. Nomination/Appointment of Elected Members to Internal and External Positions

Secret Ballot Procedure for Nomination/Appointment of Elected Members to Internal and External Positions

(1) Before debate on the item, the Presiding Member to call for a short term suspension of proceedings to undertake a ballot process. Note - this requires the consent of two thirds of the Members present.

(2) The Presiding Member to call for nominations.

(3) All Elected Members (including the Presiding Member) to record their vote by placing a tick against the preferred Elected Members name (or names for more than one position) on the ballot paper.

(4) A Senior Officer to collect the ballot papers.

(5) The Chief Executive Officer and a Senior Officer to count the votes separately and confirm numbers.

(6) The Chief Executive Officer to report the numbers to the Presiding Member. The Presiding Member to confirm by counting the votes.

(a) In the case of a tied vote, Elected Members to re-vote for their preferred candidate from the Elected Members who have tied for the position (repeat steps 4 and 5). In the event that the re-vote can not determine a clear winner (there is a continuing tie), then lots must be drawn to determine which candidate or candidates will be excluded (see explanation below).

(7) The Presiding Member to announce the successful candidate.

(8) The Presiding Member will then bring the suspension of meeting procedures to an end.

(9) The Presiding Member to ask for an Elected Member to move a motion in relation to the item to confirm the outcome of the ballot.

Note: When drawing lots, each Elected Member that has their name drawn is then excluded from the appointment/nomination until only one name is left. The last person to be drawn is the successful appointment.

Version: 1.1.2014

[2.1.2014] This version is not published under the Legislation Revision and Publication Act 2002 1

South Australia

Local Government (Procedures at Meetings) Regulations 2013 under the Local Government Act 1999

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Guiding Principles

Part 2—Meetings of councils and key committees

Division 1—Preliminary 5 Application of Part 6 Discretionary procedures

Division 2—Prescribed procedures 7 Commencement of meetings and quorums 8 Minutes 9 Questions 10 Petitions 11 Deputations 12 Motions 13 Amendments to motions 14 Variations etc 15 Addresses by members etc 16 Voting 17 Divisions 18 Tabling of information 19 Adjourned business 20 Short-term suspension of proceedings 21 Chief executive officer may submit report recommending revocation or amendment of

council decision

Part 3—Meetings of other committees 22 Application of Part 23 Notice of meetings for members 24 Public notice of committee meetings 25 Minutes

Part 4—Miscellaneous 26 Quorum for committees

Local Government (Procedures at Meetings) Regulations 2013—1.1.2014 Contents

2 This version is not published under the Legislation Revision and Publication Act 2002 [2.1.2014]

27 Voting at committee meetings 28 Points of order 29 Interruption of meetings by members 30 Interruption of meetings by others

Schedule 1—Revocation of Local Government (Procedures at Meetings) Regulations 2000

Legislative history

Part 1—Preliminary 1—Short title

These regulations may be cited as the Local Government (Procedures at Meetings) Regulations 2013.

2—Commencement These regulations will come into operation on 1 January 2014.

3—Interpretation (1) In these regulations, unless the contrary intention appears—

Act means the Local Government Act 1999;

clear days—see subregulations (2) and (3);

deputation means a person or group of persons who wish to appear personally before a council or council committee in order to address the council or committee (as the case may be) on a particular matter;

formal motion means a motion—





(e) that the meeting be adjourned1;

Guiding Principles—see regulation 4;

member means a member of the council or council committee (as the case may be);

point of order means a point raised to draw attention to an alleged breach of the Act or these regulations in relation to the proceedings of a meeting;

presiding member means the person who is the presiding member of a council or council committee (as the case may be) and includes any person who is presiding at a particular meeting;

written notice includes a notice given in a manner or form determined by the council.

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Local%20Government%20Act%201999

1.1.2014—Local Government (Procedures at Meetings) Regulations 2013

Preliminary—Part 1


(2) In the calculation of clear days in relation to the giving of notice before a meeting—



(3) For the purposes of the calculation of clear days under subregulation (2), if a notice is given after 5 p.m. on a day, the notice will be taken to have been given on the next day.

(4) For the purposes of these regulations, a vote on whether leave of the meeting is granted may be conducted by a show of hands (but nothing in this subregulation prevents a division from being called in relation to the vote).

Note— 1 See regulation 12 for specific provisions about formal motions.

4—Guiding Principles The following principles (the Guiding Principles) should be applied with respect to the procedures to be observed at a meeting of a council or a council committee:


(b) procedures should encourage appropriate community participation in the affairs of the council;


(d) procedures should be sufficiently certain to give the community and decision-makers confidence in the deliberations undertaken at the meeting.

Part 2—Meetings of councils and key committees

Division 1—Preliminary

5—Application of Part The provisions of this Part apply to or in relation to—

(a) the meetings of a council; and

(b) the meetings of a council committee performing regulatory activities; and

(c) the meetings of any other council committee if the council has, by resolution, determined that this Part should apply to that committee.

6—Discretionary procedures (1) Subject to the requirements of the Act, if a provision of this Part is expressed to be

capable of being varied at the discretion of the council pursuant to this regulation, then a council may, by a resolution supported by at least two-thirds of the members of the council entitled to vote on the resolution, determine that a code of practice prepared or adopted by the council that establishes its own procedures for the relevant matter or matters will apply in substitution for the relevant provision (and such a determination will have effect according to its terms).

Local Government (Procedures at Meetings) Regulations 2013—1.1.2014 Part 2—Meetings of councils and key committees Division 1—Preliminary


(2) A council should, at least once in every financial year, review the operation of a code of practice under this regulation.

(3) A council may at any time, by resolution supported by at least two-thirds of the members of the council entitled to vote on the resolution, alter a code of practice, or substitute or revoke a code of practice.

(4) A council must, in considering the exercise of a power under this regulation, take into account the Guiding Principles.

(5) A person is entitled to inspect (without charge) the code of practice of a council under this regulation at the principal office of the council during ordinary office hours.

(6) A person is entitled, on payment of a fee fixed by the council, to a copy of the code of practice.

(7) Regulation 12(4) does not apply to a motion under subregulation (3).

(8) This regulation does not limit or derogate from the operation of regulation 201. Note—

1 Furthermore, if a matter is not dealt with by the Act or these regulations (including under a code of practice under this regulation), then the relevant procedure will be—

(a) as determined by the council; or

(b) in the case of a council committee where a determination has not been made by the council—as determined by the committee.

(See sections 86(8) and 89(1) of the Act.)

Division 2—Prescribed procedures

7—Commencement of meetings and quorums (1) A meeting will commence as soon after the time specified in the notice of meeting as

a quorum is present.

(2) If the number of apologies received by the chief executive officer indicates that a quorum will not be present at a meeting, the chief executive officer may adjourn the meeting to a specified day and time.

(3) If at the expiration of 30 minutes from the time specified in the notice of meeting as the time of commencement a quorum is not present, the presiding member or, in the absence of a presiding member, the chief executive officer, will adjourn the meeting to a specified day and time.

(4) If a meeting is adjourned for want of a quorum, the chief executive officer will record in the minute book the reason for the adjournment, the names of any members present, and the date and time to which the meeting is adjourned.

(5) If a meeting is adjourned to another day, the chief executive officer must—


(b) give notice of the adjourned meeting to the public by causing a notice setting out the date, time and place of the meeting to be placed on display at the principal office of the council.


Meetings of councils and key committees—Part 2 Prescribed procedures—Division 2


8—Minutes (1) The minutes of the proceedings at a meeting must be submitted for confirmation at the

next meeting or, if that is omitted, at a subsequent meeting.


(3) On the confirmation of the minutes, the presiding member will—

(a) initial each page of the minutes, which pages are to be consecutively numbered; and

(b) place his or her signature and the date of confirmation at the foot of the last page of the minutes.



(b) in relation to each member present—




(d) any variation, alteration or withdrawal of a motion or amendment; and




(h) details of the making of an order under subsection (2) of section 90 of the Act (see subsection (7) of that section); and

(i) a note of the making of an order under subsection (7) of section 91 of the Act in accordance with the requirements of subsection (9) of that section; and

(j) details of any adjournment of business; and

(k) a record of any request for documents to be tabled at the meeting; and

(l) a record of any documents tabled at the meeting; and

(m) a description of any oral briefing given to the meeting on a matter of council business; and

(n) any other matter required to be included in the minutes by or under the Act or any regulation.

9—Questions (1) A member may ask a question on notice by giving the chief executive officer written

notice of the question at least 5 clear days before the date of the meeting at which the question is to be asked.

Local Government (Procedures at Meetings) Regulations 2013—1.1.2014 Part 2—Meetings of councils and key committees Division 2—Prescribed procedures


(2) If notice of a question is given under subregulation (1)—

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


(3) A member may ask a question without notice at a meeting.

(4) The presiding member may allow the reply to a question without notice to be given at the next meeting.


(6) The presiding member may rule that a question with or without notice not be answered if the presiding member considers that the question is vague, irrelevant, insulting or improper.

10—Petitions (1) A petition to the council must—



(c) include the name and address of each person who signed or endorsed the petition; and

(d) be addressed to the council and delivered to the principal office of the council.

(2) If a petition is received under subregulation (1), the chief executive officer must ensure that the petition or, if the council has so determined as a policy of the council, a statement as to the nature of the request or submission and the number of signatures or the number of persons endorsing the petition, is placed on the agenda for the next ordinary meeting of the council or, if so provided by a policy of the council, a committee of the council.

(3) Subregulation (2) may be varied at the discretion of the council pursuant to regulation 6.

11—Deputations (1) A person or persons wishing to appear as a deputation at a meeting must deliver (to

the principal office of the council) a written request to the council.

(2) The chief executive officer must transmit a request received under subregulation (1) to the presiding member.

(3) The presiding member may refuse to allow the deputation to appear at a meeting.

(4) The chief executive officer must take reasonable steps to ensure that the person or persons who requested a deputation are informed of the outcome of the request.

(5) If the presiding member refuses to allow a deputation to appear at a meeting, the presiding member must report the decision to the next meeting of the council or council committee (as the case may be).




(6) The council or council committee may resolve to allow a deputation to appear despite a contrary ruling by the presiding member.

(7) A council may refer the hearing of a deputation to a council committee.

12—Motions (1) A member may bring forward any business in the form of a written notice of motion.

(2) The notice of motion must be given to the chief executive officer at least 5 clear days before the date of the meeting at which the motion is to be moved.

(3) A motion the effect of which, if carried, would be to revoke or amend a resolution passed since the last general election of the council must be brought by written notice of motion.

(4) If a motion under subregulation (3) is lost, a motion to the same effect cannot be brought—


(b) until after the next general election,


(5) Subject to the Act and these regulations, a member may also bring forward any business by way of a motion without notice.

(6) The presiding member may refuse to accept a motion without notice if, after taking into account the Guiding Principles, he or she considers that the motion should be dealt with by way of a written notice of motion.

(7) The presiding member may refuse to accept a motion if the subject matter is, in his or her opinion, beyond the power of the council or council committee (as the case may be).


(9) A member moving or seconding a motion will speak to the motion at the time of moving or seconding the motion.

(10) A member may only speak once to a motion except—




(11) A member who has spoken to a motion may not at a later stage of the debate move or second an amendment to the motion.

(12) A member who has not spoken in the debate on a question may move a formal motion.

(13) A formal motion must be in the form of a motion set out in subregulation (14) (and no other formal motion to a different effect will be recognised).




(a) that the meeting proceed to the next business, then the effect of the motion, if successful, is, in the case of an amendment, that the amendment lapses and the meeting proceeds with the consideration of the motion before the meeting without further reference to the amendment and, in the case of a motion, that the motion lapses and the meeting proceeds to the next item of business; or

(b) that the question be put, then the effect of the motion, if successful, is that debate is terminated and the question put to the vote by the presiding member without further debate; or




(15) If seconded, a formal motion takes precedence and will be put by the presiding member without discussion unless the motion is for an adjournment (in which case discussion may occur (but only occur) on the details for resumption).




(b) if the formal motion was put during debate (and not at the end of debate) on a question, then a similar formal motion (ie a motion to the same effect) cannot be put until at least 1 member has spoken on the question.


(19) Any question that lies on the table as a result of a successful formal motion under subregulation (14)(c) lapses at the next general election.

(20) The chief executive officer must report on each question that lapses under subregulation (19) to the council at the first ordinary meeting of the council after the general election.

(21) Subregulations (9), (10) and (11) may be varied at the discretion of the council pursuant to regulation 6.

13—Amendments to motions (1) A member who has not spoken to a motion at an earlier stage of the debate may move

or second an amendment to the motion.






(4) If an amendment is lost, only 1 further amendment may be moved to the original motion.

(5) If an amendment is carried, only 1 further amendment may be moved to the original motion.

(6) Subregulations (1), (3), (4) and (5) may be varied at the discretion of the council pursuant to regulation 6.

14—Variations etc (1) The mover of a motion or amendment may, with the consent of the seconder, request

leave of the meeting to vary, alter or withdraw the motion or amendment.

(2) The presiding member must immediately put the question for leave to be granted and no debate will be allowed on that question.

15—Addresses by members etc (1) A member must not speak for longer than 5 minutes at any 1 time without leave of the

meeting.

(2) A member may, with leave of the meeting, raise a matter of urgency.

(3) A member may, with leave of the meeting, make a personal explanation.


(5) The contribution of a member must be relevant to the subject matter of the debate.

(6) Subregulations (1) and (2) may be varied at the discretion of the council pursuant to regulation 6.

16—Voting (1) The presiding member, or any other member, may ask the chief executive officer to

read out a motion before a vote is taken.

(2) The presiding member will, in taking a vote, ask for the votes of those members in favour of the question and then for the votes of those members against the question (and may do so as often as is necessary to enable him or her to determine the result of the voting), and will then declare the outcome.


(4) Subregulation (3)—

(a) may be varied at the discretion of the council pursuant to regulation 6; and

(b) does not apply in relation to a member participating in a council committee meeting by telephone or electronic means approved in accordance with procedures determined by the council or council committee for the purposes of section 89 of the Act.

17—Divisions (1) A division will be taken at the request of a member.



(2) If a division is called for, it must be taken immediately and the previous decision of the presiding member as to whether the motion was carried or lost is set aside.

(3) The division will be taken as follows:

(a) the members voting in the affirmative will, until the vote is recorded, stand in their places;

(b) the members voting in the negative will, until the vote is recorded, sit in their seats;

(c) the presiding member will count the number of votes and then declare the outcome.

(4) The chief executive officer will record in the minutes the names of members who voted in the affirmative and the names of the members who voted in the negative (in addition to the result of the vote).

(5) Subregulation (3) may be varied at the discretion of the council pursuant to regulation 6.

18—Tabling of information (1) A member may require the chief executive officer to table any documents of the

council relating to a motion that is before a meeting (and the chief executive officer must then table the documents within a reasonable time, or at a time determined by the presiding member after taking into account the wishes of the meeting, and if the member who has required the tabling indicates that he or she is unwilling to vote on the motion until the documents are tabled, then the matter must not be put to the vote until the documents are tabled).

(2) The chief executive officer may, in tabling a document, indicate that in his or her opinion consideration should be given to dealing with the document on a confidential basis under section 90 or 91 of the Act.

19—Adjourned business (1) If a formal motion for a substantive motion to be adjourned is carried—





(4) The provisions of this regulation may be varied at the discretion of the council pursuant to regulation 6.




20—Short-term suspension of proceedings (1) If the presiding member considers that the conduct of a meeting would benefit from

suspending the operation of all or some of the provisions of this Division for a period of time in order to allow or facilitate informal discussions, the presiding member may, with the approval of at least two-thirds of the members present at the meeting, suspend the operation of this Division (or any part of this Division) for a period determined by the presiding member.

(2) The Guiding Principles must be taken into account when considering whether to act under subregulation (1).

(3) If a suspension occurs under subregulation (1)—



(i) the provisions of the Act must continue to be observed1; and





(i) the presiding member determines that the period should be brought to an end; or

(ii) at least two-thirds of the members present at the meeting resolve that the period should be brought to an end.

Note— 1 See particularly Part 4 of Chapter 5, and Chapter 6, of the Act.

21—Chief executive officer may submit report recommending revocation or amendment of council decision

(1) The chief executive officer may submit a report to the council recommending the revocation or amendment of a resolution passed since the last general election of the council.

(2) The chief executive officer must ensure that the report is placed on the agenda for the meeting at which the report is to be considered.

(3) The provisions of this regulation may be varied at the discretion of the council pursuant to regulation 6.

Local Government (Procedures at Meetings) Regulations 2013—1.1.2014 Part 3—Meetings of other committees


Part 3—Meetings of other committees 22—Application of Part

The provisions of this Part apply to or in relation to the meetings of any council committee that is not subject to the operation of Part 2.

23—Notice of meetings for members Pursuant to section 87(15) of the Act, section 87 is modified in its application in relation to the meetings of a committee to which this Part applies as if subsections (4) and (7) to (10) of that section provided as follows:

(a) that notice of a meeting of the committee may be given in a form determined by the committee after taking into account the nature and purpose of the committee;

(b) that notice need not be given for each meeting separately;

(c) that if ordinary meetings of the committee have a set agenda then notice of such a meeting need not contain, or be accompanied by, the agenda for the meeting;

(d) that it is not necessary for the chief executive officer to ensure that each member of the committee at the time that notice of a meeting is given is supplied with a copy of any documents or reports that are to be considered at the meeting.

24—Public notice of committee meetings Pursuant to section 88(7) of the Act, section 88 is modified in its application in relation to the meetings of a committee to which this Part applies as if subsections (2), (3) and (4) provided as follows:


(b) that public notice may be given by displaying a notice and agenda in a place or places determined by the chief executive officer after taking into account the nature and purpose of the committee.

25—Minutes (1) The minutes of the proceedings of a meeting must include—


(b) each motion carried at the meeting; and

(c) any disclosure of interest made by a member; and

(d) details of the making of an order under subsection (2) of section 90 of the Act (see subsection (7) of that section); and

(e) a note of the making of an order under subsection (7) of section 91 of the Act in accordance with the requirements of subsection (9) of that section.



Miscellaneous—Part 4


Part 4—Miscellaneous 26—Quorum for committees (1) The prescribed number of members of a council committee constitutes a quorum of

the committee and no business can be transacted at a meeting unless a quorum is present.

(2) For the purposes of this regulation, the prescribed number of members of a council committee is—

(a) unless paragraph (b) applies—a number ascertained by dividing the total number of members of the committee by 2, ignoring any fraction resulting from the division, and adding 1; or

(b) a number determined by the council. Note—

See also section 41(6) of the Act.

27—Voting at committee meetings (1) Subject to the Act and these regulations, a question arising for decision at a meeting of

a council committee will be decided by a majority of the votes cast by the members present at the meeting and entitled to vote on the question.

(2) Each member of a council who is a member of a council committee and who is present at a meeting of the committee must, subject to a provision of the Act to the contrary, vote on a question arising for decision at that meeting.

(3) The presiding member of a council committee has a deliberative vote on a question arising for decision at the meeting but does not, in the event of an equality of votes, have a casting vote.

28—Points of order (1) The presiding member may call to order a member who is in breach of the Act or

these regulations.

(2) A member may draw to the attention of the presiding member a breach of the Act or these regulations, and must state briefly the nature of the alleged breach.


(4) The presiding member will rule on a point of order.

(5) If an objection is taken to the ruling of the presiding member, a motion that the ruling not be agreed with must be moved immediately.

(6) The presiding member is entitled to make a statement in support of the ruling before a motion under subregulation (5) is put.

(7) A resolution under subregulation (5) binds the meeting and, if a ruling is not agreed with—



Local Government (Procedures at Meetings) Regulations 2013—1.1.2014 Part 4—Miscellaneous


29—Interruption of meetings by members (1) A member of a council or council committee must not, while at a meeting—



(2) Subregulation (1)(b) does not apply to a member who is—

(a) objecting to words used by a member who is speaking; or



(3) If the presiding member considers that a member may have acted in contravention of subregulation (1), the member must be allowed to make a personal explanation.

(4) Subject to complying with subregulation (3), the relevant member must leave the meeting while the matter is considered by the meeting.

(5) If the remaining members resolve that a contravention of subregulation (1) has occurred, those members may, by resolution—

(a) censure the member; or

(b) suspend the member for a part, or for the remainder, of the meeting.

(6) A member who—

(a) refuses to leave a meeting in contravention of subregulation (4); or

(b) enters a meeting in contravention of a suspension under subregulation (5),

is guilty of an offence. Maximum penalty: $1 250.

