Notice of Council Meeting · 6/11/2013 · Council Agenda 11 June 2013 9. Petitions and Memorials...

Notice of Council Meeting

NOTICE IS HEREBY GIVEN in accordance with Sections 83 and 87 of the Local Government Act 1999, that a meeting of the

COUNCIL

of the

CITY OF BURNSIDE

Will be held in the Council Chambers, Civic Centre at 401 Greenhill Road, Tusmore

on

TUESDAY 11 June 2013 at 7.00 pm

Paul Deb Chief Executive Officer

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If you would like to know about Council and Council Committee meeting procedures, please visit our website and type the following address: www.burnside.sa.gov.au/GOTO/MeetingPractice.

Council Meeting

Agenda

11 June 2013 at 7.00 pm Council Chamber, 401 Greenhill Road, Tusmore

Members: Mayor, David Parkin Councillors Bills, Capogreco, Cornish, Davey, Hasenohr, Lemon, Monceaux, Osterstock, Palk, Piggott, Pocock and Wilkins

1. Opening Prayer

2. Kaurna Acknowledgement

3. Apologies

4. Leave of Absence Nil

5. Confirmation of Minutes Recommendation That the Minutes of the Meeting of Council held on 28 May 2013 be taken as read and confirmed.

6. Mayor’s Report

7. Reports of Delegates/Working Parties

8. Deputations Dr Anna Sullivan, President, Burnside Residents' Group – Inner Metropolitan Growth Development Plan Amendment

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Council Agenda 11 June 2013

9. Petitions and Memorials

10. Questions (without debate) on Notice Nil

11. Consideration of Motions of which Notice has been given 11.1 Reports from Entities p7 11.2 Changes to Agenda p8 11.3 Chief Executive Officer Succession Plan p9 11.3 Burnside Retirement Services Inc. Legal Advice p10

12. Questions (without debate) of which Notice has not been given

13. Consideration of Motions of which Notice has not been given

14. Reports of Officers Items where there is no discussion to be had, are voted on individually at the beginning of this section of the Agenda, then all other items are debated and voted on individually. 14.1 Chief Executive Officer Report – May 2013 p11

Attachment A p15 Attachment B p17 Attachment C p18

14.2 Chief Executive Officer Efficiencies Report p25

14.3 Burnside Retirement Services Inc. – Review of Constitution p31 Attachment A p34 Attachment B p138

14.4 Inner Metropolitan Growth Development Plan Amendment – Commonwealth Implications p157

14.5 Third Quarter (Q3) 2012/13 Budget Update p161Attachment A p165 Attachment B p166 Attachment C p167Attachment D p169Attachment E p170 Attachment F p171

14.6 Annual Community Survey 2013 – Final Project Report p175 Attachments A-E (provided under separate cover)

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14.7 Certificate of Consent for the Deposit of a Plan of Division at 19 Nilpinna Street, Burnside – Certificate of Title Register Book Volume 6030 folio 846 p191 Attachment A p194 Attachment B p200 Attachment C p204 Attachment D p218

14.8 By-Law – Lodging Houses p223 Attachment A p227

14.9 Public Minutes of CEO Recruitment, Performance Appraisal And Remuneration Review committee meeting – 27 May 2013 and 3 June 2013 p231 Attachment A p232 Attachment B p235

15. Subsidiaries and Regional Subsidiaries 15.1 Eastern Waste Management Authority

Nil

15.2 Eastern Health Authority Nil

15.3 Highbury Landfill Authority Nil

16. Council Correspondence

17. Other Business 17.1 Items which must be dealt with as a matter of urgency. 17.2 Matters of special interest which Members wish to draw to the attention of the

Chamber. 17.3 Application for Leave of Absence.

18. Confidential Items 18.1 Elected Member Code of Conduct – Complaint Against Elected

Members p239

That pursuant to section 90(2) of the Local Government Act 1999, the Council orders that all members of the public, except the Elected Members of the City of Burnside, the Chief Executive Office, General Manager, Corporate Services, General Manager, Community and Development Services and General Manager Urban Services and the Executive Assistant, be excluded from attendance at the meeting for this Agenda Item 18.1 relating to a Code of Conduct complaint against Elected Members. The Council is satisfied that,

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pursuant to section 90(3)(a) of the Act, the information to be received, discussed or considered in relation to this Agenda Item is information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of the Elected Members subject of the complaint. The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances.