30—Interruption of meetings by others A member of the public who is present at a meeting of a council or council committee must not—


(b) cause an interruption. Maximum penalty: $500.

Schedule 1—Revocation of Local Government (Procedures at Meetings) Regulations 2000

The Local Government (Procedures at Meetings) Regulations 2000 are revoked.

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=subordleg&legtitle=Local%20Government%20(Procedures%20at%20Meetings)%20Regulations%202000


Legislative history


Legislative history

Notes

• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.

Principal regulations Year No Reference Commencement 2013 278 Gazette 12.12.2013 p4642 1.1.2014: r 2

DECISION REPORT REPORT TITLE: PROPERTY MANAGEMENT POLICY ITEM NUMBER: 1014 DATE OF MEETING: 28 JANUARY 2014 AUTHOR: JOB TITLE:

ALAN JOHNS MANAGER, PROPERTY ASSETS


JOHN DEVINE GENERAL MANAGER, ASSETS & INFRASTRUCTURE

COMMUNITY GOAL: LIVING

2.4 HEALTHY AND ACTIVE COMMUNITY

ORGANISATIONAL EXCELLENCE 5.3 GOOD GOVERNANCE AND LEGISLATIVE

FRAMEWORK REPRESENTORS: NIL ATTACHMENTS: 1. DRAFT PROPERTY MANAGEMENT

POLICY 2. CURRENT POLICY COU53 3. INDICATIVE FEE CALCULATIONS

PURPOSE To seek Council endorsement of a new Property Management Policy reflecting the proposed method of assessing discounts for Community Leases. RECOMMENDATION MOVED: SECONDED: That: 1. The report be received. 2. The Draft Property Management Policy (Attachment 1 to Item 1014/14) be

endorsed.

(This is page 13 of the Council Agenda Reports for 28 January 2014)

BACKGROUND Review of the policy and its lease fee assessment tool was implemented as it was considered there was ambiguity in utilising the existing criteria. The Administration believed this had the potential to lead to inequitable and inconsistent decision making and a lack of transparency in the process. This review process included: • Analysis of current policy and assessment tool • Investigation of options for current leases including discussions with clubs/organisations • Review of other local government Policies • Research for policy development and assessment review • Briefings with Elected Members COMMUNITY ENGAGEMENT Informal discussions have taken place with a number of sporting clubs in relation to the existing methods of determining lease fees along with a review of commentary collected during the consultation phase of the Community Asset Review. Subject to acceptance of the proposed Policy, all lessee / licensees will be advised of the new equitable and transparent process. A number of Elected Member briefings were held last year (2013) to discuss the current assessment tool in relation to the calculation of lease and license fees and the method of determining lessee status (ie: community or for [profit) have been conducted to consider: DISCUSSION Current Process Council’s current Property Management Policy (No. COU53) defines a community lease as

“… any rental or licensed-use agreement whereby Council allows any of its properties,

in whole or part, to be used regularly for in excess of six months by any organisation whose primary objective is service to the community rather than profit.”

Community Leases are assessed in accordance with section 4.1.4.1 of the Policy. Currently the lease fee is established by calculating a discount according to the following four categories and subtracting this from the market valuation:

• Non exclusivity • Community advantage (maximum discount 40%) • Capacity to pay (maximum discount 25%)


• Improvement and Maintenance activities maximum discount 20%

Attachment 2

Currently the information used to conduct this assessment is obtained from the lessee via a questionnaire and combined with relevant officers knowledge. The current assessment however, is subjective as there is no clear definition of the categories and no defined criteria. This has the potential to lead to inequitable and inconsistent decision making and provides minimal direction to the lessees of Council’s expectations. Proposed Assessment Tool The proposed assessment tool for community leases has been designed to facilitate transparent and equitable decision making by providing a clear and consistent ‘valuation base figure’ that utilises Council’s Capital Replacement Valuation and predetermined percentage figures according to a criteria that embraces three categories: (1) Local Unley Community @ 1% of base value, (2) wider South Australian community (eg – Peak Body) @ 3% of base value (3) semi – commercial/community @ 8% of base value. The proposed assessment method reflects the principles of Council’s Property Management Policy and the Community Plan. Council’s full commercially leased properties (ie: BarZaar) will continue to be assessed utilising current Market Valuation and rent recommendations from a Licensed Valuer. If there are no capital improvements on the site (eg: 41 Oxford Tce), the most recent Valuer General’s determination will be utilised as the base figure. Minimum Lease Fee The proposed policy outlines a minimum lease fee of $750 per year A minimum fee is recommended to acknowledge and make some contribution to the ongoing maintenance and capital outlay required of Council. This represents less than $15 per week on an annual lease. Other Policy Changes In addition to the change in assessment methodology, several other minor changes are recommended: Formalisation of Lease and Licenses be delegated to the Administration

except where the organisation disputes the proposed fee structure OR wishes to address Council in relation to their proposed lease / license OR where a new tenant or change of use is proposed.


Removal of Acquisition and Sale / Disposal of Community Properties from this revised Policy – these sections to be reviewed and included in a new Policy – Property Acquisition and Disposal which will be presented to Council during 2014.

Standardised five (5) year Lease / License offered to all organisations at the time of renewal.

ANALYSIS OF OPTIONS

Option 1 – Endorse the new Property Management Policy (Attachment 1 to Item 1014/14) This option will endorse a new Property Management Policy that includes criteria to assess community leases. This will allow Council to continue to support groups that are providing an activity that benefits the community. The new policy provides clearly defined criteria to facilitate transparent and equitable decision making and the ability to communicate clear expectations to lessees. The proposed assessment criteria is consistent with Council policy and the Community Plan. Although it is difficult to quantify the financial implications the policy is unlikely to reduce Council income and unlikely to significantly disadvantage community lessees whose lease was assessed under the current system. By utilising existing delegations to the CEO to formalise leases and licenses, delays involved with Council meeting cycles will be minimised.

Option 2– Do not endorse the proposed policy and continue the current process

This option will still allow Council to support groups providing a community benefit but provides no criteria or definitions. The current process provides no guidance to assist the Administration in assessing leases and can lead to inconsistent and subjective decision making. Lessees have expressed concern about the current process and perceived inequities.

RECOMMENDED OPTION Option 1 is the recommended option.


POLICY IMPLICATIONS The proposed policy outlines a clear guide for the assessment of leasing and licensing for Council owned facilities. There will be minimal financial implications to Council as a result of the introduction of the revised pricing methodology. Community lessees who have leases that were assessed either outside or prior to the current process are likely to face increased fees. It should be noted that these lessees would also face an increase should the current system continue. If the first review of a lease or license under these new guidelines result in a significant fee increase (equal to or greater than 20%), Council may opt to phase it in over a five year period. Should review of lease or license fees under the new Policy guidelines result in a reduced fee to organisations, the current fee will remain in place until such time as the new guidelines indicate an assessed fee is equal or greater than the current fee. CONCLUSION Council’s Property Management Policy currently provides discount lease fees for community lessees who provide activities that benefit the community. The current assessment is subjective as there is no clear definition of the categories and no defined criteria. This has the potential to lead to inequitable and inconsistent decision making and provides minimal direction to the lessees. Adoption of a new Property Management Policy that is standardised, equitable, transparent, easily and consistently applied, is easily understood and defensible, assists in delivering Councils’ strategic objectives and recognises the tenant, is recommended. In line with existing delegations under Sections 202(1) and (5) of the Local Government Act, the formalising of lease and license documentation will remain delegated to the Administration except when:

1. The tenant disputes the proposed fee and they wish to address Council.

2. There is a change of use proposed for the facility. 3. A new tenant is seeking a lease / license.


Property Management Policy Type: Council Policy


Responsible Department: Assets & Infrastructure

Responsible Officer: General Manager A & I

Legislation

Local Government Act 1999 – Chapter 11 Development Act 1993 Real Property Act 1886 Retail & Commercial Leases Act 1995

Relevant Delegations: NA

Related Policies and Procedures Disposal of Surplus non-community land

Community Goal 2.4 Healthy and Active community 5.3 Good governance and legislative framework

Previous Policy No 44 and 1.7.08

Date Adopted:

Review Date: 1. POLICY STATEMENT

The City of Unley supports a Property Management Policy that is: • Standardised • Equitable • Transparent • Easily and consistently applied • Easily understood and defendable • Assists in delivering strategic objectives • Recognises the Lessee Council will develop and utilise a structured and consistent approach to the management and asset management of Council’s building assets. Building Assets of Council – Two categories of building assets are considered within this policy:

1) Civic, Community and Recreation Assets – such as libraries, community

centres, halls, cultural development centres (e.g. art, theatre and craft) or sporting facilities such as tennis courts, bowling clubs, ovals, etc.

Page 1 of 4

2) Commercial Assets – offices, retail shops, residential properties that have been acquired for the purposes of achieving a strategic community or economic objective.

2. GUIDING PRINCIPLES for PROPERTY ASSETS

Principle 1 – Equity across the community A balanced approach is taken ensuring that residents across the community

have equal opportunities for required services Principle 2 – Sustainable assets Assets are designed & maintained in a manner cognizant of a triple bottom line

outcome (financial; environmental; social) & utilizing a life cycle approach Principle 3 – Risk sensitive Asset based decisions are done so in a manner where risks are identified,

understood and managed (WHS; Environ; Public Safety; Political) Principle 4 – Strategic consistency Assets related to services are planned & maintained within an integrated

planning framework Principle 5 – Functional & Service Level Assets are designed & maintained to ensure they are fit for purpose, meeting

the agreed Level of Service Principle 6 – Compliant Assets are designed & maintained to meet compliance requirements at a

minimum Principle 7 – Innovation & improvement focused Alternative methods of providing services/ assets are regularly examined, &

improvements considered, ensuring “best value” options are applied

3. COMMUNITY AND RECREATION and COMMERCIAL AND STRATEGIC ASSETS

3.1 Lease or Licence Management

3.1.1 Definition A lease or license is defined as any rental or licensed-use agreement

whereby Council allows any of its properties, in whole or part, to be used regularly for in excess of six months by any organisation.

Leasing refers to the exclusive use of a property or facility by a group

whilst licencing relates to shared use of a property or facility. 3.1.2 Scope Properties subject to lease may include halls, cottages, open space,

institutes/community centres, playing fields, clubrooms, car parks, spectator facilities, courts (and/or any combination of the above) or commercial properties.

3.1.3 Objective Council will attempt to secure the optimum return, including cost

recovery for specialist services (ie – pitch preparation) on leasing and

licensing of community facilities without jeopardising the viability of services.

Council will attempt to secure the optimum return on all commercial

facilities. 3.1.4 Process

3.1.4.1 New and Renewal Lease or Licence

The Assets and Infrastructure Department will (in conjunction with Community Services Department and the tenant) undertake a rent review three (3) months prior to the expiration of the current lease or licence and undertake appropriate negotiations with the tenant. If the Tenant and the Administration agree on all terms and conditions of the proposed Lease or License, the Administration will have delegated authority to formalise the Agreement. Details of all Leases and Licenses formalised under delegation shall be reported to Council on a quarterly basis. Should the Tenant and Administration not be able to reach agreement on the proposed Terms and Conditions of an Agreement or the Tenant wishes to address Council, a report shall be prepared for the next convenient meeting of Council.

3.1.5 Asset maintenance Lease documents will include clear responsibilities for lessees to

maintain the asset in accordance with asset management plan for the building or make the necessary financial contribution through the lease fee to meet such maintenance costs.

3.1.6 Legislation The administration of community leases must take account of any

relevant Community Land Management Plans and the provisions of the Local Government Act 1999, Sections 196 and 202.

4. Asset Management

Council is committed to undertaking a regular asset audit of all its buildings for the purposes of identifying short, medium and long term maintenance and capital expenditure in line with the legislative and risk management objectives of the Asset Management Plan and the Guiding Principles.

5. ASSESSMENT PROCEDURES 5.1 Determination of Tenant Category

The City of Unley recognises three distinct types of organisation when considering leasing and licensing:

• local community – services and activities focussed on the Unley community

• state-wide / peak body – community services provided across South Australia, perhaps as a ‘peak body’

• commercial – income generation as prime focus When determining which asset category is appropriate when considering a proposed lease or license, the following should be considered when calculating lease and license fees.

• Financial statements, • Annual and Business Plans, • Articles of Incorporation, • Mission, Vision and Values • Stakeholder group • Other documents as required.

5.2 Process for assessing lease and license fees Lease and license fees are established as a percentage of the assessed Capital Replacement Value of the property (used to update asset valuations in the audited Financial Statements and updated at least 5 yearly)

• Local community – shall be fixed at 1% of the Capital ` Replacement Value • State-wide / peak body – shall be fixed at 3% of the Capital Replacement Value • Semi Commercial / Community – shall be fixed at 8% of the Capital Replacement Value (or assessed market rate if a new tenancy)

The minimum fee levied will be no less than $750 per annum.

Lease and License Agreements will be negotiated based on the following: (a) current Capital Replacement Valuation appropriate to the property and portion of lettable time; (b) lease terms to be of a fixed period of five (5) and (c) annual automatic rental indexations in line with the Consumer Price Index (all groups – June quarter). and will include the following conditions: Standard leases will define lessee responsibility to include:

• All utilities (including water) • All general maintenance (excluding any structural or capital

improvement works unless self-funded and supported by Lessor)

Standard licenses will define licensee responsibility to include:

• All general and specialised site maintenance and preparation • Will specify how utilities and maintenance will be managed

Property Management Policy Type: Council Policy


Responsible Department: Urban Services

Responsible Officer: General Manager Urban Services

Legislation Local Government Act 1999 – Chapter 11 Development Act 1193 Real Property Act

Relevant Delegations: NA

Related Policies and Procedures Disposal of Surplus non-community land

Community Goal

4.1 Ensure that urban development and infrastructure meet the changing needs of the City whilst building upon the character and amenity 4.5 Maintain Council’s park, reserves and building assets with an effective maintenance program

Previous Policy No 44 and 1.7.08

Date Adopted: 26 May 2008

Review Date: Fees reviewed 26/10/09 Report #544 May 2010

1. POLICY STATEMENT

The purpose of this policy is to provide a structured and consistent approach to the management, asset management, acquisition and sale / disposal of Council’s building assets. Building Assets of Council – Two categories of building assets are considered within this policy:

1) Community and Recreation Assets – such as libraries, community centres,

halls, cultural development centres (e.g. art, theatre and craft) or sporting facilities such as tennis courts, bowling clubs, ovals, etc.

2) Commercial Assets – offices, retail shops, residential properties that have been

acquired for the purposes of achieving a strategic community or economic objective.

2. DEFINITIONS

Page 1 of 13

2.1 Management – the statutory relationship between the users of the facility and

Council, i.e. by lease, licence (indirect) or by management committee or staff (direct) under the legal auspices of Council.

2.2 Asset Management – a process and system of regular review that provides a

comprehensive overview of ongoing maintenance to ensure maximum life of the asset.

2.3 Acquisition – the purchase of an asset to meet a community or recreational

need or to achieve a strategic community or economic outcome. 2.4 Sale/disposal – an asset may be sold where the requirement for the service no

longer exists, an alternative solution for service provision or achieving the strategic objective can be realised or the cost of long-term maintenance of the asset outweighs the identified benefit.

3. GUIDING PRINCIPLES

3.1 Building assets and their role and function should not duplicate what can be provided by other facilities.

3.2 Resource sharing, multi-use agreements, joint use agreements, partnership

agreements and strategic alliances should be pursued to ensure services and activities occur and that Council’s built assets are maximised.

3.3 Council must budget for the annual cost and maintenance activities necessary

to ensure all built assets achieve their maximum life. 3.4 Building assets are provided to meet an identified community or recreational

need or strategic objective where alternatives do not exist. 3.5 Council manages its assets in accordance with its statutory requirements. 3.6 Council must ensure that the built assets it owns and maintains are appropriate

to the intended services it seeks to provide.

4. COMMUNITY AND RECREATION ASSETS

4.1 Lease or Licence Management

4.1.1 Definition A community lease is defined as any rental or licensed-use agreement

whereby Council allows any of its properties, in whole or part, to be used regularly for in excess of six months by any organisation whose primary objective is service to the community rather than profit.

4.1.2 Scope Properties subject to community lease may include halls, cottages,

open space, institutes/community centres, playing fields, clubrooms, car parks, spectator facilities, courts and/or any combination of the above.

4.1.3 Objective

Council will attempt to secure the optimum return on leasing of community facilities without jeopardising the viability of services.

4.1.4 Process

4.1.4.1 New and Terminated Lease or Licence

A report shall be presented to the City Strategy and Policy Committee at least two months prior to the termination or commencement of any community lease. The report should contain recommendations according to the following criteria:

(a) a current market value rental appropriate to the property and

portion of lettable time; (b) discounts recommended on the basis of the assessment process

outlined in section 6.2; (c) lease terms to be of any period up to three years, and to contain

triennial periods for review if full term is in excess of three years; and

(d) annual automatic rental indexations in line with the Consumer Price Index.

4.1.4.2 Lease or Licence Extension A report shall be presented to the City Strategy and Policy Committee at least two months prior to the extension of a lease if: (a) the lessee is in default (b) the lessee and the administration fail to reach agreement on the

rent

4.1.5 Asset maintenance Lease documents to include clear responsibilities for lessees to

maintain the asset in accordance with asset management plan for the building or make the necessary financial contribution through the lease fee to meet such maintenance costs.

4.1.6 Legislation The administration of community leases must take account of any

relevant Community Land Management Plans and the provisions of the Local Government Act 1999, Sections 196 and 202.

4.2 Asset Management

4.2.1 Maintenance Council is committed to undertaking an asset audit of all its buildings for

the purposes of identifying short, medium and long term maintenance expenditure in line with legislative and risk management objectives.

The annual asset maintenance costs derived from the asset register

and management plan should be considered when setting the lease or licence fees or as part of the legal responsibility of the tenant to meet.

Every second year Council will inspect its building assets and update

its asset register and management plan, valuations and depreciations

while assessing work that has been undertaken in accordance with the asset management plan.

4.2.2 New and replacement Where an existing asset has reached the end of its useful life and may

need replacing or a request is received by the users to create an additional asset as part of the building, community or recreation complex, the principles of this policy and asset acquisition must be applied. In particular, a cost benefit analysis including a shared cost arrangement should be developed and, as a benchmark, the costs should be shared equally between Council, State and external funding sources and the users of the facility/building.

4.3 Acquisition

The acquisition of property can only occur in accordance with the guiding principles of this policy; in particular, can the service be delivered without a Council building being purchased through joint ventures, multi-use facilities, combining like activities and services through amalgamations, etc. Where purchase is still being considered and prior to purchase a full asset audit and management plan should be undertaken so that the long term financial costs associated with maintenance, depreciation, legislative compliance, service delivery, refurbishment and redevelopment is understood.

4.4 Sale and Disposal

Assets are owned by Council as a means of providing a service. An asset can be sold or disposed of when – (a) the requirement for the service is deemed to be no longer required by

Council. (b) There is a better solution for ensuring the continuation of the same

service which is in accordance with this policy’s guiding principles; and (c) the asset is obsolete in that the long term cost of maintaining the asset

based on the asset management plan is considered financially too great for the perceived benefits being derived from the service.

Community and recreation assets can only be sold or disposed of in accordance with Council’s Community Consultation policy, community land management plan and in accordance with the Local Government Act 1999 and, where applicable, the Development Act 1993. Council must first receive a report in accordance with the principles contained within this policy to determine if the asset is obsolete or no longer required for the purposes of determining if public consultation is justified. If Council choose to undertake public consultation then Council must receive a final report based on the outcome of the public consultation and determine if the asset is to be sold or disposed. All building assets determined by Council suitable for sale shall be disposed of through an independent accredited agent (e.g. auctioneer, real estate agent) duly engaged in accordance with Council’s procurement policy with the asking price set at an independent market rate.

5. COMMERCIAL ASSETS

5.1 Lease Management 5.1.1 Definition A commercial lease is defined as an arrangement whereby Council allows its

properties to be used for commercial ventures. Such commercial leases may be applied to properties Council has acquired for the purposes of achieving a strategic community or economic objective.

5.1.2 Scope Properties subject to commercial lease will be properties owned by Council

which are leased for the purposes of retail, commercial offices, consulting, rental accommodation or other for profit ventures. The property should be suitable and appropriate for its commercial use.