18.2 CEO Performance Appraisal Report and Remuneration p253 Attachment A p254 Attachment B p257

That pursuant to section 90(2) of the Local Government Act 1999, the Council orders that all members of the public, except the Elected Members of the City of Burnside and the Executive Assistant, be excluded from attendance at the meeting for this Agenda Item 18.2 relating to the CEO’s Performance Appraisal Report and Remuneration. The Council is satisfied that, pursuant to section 90(3)(a) of the Act, the information to be received, discussed or considered in relation to this Agenda Item is information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of the Chief Executive Officer. The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances.

19. Closure

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Meeting Agenda Item 11.1 11 June 2013 Item No: 11.1 To: Council Date: 11 June 2013 Submitted by: Councillor Palk Subject: REPORTS OF ENTITIES Attachments: Nil

Motion of Which Notice has been Given

Pursuant to Regulation 13(2) of the Local Government (Procedures at Meetings) Regulations, 2000, the following Notice of Motion has been submitted by Councillor Palk. 1. In relation to the organisations/entities upon which elected members serve as a result

of their nomination or appointment by Council:

1.1. the CEO write to all such organisations/entities and ask them to provide regular reports (at a minimum on a biannual basis) on the attendance record of each member of their governing bodies

1.2. the CEO write to those that do not routinely supply copies of minutes (or other

similar/suitable information) of their meetings and ask them to provide such documentation with respect to each meeting on an ongoing basis.

2. The CEO is to request that a substantive reply be provided within 28 days of the date of the CEO’s letter.

3. The CEO is to promptly provide a report to Council which includes the letters sent and

the responses received to enable Council to consider the matter further.

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Meeting Agenda Item 11.2 11 June 2013 Item No: 11.2 To: Council Date: 11 June 2013 Submitted by: Councillor Palk Subject: CHANGES TO AGENDA Attachments: Nil


Pursuant to Regulation 13(2) of the Local Government (Procedures at Meetings) Regulations, 2000, the following Notice of Motion has been submitted by Councillor Palk. 1. That Agenda item 15 be renamed “Subsidiaries, Regional Subsidiaries and other

organisations/entities” 2. That new sub-items be created as the CEO deems suitable for documents received

from “other organisations/entities” (which in this resolution refers to those bodies, the affairs of which Council is interested in by virtue of Elected Members being nominees or appointees of Council to those bodies).

3. That the CEO be authorised generally to make minor changes to Agenda headings etc

in order to accommodate the provision to Council of documents that do not readily fit within the present nomenclature.

4. That if Council disagrees with any changes made pursuant to paragraph 3, Council

may resolve as it sees fit in relation to those matters by way of Motion without Notice.

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Meeting Agenda Item 11.3 11 June 2013 Item No: 11.3 To: Council Date: 11 June 2013 Submitted by: Councillor Palk Subject: CEO SUCCESSION PLAN Attachments: Nil


Pursuant to Regulation 13(2) of the Local Government (Procedures at Meetings) Regulations, 2000, the following Notice of Motion has been submitted by Councillor Palk. 1. That the CEO provide a report to Council by the last meeting in July 2013 setting out a

succession plan in relation to his position, with respect to occupants acting in the position: (a) for short periods; and (b) for the longer term in the event that he takes extended leave or ceases

permanently to occupy the position.

2. The report is not required to comment on individual persons but on the “succession plan”, that is, the method/plan the CEO is implementing or will implement for the benefit of Council's functioning to ensure that any person drawn from within the Administration who might act in the position of CEO for short or long periods has the appropriate and necessary training, skills, educational qualifications etc to be ready to assume the role and carry it out effectively.

3. The report is also to address the steps being taken by the CEO to ensure that any occupant of the position of CEO (acting or otherwise) from within or outside the Administration has readily accessible to them comprehensive information in relation to the functioning of the CEO position, designed to maximise their successful transition to that role.