5.1.3 Objective Commercial assets will be managed by lease where full market rent based on

an independent valuation will be applied. Lease terms and conditions will be set in accordance with market based

tenancy agreements; and There will be no discounts to lease fees for any reason other than those

relating to market conditions. 5.1.4 Process

5.1.4.1 New and Terminated Lease or Licence

A report shall be presented to the City Strategy and Policy Committee at least two months prior to the termination or commencement of a commercial lease. The report should contain recommendations according to the following criteria:

(a) current market value rental appropriate to the property (b) lease terms in accordance with the Reality Act of SA (c) Due diligence report of proposed tenant which demonstrates their

capacity to pay (d) If the proposed tenant is the current tenant and administration views

on their reliability by way of payment, property upkeep and other cost impacts upon the Council.

(e) leases with more than one term to contain a clause enabling Council to refuse an extension based on the criteria outlined in 5.4 a,b,c,d.

(f) Should the current tenant not wish to continue then administration is to undertake a competitive process in an endeavour to ensure best value for Council.

5.1.4.2 Lease or Licence Extension Where the existing lease is to be extended for a further term in accordance with lease, administration will obtain a current market rental which is to be applied to the extended term. Annual automatic rental indexations in line with Consumer Price Index will apply.

A report shall be presented to the City Strategy ad Policy Committee where practicable at least two months prior to the extension of a lease if: (a) the lessee is in default (b) the criteria outlined in 4.4 a,b,c,d apply.

5.1.5 Asset Maintenance

Lease documents to include clear responsibilities for lessees to maintain the asset in accordance with the asset management plan for the building or make the necessary financial contributions through the lease fee to meet such maintenance costs. 5.1.6 Legislation

The administration of commercial leases must take into account the requirements of the Real Property Act and the Retail and Commercial Act

5.2 Asset Management

Council is committed to undertaking an asset audit of all its buildings for the purposes of identifying short, medium and long term maintenance expenditure in line with legislative and risk management objectives.

The annual asset maintenance cost derived from the asset register and

management plan should be considered when setting the lease or licence fees or as part of the legal responsibility of the tenant to meet.

Every second year Council will inspect its building assets and update its asset

register and management plan, valuations and depreciations while assessing work that has been undertaken in accordance with the asset management plan.

5.3 Acquisition Commercial properties should only be considered for acquisition where a

business case is developed. This business case should identify an agreed strategic objective enunciated in a previously endorsed strategic document. Such documents can include traffic management studies, economic development plans, parking strategies and public open space plans.

Where purchase is still being considered and as part of the business case a

full asset audit and management plan should be undertaken so that the long term financial costs associated with maintenance, depreciation, debt servicing, legislative compliance, refurbishment and redevelopment to fulfil the strategic objective is understood. The business case should also consider annual return on investment, etc.

The decision to purchase the asset rests with the Council based on the

business case as presented by the Administration.

5.4 Sale and Disposal Where existing commercial assets do not clearly fulfil a strategic objective and

the asset liability presents a financial and statutory risk, a report, taking into account the above and “market trends and forecasts” should be presented to Council for sale and disposal consideration.

Assets are owned by Council as a means of achieving an agreed strategic

objective. A commercial asset can be sold or disposed of when:

(a) The strategic requirement for owning the asset has been achieved or is deemed by Council to be achieved via different means.

(b) There is a better solution for achieving the strategic objective in

accordance with this policy’s guiding principles. (c) Where it may be better to lease an asset for the purpose. (d) The asset is obsolete in that the long term cost of maintaining the asset

based on the asset management plan, depreciation and debt servicing requirements is considered financially too great for the perceived benefits being derived from its ownership.

Council must first receive a report in accordance with this policy to determine if

the asset is obsolete or no longer required for the purposes of determining if sale and disposal is appropriate. Where the commercial building is not classified as a community land public consultation will be considered on a case by case basis in accordance with Council policies and relevant legislation.

All building assets determined by Council suitable for sale shall be disposed of through an independent accredited agent (e.g. auctioneer, real estate agent) duly engaged in accordance with Council’s procurement policy with the asking price set at an independent market rate.

6. ASSESSMENT PROCEDURES 6.1 Determination of Asset Category

The following information may be sought to determine which asset category a lease falls within:

• Financial statements, • Annual and Business Plans, • Articles of Incorporation, • Proof of charitable status, • Other documents as required.

6.2 Process for assessing discounts

The criteria detailed in Table 1 will be used to assess leases in accordance with 4.1.4.1 of this policy.

The information required to make this assessment will be collected from the Lessee via a questionnaire. Support can be provided to the group to complete the questionnaire. Where examples are provided in the criteria, it is not necessary for all examples to be relevant to the Lessee. Alternatively, there could be other examples. The examples are provided as a guide. The size and nature of the group will be considered when applying these assessment criteria. The score allocated to the lessee will represent the percentage discount to be deducted from the market valuation obtained as per section 4.1.4.1. The minimum fee for an annual will be no less than $500 per annum.

Table 1: Criteria for Assessing Discounts Section 1: Infrastructure and Development Maximise use of facility Scoring Range 0-6 Scoring Guide 6- Significant and ongoing arrangement to share the facility with another group and/or public 3- Some sharing of facility e.g. use by other community groups 1- Irregular /occasional sharing arrangements 0- No sharing of facility (unless shared use is not feasible – see below). NOTE: If shared use is not feasible due to existing maximised use, legislation or other valid circumstances, a higher score will be allocated (up to a score of 6, depending on the circumstances) Lessee contribution to capital replacement Scoring range 0-6 Scoring Guide 6- Lessee has contributed and / or regularly contributes significant funds (its own or external grants) to Council’s capital replacement 3-Lessee contributes to Council’s capital replacement with significant in kind support or small cash contributions 1- Lessee makes minor contribution to Council’s capital replacement 0- Lessee does not contribute to Council’s capital replacement Undertakes all requirements of lease Scoring range 0-6 Scoring guide 6- Lessee undertakes all requirements of the lease, e.g. paying for utilities, minor maintenance requirements, timely payment of lease fees, adhering to relevant booking processes. 3- Lessee undertakes most requirements of the lease and is working toward resolving any outstanding issues. 1-Lessee is not currently adhering to lease terms (but has in the past). 0-Lessee has not adhered to lease terms over a sustained period. Lessee has full responsibility for the facility Scoring range 0-10 Scoring guide 10-Lessee has full responsibility for the facility including capital spending, structural and general maintenance etc. 5- Lessee has considerable responsibility for facility e.g. ground maintenance, general maintenance. 1- Lessee undertakes only minor maintenance 0- Lessee does not contribute to the development or upkeep of the facility

Section 2: Community Life Activities contribute to well being of participants/members. Scoring Range 0-7 Scoring Guide 7 – Lessee provides services to enhance the well being, health and fitness, skill development, social interaction, or community participation of a large group of Unley residents. 4 – Lessee provides services to enhance the well being, health and fitness, skill development, social interaction, or community participation of a small group of Unley residents and a large regional population 2 – Lessee provides services to enhance the well being, health and fitness, skill development, social interaction, or community participation of a relatively small number of people. (unless numbers are restricted, see below) 0 – Lessee provides services that offer little or no community benefit. NOTE: If the lessee can only service small numbers due to the scope of a program or facility, a higher score could be allocated. Activities contribute to wider community Scoring range 0-3 Scoring Guide 3- Lessee undertakes regular/ongoing activities that serve the local community beyond the regular participants/members e.g. builds community capacity and networks, participates in community service activities, makes a significant contribution to the heritage, history and culture of the City. 2- Lessee undertakes activities on an irregular basis that serve the local community beyond the regular participants/members e.g. builds community capacity and networks, participates in community service activities, makes a significant contribution to the heritage, history and culture of the City. 1- Lessee undertakes little community service other than that provided to its regular participants/members. 0- Lessee has no involvement in the community beyond its regular participants/members. Access/programs for special interest groups Scoring range 0-5 Scoring Guide 5- Lessee provides regular programs and actively encourages involvement in the group by youth, elderly people, women, people with disabilities, people from culturally and linguistically diverse backgrounds, indigenous people or other special interest groups. 3- Lessee provides programs and involvement in the group by youth, elderly people, women, people with disabilities, people from culturally and linguistically diverse backgrounds, indigenous people or other special interest groups either on an irregular basis or with minimal involvement in the community life of the group. 1-Lessee provides programs that can be accessed by special interest groups but does little to reduce the barriers or encourage participation. 0-Lessee provides no opportunities for involvement by special interest groups. Encourage participation Scoring range 0-5 Scoring Guide 5 – Lessee has a range of methods to encourage participation e.g. accessible “membership” structure, open days, opportunity for casual use and general community involvement, non competitive or social activities, and beginner programs. 3 - Lessee has some methods to encourage participation e.g. accessible “membership” structure, open days, opportunity for casual use and general community involvement, non competitive or social activities and beginner programs. 1 – Lessee has limited methods to promote broad participation. 0 – Lessee does not encourage broad participation.

Section 3: Environmental Protection Waste management Scoring range 0-3 Scoring Guide 3- Lessee has system in place to significantly reduce waste and to recycle. 2- Lessee has regular recycling and attempts to reduce waste 1- Lessee makes some effort to recycle 0- Lessee makes no effort to reduce waste or recycle. Reduction of environmental impact Scoring range 0-3 Scoring Guide 3- Lessee has undertaken environmental projects and/or actions to reduce its water and energy consumption, educate its participants and generally contributes to environmental sustainability. 2-Lessee has undertaken small projects or an education process to reduce its environmental impact. 1-Lessee has made minor contribution to reducing environmental impact. 0- Lessee has not undertaken any project or activity to reduce environmental impact Section 4: Leisure and Learning Specific personal / skill development for participants and/or members Scoring range 0-5 Scoring Guide 5 – Lessee demonstrates a comprehensive personal or skill development program for participants and members e.g. documented training program and updates, regular attendance at training, induction process 3- Lessee demonstrates a commitment to personal or skill development for participants and members, but not a comprehensive program e.g. attendance at some training courses, irregular involvement, no annual program. 1- Lessee demonstrates minimal personal or skill development programs for participants and members 0 - Lessee demonstrates no commitment to providing personal or skill development opportunities for participants and members Specific skill development for volunteers and officials Scoring range 0-5 Scoring Guide 5- Lessee demonstrates a comprehensive skill development program for volunteers and officials e.g. documented training program and updates, regular attendance at training, comprehensive induction and support 3- Lessee demonstrates a commitment to skill development for volunteers and officials but not a comprehensive program e.g. attendance at some training courses, informal induction process, irregular involvement with no annual plan. 1- Lessee demonstrates minimal skill development programs for volunteers and officials 0 - Lessee demonstrates no commitment to providing skill development opportunities for volunteers and officials

Section 5: Governance Written Plan Scoring range 0-3 Scoring Guide Relative to the size, complexity and turnover of the organisation the: 3 – Lessee has a detailed plan with goals, actions and measurements, defining the future of the organisation. This includes budget projections. 2 – Lessee has a plan with some detail and budget projections. 1 – Lessee has very basic outline of future plans. 0 – Lessee has no documented plan. Evaluation of Written Plan Scoring range 0-2 Scoring Guide 2- Lessee conducts annual (or more frequent) documented review and update of written plan 1- Lessee conducts minimal review of written plan 0- No evidence of documented regular review of written plan Policies and Procedure Scoring range 0-3 Scoring Guide 3- Lessee has documented policies and procedures relevant to its activity and an effective system for reviewing them. Lessees should have a documented risk management policy and framework, and any other relevant policies and procedures including social and environmental policies and policies related to compliance with relevant legislation and Australian standards. 2- Lessee has some evidence of documented policies and procedures relevant to its activity and a system for reviewing them. 1-Lessee has minimal documentation relating to policies and procedures 0-Lessee has no documented policies and procedures

Section 6: Economic Sustainability Financial Sustainability Scoring range 0-5 Scoring Guide Relative to the size, complexity and turnover of the organisation the: 5- Lessee has systems in place to monitor and enhance its financial sustainability including a regular review of fees and charges, preparation and sign off of a long term financial plan, an annual review of financial position and preparation and audit of annual financial statements. 3- Lessee has some systems in place to monitor and enhance its financial sustainability including a review of fees and charges, an annual review of its financial position and preparation and audit of annual financial statements. 1-Lessee has minimal systems in place to monitor its financial sustainability. 0-Lessee does not have a system to monitor its financial sustainability Grant Funding Scoring range 0-3 Scoring Guide 3- Lessee actively plans for and pursues grant funding from external sources 2- Lessee occasionally plans for and pursues grant funding from external sources 1- Lessee rarely pursues grant funding from external sources 0- Lessee does not plan for or pursue grant funding Financial Position Scoring range 0-5 Scoring Guide This information will be calculated by the Council Administration from the financial statements provided by the lessee. 5- Lessees financial statement indicates an annual operating surplus, interest covers expenses ratio less than or equal to 5% and net financial liabilities less than 100% of annual income. 3- Lessees financial statement indicates an annual operating surplus, interest covers expenses ratio less than or equal to 10% and net financial liabilities less than 150% of annual income. 1- Lessees financial statement indicates an annual operating deficit, interest covers expenses ratio greater than 10% and net financial liabilities greater than 150% of annual income. 0- Lessees financial statement was not provided.

Leasee Address BaseValue

Current Annual Rent (GST Excl) Other

1% of Replace

Value 3% of Replace

Value

Semi commercial - 8% of Replace Value adjusted

Forestville Hockey Club Forestville Hockey Clubrooms 312,000 2,913$ 3,120$ Goodwood Saints Football Main Grandstand - club portion - 50% 500,000 3,239$ 2,500$ Goodwood Cricket Club Main Grandstand - club portion - 50% 500,000 3,239$ 2,500$

Tennis SA Tennis SA Office, Clubrooms & Store Shed 260,000 7,729$ 7,800$ Sturt Lawn Tennis Club 1 TRIMMER TERRACE, UNLEY 346,340 4,166$ 3,463$ Sturt Bowling Club 1 TRIMMER TERRACE, UNLEY 395,000 2,392$ 3,950$ Millswood Croquet Club 18C Millswood Crescent, MILLSWOOD 208,000 1,036$ 2,080$ Millswood Lawns Bowling 18D MILLSWOOD CRESCENT 300,000 1,393$ 3,000$ Millswood Lawn Tennis Club 18E Millswood Crescent, MILLSWOOD 267,000 3,300$ 2,670$ Goodwood Childcare Centre 31 Rosa Street, Goodwood 466,440 14,187$ 13,993$ Fairmont Tennis Club Page Park 205,000 1,625$ 2,050$ Child & Youth Health Fullarton Park Centre 154,000 9,916$ 12,320$ St Johns 72 Edmund Ave, Unley 252,000 8,813$ 7,560$ Metro Housing (Dash Inc) 74 Edmund Ave, Unley 417,000 12,254$ 12,510$ Cancer Care Centre 76 Edmund Ave, Unley 420,000 6,500$ 12,600$

Safer Communities Australia Inc 78 Edmund Ave, Unley 305,000 8,860$ 9,150$ Adelaide Potters Club 84 Edmund Ave, Unley 345,000 13,160$ 10,350$ Kindergarton Union Oxford Street, Unley 398,150 15,399$ 11,945$ Glen Osmond Scouts Ground lease only 500$ 750$ Fullarton Scouts Ground lease only 500$ 750$ Fullarton Guides Ground lease only 500$ 750$ SASME Engineers Ground lease only 628$ 750$ Alternative 3 - Fern Ave Ground lease only 670$ 750$ Meals on Wheels Peppercorn 0.10$ 0.10$ Unley Park Sports clubs Peppercorn 2$ 2$ Sturt District Cricket Club Unley Oval 868,276 4,116$ 4,341$ Sturt Football Club* - excludes Game Day Unley Oval (adjusted to 500 hours) 868,276 20,000$ 27,000$ Sturt FC - 39 Oxford Tce Building portion - 33% 383,670 11,200$ 10,231$

158,236$ 3,752$ 29,675$ 85,908$ 49,551$

DECISION REPORT REPORT TITLE: COOPERATIVE RESEARCH CENTRE FOR

WATER SENSITIVE CITIES ITEM NUMBER: 1015 DATE OF MEETING: 28 JANUARY 2014 AUTHOR: JOB TITLE:

BRENTON CURTIS MANAGER STRATEGIC ASSETS


JOHN DEVINE GENERAL MANAGER ASSETS & INFRASTRUCTURE

COMMUNITY GOAL: G4.1 RENOWNED FOR ITS LIFESTYLE AND ENVIRONMENTAL BALANCE

REPRESENTORS: NIL ATTACHMENTS: NIL PURPOSE The purpose of this report is to seek Council’s consideration to participate as a partner in the Cooperative Research Centre for Water Sensitive Cities.

RECOMMENDATION MOVED: SECONDED: That: 1. The report be received. 2. The City of Unley resolves to become a participant of the Cooperative

Research Centre for Water Sensitive Cities.

3. An amount of $10,000 be included in both 2014/15 & 2015/16 budgets as Council’s contribution to the partnership.

4. The Chief Executive Officer be authorised to sign the “Other Participants

Agreement “to become a participant on Council’s behalf.

This is page 18 of the Council Reports for 28 January 2014

BACKGROUND In November 2011, the then Federal Minister for Innovation, Industry, Science and Research, Senator the Hon Kim Carr, announced funding of almost $148 million for world-class collaborative research and innovation under the Australian Governments Cooperative Research Centres (CRC) program. In addition to four renewals of existing CRCs, two new CRCs were established, one of which was the Cooperative Research Centre for Water Sensitive Cities (CRC-WSC). The CRC will receive $30 million in Australian Government funding until 30 June 2021, and is supported by higher education institutions, government and non-government organisations, water utilities and the private sector that are contributing a further $89 million. The Australian government has identified the creation of liveable, sustainable and productive cities as a national priority, and identified reform of urban water systems as a key goal. The CRC brings together the inter-disciplinary research expertise and thought-leadership to undertake research that will revolutionise water management in Australia and overseas. In collaboration with over 70 research, industry and government partners, including 30 local governments, the CRC will deliver the socio-technical urban water management solutions, education and training programs, and industry engagement required to make towns and cities water sensitive. Through an extensive consultation process, participants and stakeholders have identified a number of key challenges to urban water reform required to transform cities into liveable, resilient, sustainable and productive cities. The CRC has already developed 32 projects, or sub-projects to address these challenges and the Board of the CRC has now committed $50 million of cash and in-kind resources to execute these first-round projects. These projects will forge links with CRC partners across the public, private and tertiary education sectors, particularly state and local government organisations which will involve the participation of 167 researchers and 43 PhD students. DISCUSSION The CRC is focussed on ensuring industry adoption of its research outputs and therefore has formed partnerships with organisations across the public, private and tertiary education sectors particularly state and local government organisations. The CRC has two groups of participant organisations, i.e. “Essential Participants” and “Other Participants”. ‘Essential Participants’ are those organisations that provide essential support (including essential cash and/or in-kind contributions) for the activities of the CRC and these organisations are divided into two sectors, i.e. Industry/Government organisations and research organisations.


Current essential participants of the CRC are: • Research Organisations: Monash University, the University of Queensland

and the University of Western Australia • State Departments: Department of Sustainability and Environment (Vic),

Department of Water (WA) and Department of Housing (WA) • Water Authorities and Agencies: Melbourne Water (Vic), South East Water

(Vic) and Queensland Urban Utilities (Qld) ‘Other Participants’ constitute the majority of participating organisations in the CRC. There are five categories of participating organisations: 1. Federal and state government departments and water authorities,

agencies and industry associations. 2. Local governments. 3. Private enterprises. 4. International government departments. 5. Demonstration project participants. Local Government Participation The CRC considers participation by local governments as an essential part of what it desires to achieve. To be involved requires a minimum cash contribution of $10,000 pa and notional in-kind contribution of an equivalent to 0.1 FTE (ie attendance of CRC workshops) to support the research activities of the CRC. Some local governments have provided more resources because of the strategic alignment of CRC projects to their respective needs. Participation in the CRC is executed through the Other Participants Agreement between that organisation and the CRC. No Local Government entity in South Australia is currently a member. The Value Proposition With a research budget in excess of $100 million, the CRC research over the next nine years will guide capital investments of more than $100 billion by the Australian water sector and more than $550 billion of private sector investment in urban development over the next 15 years. Organisations across all sectors are stakeholders in this endeavour and they will all benefit, to a varying degree, from the partnership with the CRC and the integrated approach in which science will be used to inform practice. A brief snap shot of how some of the 32 projects being undertaken could directly contribute to the functions of CRC partners are described as foIlows; • ‘Economic Modelling and Analysis’ -Society is focussed on the valuation of

economic, social and ecological costs and benefits of contemporary urban water management. This project will lead to the development of a more robust economic valuation framework.


• ‘Statutory Planning for Water Sensitive Urban Design’ - Water Sensitive Urbanism seeks to determine how town planning frameworks can be reformed to more effectively support the implementation of WSUD and associated research outputs from other projects in the CRC. CRC partners at all levels of government will be able to use the outputs from this project to underpin a more evidence-based policy development in urban planning.

• ‘Managing Interactions between Decentralised and Centralised Water Systems’ - Future Technologies aims to understand and assess the interactions between decentralised water treatment/reuse systems and central infrastructure, to support optimised integration of decentralised and centralised systems. CRC partners in the water sector will be able to use outputs from this project to extend and augment the life of existing (centralised) water infrastructure through the introduction of decentralised systems that capture the opportunities presented from local conditions and could also avoid or delay significant capital investments associated with larger centralised infrastructure.

• ‘Science-Policy Partnership’ - Adoption Pathways aims to develop partnerships with state and local government bodies to strengthen the evidence base for policy and to improve the connections between policy and implementers. Some of the local government partners have already benefitted from CRC based informal science-policy partnership activities, notably the launch of Marrickville Council's Strategy for a Water Sensitive Community 2012-2021 and Brisbane City Council's Water Smart City Strategy.

Benefits for The City of Unley The work being undertaken through the CRC supports the objectives and initiatives of Council’s Community Plan and its 4 Year Plan, namely in the areas of Emerging, Living, Greening and Organisational Excellence and strongly aligns with the journey Council has been on for a number of years in relation to the management of water/stormwater within the City of Unley. In 2008 Council developed a water management action plan to integrate water management, across water conservation, the use of alternative water sources and stormwater treatment including WSUD, the plan outlined a number of activities which have been successfully implemented. The next stage in this journey is to develop a more integrated approach to stormwater management and WSUD across the City looking at the multiple objectives and benefits of such a strategy, such as enhanced streetscapes, water quality improvement, improved stormwater flood management, improved micro climate benefits impacting on the vulnerability index across the City. This partnership with the CRC will provide Council with access to and involvement with a wider network of participants and researchers as well as the opportunity to interact with the included councils that are at the forefront of developing water sensitive cities technologies, practices and policies across Australia. This has the potential to provide the City with a continued base of knowledge to implement water sensitive urban design practices not available via normal local government networks. The CRC encourages and supports this


networking of its partners and has a number of Local Government group sessions. Membership will assist Council with policy development and planning related objectives to assist in ensuring WSUD is integrated into future development and urban consolidation. This will assist The City of Unley with its storm water related projects by ensuring they are informed by the latest industry thinking while delivering on its commitment to develop a more liveable and sustainable City along with opportunities to introduce the second generation of greening for Unley through water sensitive urban design. Membership would allow Unley to investigate pilot project site opportunities as well as being at the forefront of Local Government in South Australia in relation to Water Sensitive Cities by being the first South Australian Council to sign up as a participant of the CRC program. COMMUNITY ENGAGEMENT Not applicable. ANALYSIS OF OPTIONS

Option 1 – That Council supports the City of Unley becoming a participant of the Cooperative Research Centre for the Water Sensitive Cities This partnership with the CRC will provide Council with access and involvement with a wider network of participants and researchers that are at the forefront of developing water sensitive cities technologies, practices and policies. This has the potential to provide the City with a continued base of knowledge to implement water sensitive urban design practices not available via normal local government networks. This option requires Council to commit to an initial period of three years at $10k/pa, at the end of which time the benefits should be reviewed and a report prepared for Council before any extension of membership. Option 2 – That Council does not support the City of Unley becoming a participant of the Cooperative Research Centre for the Water Sensitive Cities This option is not recommended. This would limit Council’s ability to be at the cutting edge in relation to WSUD and its ability to deliver the full benefits of a Water Sensitive City for its community as well as the opportunity to have direct access to this innovative research.


To deliver the Council’s Community Plan and 4 Year Plan Council would need to find alternative ways of staying abreast of industry trends and developments related to storm water management and WSUD.

RECOMMENDED OPTION Option 1 is the recommended option. POLICY IMPLICATIONS Financial / Budget If Council was to support this recommendation of $10,000 pa for three years it could be funded through current budget allocations for this year and future commitments could be budgeted for within subsequent budget allocations. Legislative / Risk As part of becoming involved in the CRC-WSC, Council would be entering into an agreement - referred to as an “Other Participants Agreement”. This agreement has been reviewed and provides a framework for public sharing of knowledge gained from the research. Participants can retire from the CRC - WSC with appropriate notice. Further the agreement acknowledges that government organisations funding commitments are subject to annual budget decisions. Environment / Social / Economic The work being undertaken through the CRC supports and aligns the objectives and initiatives of Council’s Community Plan and its 4 Year Plan, namely in the areas of Emerging, Living, Greening and Organisational excellence. Currently there are no implications to existing policies. However, research findings may have the potential to inform and influence Council’s future policy and practices. This proposal will support Council’s over all targets and objectives in relation to water management, Environmental Sustainability, Planning requirements within The City of Unley as well as delivering on its Greening goal, our Pathway to a Environmental Sustainable City. CONCLUSION Supporting this recommendation will present Unley with the opportunity to be at the fore front with a number of other participants in relation to Water Sensitive Cities research, policies and innovation in this partnership with the CRC. This could provide opportunity for future leverage in relation to funding and projects in relation to WSUD. It also provides a key opportunity for staff to improve their skills and knowledge in relation to the opportunities in developing a water sensitive city, which could be incorporated into current and future projects for


the benefit of the community through access to practical research on an Australia wide network of included local government participants. The City of Unley would continue to be seen as a leader in the field by being the first local government participant of the CRC in South Australia.


DECISION REPORT REPORT TITLE: ACCESS REQUEST – COUNCIL LAND 671

SOUTH RD BLACK FOREST ITEM NUMBER: 1016 DATE OF MEETING: 28 JANUARY 2014 AUTHOR: JOB TITLE:

ALAN JOHNS MANAGER, PROPERTY ASSETS


JOHN DEVINE GENERAL MANAGER ASSETS AND INFRASTRUCTURE

COMMUNITY GOAL: 1.1 A THRIVING AND PROSPEROUS BUSINESS COMMUNITY 1.2 EMERGING TECHNOLOGY IS EMBRACED 5.5 A FINANCIALLY SUSTAINABLE APPROACH TO BUSINESS AND PLANNING ACTIVITY

REPRESENTOR/S: ATTACHMENTS: NIL PURPOSE To provide options for Council’s consideration regarding a formal request by the lessee of 669 South Road Black Forest (Optus Aust), to enable vehicle access to the rear of their property through the adjacent Council owned land (671 South Road Black Forest). RECOMMENDATION MOVED: SECONDED: That: 1. The report be received. 2. Council grant Optus Aust a Right of Way for the term of their occupancy

Agreement via the Council car park at 671 South Road Black Forest, provided Optus Aust agrees to pay (to Council) an annual license fee of $3 000 total, plus GST, (indexed annually to CPI).


BACKGROUND Council purchased the vacant land at 671 South Road, Black Forest in March 2004. At the time of purchase this was seen as a way to assist the Black Forest Primary School address traffic management problems around the school, as well as to provide additional designated car parking for the local shopping district (Attachments 1 and 2 to item 598/12). Council endorsed a Right of Way to the property owner (Storer Group Investments) in December 2012 (Item 621/12). Storer Group Investments subsequently declined to further pursue the proposed Right of Way. Optus Australia have recently entered into a long term lease (10 + 5 + 5) for the property at 669 South Road Edwardstown and will utilise the property as an fibre access node to support their local fibre optic network. The building will be largely unattended except for quarterly maintenance visits and ‘breakdown works’ An on-site power generator set will be installed to provide electricity during an a local outage. COMMUNITY ENGAGEMENT Council has discussed the issue with the owner of 669 South Road Black Forest to seek clarification of their intentions for continued use to their rear property car park. Council has also written to, and had general discussions regarding the usage of the 671 South Road property with the Principal of the Black Forest Primary School. The meeting was to seek the School’s views given the School community is a major user of the Council car park especially in regard to pedestrian and vehicle movement safety . DISCUSSION The car park has the capacity to accommodate up to 32 car parking spaces and random inspections has seen that the site is well used, often at near or full capacity mostly around school start and finish times including Saturdays for school sports. In 2009, Council received a retrospective development application from Island Holdings Aust Pty Ltd (the then property owners) for the change of use to offices, including internal alterations and rear car park of 699 South Road.


During discussions held between Council and Island Holdings Aust Pty Ltd in relation to their application, Island Holdings were informed a right of way over the Council owned car park to enable access to their rear car park would not be supported. Consequently, the development application was amended and details in relation to any association with the vehicle access to the rear yard via Council’s car park was removed. The development application was then approved. The completed work at 669 South Road Black Forest resulted in a private car parking area located at the rear of the premises that could accommodate up to 6 to 8 cars. However, there is no direct vehicle access to this area from South Road – access is only possible from the 671 South Road Council car park. The company has installed tubular panel fencing with a sliding electronic vehicle access gate on the southern side of its premises facing the Council Land as part of these works. This enables (and restricts) access to their private car park located at the rear of their business premises at 669 South Road. The installation of the gate and fence has been undertaken without any consultation with, or authorisation by Council. It is worth noting that the fence and gate do not by themselves require Council approval as they are less than 2.1m high and therefore are not classified as development (Pursuant to Schedule 3 (4)(f) of the Development Regulations). The installation of the fence and vehicle access gate by the property owner has resulted in the loss of at least two potential car parking spaces within the Council car park. Island Holdings Aust Pty Ltd, has now formally requested that Council grant a Right of Way and a three year Land Management Agreement, to access their rear car park over the 671 South Road Council car park. In return, Island Holdings Aust Pty Ltd has proposed to give access to the general public of up to three of its rear private car park spaces. This would be seen as compensation for the loss of the two public car parks in the Council car park (to enable the requested Right of Way). There are a number of issues identified with the proposal suggested by Island Holdings Aust Pty Ltd. These include:

• Vehicle access by the general public to and from the three rear private car parks will at most times be difficult, due to the limited turning area especially when their car park is at, or, near capacity.

• These car parking spaces could easily be perceived as private car parking spaces by the general public and as such not utilised.

• The existing vehicle access gates close electronically, resulting in restricted access.


• Entry to and from the private car park is restrictive due to the need to access this area through Council land. This would limit the use of the three spaces by the general public.

• There would be a continued loss of two parking spaces within the Council owned property to enable access via the gate.

The Administration have now formed the view that the difficulties identified in the proposal by Island Holdings Aust Pty Ltd must be considered in any future treatment negotiations. These concerns may prevent this approach from being a satisfactory course of action for Council to pursue. Alternative options considered include allowing access to the privately owned car park through the Council owned property by granting a Right of Way only. This would address Island Holdings Aust Pty Ltd needs, however it would result in the continued loss of two car park spaces within the 671 South Road Council car park. Financial compensation may be considered for the loss of the two car park spaces by applying an annual commercial rental contribution that would assist fund Council’s loan debt for the purchase of the land. The Administration has sought advice from a land valuation company on a commercial rate that would apply to an open air car park space within this location. The advice provided indicates that a commercial rate for a (one) car park space would be approximately $500 per annum. Therefore, to apply a commercial rental contribution of $1 000 per annum to allow access may be considered reasonable. Accordingly, by entering into this type of an arrangement with the adjacent property owner, this may effectively enhance the value of the 699 South Road property by the way of permanent on site car parking facility. An estimated value of an onsite car park could be rated at around $30 per week, or $1 500 per annum. It is therefore arguable that the 6 to 8 on site car parks may have a value of between $9 000 to $12 000 per annum. However, taking into consideration the availability of parking within the surrounding streets and Council owned land including the current commercial climate, this type of value may not be realised. The loss of the two council car parks could be considered in the same way which would increase the commercial rental contribution to $1 500 for (one) car park space and $3 000 for (two) car parks per annum. Council may also wish to consider the option not to support the request by Island Holdings Aust Pty Ltd for vehicle access across the Council car park. This may result in the continued unauthorised access over the 671 South Road Council car park and as such would require Council to put in place permanent traffic control measures to stop such access i.e. wheel stops and fixed bollards.


This would secure the two (currently lost) parking spaces on the 671 South Road Council car park. However, by pursuing this course of action, there is potential that the 6 car parking spaces currently being used by staff and visitors within the 669 South Road private car parking area would be forced to use the 671 South Road Council car park for parking. This would obviously reduce the spaces available to the school and car parking for the local shopping district. ANALYSIS OF OPTIONS

Option 1 – Council grant Optus Aust a fixed term (10+5+5) Right of Way across the Council car park at 671 South Road Black Forest. This Right of Way would be subject to Optus Aust paying (to Council) an annual license fee of $3 000 (in total, plus GST, yearly indexed to CPI), being the commercial rental value of two suburban area public car park spaces. Advantages

• This will allow the occupier of 669 South Rd Black Forest to legally access its rear car park at all times.

• Formalises the current ‘ad hoc’ unauthorised arrangement for access to the private rear property across the Council car park.

• Provides annual compensation of commercial rental value to Council.

Disadvantages

• There would be a loss of two parking spaces within the Council car park.

• The Black Forest Primary School has expressed concerns regarding safe pedestrian and vehicle access to and from the school by allowing vehicle access across the Council Land to the rear private car park at 669 South Rd Black Forest.

Option 2 – Do not grant a Right of Way and await further approaches from Optus and / or the property owner. Advantages

• There will be no loss of car parking at the location Disadvantages

• It is likely the requirement to access the property will remain and will be further pursued by Optus and the property owner.



POLICY IMPLICATIONS Financial/budget

• There are no significant financial expenditure implications with the recommendations from this report.

• Option 1 provides a potential annual income as detailed in the report. • There would be a legal cost to establish a license and or LMA of

approximately $1 300. This cost is to be met by optus Aust. Legislative / Risk Management The proposed licence will be developed in accordance with Council policy and legislative requirements for the licensing of community land. The licence will be prepared in conjunction with Council’s legal advisers. CONCLUSION Council purchased the vacant land at 671 South Road, Black Forest in March 2004 to convert the area into a local area parking, for use by the Black Forest Primary School community and visitors to the adjoining shopping area on South Road. Since 2004, the Council Land has been used as a car park, by the community of the Black Forest Primary School, as well as local shoppers. The owners of the property adjacent to the Council owned car park at 669 South Road have installed a tubular fence with a vehicle access electronic sliding gate on the southern side of their premises facing the Council Land, to enable the company to at all times access their private car park at the rear of the business premises. The installation of the fence and gate and the subsequent access across the Council Land has been undertaken without any formalised Right of Way or consent by the Council (noting that the fence and gate itself does not alone require Council approval). Over the last number of years Administration has tried to resolve this matter without a satisfactory resolution. Endorsement of option 1, ensuring both parties agree to the terms and conditions, would resolve the unauthorised access over the 671 South Road Council car park and provide access to the rear access to 699 South Road, whilst compensating Council for the loss of two car park spaces. However, if agreement can not be achieved then option 3, to not grant a Right of Way or a Land Management Agreement and install traffic measures to cease access to 669 South Road via Council car park, will address the continued unauthorised access over the 671 South Road Council car park.


INFORMATION REPORT REPORT TITLE: UNLEY OVAL REDEVELOPMENT

INVESTIGATIONS ITEM NUMBER: 1017 DATE OF MEETING: 28 JANUARY 2014 AUTHOR: JOB TITLE:

DAVID LITCHFIELD GENERAL MANAGER ECONOMIC DEVELOPMENT AND PLANNING


DAVID LITCHFIELD GENERAL MANAGER ECONOMIC DEVELOPMENT AND PLANNING

COMMUNITY GOAL: L2.4 HEALTHY AND ACTIVE COMMUNITY ATTACHMENTS: NIL PURPOSE At the 28 October 2013 meeting of Council, Council adopted the following motion (Item 952/13): ‘That: 1. The Administration proceed without delay in:

a) investigating opportunities to create additional public open space on the Unley Oval precinct.

b) investigating and preparing concept designs to improve the current substandard facilities on Unley Oval, to bring them up to SANFL compliant standards.

2. The Administration report back to Council in January 2014, seeking further

direction.’ This report provides the initial feedback resulting from those investigations.

This is page 31 of the Council Agenda Reports for 28 January 2014

RECOMMENDATION MOVED: SECONDED: That: 1. The report be received. BACKGROUND Council determined in 2012 that it would undertake planning of the Unley Oval precinct with a view to having plans ready to capitalise on any funding opportunities that arose from election commitments or further stimulus funding packages. Council has since supported the redevelopment of the Oval in principle, but is continuing to investigate specific options for redevelopment work at Unley Oval. Council provided direction at the October 2013 meeting as to where it wanted the Administration’s efforts to be focussed. The two components of those investigations; creating additional open space and upgrading the football facilities, were essentially separate exercises, and the outcomes are presented in this report. What has been determined is that the existing football facilities, whilst not fully compliant with the SANFL Guidelines (which are the AFL Preferred Facilities Guidelines for State League teams that have previously been provided), are not generally too far away from the preferred standards, particularly from a floor area perspective. Quality of fit-out and efficiency of layout are areas where there is some divergence from the preferred guidelines.

COMMUNITY ENGAGEMENT There was considerable stakeholder engagement during the early stages of Council’s investigations, but there has been no further community engagement undertaken since the motion was adopted by Council in October 2013. There has been discussions with the Sturt Football Club and a background briefing to the Unley Oval Reference Group. DISCUSSION Additional Public Open Space on the Unley Oval precinct These investigations focussed on opportunities at the southern end of the precinct. Creation of additional public open space is only likely to be possible if there is reconfiguration of existing facilities. Two options were initially considered.


Reconfiguration of the Sturt Bowling Club facilities Any reconfiguration of the bowls facilities has multiple “consequential” impacts. It would require the removal of the steel storage sheds to the immediate north of the bowls rinks. This then creates the requirement for new storage to be created, with the only realistic option being underneath the Oatey stand. A completely new building could also accommodate this storage need but at very significant cost. However, this reconfigured layout would not necessarily meet the needs of the bowls community. With a longer term ambition to have ‘artificial’ rinks, reconfiguration at the bowls club remains a long term option.

Reconfiguration of the Sturt Lawn Tennis Club facilities There are several options available for reconfiguration of the tennis courts to create additional open space at the southern end of the precinct. The option shown in the plan above is discussed in more detail in the consultant’s report provided under separate cover.


In summary, this option involves moving the football playing surface to the north, by approximately 10 metres. This enables the retention of the on-street car parking in Langham Terrace, the creation of about 1750 square metres of new public open space at the southern end of the oval precinct and the creation of an “entry” to the oval from the south. This however requires the relocation of the existing tennis clubhouse or construction of a new clubhouse. The new open space area would be available at all times, including during SANFL matches. It also involves removal of a number of trees in the precinct. The new tennis court surrounds would be of slightly different proportions than the existing layout, with more space between the courts to either side, but smaller areas at either end. To put things into perspective, the new dimensions would be very similar to those of the Tennis SA facilities at Millswood, except that there would be more space between the courts and more space between the baseline and the fence at Unley than at Millswood. Because the football playing surface is moved to the north as part of this proposal, this also allows for the complete reconstruction of the football playing surface and subsurface irrigation and drainage. That will arguably need to occur in the medium term anyway even if the playing surface is not relocated. The total order of cost for this option, to create new open space at the southern end of the precinct, is $3.8 million. The playing field realignment and reconstruction accounts for about $2 million of this sum. When considering the cost of this component, it is worth comparing the cost of “acquiring” this additional open space with other open space opportunities that Council has investigated in recent times. These have generally been in the order of $1,000 per square metre, so there could be considered a notional public benefit of about $1.8 million from the reconfigured space. Much of the remaining $2 million for the playing surface relocation is a cost that Council will have to bear at some stage in the medium term, as the existing playing surface is in need of significant rehabilitation. AFL Preferred Facilities Guidelines compliance The areas of non-compliance have been highlighted in the table below, with the relevant extract from the Guidelines included, and possible solutions and cost estimates provided. These areas are considered as “Core” requirements in the Guidelines, but the Guidelines are not mandated requirements, simply preferred requirements. SANFL games will not be played at venues that cannot meet the reserve fencing requirement (currently met by temporary fencing at Unley Oval).