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Meeting Agenda Item 11.4 11 June 2013 Item No: 11.4 To: Council Date: 11 June 2013 Submitted by: Councillor Palk Subject: BURNSIDE RETIREMENT SERVICES INC. LEGAL ADVICE Attachments: Nil


Pursuant to Regulation 13(2) of the Local Government (Procedures at Meetings) Regulations, 2000, the following Notice of Motion has been submitted by Councillor Palk. Confidential Recommendation That pursuant to section 90(2) of the Local Government Act 1999 the Council orders the public be excluded from attendance, with the exception of the Elected Members of the City of Burnside, the Chief Executive Officer, the General Manager Corporate Services, the General Manager Urban Services, the General Manager Community and Development Services, and the Executive Officer on the basis that it will receive and consider the Item 11.3 ‘Burnside Retirement Services Inc. Legal Advice’ and that the Council is satisfied that the principle that the meeting should be conducted in a place open to the public has been outweighed in relation to the matter because pursuant to section 90(3)(h) of the Act, it relates to legal advice. In addition, the disclosure of this information would, on balance, be contrary to the public interest.


1. That the legal advice from Kelledy Jones Lawyers dated 17 May 2013 regarding BRSI governance matters be tabled.

Confidential Recommendation

1. That pursuant to section 91(7) and (9) of the Local Government Act, 1999 the Council orders that:

1.1 the legal advice from Kelledy Jones Lawyers dated 17 May 2013 regarding BRSI

governance matters remain confidential on the basis that the disclosure of this information would be an unreasonable disclosure of legal advice pursuant to Section 90(3)(h) of the Act; and

1.2 the legal advice from Kelledy Jones Lawyers dated 17 May 2013 regarding BRSI

governance matters will not be available for public inspection for the period of 12 months for which the confidentiality order is to apply or be reviewed, so long as it does not exceed 12 months in either case at which time this order will be revoked/reviewed by the Council/Chief Executive Officer and the review/revocation of the legal advice from Kelledy Jones Lawyers should be reviewed at the same time as the legal advice received by BRSI from Griffin Lawyers dated 17 May 2013 (C9206 and C9208).

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Council Agenda Item 14.1 11 June 2013

Item No: 14.1 To: Council Date: 11 June 2013 Author: Paul Deb – Chief Executive Officer Contact: 8366 4201 Subject: CHIEF EXECUTIVE OFFICER REPORT – MAY 2013 Attachments: A. May 2013 Finance Report

B. May 2013 Capital Reserves Transaction Summary C. Reports Outstanding List

Prev. Resolution: C7319, 16/9/08

Officer’s Recommendation

That the Report be received.

Purpose

1. To provide Council with a monthly report of key activities and issues, aligned to Council’s Strategic Plan ‘Be the Future of Burnside’.

2. To provide Council with a monthly report on the financial position of the organisation.

3. To provide Council with a list of reports that have been requested by Elected Members and the status of those reports.

Strategic Plan

4. The following Strategic Plan provision is relevant:

“Delivery of good governance in Council business”

“A financially sound Council that is accountable, responsible and sustainable”

“An empowered Council and Administration that is visionary and innovative in meeting community needs”

Communications/Consultation

5. Communication has been undertaken with internal and with external organisations as described in the body of the report.

Statutory

6. The following legislation is relevant in this instance:

Local Government Act, 1999

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Policy

7. There are no policy implications with the recommendation.

Risk Assessment

8. There are no risks associated with the recommendation.

Finance

9. The May 2013 Finance report is provided in Attachment A.

10. The Monthly Finance Report for May 2013 has been updated with the adjustments following the third quarter budget review and shows that Council is tracking towards a net operating deficit which is substantially smaller than that forecast at the beginning of the financial year. The Administration will continue to endeavour to make savings and will aim to make a net operating surplus by the end of the financial year.

11. The Capital Reserves Transaction Summary is provided in Attachment B and the balance of the Capital Reserves at 31 May 2013 is $2,134,205, a reduction of $265,386, which is made up of various supplier payments.

Discussion

12. The following activities, aligned to Vision 2020, have been undertaken by the CEO during May 2013.

BE THE FUTURE OF BURNSIDE

ACTIVITY / MEETING

KEY ISSUES OUTCOMES

Our Protected and Valued Environment

Brown Hill / Keswick Creek CEO Workshop

Brown Hill / Keswick Creek

The CEO attended a Brown Hill / Keswick Creek CEO meeting on 3 May 2013 to continue discussions regarding the Master Plan and the future governance arrangements for the authority.