Guidelines Possible Solution Reserve Fencing “Reserve fencing is required at State League venues to control crowd access and management, including collection of entrance fees. Reserve fencing can be provided in such a way as to assist in crowd management on match days, whilst still facilitating access at all other times (ie sliding gates/fence panels).”

‘Heritage style’ perimeter fencing can be installed, still allowing easy public access on non-match days, but meeting Preferred Guidelines requirements on match days. Order of costs estimate $350 000 but delivers significant annual savings (approx. $30 000 per annum) on temporary fence option.

Oval Lighting “Training = 100 lux *Match Practice = 100 lux” *Note : lighting is for training only.

Two options were considered: 1. Upgrade of luminaires on existing towers

will achieve significant gains but still be non-compliant. Probably no development approval required. Order of costs estimate $60 000.

2. New lighting towers as per Goodwood

Oval, order of costs estimate $160 000. Development approval with Public Notification required.

Ablutions “State League standard facilities should incorporate a minimum of five showers for each team. Cubicles (similar to those provided in Caravan Parks) should be provided to improve flexibility for mixed gender use.”

The number of showers and the floor space area of ablutions need significant upgrade. The solution may be to undertake partial redevelopment of the Oatey Stand to make that the new ‘away’ team rooms, and refurbishment of the McKay stand interior as the new home team rooms. Order of cost estimate to upgrade existing ablutions for home team and umpires, and create new change rooms and ablutions in the Oatey Stand for the visiting team is $1m.

Umpires Facilities “Umpires rooms need to cater for an increasing number of female umpires. As such the provision of areas where changing can occur in private is required. A minimum of two showers within a lockable cubicles, toilet, hand basin, bench seating and clothes/bag hooks (14) are to be provided at all levels.”

Enlargement of facilities would be desirable, as number of umpires has increased significantly over the years. Separate ablutions for female umpires preferred. Included in above cost. Cannot be undertaken as a ‘stand-alone’ upgrade.

Oval Fencing “Oval fencing should be approximately 900mm high with mesh in-fill or similar and allow adequate run-off distance from the playing field boundary line (i.e. minimum 5m State League). Adequate gates/access for maintenance and emergency vehicles, players and officials is required.”

Steel white picket fencing with appropriate access points/gates order of cost estimate $75 000 Annual cost saving approx. $20 000. (Consequential implications in regards to mowing grass)


Oval Playing Surface “In accordance with the Laws of the Game, Senior playing fields can be sized between 135 meters and 185 meters in length, and between 110 meters and 155 meters in width. The preferred Senior oval size is 165m x 135m as this provides the greatest flexibility to cater for all standards of play. The playing field boundary line should ensure adequate run-off from any perimeter fencing or potential obstacles. The preferred minimum distance for existing facilities is 5m for State League.”

A playing field size of 160m by 116m is achieved, regardless of whether the oval is redeveloped or not. If Council determines to pursue the additional open space at the southern end of the precinct, the size of the playing field would not change, even though it would be relocated to the north. Marginal increases in width may be achieved during detailed design.

The total order of cost estimate to make the football facilities compliant with the Preferred Facilities Guidelines is $1.6 million. There is no funding provision in the City of Unley long term financial plan to undertake either of these initiatives. An appropriate sequence of development would have to be prepared for implementation purposes, but the tennis courts may not be available for one season of tennis and the oval for one season of cricket if this southern redevelopment was pursued. POSSIBLE WAY FORWARD If Council determines to proceed with further investigations, a motion encapsulating the sentiments below could be considered. Council seeks to further investigate the options outlined in this report, and directs that Administration:

• Utilise the remainder of this year’s budget to have designs prepared for the refurbishment of the grandstands and for the tennis court reconfiguration as outlined;

• Allocate funds as (if) necessary in the 2014/15 budget to finalise design work

• Have those designs costed by a Quantity Surveyor; • Continue to monitor announcements about grant funding opportunities to

identify a source of funds to undertake the redevelopment. • When funds are secured for the project, engage architects to produce

final construction drawings.

POLICY IMPLICATIONS Financial/budget • The cost of the investigations to date has been met by using the 2013/14

budget allocation for detailed design of the Unley Oval upgrades. There is only limited funding remaining in this budget for any further work.


• There is no funding allocation to implement either of the developments outlined in this report in Council’s four year plan or long term financial plan.

• It has always been the aim to have “spade ready” projects in the event Government grants are available. It is also intended that the relevant sporting clubs would contribute in some way towards the cost of any redevelopment.

Legislative / Risk Management • There are no legislative implications. There will be normal construction risk

issues to be dealt with if Council decides to implement either of the developments.

Environmental / Social / Economic • Implementation of the recommendation will not have any significant

detrimental or positive impact on the environment, including air, soil, water, flora or fauna, noise or built form. Reconfiguration of the tennis courts may require the removal of several trees.

• Improved sporting facilities and the creation of additional public open space would provide benefit for a considerable portion of the community.

• There will be no impacts on the local economy or specific local industries or businesses.

CONCLUSION In October 2013 Council directed that the Administration investigate two specific aspects of the potential redevelopment of the Unley Oval precinct. These are now presented for Council’s consideration and further direction is required as to the next steps. The Upgrade of the football facilities at Unley Oval provides a clear benefit to the Sturt Football Club and the development of additional open space at the southern end of the precinct would deliver considerable community benefit. The expenditure would also lead to a significant upgrade of the oval playing surface, which benefits both the sporting users and the wider community. The impacts on the tennis club however could be substantial, particularly in the year of the redevelopment. It should be noted that the opportunities presented in this report do not inhibit the ability of Council to further develop the Oval precinct. They may however, reduce the range of viable options available for future consideration if significant sums are spent on upgrading the existing grandstands.


DECISION REPORT REPORT TITLE: SECOND QUARTER BUDGET REVIEW

2013-14 ITEM NUMBER: 1018 DATE OF MEETING: 28 JANUARY 2014 AUTHOR: JOB TITLE:

MIKE CAREY MANAGER FINANCE & ICT


STEPHEN FAULKNER GENERAL MANAGER PEOPLE AND GOVERNANCE

COMMUNITY GOAL: O5.3 GOOD GOVERNANCE AND LEGISLATIVE FRAMEWORK.

ATTACHMENTS: 1. PROPOSED SECOND QUARTER BUDGET REVIEW VARIATIONS

2. PROPOSED REVISED BUDGETED FINANCIAL STATEMENTS FOR SECOND QUARTER BUDGET REVIEW

PURPOSE Section 9 (1) of the Local Government (Financial Management) Regulations 2011 requires Council to formally consider its Budget at least twice between 30 September and 31 May (both dates inclusive) of the relevant financial year. This report presents the Second Budget Review of the 2013-14 financial year for Council’s consideration.

RECOMMENDATION MOVED: SECONDED: That:

1. The report, including Attachments 1 and 2 to Item 1018/14 be received.

2. The budget variations for the Second Quarter 2013-14 Budget Review be noted.

3. The revised budgeted Financial Statements reflecting a Budget Operating Funding Surplus of $471K from $756K and a reduced Net Borrowings of $3.028M from $3.084M be adopted.


BACKGROUND The Local Government (Financial Management) Regulations 2011 require Council to formally reconsider its budget at least two times per year. This statutory requirement recognizes the likelihood that events will occur that require or offer opportunities for changes to the budget during the year. At the Council meeting held on the 28 October 2013, Council adopted the First Quarter 2012-13 Annual Budget with a Budget Operating Surplus before Capital Revenue of $756K and an estimated Net Borrowings of $3.084M.

COMMUNITY ENGAGEMENT Community engagement is not applicable in this circumstance.

DISCUSSION Second Quarter Budget Review During the second quarter there have been changes proposed to the Adopted Budget. A summary of these proposed changes for Council’s consideration is detailed below. Operating Budget Variations Identification of Increased Income of $89K A number of changes to the Operating Grants, Subsidies & Other income been identified as follows: • $20K received from SA Water in regards to the GAP Recycled Water

Pipeline • $15K additional income in regards to reimbursement for damage incurred

to Council Infrastructure • $19k additional income received for Bus Shelters • $35K additional income relating to LGA Special Distributions. Additional Operating Expenditure Requests excluding Projects $197K Proposed requests for additional expenditure include: • $45k for additional Fuel costs to be incurred for the year as a result of

higher usage & higher prices being paid • $15k for additional costs involved in the Street Banners due to workplace

safety • $50k for Street Tree Removal costs as a result of Canterbury Avenue,

Black Forest • $15k contribution to the Bike Hire Scheme.


• $78k Additional employee costs in regards to Transport and Traffic and the Landscape Architect – Urban Design.

Proposed Operating Project Requests Net $6K For Operating Projects, identified savings of $30K offset the requests for additional expenditure of the same amount with the request for an increase of $6K for Glen Osmond Road Beautification linked to a capital saving for lighting on the same road. Operating Budget Variations Summary The proposed increase in income of $89K and net operating expenditure requests of $203K result in a net decrease in the Operating Funding Surplus of $114K. A separate list of the proposed operating budget variations has been attached for Members’ information (Attachment 1 to Item 1018/14).

Attachment 1 Capital Budget Variations Reduction in Capital Expenditure of $173K Additional requests have been proposed in regards to the Pedestrian Refuge for King William Road & Arthur Street of $15K and an increase to the light fleet of $35K. Savings have been found in the following projects: • Sustainable Building Program $6K – Project completed • Minor Traffic Control Devices $15K – Savings found • Building work completed on Goodwood, Clarence Park, Fullarton Park

Community Centres $20K – Project completed • Glen Osmond Road Lighting $7K – Project not going ahead due to PLEC • Solar Hot Water for Council Owned Buildings $41K – Project not going

ahead. • Major Plant $135K – savings as 1 truck no longer required to be

purchased.

A separate list of the proposed capital budget variations has been attached for Members’ information (Attachment 1 to Item 1018/14).

Attachment 1 Zero Balance Budget Variations During the second quarter there have been further changes proposed to the Adopted Budget which relate to movements between income and expenditure categories. These zero balance budget variations have no effect on Net Financial Liabilities.


These generally relate to: • incorrect classifications during the original budget process • the receipt of additional grant funding for a project that requires a matching

Council contribution • transfers between capital and operating to reflect accounting requirements

in relation to expenditure definition • transfers between capital and operating to reflect the allocation of Main

Street Improvement Budget to specific projects, and • an increase in expenditure is required for a particular service but savings

have been found to compensate for this elsewhere within the budget program.

A number of the zero balance budget variations relate to master plan projects where such expenditure is more appropriately classified as operating instead of capital. However, changes in classification also has the effect of reducing the operating surplus and impacting on the operating surplus ratio. A separate list of the proposed zero budget variations has been attached for Members’ information.

Attachment 1 Centennial; Park - Net gain – joint ventures & associates The current 2013-14 adopted Budget shows in the Statement of Comprehensive Income, City of Unley’s share of Centennial Park’s budgeted result for 2013-14, being $202K (categorised as Net gain – joint venture & associates). As part of their most recent budget review, Centennial Park has reduced their overall surplus downwards, reducing City of Unley’s share of this budgeted surplus to $59K. These updated numbers have been reflected in this Budget Review. This change does not have any cash flow impact. Summary The current 2013-14 adopted budget reflects a Net Operating Funding Surplus before Capital Revenue of $756K. These proposed adjustments envisage a revised funding surplus of $471K as at 30 June 2014. $’000 Current Adopted Budget Net Operating Funding Surplus before Capital Revenue 756

Zero Balance Changes (114) Net Impact of Total Second Quarter Budget Review Variations (171) First Quarter Budget Review Revised Net Funding Operating Surplus before Capital Revenue 471


A summary of the impact on Council’s Net Borrowing is shown below: $’000 Current Adopted Budget Net Borrowings 3 084 Total Second Quarter Budget Review Variation - reductions 59 Second Quarter Budget Review Revised Net Borrowings 3 025 Financial Indicators Impact

Financial Indicator

Adopted Target

Original Adopted Budget for

2013-14

Current Adopted Budget for

2013-14 (Oct 2013)

Proposed Revised Budget 2013-14

Operating Surplus Ratio 3.0% 3.9% 2.3% 1.4%

Net Financial Liabilities Ratio =<80% 48% 42% 42%

Asset Sustainability Ratio

100% over a 10 year average

100% 114% 111%

The Second Quarter Revised Budget Financial Indicators are shown with reference to both the 2013-14 Original Budget adopted in June 2013 and the Current Adopted Budget for 2013-14 adopted in October 2013. Contributing factors that have impacted on the changes in ratios are as follows: Operating Surplus Ratio The revised Operating Surplus Ratio has been impacted by the reclassification of projects (net $171K) between capital and operating to reflect accounting requirements. These reclassifications are not as a result of increased expenditure and as such the reduction in ratio it is not considered an area of concern. Net Financial Liabilities The revised Net Financial Liabilities have improved marginally compared to the Current Adopted Budget as a result of net $59k savings across the organisation. Asset Sustainability Ratio The Asset Sustainability Ratio has reduced slightly from the Current Adopted Budget as a result of the savings found within the asset replacement program for this budget review.

ANALYSIS OF OPTIONS

Option 1 – The revised Budgeted Financial Statements including the budgeted Operating Funding Surplus of $471K from $756K and reduced Net Borrowings of $3.025M from $3.084M be adopted.


This option will ensure Council meets the requirements of Section 4 of the Local Government (Financial Management) Regulations 2011.

The Council is required to undertake at least two reviews of its annual budget. This report is the second of these. This enables Council to address occasions where the original budget for a particular project or service is inadequate. It also enables the inclusion of new projects and initiatives as the opportunity or need arises during the year.

Option 2 – The revised Budgeted Financial Statements including the budgeted Operating Funding Surplus of $471K from $756K and Net Borrowings of $3.025M from $3.084M not be adopted.

Council can meet the requirements of Section 7 of the Local Government (Financial Management) Regulations 2011 by noting the request for variations. The acceptance of the variations to the current budget in Attachment 2 to report 1018/14, are subject to Council’s discretion.


POLICY IMPLICATIONS The Budget Review Policy, that has been adopted by Council, provides that where there is an Operating Surplus (that is where Council has more operating income to meet its operating expenditure obligations, including depreciation), these funds can be applied to decrease the Council’s Net Borrowings. The budget will continue to be monitored closely.

CONCLUSION The proposed budgeted Annual Net Operating Funding Surplus before Capital Revenue will be revised to a forecast surplus of $471K from $756K as at 30 June 2014 and the Net Borrowings will be revised to a forecast $3.025M from $3.084M as at 30 June 2014.


Attachment 1 Second Quarter Budget Review Requests

Division Category Cost Centre /Project

Cost Centre/Project Description Financial Statement Category $Amount Comment

OPERATING

Additional Income IdentifiedAssets & Infrastructure Operating 201904 Recycled Water Pipeline GAP Operating Grants & Subsidies 20,455 Funding received from SA Water in regards to the GAP Recycled Water Pipeline.

Assets & Infrastructure Operating 201561 Damage-Council Infrastructure Other Income 15,000 Additional income in regards to Damage incurred to Council Infrastructure and Private works.

Assets & Infrastructure Operating 201004 Bus Shelters Maintenance Other Income 19,000 Additional income received from Adshel, relates to 2012-2013.

People & Governance Operating 1180 Finance Other Income 35,000 Special Distributions from LGA SchemesTotal Operating Income Changes to the Budget 89,455

Operating Expenditure Savings Identified

City Management Operating 1100 City Management Materials, Contracts, Other (5,000) Contribution to 202066 Place Activation Project from City Management in regards to Australia Day

Total Operating Expenditure Savings Identified (5,000)

Additional Expenditure Requests excluding Projects

Economic Development & Planning Operating 1380 Transport & Traffic Employee Costs 70,700 Landscape Architect salary not budgeted plus additional casual costs in Transportation & Traffic

Economic Development & Planning Operating 1380 Transport & Traffic Employee Costs 6,543 On Costs relating to employee salary costs budget request 77,243

Assets & Infrastructure Operating 201097 Workshop Materials, Contracts, Other 45,000 Higher usage & increase in price of fuel greater than budgeted.Assets & Infrastructure Operating 201905 Street Banners Materials, Contracts, Other 15,000 Additional costs involved with WHS for Street Banner installation & removalAssets & Infrastructure Operating 201011 Street Tree Maintenance Materials, Contracts, Other 50,000 Unplanned work on Canterbury Avenue, Black ForestEconomic Development & Planning Operating 1380 Transport & Traffic Materials, Contracts, Other 15,000 Bike hire scheme payment not budgeted

125,000 Net Expenditure Requests 197,243

OPERATING PROJECTS EXPENDITURE

Savings Identified

Economic Development & Planning Operating Project 202210 Glen Osmond Road Streetscape Concept Plan

Operating Project (30,000) PLEC project not proceeding. Funds not required to undertake streetscape plan with Burnside.

Total Operating Project Savings Identified (30,000)

Additional Requests

Economic Development & Planning Operating Project 201995 Mainstreet Digital Economy Strategy Operating Project 25,000 Represent Assoc Marketing levy contributions at the 1st budget review $25K income was requested without the equal amount of expenditure

Economic Development & Planning Operating Project 202045 Glen Osmond Road Street Beautification Operating Project 6,000 Requested reallocation from 201792 Glen Osmond Rd lighting project.

Community Operating Project 202066 Creative Places - Place Activation Summer Activities

Operating Project 5,000 Contribution from City Management in regards to Australia Day

Total Operating Projects Additional Requests 36,000

Total Operating Projects Changes to the Budget 6,000

Total Operating Expenditure Additional Requests (including projects) 203,243

Net Unfavourable Operating Changes to the Budget (including Projects) 113,788

Second Quarter Budget Review Requests (continued)Division Category Cost Centre

/ProjectCost Centre/Project Description Financial Statement Category $Amount Comment

CAPITAL REPLACEMENTSavings Identified

Economic Development & Planning Capital - Replacement 201735 Minor Traffic Control Devices Capital - Replacement (15,000) Savings to go to Pedestrian refuge King William Rd-Arthur St (201676).Assets & Infrastructure Capital - Replacement 202108 Major Plant Capital - Replacement (135,000) Savings of 1 X 5t truck after assessment of requirements and structural changesAssets & Infrastructure Capital - Replacement 202109 Goodwood Community Centre Capital - Replacement (6,445) Project completed underbudgetAssets & Infrastructure Capital - Replacement 202111 Clarence Park Community Centre Capital - Replacement (5,800) Project completed underbudgetAssets & Infrastructure Capital - Replacement 202112 Fullarton Park Community Centre Capital - Replacement (7,300) Project completed underbudget

Total Capital Replacement Savings Found (169,545)Additional Requests

People & Governance Capital - New 202060 Light Fleet Capital - New 35,000 Purchase of vehicle for new Role Manager Traffic & Transportation. Will be offset by salary reimbursement over 3 years

Total Capital Replacement Additional Request 35,000 Net Capital Replacement Changes to Budget (134,545)NEW CAPITAL

Savings IdentifiedAssets & Infrastructure Capital - New 201883 Sustainable Building Program Capital - New (6,000) Project completed underbudgetEconomic Development & Planning Capital - New 201792 Glen Osmond Rd Lighting Capital - New (6,000) PLEC related project not proceeding

Assets & Infrastructure Capital - New 202083 Solar Hot Water for Council Owned Buildings

Capital - New (41,000) No Council owned assets require replacement at this time and grant opportunities no longer available

Total New Capital Savings Identified (53,000)

Additional Requests

Economic Development & Planning Capital - New 201676 Pedestrian Refuge King William Rd-Arthur St

Capital - New 15,000 Increase in budget required to complete project. $15K savings from Minor Traffic Control (201735). In addition, responsibility for the project will move from ED&P to A&I

Total New Capital Additional Request 15,000 Net New Capital Changes to Budget (38,000)

Total Capital Changes to the Budget - Net Savings (172,545)

Proposed Favourable Impact on Net Borrowings for Financial Year (58,757)

ZERO BUDGET REQUESTS

Zero Budget Changes - Reallocation of Project Responsibility

Economic Development & Planning Capital - New 201676 Pedestrian Refuge King William Rd-Arthur St

Capital - New 4,270 Moving from Economic Development & Planning to Assets & Infrastructure

Economic Development & Planning Capital - Replacement 202203 Local Area Traffic Management (LATM) Capital - Replacement 135,000 Moving from Economic Development & Planning to Assets & InfrastructureEconomic Development & Planning Capital - Replacement 201733 Mills St (Replace Slow Points) Capital - Replacement 20,000 Moving from Economic Development & Planning to Assets & InfrastructureEconomic Development & Planning Capital - Replacement 201875 Traffic Infrastructure Renewal Work Capital - Replacement 47,000 Moving from Economic Development & Planning to Assets & Infrastructure