Cohen Group Burnside Village Tree

The Mayor and the CEO met with the CEO of the Cohen Group regarding Council’s most recent resolution regarding the tree in the Burnside Village Shopping Centre. A response from the Cohen Group has been provided to Elected Members via Information Document.

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Our Integrated Urban Form and Living Spaces

Department of Planning, Transport and Infrastructure

Inner Metropolitan Growth Development Plan Amendment

The CEO, the General Manager Community and Development Services and the Manager Development Services met with key staff from the Department of Planning, Transport and Infrastructure to discuss the Inner Metropolitan Growth Development Plan Amendment. Staff from the Department of Planning, Transport and Infrastructure will give Elected Members a briefing on this issue in late June 2013.

Our Diverse, Supportive, Happy and Healthy People

Succession Plan Meeting with the consultant

The CEO met with the consultant engaged to assist in developing a Succession Plan. This matter is progressing well and will be presented to Council in due course.

Our leading, inclusive and Connected Council

Local Government Managers Australia Congress

Great Society – What is Local Government’s Role?

The CEO attended the Local Government Managers Australia Congress as Council’s delegate where the theme of the Congress was ‘Great Society – What is Local Government’s Role?’ Key speakers included Bob Brown (Great Society – Local Government’s role); Dr Kathy Alexander, CEO City of Melbourne (Indicators of a Great Society); Bob Parker, Mayor City of Christchurch, New Zealand (Rebuilding and Redeveloping a Great Society); Mark Pesce, Futurist and New Inventors judge (Modern Democracy and Community Engagement) and Therese Rein (The Value of a CEO).

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Communication with Elected Members

Workshops The CEO and senior staff hosted the following Elected Member Workshops / Briefings / Training in May 2013:

• Transparency and Openness in LG Decision Making

Local Government Association

Sector issues The CEO met with the CEO of the LGA to discuss a range of sector issues and issues generally affecting the City of Burnside including the Inner Metropolitan Growth Development Plan Amendment, the Parliamentary Select Committee Hearing into the City of Burnside and the Council’s complaint to Ombudsman SA regarding the Department of Planning, Transport and Infrastructure.

Local Government Association

Kaurna Indigenous Land Use Agreement

The Mayor, CEO, General Manager Corporate Services and Governance Coordinator attended a briefing by the Local Government Association regarding the Kaurna Indigenous Land Use Agreement. This matter will be presented to Council shortly for consideration.

Reports Outstanding List

13. The Reports Outstanding List is contained in Attachment C.

14. As at the conclusion of the Council / Committee meeting held on 28 May 2013, there are 39 reports outstanding (43 at the end of April 2013). Of the 39 reports, 12 will be presented in June 2013 and nine in July 2013. The balance will be presented as indicated in Attachment C.

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CITY OF BURNSIDEMONTHLY FINANCE REPORTAS AT 31 MAY 2013FOR THE YEAR ENDING 30 JUNE 2013 2012/13

2012/13 Approved 2012/13 2012/13Adopted Variations Revised 2012/13 ActualBudget to Budget Budget Forecast Result

Full Year Full Year Full Year Full Year Year to Date$'000 $'000 $'000 $'000 $'000

Note 1 2OPERATING ACTIVITIES:

Operating Income 37,679 44 37,723 37,627 37,246 Less: Operating Expenses 38,572 164 38,736 38,922 34,253 Operating Surplus / (Deficit) (a) (893) (120) (1,013) (1,295) 2,993

CAPITAL ACTIVITIES:

Net Outlays on Existing AssetsCapital Expenditure on Renewal and Replacementof Existing Assets 7,900 (69) 7,831 7,231 4,108 Less: Depreciation, Amortisation & Impairment 8,800 - 8,800 8,800 8,067 Less: Proceeds from Sale of Replaced Assets (24) 36 12 12 36 Net Outlays on Existing Assets (b) (876) (105) (981) (1,581) (3,995)

Net Outlays on New and Upgraded AssetsCapital Expenditure on New and Upgraded Assets 5,550 (1,563) 3,987 2,680 3,753 Less: Amounts Received Specifically for New and

Upgraded Assets 208 767 975 992 942 Less: Proceeds from Sale of Surplus Assets - - - - - Net Outlays on New and Upgraded Assets (c) 5,342 (2,330) 3,012 1,688 2,811

Capital Reserves (d) 3 4,789 (2,789) 2,000 - 2,134

Net Lending / (Borrowing) for the Financial Year(a)-(b)-(c)+(d) (570) (474) (1,044) (1,402) 6,311

Statement of Comprehensive Income - Net Operating Surplus / (Deficit) 4 (709) 683 (26) (291) 3,971

Snapshot

On track to meet adopted budget

On track debt recovery

On track cash flow

On track for Net Operating Surplus

Notes

1. Adjustments have been made to the original budget to reflect the Q1 & Q2 Budget Reviews and are includedin the Revised Budget for 2012/13.