Zero Budget Requests - Grant Funding RelatedCommunity Operating 1540 Unley Community Centre Operating Grants & Subsidies (3,400)Community Operating 1540 Unley Community Centre Materials, Contracts, Other 3,400

- Community Operating 1550 Home & Community Care Operating Grants & Subsidies (14,500)Community Operating 1550 Home & Community Care Materials, Contracts, Other 14,500

-

To account for increase in income - Ron Young Grant Allocation and resultant expenditure

To account for increase in income - Ron Young Grant Allocation and resultant expenditure

Second Quarter Budget Review Requests (continued)Division Category Cost Centre

/ProjectCost Centre/Project Description Financial Statement Category $Amount Comment

Zero Budget Changes - Reclassifications

Economic Development & Planning Operating Project Income

201995 Mainstreet Digital Economic Strategy Operating Project Income (25,000)

Economic Development & Planning Operating 201995 Mainstreet Dig Eco Strategy Other Income 25,000 -

Economic Development & Planning Capital - Replacement

202164 Soldier Memorial Gardens Masterplan Capital - Replacement (40,000)

Operating Projects 202164 Soldier Memorial Gardens Masterplan Operating Projects 40,000

-

Community Capital - Replacement

202167 Goodwood Oval/Millswood Masterplan Capital - Replacement (50,000)

Operating Project 202167 Goodwood Oval/Millswood Masterplan Operating Project 50,000 -

City Management Operating Projects 202028 Service Review Operating Projects (19,280)

Operating 202028 Service Review Materials, Contracts, Other 19,280 -

Assets & Infrastructure Capital 202087 Streetscape Renewal - Randolph Avenue Capital Income (125,000)

People & Governance Operating 1180 Finance Operating Grants & Subsidies 125,000 -

Community Operating Project 201993 Signs of the Past Operating Project (43,500) Capital - New 201993 Signs of the Past Capital - New 43,500

-

Zero Budget Requests - Changes to Budget Program Operating Expenditure AllocationAssets & Infrastructure Operating 201097 Workshop Employee Costs (16,000)Community Operating 1430 Community Bus Program Employee Costs 16,000

Operating - People & Governance Operating 1180 Finance Materials, Contracts, Other (16,297)People & Governance Operating 1190 Health, Safety & Insurances Materials, Contracts, Other 16,297

- Community Operating 1661 Swimming Centre Kiosk Other Income (5,000) Additional income received from supplier sponsorshipCommunity Operating 1662 Swim School Materials, Contracts, Other 4,000 Purchase of wireless router for swim school automationCommunity Operating 1665 Swimming Centre Operations Materials, Contracts, Other 1,000 Purchase of barriers & bollards for carnival crowd control

-

Caring for our Community' Grant funding. Reclassification of funds from Operating Income to Capital Income. Funding specifically received for New & Upgraded Assets

Reclassification of project from Operating Project to New Capital

Original budget allocated workshop wages on maintaining the bus fleet to Operational Services. More appropriate to allocate budget to Community Bus

First Quarter additional budget request for Income Protection allocated to Finance Budget Program instead of Organisational Development

Reclassification of funds from Operating Income to Operating Project Income.

Reclassification of project from Capital Replacement to Operating Projects

Reclassification of project from Capital Replacement to Operating Projects

Reclassification of project from Operating Project to Operating Expenditure

Attachment 2a

Proposed Funding StatementFor the year ended 30 June 2014

1st Quarter Budget Review

Zero Budget

ChangesAdditional Requests

Quarter Budget Review

$'000 $'000 $'000 $'000Operating IncomeRates 33,759 0 33,759Other Rates - Special rates 305 0 305Statutory Charges 1,271 39 1,310User Charges 1,664 (52) 1,612Grants and Subsidies 3,256 (107) 20 3,169Investment Income 17 0 17Reimbursements 149 4 0 153Other Income 544 (15) 69 598Operating Projects 150 25 0 175Total Operating Income 41,114 (105) 89 41,099

Operating ExpenditureEmployee Costs 15,494 (9) 77 15,562Materials, Contracts & Other Expenditure 14,841 50 120 15,011Finance Costs 824 0 824Depreciation, amortisation & impairment 7,650 0 7,650Operating Projects 1,550 27 6 1,583

Total Operating Expenditure 40,359 67 203 40,629

Funding Surplus/(Deficit) before Capital Revenue 756 (171) (114) 471

Net Outlays on Existing AssetsCapital Expenditure on Renewal & Replacement of Existing Assets (9,051) 90 135 (8,826)Depreciation, Amortisation and Impairment 7,650 0 7,650Proceeds from Sale of Replaced Assets 343 0 343

(1,058) 90 135 (833)

Net Outlays on New & Upgraded AssetsCapital Expenditure on New & Upgraded Assets (2,843) (44) 38 (2,849)Amounts received specifically for New & Upgraded Assets 60 125 0 185Proceeds from Sale of Surplus Assets 0 0 0

(2,783) 81 38 (2,664)

Net Lending / (Borrowing) for Financial Year (3,084) 0 59 (3,025)

Funded ByNew Borrowings 2,363 0 (44) 2,319Funding of Carry Forwards & Budget Requests 1,813 0 1,813

4,176 0 (44) 4,132Working Capital Funding 0 0 0 0Community Loans Repaid 58 0 (15) 43New Loans to Community Groups 0 0 0Borrowing Repayments (1,150) 0 (1,150)Net Borrowings 3,084 0 (59) 3,025

* Zero budget changes includes reclassification of some income & expenditure

The figures in this report have been rounded and consequently individual sub-totals, whilst being correct, may differ slightly from the sum of the rounded amounts.

Attachment 2b

Proposed Budgeted Statement of Comprehensive IncomeFor the year ended 30 June 2014

$'000INCOMERates 34,065 Statutory charges 1,310 User charges 1,612 Grants, subsidies and contributions 3,319 Investment income 17 Reimbursements 153 Other income 623 Net gain - joint ventures & associates 59 Total Income 41,158

EXPENSESEmployee Costs 15,562 Materials, contracts & other expenses 15,011 Depreciation, amortisation & impairment 7,650 Finance costs 824 Operating Projects 1,583 Total Expenses 40,629

OPERATING SURPLUS / (DEFICIT) 529

Asset disposal & fair value adjustments - Amounts received specifically for new or upgraded assets 185

NET SURPLUS / (DEFICIT) 714

TOTAL COMPREHENSIVE INCOME 714

Attachment 2c

Proposed Budgeted Balance SheetAs at 30 June 2014 $'000

ASSETSCurrent AssetsCash and cash equivalents 800 Trade & other receivables 2,558 Other financial assets 30

Total Current Assets 3,388

Non Current AssetsFinancial Assets 88 Equity accounted investments in Council businesses 18,509 Infrastructure, Property, Plant & Equipment 534,924

Total Non-current Assets 553,520 Total Assets 556,908

LIABILITIESCurrent LiabilitiesTrade & Other Payables 6,135 Borrowings 6,976 Provisions 1,311

Total Current Liabilities 14,422

Non-current LiabilitiesBorrowings 5,232 Provisions 496 Other Non-current Liabilities 134

Total Non-current Liabilities 5,862 Total Liabilities 20,284

NET ASSETS 536,624

EQUITYAccumulated Surplus 120,665 Asset Revaluation Reserves 415,958 Other Reserves - TOTAL EQUITY 536,624

NET FINANCIAL LIABILITIES 16,809

Attachment 2d Proposed Budgeted Cash Flow StatementFor the year ended 30 June 2014

$'000CASH FLOWS FROM OPERATING ACTIVITIESReceipts

Operating Receipts 41,083 Investment Receipts 17

PaymentsOperating payments to suppliers & employees (32,155) Finance Payments (824)

Net Cash provided by (or used in) Operating Activities 8,121

CASH FLOWS FROM INVESTING ACTIVITIESReceipts

Amounts specifically for new or upgraded assets 185 Sale of replaced assets 343 Repayments of loans by community groups 43

PaymentsExpenditure on renewal/replacement of assets (8,826) Expenditure on new/upgraded assets (2,849)

Net Cash provided by (or used in) Investing Activities (11,104) CASH FLOWS FROM FINANCING ACTIVITIESReceipts

Proceeds from borrowings - Payments

Repayments of borrowings 1,150 Net Cash provided by (or used in) Financing Activities (1,150) Net Increase/ (Decrease) in cash held (4,132)

Cash & cash equivalents at beginning of period (2,044) Cash & cash equivalents at end of period (6,176)

Attachment 2e Proposed Budgeted Statement of Changes in EquityFor the year ended 30 June 2014

Accumulated Surplus

Asset Revaluation

ReserveOther

ReservesTOTAL EQUITY

$'000 $'000 $'000 $'000Balance at end of previous reporting period 119,928 415,958 23 535,909 Net Surplus / (Deficit) for Year 714 - - 714 Other Comprehensive IncomeGain on revaluation of infrastructure, property, plant & equipment - - - - Transfer between Reserves 23 - (23) - Balance at end of period 120,665 415,958 - 536,624 Proposed Budgeted Uniform Presentation of FinancesFor the year ended 30 June 2014

Income 41,158 Expenses 40,629 Operating Surplus / (Deficit) 529 Adjustment for Net (gain) / loss Joint Ventures & Associates (59)

471 Net Outlays on Existing Assets

Capital Expenditure on Renewal and Replacement of Existing Assets (8,826) Depreciation, Amortisation and Impairment 7,650 Proceeds from Sale of Replaced Assets 343

(833) Net Outlays on New and Upgraded Assets

Capital Expenditure on New and Upgraded Assets (2,849) Amounts received specifically for New and Upgraded Assets 185

(2,664)

Net Lending / (Borrowing) for Financial Year (3,025)

Net Financial Liabilities at Beginning of Year (13,784) Net Financial Liabilities at End of Year (16,809)

$'000

Attachment 2f Proposed Budgeted Financial IndicatorsFor the year ended 30 June 2014

Operating Surplus (Excluding Centennial Park) $'000 $470Being the operating surplus (deficit) before capital amounts

Operating Surplus Ratio (Excluding Centennial Park)Operating Surplus 1.4%Rates - general & other less NRM Levy

Operating Surplus Ratio (Including Centennial Park)Operating Surplus 1.6%Rates - general & other less NRM Levy

Net Financial Liabilities $'000 $16,809Net Financial Liabilities are defined as total liabilities less financial assets (excluding equity accounted investments in Council businesses.

Net Financial Liabilities Ratio 42%Net Financial LiabilitiesTotal Operating Revenue less NRM Levy

Interest Cover Ratio 2.0%Net Interest ExpenseTotal Operating Revenue less NRM levy less Investment Income

Asset Sustainability Ratio 111%Net Asset RenewalsDepreciation Expense

INFORMATION REPORT REPORT TITLE: FINANCE REPORT FOR THE QUARTER

ENDED DECEMBER 2013 ITEM NUMBER: 1019 DATE OF MEETING: 28 JANUARY 2014 AUTHOR: JOB TITLE:

MIKE CAREY MANAGER FINANCE & ICT


STEPHEN FAULKNER GENERAL MANAGER PEOPLE AND GOVERNANCE

COMMUNITY GOAL: O5.3 GOOD GOVERNANCE AND LEGISLATIVE FRAMEWORK

ATTACHMENTS: 1. OPERATING RESULT (EXCLUDING PROJECTS)

2. OPERATING PROJECTS 3. CAPITAL WORKS 4. CASH FLOW 5. OVERALL FUNDING STATEMENT 6. BALANCE SHEET 7. CASH FLOW STATEMENT

PURPOSE To inform Council of progress against budget for the half year ended 31 December 2013.

RECOMMENDATION MOVED: SECONDED: That: 1. The report be endorsed.


BACKGROUND The report highlights the year to date financial position as at 31 December 2013.

DISCUSSION Funding Result compared to budget

Actual Budget YTD Full Year Forecast Fav/(unfav)

YTD YTDVariance

Fav/(Unfav)Revised Budget

Movement in Forecast

$'000 $'000 $'000 $'000 $'000 $'000Operating income 37,778 37,513 265 40,964 40,924 (40) Operating expenditure 19,892 19,704 (188) 38,809 39,047 (238) Funding surplus before Projects 17,886 17,809 77 2,155 1,878 (278)

Net expenditure - Operating projects 199 411 212 1,399 1,408 (9)

Net expenditure - Capital projects 3,246 3,586 340 11,490 11,146 344 All major items except for operating expenditure are favourable to budget for the quarter . Further discussion on these items is included in Attachments 1 -5 of the report. Balance Sheet

December September Movement2013 2013$'m $'m $'m

Assets 565.1 572.5 ( 7.4)Liabilities - Borrowings 6.9 7.2 ( 0.3)Other Liabilities 5.1 4.2 0.9Net Assets (Liabilities) 553.1 561.1 (8.0)

There are no issues in relation to the Balance Sheet. The decrease in assets for the quarter largely represents the reduction in Rates Receivable as a result of the second quarter payments. Borrowings have been slightly reduced by the positive cash flow for the quarter with the small movement in Other Liabilities due to an increase in creditors from the previous quarter. Cash Flow

December December Movement2013 2012

$'000s $'000s $'000sNet Flows from Operating 4,873 4,249 624Net Flows from Capital Activities (3,220) (2,325) (895)Net Flows from Financing Activities (563) (526) (37)Net Change in Cash Position 1,090 1,398 (308) A positive cash flow of just over $1M has been realised for the six month period. The current Annual Budget predicts a reduction in cash position of $4.2M for the year. Further discussion including a comparison to the previous year has been included at Attachment 4.


Summary of Financial Performance Indicators Refer Attachments 1 - 5

Attachment 1 Operating Result How well are we managing our Operating Income compared to Budget On track How well are we managing our Operating Expenditure compared to Budget

Under review

Attachment 2

Operating Projects How well are we managing our Operating Projects? In Progress

Attachment 3

Capital Works How well are we managing our Capital Works projects? In Progress

Attachment 4 Cash Flow and Borrowings How well are we managing our cash flow and borrowings? On track

Attachment 5 Overall Funding Statement Legend

On Target In Progress/Under review Needs Attention

The figures in this report have been rounded and consequently individual sub-totals, whilst being correct, may differ slightly from the sum of the rounded amounts.


OPERATING RESULT Attachment 1

How well are we managing our Operating Income compared to Budget?

On Track

Actual Budget YTD Variance Full Year Forecast Fav/(unfav)

YTD YTD Fav/(Unfav)CurrentBudget position


$'000 $'000 $'000 $'000 $'000 $'000Operating incomeRates 34,052 34,044 9 34,064 34,064 - Statutory income 769 721 49 1,271 1,310 39 User charges 743 795 (52) 1,664 1,612 (52) Grants, subsidies and contributions 1,676 1,565 112 3,256 3,169 (87) Investment income 17 16 1 17 17 - Other income includ Reimbursements 520 373 147 694 752 58 Total Operating Income 37,778 37,513 265 40,964 40,924 (40)

Year to Date Income is favourable by 0.7% compared to budget year to date with the favourable grants and subsidies relating to the timing of SRF (Supported Residential Facilities) funding compared to budget. The unfavourable variance in user charges relates largely to the Swimming Centre being $47K behind budget year to date as a result of the unseasonable conditions at the beginning of the season. Forecast The decrease in the operating income forecast relates to the transfer of a grant of $125K to Capital Income offset by recognition of favourable income from the Second Budget Review.

How well are we managing our operating expenditure compared to Budget ?

Under Review


YTD YTD Fav/(Unfav)Current Budget position


$'000 $'000 $'000 $'000 $'000 $'000Operating expenditureTotal Employment costs 8,352 8,452 100 15,896 15,964 (68) Materials, contracts and other expenses 7,427 7,139 (288) 14,439 14,609 (170) Depreciation and amortisation 3,825 3,825 - 7,650 7,650 - Finance costs 288 288 - 824 824 - Total Operating Expenditure 19,892 19,704 (188) 38,809 39,047 (238) Year to Date Result A small unfavourable expenditure variance (0.9%) has occurred in the first 6 months of the year with favourable employment costs being offset by assets & infrastructure costs being over budget in relation to electricity, water, fuel, waste as well as maintenance in the areas of street trees, kerb & water table and footpaths. These areas are being reviewed to determine the adequacy of the budget particularly in relation to utility costs. Carbon price expenditure is $39K for the 6 months to December 2013. Forecast The forecast includes budget requests from the Second Quarter Budget Review for employee costs for traffic & transport and urban design as well as fuel, street banner & street tree removal costs.

OPERATING PROJECTS Attachment 2

How well are we managing our Operating Projects?

In Progress


YTD YTD Fav/(Unfav)CurrentBudget position


$'000 $'000 $'000 $'000 $'000 $'000Operating projectsIncome 169 169 150 175 25 Expenditure 368 580 212 1,549 1,583 (34) Net expenditure - Operating projects 199 411 212 1,399 1,408 (9)

Income No issues with Operating Project Income with actuals year to date in line with budget Expenditure There are no issues in terms of operating project expenditure with the favourable variance relating largely to timing. Major expenditure for the six months related to the Mainstreet Digital Economy Strategy Project $81K, Unley Central $78K and Unley Oval Precinct Planning $38K as well as Place Activation $36K. Forecast The changes to the forecast relates largely to the reclassification of projects between capital and operating including the Goodwood Oval / Millswood Master Plan and the Soldiers Memorial Master Plan.

CAPITAL WORK DELIVERY Attachment 3

How well are we managing our capital works?

In Progress

Actual Budget YTD Variance Full Year Forecast Fav/(unfav) YTD YTD Fav/(Unfav) Current Budget position

in Forecast

$'000 $'000 $'000 $'000 $'000 $'000IncomeCapital Income Total 101 52 49 403 528 125 Income Total 101 52 49 403 528 125 ExpenditureNew Capital 342 399 56 2,643 2,648 (6) Replacement Capital 2,643 2,877 235 8,526 8,301 225 Project Delivery 363 363 - 725 725 - Expenditure Total 3,348 3,639 291 11,893 11,674 219 Net Capital Projects Expenditure 3,246 3,586 340 11,490 11,146 344

City of Unley Capital Works Summaryas at December 2013

Capital Income At this stage capital income is still on target to budget with the current variance related to major and minor plant trade-ins timings for the 6 months.

New Capital Expenditure There are no issues in relation to project budgets for New Capital except for the Pedestrian Refuge for King William Road / Arthur Street where an additional amount of $15K is proposed for the Second Budget Review to complete the project. In addition, in relation to the implementation of the new Asset Management System, the implementation schedule is currently being prepared which will include estimates of expenditure over the next three years including the current year. All other projects are currently on track except for the Brownhill Keswick Creek Project with a 2013-14 budget of $1.441m. It is anticipated that very little will be spent this financial year and this will be reviewed as part of the last budget review for the year.

Asset Replacement Expenditure There are no budgetary issues identified for projects at this stage with all projects currently on track. All swimming centre projects have been completed and significant progress has been made in relation to Footpath and Road Capital Projects in the last couple of months.

Project Delivery Costs There are no issues in relation to Project Delivery Costs

Forecast The change in forecast relates to those items included in the Second Quarter Budget Review including a number of projects that are proposed to be transferred to operating to reflect accounting requirements in relation to capitalisation and savings in relation to major plant and building projects.

CASH FLOW AND BORROWINGS Attachment 4

How well are we managing our cash flow and borrowings?

On Track

December December Change

Cash Flows 2013 2012$'000s $'000s $'000s

Rate Receipts 19,671 18,621 1,050Other Receipts 4,465 3,401 1,064Operating payments to suppliers & employees (19,263) (17,773) (1,490)Net Flows from Operating 4,873 4,249 624Capital Related Receipts 64 295 (231)Capital Expenditure on Assets (3,284) (2,620) (664)Net Flows from Capital Activities (3,220) (2,325) (895)New Borrowings 0 0 0Repayment of Loans (563) (526) (37)Net Flows from Financing Activities (563) (526) (37)Net Change in Cash, Investments & Drawdown 1,090 1,398 (308)

Cash Flow Cash flow for the quarter was $178K positive with operational cash flows contributing to an increase in Council’s overall cash position year to date to December in the order of $1.1M.

Comparison to Previous Year While income receipts including rates are higher than the previous year, this has been partly offset by payments made in relation to contracts and materials. In addition, Capital Expenditure is up by over $600K compared to the same period last year. This reflects a more systematic / structured approach to the Capital Works Program. Short Term Draw Down The short term draw down facility has been reduced from $1.134M at 30 September 2013 to $1.051M at 31 December 2013. The balance was $5.160M at 30 June 2013. The minor reduction for the quarter largely relates to the positive operating cash flow for the period. Other Borrowings (Fixed Term) Repayments of $257K for the quarter has reduced Other Borrowings to $5.819M at 31 December 2013. Other Borrowings were $6.382M at 30 June 2013. Community Loans All Community Loan repayments are up to date.

Attachment 5

The City of UnleyOverall Funding Statementfor the year to date ended December 2013


YTD YTD Fav/(Unfav)Current Budget position


$'000 $'000 $'000 $'000 $'000 $'000Operating incomeRates 34,052 34,044 9 34,064 34,064 - Statutory income 769 721 49 1,271 1,310 39 User charges 743 795 (52) 1,664 1,612 (52) Grants, subsidies and contributions 1,676 1,565 112 3,256 3,169 (87) Investment income 17 16 1 17 17 - Other income including Reimbursements 520 373 147 694 752 58 Total Operating Income 37,778 37,513 265 40,964 40,924 (40) Operating expenditureTotal Employment costs 8,352 8,452 100 15,896 15,964 (68) Materials, contracts and other expenses 7,427 7,139 (288) 14,439 14,609 (170) Depreciation and amortisation 3,825 3,825 - 7,650 7,650 - Finance costs 288 288 - 824 824 - Total Operating Expenditure 19,892 19,704 (188) 38,809 39,047 (238) Funding surplus/(deficit) before Projects 17,886 17,809 77 2,155 1,878 (278) Project SummaryOperating projectsIncome 169 169 150 175 25 Expenditure 368 580 212 1,549 1,583 (34) Net expenditure - Operating projects 199 411 212 1,399 1,408 (9)

Capital projectsIncome 101 52 49 403 528 125 Expenditure 3,348 3,639 291 11,893 11,674 219 Net expenditure - Capital projects 3,246 3,586 242 11,490 11,146 344

Total Operating projects and capital works program (net) 3,445 3,997 553 12,889 12,554 335

Depreciation and amortisation 3,825 3,825 - 7,650 7,650 - Net Lending / (Borrowing) for Financial Year 18,266 17,636 630 (3,084) (3,025) 59

Operating Surplus after Projects 17,687 17,398 290 756 471 (285) The figures in this report have been rounded and consequently individual sub-totals, whilst being correct, may differ slightly from the sum of the rounded amounts.

Attachment 6

The City of Unley

Balance Sheet as at 31 December 2013

$ '000

ASSETSCurrent AssetsCash and Cash Equivalents 97 Trade & Other Receivables 15,741 Other Financial Assets 115 Total Current Assets 15,953

Non-Current AssetsFinancial Assets 16 Equity Accounted Investments in Council Businesses 18,450 Infrastructure, Property, Plant & Equipment 530,668 Total Non-Current Assets 549,134 TOTAL ASSETS 565,087

LIABILITIESCurrent LiabilitiesTrade & Other Payables 3,266 Borrowings 2,201 Provisions 1,203 Total Current Liabilities 6,669

Non-Current LiabilitiesBorrowings 4,669 Provisions 496 Other Non-Current Liabilities 140 Total Non-Current Liabilities 5,304 TOTAL LIABILITIES 11,973 Net Assets 553,114

EQUITYAccumulated Surplus 137,133 Asset Revaluation Reserves 415,958 Other Reserves 23

Total Council Equity 553,114

Attachment 7

The City of Unley

Cash Flow Statementfor the 6 months ended 31 December 2013

$ '000 2014

Cash Flows from Operating ActivitiesReceiptsOperating receipts 24 117Investment Receipts 19

PaymentsOperating payments to suppliers & employees 18 964Finance Payments 299

Net Cash provided by (or used in) Operating Activities 4 873

Cash Flows from Investing ActivitiesReceiptsAmounts Received Specifically for New/Upgraded Assets 0Sale of Replaced Assets 36Repayments of Loans by Community Groups 28

PaymentsExpenditure on Assets 3 284Loans to Community Groups 0

Net Cash provided by (or used in) Investing Activities (3 220)

Cash Flows from Financing Activities

PaymentsRepayments of Borrowings 563

Net Cash provided by (or used in) Financing Activities ( 563)

Net Increase (Decrease) in Cash Held 1090

Cash & Cash Equivalents at beginning of period (2 044)

Cash & Cash Equivalents at end of period (954)

Cash & Short Term Investments 97Short Term Borrowings (1 051)Cash & Cash Equivalents at end of period (954)

INFORMATION REPORT REPORT TITLE: COUNCIL ACTION RECORDS ITEM NUMBER: 1020 DATE OF MEETING: 28 JANUARY 2014 AUTHOR: JOB TITLE:

CAROL GOWLAND EXECUTIVE ASSISTANT TO CEO


PETER TSOKAS CHIEF EXECUTIVE OFFICER

COMMUNITY GOAL: Organisational Excellence – Our path to a robust and sustainable organisation 5.3 Good governance and legislative framework

REPRESENTOR/S: NIL ATTACHMENTS: 1. COUNCIL ACTION REPORT PURPOSE To provide an update on information and actions arising from resolutions of Council. RECOMMENDATION MOVED: SECONDED: That: 1. The report be received.


Meeting Item Subject and Council Resolution Resp. Status/ProgressType No. GM

COUNCIL 742 Notice of Motion - Cr Boisvert re Purchase of Land from DPTI - A report be prepared by the Administration that explores the feasibility of acquiring some or all of the land from DPTI, that was purchased in the vicinity of the Victoria Street crossing, related to the rail upgrade projects. 2. This report be prepared in a timely manner so that Council is able to make an offer to DPTI when/if the opportunity arises and if the purchase is feasible.3. The report should also explore external funding sources for the purchase of the land and any potential landscaping.

General Manager Assets &

Infrastructure

Initial discussions occurred with DPTI. Waiting for letter from DPTI outlining value of properties along Devon Street. Report to be prepared. Discussion to occur with State Government on potential for funding support. Discussions with DPTI have occurred and DPTI are to provide valuations of each allotment to enable Council to further consider this matter. Initial indications are that the value of the land is expected to be in the order of $1.5 to $1.8m. Report provided to Council in January 2014 Agenda.

839 Motion on Notice - Cr Hughes - Council requests the Administration develop a Draft Strategic Property Acquisition Strategy in relation to identifying opportunities to acquire properties that will assist in the delivery of the City’s Community Plan, particularly in relation to open space or car parking within the City of Unley. The Draft Strategic Property Acquisition Strategy should address, amongst other things, criteria to enable assessment of the merits or otherwise of acquiring a property.


Infrastructure

Development of the strategy has commenced. This is a long term project that will be included as part of the Property Management policy update.

848 New Lease Part 1 Trimmer Terrace Unley to Sturt Lawn Tennis Club - The Administration prepare and execute a lease agreement for Sturt Lawn Tennis Club Incorporated to conduct lawn tennis activities at Part 1 Trimmer Terrace, Unley, based upon the attached lease summary (Attachment 1 to Item 789/13 (Deferred Item 848)) AS AMENDED (Master Plan be removed and replaced with Concept Plan) and consistent with the standard lease document.


Infrastructure

Execution copies of the Lease have been prepared and forwarded to the club for signing. Awaiting return for council formalisation process. Documents are due for return in late January allowing finalisation during February 2014.

COUNCIL ACTION REPORTS - ACTIONS TO DECEMBER 2013



849 New lease Part 1 Trimmer Terrace Unley to Sturt Bowling Club - The Administration prepare and execute a lease agreement for Sturt Bowling Club Incorporated to conduct bowls activities at Part 1 Trimmer Terrace, Unley, based upon the attached lease summary (Attachment 1 to Item 790/13 (Deferred Item 849/13)) AS AMENDED (Master Plan be removed and replaced with Concept Plan) and consistent with the standard lease document.


Infrastructure

Execution copies of the Lease have been prepared and forwarded to the club for signing. Expect document return by end of November for formalising by CoU. Lease has been signed. COMPLETED.

852 Lease of Unley Oval to Sturt Football Club for Football Training Activities - 2. The Administration prepares and executes a lease agreement for Sturt Football Club Incorporated to conduct football and associated activities at Part 1 Trimmer Terrace, Unley, with a lease fee of $20,000 per annum (including GST).3. The lease agreement is to be based upon the attached lease summary (Attachment 1 to Item 852/13) and consistent with the standard lease document.


Infrastructure

Draft copies of the Agreement are being prepared following discussions with SFC. Some delay due to CEO replacement.

854 Trial of Ticket Parking Machines in Boffa Sstreet Car Park - 2. Installation of a ticket parking machine in the Boffa Street car park be supported for a twelve month trial.3. A report be brought back to Council, not later than the end of the trial period, outlining the success or otherwise of the trial and recommending whether the machine remain there permanently.4. Any costs associated with the trial be funded from the King William Road Car Parking Fund.

General Manager Economic

Development & Planning

Subject to timings of the procurement process and other priorities, it is anticipated installation will take 4 weeks from the procurement.

Estimated COMPLETION/ INSTALLATION: Feb 2014.

855 Pay for Use Parking Policy and Paid Parking Trial - 2. The Draft Pay for Use Parking Policy as outlined in Attachment 1 to Item 855/13 (as amended) be noted.3. The local community in Wayville/Goodwood be consulted about the proposal.4. A report summarising the community consultation be presented to Council.



The consultation will be in March 2014 with an aim to provide a report back to Council by May 2014.



859 Review of Consultation and Decision Making King William Road Refuge - 2. The Safety Audit and the correspondence from the RAA in relation to the safety of the proposed Refuge be received and noted. 3. A review be undertaken of existing consultation policies and processes to identify strategies for improvement.4. The refuge be constructed in accordance with the decision of May 2012 (434/12) pending a review of access requirements for heavy vehicles into and out of King William Road and Arthur Street. The review should include, though not be limited to, the feasibility of implementing a load limit restriction in Arthur Street.5. Administration proceed immediately to construct a pedestrian refuge in accordance with the detailed design work already carried out, as endorsed by Council on 25 July 2011, on King William Road, north of Union Street.



Construction work associated with Ped Refuge (north of Union Street) will begin post completion of the following:

1. DPTI approval for Bus Stop relocation (this has been approved in principle and a site meeting will be held 18th October with expected confirmation in writing to follow; consultancy engaged to complete the design for construction). 2. Community Consultation (information only on the construction program)3. Detailed design (lighting + traffic controls)

The Heavy Vehicle Access Review in relation to vehicles entering and exiting Arthur Street has been completed and has been submitted to Council for consideration.

Estimated COMPLETION/ INSTALLATION: Second week of February 2014.



865 Lease of Part 1 Curzon Avenue Millswood (A portion of the Goodwood Oval Complex) to Goodwood Cricket Club Inc - 2. The Administration prepares and executes a lease agreement for Goodwood Cricket Club Incorporated to conduct cricket and associated activities at Part 1 Curzon Avenue, Millswood, with a commencing lease fee of $3,500 per annum (including GST), to be indexed annually by CPI for the first 2 years and adjusted according to the revised Policy Management Policy in Year 3 of the lease term. 3. The lease agreement is to be based upon the attached lease summary (Attachment 1 to Item 865/13) and consistent with the standard lease document.4. A wicket preparation fee of $3,980 (including GST) be paid by the Goodwood Cricket Club for one season only (01/10/13 – 31/03/14) for the current level of service provided by Council. The outcomes of the review of the Property Management Policy will determine fees in future years.


Infrastructure

These Agreements have been signed by the respective clubs and are with the Administration for formalising.



876 Notice of Mtion - Cr Salaman re Unley Road - 1. Council supports, in principle, the 2002 Unley Road Upgrade as initially approved by the Government of the day, but updated as necessary. 2. The administration seek support from the Minister for Transport to give the project official endorsement.3. The administration request that the Department re-convene the former project team, which included the then Transport SA, their consultants and Unley Council. 4. The assistance of the local member, David Pisoni be sought. 5. Early enquiries be made into the availability of Federal funding for the project 6. A report be brought to Council as soon as is practical with recommendations on fine tuning the approved 2002 plans, a review of the 2002 consultation results and the desirability of re-consulting on Stage 2 of the Upgrade Plan, prior to proceeding to the Stage 3 consultation round.7. The Unley Road Association be informed of the decision.



The review of the 2002 Unley Road Upgrade is currently underway as an integral part of the Unley Central Precinct Master plan. The 2002 design work has been provided to the consultancy engaged to undertake the Master plan. A meeting has been held with the Unley Road Traders for input to the Master plan (including the 2002 design option) and also informing them of the Notice of Motion. Similarly a meeting has been held with the local member David Pisoni. Discussions with the DPTI will be held to further the Master plan including the configuration of Unley Road.



877 Notice of Motion - Cr Salaman re Residential parking Permits - 1. It is acknowledged that increased residential density will potentially increase demand for Residential Parking Permits and Permit Zones which may seriously disadvantage existing residents and commercial ratepayers and their visitors.2. The Administration investigate changes to the Residential Parking Policy that would ensure additional residential on-street parking permits are not available for the occupiers of dwellings where development has been approved or converted to residential use after 1 November 2013. 3. Amendments to the City of Unley Development Plan at the next review to enable a condition of approval restricting eligibility for Residential Parking Permits be investigated. The feasibility of making this condition reportable on the Section 7 Statement be investigated to ensure all purchasers are aware of the restrictions. 4. A report be brought to the October meeting of council.



Administration is seeking legal advice about what can and cannot be included in the Council Development Plan. A report will provided to October Council about that information.

The Residential Parking Policy requires a major review. This will hopefully occur in the first quarter of 2014, and this initiative can be included in that major review. Following the State Government's announcement of a proposed tram on Unley Road, the 2002 proposal may no longer be feasible. Once the consultation period on the State Transport Plan has been concluded, discussions will take place with DPTI to explore alternatives. Review of Residential Parking Permit Policy to be undertaken and report to Council with new Draft Policy.

894 Glen Osmond Creek Shared Use Path Options for Connection to Simpson Parade and Beyond



A $10,000 budget for the design development and consultation will be considered as part of the Elected Member New Initiatives for 2014/15. COMPLETED

939 Register of Interests - Independent Members of Section 41 Committees - 2. In accordance with Division 2 of Part 4 of Chapter 5 of the Local Government Act 1999, all independent members of Council’s Section 41 Committees will be declared as ‘Prescribed Officers’ enabling statutory provisions to extend to require each independent member to complete and submit a primary return.3. The Section 41 Committee Terms of References, section 3 Membership, be amended to include the wording “In accordance with Division 2 of Part 4 of Chapter 5 of the ‘Act’, all independent members of this section 41 Committee will be required to complete and submit primary and ordinary returns”.

General Manager People &

Governance

Report being presented to Council in December. Majority of Register of Interest forms have been returned. COMPLETED



950 Motion on Notice - Councillor Saies - re Meeting Procedures

General Manager People &

Governance

Report being presented to Council in December. Report provided in January 2014. COMPLETED

952 Motion on Notice - Cr Palmer - Unley Oval - 1. The Administration proceed without delay in:a) investigating opportunities to create additional public open space on the Unley Oval precinct.b) investigating and preparing concept designs to improve the current substandard facilities on Unley Oval, to bring them up to SANFL compliant standards.2. The Administration report back to Council in January 2014, seeking further direction.

General Manager Economic Development & Planning

Consultants commissioned to undertake work. Report to be provided in January 2014. Report provided in January 2014 Agenda. COMPLETED

971 Review of Access Requirements for Heavy Vehicles into and out of King William Road and Arthur Street - Implement the following protocols for a six month trial period• No legal restrictions placed on heavy vehicles using Arthur Street• Woolworths delivery vehicles will be directed by the company to access Arthur Street from Unley Road• Articulated vehicles that have delivered their entire load to Woolworths Unley will exit via the King William Road intersection.• All other Woolworth’s delivery vehicles will exit via Unley Road.



Council has communicated with Woolworths on 16 January, they agreed to undertake a 6 month trial period.

ITEM 1021 QUESTION ON NOTICE FROM COUNCILLOR HEWITSON RE TRAMS ON UNLEY ROAD Councillor Hewitson has asked the following questions on notice and the answer is provided. 1. Is Unley Council aware of the possibility of ultra-light rail for public transport

needs along Unley Road? Answer

Administration is aware that the idea has been floated. No details have been provided that will allow the administration to undertake an assessment of the viability of the proposal. There does not appear to be a similar system operating in similar circumstances to Unley Road anywhere else. It is interesting to note that the developers of the Heathrow system, which has performed its designated task very effectively since it was constructed, made the following statement early last year: *“The success of Heathrow POD has demonstrated the huge potential in PRT to deliver an effective sustainable first/last mile solution around campus locations such as airports as well as providing a distributor service from ‘heavier’ transport interchanges such as rail stations.” Ultra light transport would not normally be considered for a mass transit application.

2. Can our staff find out from DPTI whether the department has considered

options other than trams for Unley Road? Answer

Staff will make inquiries. 3. In ascertaining their response can we make it clear that trams up Unley Road

are certainly a vast improvement for the planned High density living planned for Unley Road?

Answer

The Council’s support for investigations into trams along Unley Road (in preference to no trams) was made clear in the response to the Government Strategy.

*Ultra Global prt Press Release 13 Feb 2013


ITEM 1022 QUESTION ON NOTICE Councillor Salaman has asked the following Questions on Notice re the Development Assessment Panel being unable to approve development applications for buildings of 5 or more storeys. The answers are provided. 1. What public consultation was undertaken before Council’s development

controls on tall (5+ storeys) buildings were removed? Answer

None 2. If ‘none’ (Question 1) what explanation was given by the Minister? Answer No specific explanation has been provided by the Minister. The closest that

there has been to an explanation is referenced in the policy, where the change is referred to as “An enhancement to the system” and “removal of duplication”.

3. Why was the City of Unley DAP considered not competent to assess such

development proposals? Answer In the Minister’s release/comments there is no reference to the competence or

otherwise of the Council DAP. 4. a. Will development applications still be lodged with Council?

b. To whom will the fees by payable? Answer

a. No b. The Development Assessment Commission

5. If ‘no’ (Question 4) will Council be appraised of the application and be entitled

to make representations?


Answer

There is no statutory process in place that will see Council notified. The State Government is proposing a Heads of Agreement that would see Council receive informal notification. A draft Heads of Agreement has been prepared by DPTI and discussions are underway with other inner rim councils about possible enhancement of this draft. It is likely that the Government will be seeking to have the same draft in place with all of the inner rim councils. There is also a Pre-Lodgement Process. This involves the establishment of a Pre-Lodgement Panel to work with potential applicants. The Panel will be established by the Investment Team from the Planning Division of DPTI and include “Council representatives (this may include specialist staff from time to time)” The purpose of establishing Pre-Lodgement Panels is “to reduce the time taken to assess development proposals once lodged with DAC, provide progressive certainty through established design and development processes and, improve the design quality of development proposals (through the Capital City Design Review Panel – CCDRP) in the City of Adelaide” It is not clear from the Terms of Reference for the Pre-Lodgement Panel whether Council will nominate its representative on the Panel, or whether the Government will nominate, but intuitively Council should be able to decide who its representative on that panel will be.

6. Will such applications have to reasonably comply with the City of Unley

Development Plan, or be considered exempt? Answer

Regulatory changes that change the relevant authority do not impact on the essential provisions of the Development Act. Applications are required to be assessed by the Development Assessment Commission against the provisions of the City of Unley Development Plan, as per s33 (1) (a) of the Development Act 1993.

7. In the event of a proposed development out of the main corridor areas, eg the

vacant site between Arthur and Mary Streets Unley, for a tall building, will the current restrictions on notification still apply, ie only adjoining properties?

Answer The City of Unley DAP remains the authority for all development in the City

other than Development where DAC is the Authority as per Schedule 10 of the Development Regulations, or for State Agency Development. In general terms, this would mean the Council DAP is the authority for all development outside of the Urban Corridor Zones. The nature of the application will


determine whether it is Category 1, 2 or 3 public notification. Any proposal above two stories outside of the Urban Corridor Zones will almost certainly require Category 3 Public Notification.

8. Can the DAC’s decisions be appealed to the ERD Court or elsewhere? If so,

by whom and in what circumstances? Answer Whilst the theoretical answer is yes, the practical reality is no. Only Cat 3

development can be appealed. The only development in the Urban Corridor zones that will be Cat 3 is non-complying development. It is extremely unlikely that there will be applications for any of the categories of non-complying development that will exceed four stories in height.

9. If a ‘tall building’ is given development approval by the DAC and building rules

approval by a private certifier, what fees will be payable to the Council? If yes, how much?

Answer $57 Lodgement Fee 10. Will these fees be sufficient to cover the cost of Council and Council building

inspectors? Answer The responsibility of Council to undertake building inspection work for

development over four storeys in the urban corridor zones is still being resolved. If Council has any involvement, clearly there is a cost. $57 would not cover that cost.

11. If ‘no’ (to Question 10), can Council legitimately require certificates of

inspection from a suitable technical expert at the developer’s cost? This is common practice for footings which generally are inspected and certified by the designing engineer.

Answer This is a matter still to be resolved as per question 11. 12. Has the Council and/or the LGA lobbied both the current Government and the

opposition to ensure that a “user pays” scheme is introduced to fully cover


Council’s costs in administering such developments, including the cost of numerous inspections?

Answer This is a matter that is not related to the decision regarding Council DAP and

the Urban Corridor Zones. As a generalisation, whenever a developer uses a private building certifier, Council does not cover its costs in performing its role. These matters have been raised previously with the Government but there has been no specific representation in relation to Urban Corridor Zone development in recent times.

13. Has the current opposition got a policy of returning responsibility of approving

“tall buildings” to local DAPs? Answer David Pisoni, MP has provided the following response: “The Shadow Minister for Infrastructure, Vickie Chapman MP, has stated that

the State Liberals are considering policy options concerning South Australia’s planning system. The State Liberal Party will ensure the City of Unley is provided a copy of the policies when they are announced.”

14. Has Council/LGA made any progress in their previous joint campaign to

recover Council inspection costs in full from developers? Answer No 15. With the recent Government decision to “privatise” as many SAHT properties

as possible by transferring them to Housing Cooperatives or similar, and the consequent 75% discount on the rates payable, will there be a like compulsory discount on development application fees for new “affordable housing” and housing cooperative developments?

Answer Council has not been made aware of any such proposals. 16. Referring to question 15 and also the answers provided to previous question

on notice (Item 803, Q8 – Council 24 June 2013 – copy attached), has any positive progress been made by the LGA, SAIRA (South Australian Institute of Rates Administrators) and Unley Council, with lobbying the State Government


to ensure this significant subsidising of rates to an expanding number of properties to ensure this does not become simple “cost shifting”?

Answer The LGA has advised it is continuing dialogue with the State Government in

relation to this matter, including no further reduction in council revenue. The Minister has indicated that he would consider the idea of a contribution for revenue lost, however there has been nothing formal at this time and a mechanism has yet to be determined.


Attachment 1

ITEM 803 QUESTION ON NOTICE FROM COUNCILLOR SALAMAN RE COMMUNITY HOUSING COUNCILLOR SALAMAN HAS ASKED THE FOLLOWING QUESTIONS ON NOTICE AND THE ANSWERS ARE PROVIDED 1. Is it true, as reported in the In Daily today (attached) that while Housing SA

pay full council rates, community housing receive a 75% rebate. Answer Yes many community housing associations do receive the 75% mandatory rate rebate under Chapter 10, Division 5 Section 159-166 of the Local Government Act 1999. They need to meet the criteria under the Act and/or be on the list if registered housing associations or housing cooperatives. Note that calculation of council’s rate revenue compensates for the anticipated rebates through a rates distribution to all property owners of approximately $15 pa (averaged, 2012-13 period) to maintain its revenue base. 2. Does the minimum rates still apply, or is this minimum rate also discounted? Answer If the property in question has a minimum rate applied the rebate would still apply. The rebate is based on the use of the property not by what rates have been generated. 3. How many Housing SA residences are there in Unley? Answer 496 4. What is the total rate income from them in the 2011-12 financial year? Answer 2011-2012 - $350,143.95 2012-2013 - $364,495.15

5. If they were all to be handed over what would the rate income be that would be forgone in 2012 dollars?

Answer 2011-2012 - $262,607.96 2012-2013 - $273,371.36 6. How many residences in Unley are currently receiving this discount? Answer Council currently has around 45 properties that are currently receiving the rate rebate under the community housing section of the act. 7. What other discounts a would apply to these houses? Eg gas? Electricity?

SA Water? Answer If the occupier of the house is a pension concession holder they can apply to have a pension rebate applied to the account. Council has no influence in this area. 8. What active lobbying is underway to ensure this does not just become yet

another cost shifting exercise? Answer Both the LGA and SAIRA (SA Institute of Rates Administrators) are currently lobbying the State Government regarding this matter.

ITEM 1023 QUESTION ON NOTICE FROM COUNCILLOR PALMER RE RATE INCREASE AND STREET SWEEPING Councillor Palmer has asked the following questions on notice and the answers are provided. Question 1. In order to assist in the deliberations on the potential rate increase this year

and better assess our communities capacity to contribute can administration advise on the following historic 10 year statistics

a) The CPI. b) The LGPI. c) Average yearly wage increases in South Australia in this time. d) Average increase in pensions likewise.

Answer The CPI, LGPI and wages (WPI) data is annualised figures for the period stated and is sourced from ABS and SA Centre for Economic Studies. The pension data is sourced from FAHCSIA and is annualised at March each year. (Attachment 1) 2. At the recent public consultation on public consultation one of the biggest

concerns expressed was the lack of street sweeping. I notice too that the street sweepers have been out an about, including in streets that could have had their footpaths swept first. Given this I ask what is the situation with the recent trial on street sweeping. It was my understanding that the trial was successful and that a report was due for late last year.

Answer A memo was sent to Councillors on 14 August 2013 providing a summary of the SMS trial. A copy is attached (Attachment 2).


ATTACHMENT 2

City of Unley Short Message Service (SMS) Street Sweeping Notification Trial - 2012

Background The Street Sweeping Notification Trial was initiated by a suggestion from Elected Members following requests from some constituents who thought it would be advantageous to know when the road sweeper would be in their street. By knowing when the sweeper is due residents are able to sweep the footpaths and move cars off the street to enable a clear area for the sweeper drivers. After consideration of this request, the Administration decided to trial a street sweeping notification procedure which would advise residents when the street sweeper was going to be in their street. Residents who had previously contacted Council to request a street sweep were invited by letter to participate in the trial. Residents could be notified by SMS, Facebook, Twitter, email and telephone. Elected Members were also included in the trial. The majority of participants chose to be sent a SMS with only a few requesting an email and phone call. Current Sweeping Program The City of Unley street sweeping operations includes the use of two road sweepers. The major objective of the program is to sweep the cities roads once every 10-20 working days (depending on time of year). In addition, heavy leaf fall streets are swept on demand (eg Victoria Avenue and Northgate Street). When compared to other Councils the City of Unley is considered to offer a high level of service. The current program divides the City into 20 similar sized areas and approximately one area is swept during each shift. The SMS trial involved the sending of a notification to participants the day before sweeping was scheduled to occur. . This advance warning would give the participating residents an opportunity to sweep footpath debris onto the road to be collected by the sweeper or to move vehicles off the street. This was subject to terms and conditions listed on the website (ie mechanical breakdown, staff absences etc). Evaluation A questionnaire was sent out to the 115 participants at the conclusion of the trial and a brief summary of the results showed that: Surveys returned via mail: 56 Surveys returned online: 15 Total returned: 71 This represents a 62% response to the survey.

• 54% of the participants found the trial beneficial • 30% of the participants did not find the trial beneficial as the sweeper did not

arrive on the day as notified.

• 26% of the participants did not find the notification beneficial as the cars parked on the street were not theirs.

• 31% of the participants always swept their street prior to the sweeper coming down their street with 34% of the participants sometimes sweeping their street prior to the sweeper coming down their street.

• 70% of participants moved their vehicle off the street when notified the street sweeper was coming down their street.

• 35% of participants advised their street was swept as advised however 40% of participants advised it was only swept sometimes as per the notification.

• 71% of the participants advised they would continue using the service it was ongoing.

• 52% of the participants thought the trial improved the sweeping of the street.

Feedback from the survey included: • Locating the information on Council’s website in an easy to find location. • Information needs to be accurate. • More frequent sweeps during Autumn (heavy leaf fall). • More than one days notice required, suggested 2-3 days or week in advance. • Placement of no parking signs on the street the day before the street is to be

swept • Use of sandwich boards to advise residents street sweeper is coming down

the street. Conclusion The overall feedback indicated the trial was well received by participants and that they would continue to use the service if it was provided on an ongoing basis. There were some concerns regarding the accuracy of the notification of when the street sweeper would be in the allocated area. The inability to accurately indicate when the sweeper would be in the area were caused by:

• A considerable number of vehicle breakdowns resulting in a greater than usual time off the road

• Programming difficulties in some areas is inequitable due to size of area, number of trees, heavy leaf fall etc.

The process of notifying residents by SMS is relatively simple once the data base is set up. Obviously the more residents in the street who participate in the notification process, the more successful the sweeping outcomes will be. There were concerns regarding cars that do not belong to property owners remaining on the street which is difficult to address. An internal review of the sweeping services is to be completed by December 2013. The following suggestions, as a result of this trial, will be considered as part of the review.

• Review the schedule of the street sweeper

• Consideration of frequency of street sweeping dependent on types of trees located in the street.

• Review of the heavy leaf fall schedule and locations. • Discourage ‘on demand’ pick ups of leaf piles as requested by residents • Accurate and reliable notifications to residents. • Using bollards as a way to indicate to residents the sweeper is coming and to

discourage people from parking on the street (one side only leaving one side of the street for parking)

• Sweeper drivers advising of ‘problem’ areas and organising for bollards to be placed on street prior to the sweep.

• How the notification service is to be promoted to residents if it is to be continued.

A major factor in the success of the Street Sweeping notification is the notifications need to be accurate and this will need to be considered within the review. The schedule will need to fit in with the notifications to ensure a more positive response from residents.

QUESTIONS WITHOUT NOTICE TITLE: QUESTIONS WITHOUT NOTICE ITEM NUMBER: 1024 DATE OF MEETING: 28 JANUARY ATTACHMENTS: NIL Mayor to ask the Members if there are any questions without notice.


CORRESPONDENCE TITLE: CORRESPONDENCE ITEM NUMBER: 1025 DATE OF MEETING: 28 JANUARY 2014 ATTACHMENTS: 1. CORRESPONDENCE The correspondence from

• Royal Agricultural and Horticultural Society re 175th Anniversary • Copy of representation from Mr Nick Stott to Council on 9 December 2013

re Palmerston Place Traffic Management proposal • The Hon John Rau re Inner Metropolitan Council Development Plan

Amendments (DPAs) • Mayor Lorraine Rosenberg acting President of LGA re role of acting

President • Ms Fiona Pledger resident of Fullarton re parking controls in Anderson

Street Unley • Mayor Lorraine Rosenberg acting President of LGA re LGA State Election

launch • Hon Ian Hunter MLC re Natural Resources Management Plan for the

Adelaide and Mount Lofty Ranges Region • The Hon Warren Truss MP re Community Development Grants programme • Thank you for support to Daniela Nudo – Community Grants Scheme • Thank you for support to Tom Baily – Community Grants Scheme • Thank you – Christmas Party for Special Children

be noted.


ITEM 1026 NOTICE OF MOTION FROM COUNCILLOR TIPPER RE LOW IMPACT TELECOMMUNICATIONS FACILITIES LOCATION IN THE CITY OF UNLEY Councillor Tipper has given notice of intention to move the following motion at the Council meeting to be held on Monday 23 September 2013: That: 1. Council consider, as a new initiative in the 2014/15 budget, the

establishment of a Register containing technical details and photographic record of all Low Impact Telecommunications Facilities located in the City of Unley, and that this Register be updated by planning staff whenever Council is notified of new or modified facilities being constructed or existing facilities being decommissioned.

2. On an annual basis, Council receive a ‘For Information’ report from

Administration summarising the changes to the Register over the previous twelve months (based on the notifications received from the telecommunications companies or their representatives), with the first report to be provided one calendar year after the Register is completed.

3. The Register is to be available at any time to Elected Members on

request and provision of reasonable notice to the Administration. 4. The Administration continue the existing regime of notification to

Elected Members when new facilities are to be constructed. OFFICER’S COMMENTS In considering this issue for inclusion in the 2014/15 budget, Members should note that establishment of this Register would be quite resource Intensive, given the current staff resources. It would therefore be necessary to engage an external party to undertake this work and it is estimated that this task may take up to six weeks to complete, at a cost of between $15,000 and $20,000. Once the Register is established, it is possible that it could be maintained or kept updated by the Development Team, however the impact of the NBN rollout and the number of new facilities to be established as a result of that Rollout remains unclear.


Administration is not aware that development of these facilities is a cause of ongoing concern in the community. From time to time when a new facility is proposed, there are local issues that are raised. When these facilities are upgraded, sometimes the new facility is more visually evident that the previous one, but that does not change Council’s inability to influence the tower, as long as the application falls within the relevant guidelines.


ITEM 1027 NOTICE OF MOTION FROM COUNCILLOR HEWITSON RE RATES Councillor Hewitson has given notice of intention to move the following motion at the Council meeting to be held on Tuesday 28 January 2014: That in framing the 2014/15 Budget, Council requests the Administration to provide options and their implications within the target rate range of a 3.3 – 4.0 percent increase in rates. OFFICER’S COMMENTS If the Council accepts this motion, the Administration will provide a range of rate increases from 3.3 – 4.0%, for Council’s consideration.


ITEM 1028 NOTICE OF MOTION FROM COUNCILLOR HUDSON RE RIDGE PARK RIVER RED GUM Councillor Hudson has given notice of intention to move the following motion at the Council meeting to be held on Tuesday 28 January 2014: That, subject to the necessary environmental checks, the 300 year old plus River Red Gum situated near the proposed flood mitigation dam in Ridge Park be included in Unley’s Heritage list and Significant Tree list. BACKGROUND The proposed dam is within 15 metres of this tree, which, it is calculated, has a root zone of 26 metres. The difference could have a deleterious impact upon one of our oldest inhabitants, which, inexplicably is not even included in Unley’s “Significant Tree List”. Officer’s Comment When the original survey to identify trees for inclusion in the Significant Tree Register in the City of Unley Development Plan was undertaken in 1991, this tree was identified as being of State Significance and highly recommended for inclusion. Somewhere in the process there was some confusion over the location of this and other Ridge Park trees, and a different group of trees was included in the Register. When Council undertakes its General Development Plan Amendment over the next eighteen months, this error can be corrected.


ITEM 1029 UNRESOLVED ITEMS Meeting Date Item Status Council 22/3/10

Item 622 (UBED Item 46 Adjourned Debate – Item 46 – Unley Business and Economic Development Committee – Glen Osmond Road Separate Rate Negotiation. (copy attached)

The Item lie on the table.


ITEM 622 ADJOURNED DEBATE ITEM 46 – UNLEY BUSINESS AND ECONOMIC DEVELOPMENT COMMITTEE – GLEN OSMOND ROAD SEPARATE RATE NEGOTIATION Prior to debate on this Item, Councillor Rowe declared a conflict of interest due to his employment at the City of Burnside, and left the meeting at 8.20 pm. MOVED Councillor Hudson SECONDED Councillor Tipper That: 1. The report be received. 2. Any action on a consultation process on the proposed collection of a

separate rate for the marketing activities of the Glen Osmond Road Precinct Association be postponed until such time as the future of the Association is determined.

3. Burnside Council be requested, as a matter of urgency, to hold formal

discussions with the City of Unley over the future of the Glen Osmond Road Precinct Association, with particular reference to the present inequitable situation of no financial contributions being received from businesses on the Burnside sector of the precinct.

MOVED Councillor Birch SECONDED Councillor Hewitson That the Item lay on the table.

CARRIED

DECISION REPORT REPORT TITLE: CONFIDENTIALITY MOTION FOR ITEM 1031 –

DPTI - RAIL ELECTRIFICATION ITEM NUMBER: 1030 DATE OF MEETING: 28 JANUARY 2014 AUTHOR: JOB TITLE:

KELLEY JAENSCH EXECUTIVE ASSISTANT TO THE GM ASSETS AND INFRASTRUCTURE



COMMUNITY GOAL: Organisational Excellence 5.3 Good governance and legislative framework

REPRESENTORS: NIL ATTACHMENTS: NIL PURPOSE To recommend that Item 1031 be considered in confidence at the 28 January 2014 Council meeting and that the report remain confidential until the item is revoked by the Chief Executive Officer at a future date. RECOMMENDATION MOVED: SECONDED: That: 1. Pursuant to Section 90(3)(j) of the Local Government Act 1999 the Council orders

the public be excluded, with the exception of the following:

Mr P Tsokas, Chief Executive Officer Mr D Litchfield, General Manager Economic Development and Planning Mr S Faulkner, General Manager People and Governance Ms M Berghuis, General Manager Community Mr J Devine, General Manager Assets and Infrastructure Ms R Wilson, Manager Governance and Risk Ms C Gowland, Executive Assistant to CEO


on the basis that it will receive and consider the report on DPTI – Rail Electrification and that the Council is satisfied that the meeting should be conducted in a place open to the public has been outweighed in relation to this matter because:

(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.

The disclosure of this information could prejudice the commercial position of the person who has supplied the information.


DECISION REPORT REPORT TITLE: CONFIDENTIALITY MOTION TO REMAIN IN

CONFIDENCE ITEM 1030 – DPTI RAIL ELECTRIFICATION

ITEM NUMBER: 1032 DATE OF MEETING: 28 JANUARY 2014 AUTHOR: JOB TITLE:





REPRESENTORS: NIL ATTACHMENTS: NIL PURPOSE To recommend that Item 1031 remain in confidence at the 28 January 2014 Council meeting until the order is revoked by the Chief Executive Officer. RECOMMENDATION MOVED: SECONDED: That: 1. The report be received. 2. Pursuant to Section 90(3)(j) of the Local Government Act:

2.1 The Minutes Report Attachments


remain confidential on the basis that the information contained in this report contains information with regard to compensation regarding the trees, and

2.2 the report and attachments will be kept confidential until the item is

revoked by the Chief Executive Officer.


DECISION REPORT REPORT TITLE: CONFIDENTIALITY MOTION FOR ITEM 1034 –

DPTI LAND ITEM NUMBER: 1033 DATE OF MEETING: 28 JANUARY 2014 AUTHOR: JOB TITLE:





REPRESENTORS: NIL ATTACHMENTS: NIL PURPOSE To recommend that Item 1033 be considered in confidence at the 28 January 2014 Council meeting and that the report remain confidential until the item is revoked by the Chief Executive Officer at a future date. RECOMMENDATION MOVED: SECONDED: That: 1. Pursuant to Section 90 (3)(d) of the Local Government Act 1999 the Council

orders the public be excluded, with the exception of the following:

Mr P Tsokas, Chief Executive Officer Mr D Litchfield, General Manager Economic Development and Planning Mr S Faulkner, General Manager People and Governance Ms M Berghuis, General Manager Community Mr J Devine, General Manager Assets and Infrastructure Ms R Wilson, Manager Governance and Risk Ms C Gowland, Executive Assistant to CEO


on the basis that it will receive and consider the report on DPTI land and that the Council is satisfied that the meeting should be conducted in a place open to the public has been outweighed in relation to this matter because:

(d) commercial information of a confidential nature (not being a trade secret) the

disclosure of which -

(i) Could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and

(ii) Would, on balance, be contrary to the public interest.

The information contained in the report could prejudice the position of the person who has supplied the information.


DECISION REPORT REPORT TITLE: CONFIDENTIALITY MOTION TO REMAIN IN

CONFIDENCE ITEM 1034 – DPTI LAND ITEM NUMBER: 1035 DATE OF MEETING: 28 JANUARY 2014 AUTHOR: JOB TITLE:





REPRESENTORS: NIL ATTACHMENTS: NIL PURPOSE To recommend that Item 1034 remain in confidence at the 28 January 2014 Council meeting until the order is revoked by the Chief Executive Officer. RECOMMENDATION MOVED: SECONDED: That: 1. The report be received. 2. Pursuant to Section 90 (3)(d) of the Local Government Act:

2.1 The Minutes Report Attachments


remain confidential on the basis that the information contained in this report contains information with regard to DPTI land and

2.2 the report and attachments will be kept confidential until the item is

revoked by the Chief Executive Officer.


COUNCIL MEETING A G E N D A MEMBERS · • Thank you for support to Daniela Nudo – Community...

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