2. The forecast result for 2012/13 shows a Net Operating Deficit of $291k in line with the proposed Q3 Revised Budget adjustments submitted to Council for Adoption on 11 June 2013.

This forecast does not include any 2013/14 Financial Assistance Grant receipts or depreciation adjustments arising from the ongoing Asset Revaluation project.

3. The Capital Reserves amount as at 31 May 2013 is $2,134k (Attachment B).4. The large actual Net Operating Surplus of $3.971m is due mainly to the generation of the annual rates in July 2012

and capital expenditure timing differences.

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Attachment A

CITY OF BURNSIDEMONTHLY FINANCE REPORTAS AT 31 MAY 2013FOR THE YEAR ENDING 30 JUNE 2013 2012/13

2012/13 Approved 2012/13 2012/13Adopted Variations Revised 2012/13 ActualBudget to Budget Budget Forecast Result

Full Year Full Year Full Year Full Year Year to Date$'000 $'000 $'000 $'000 $'000

Note 1 2OPERATING ACTIVITIES:

Rates IncomeGrants IncomesOther Operating Income 37,679 44 37,723 37,723 37,246 Less: Operating Expenses 38,572 164 38,736 38,736 34,253 Operating Surplus / (Deficit) (a) (893) (120) (1,013) (1,013) 2,993

CAPITAL ACTIVITIES:

Net Outlays on Existing AssetsCapital Expenditure on Renewal and Replacementof Existing Assets 7,900 363 8,263 8,263 4,108 Less: Depreciation, Amortisation & Impairment 8,800 - 8,800 8,800 8,067 Less: Proceeds from Sale of Replaced Assets (24) 36 12 12 36 Net Outlays on Existing Assets (b) (876) 327 (549) (549) (3,995)

Net Outlays on New and Upgraded AssetsCapital Expenditure on New and Upgraded Assets 5,550 (212) 5,338 5,338 3,753 Less: Amounts Received Specifically for New and

Upgraded Assets 208 767 975 975 942 Less: Proceeds from Sale of Surplus Assets - - - - - Net Outlays on New and Upgraded Assets (c) 5,342 (979) 4,363 4,363 2,811

Capital Reserves (d) 3 4,789 (2,789) 2,000 2,000 2,400

Net Lending / (Borrowing) for the Financial Year(a)-(b)-(c)+(d) (570) (2,257) (2,827) (2,827) 6,577

Statement of Comprehensive Income - Net Operating Surplus / (Deficit) 4 (709) 683 (26) (26) 3,971

Snapshot



On track cash flow

On track for Net Operating Surplus

Notes

1. Adjustments have been made to the original budget to reflect the Q1 & Q2 Budget Reviews and are includedin the Revised Budget for 2012/13. The Q3 adjustments will be completed for June reporting.

2. The forecast result for 2012/13 shows a Net Operating Deficit of $26k.3. The Capital Reserves amount as at 30 April 2013 is $2,400k (Attachment B).4. The large actual Net Operating Surplus of $3.791m is due mainly to the generation of the annual rates in July 2012.

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CAPITAL RESERVES TRANSACTION SUMMARY

as at 31 May 2013

Transaction Description Amount Comment

Initial Opening Balance 5,000,000 Land Sale & Purchase Contract Tax Invoice 82808 25/10/2006

Add : Interest earned 2007-08 366,176 InvestmentsAdd : Interest earned 2008-09 283,425 InvestmentsAdd : Interest earned 2009-10 250,531 InvestmentsAdd : Interest earned 2010-11 348,539 InvestmentsAdd : Interest earned 2011-12 252,534 Investments (interest to 13/03/2012)

Less : Hockey Pitch Feasibility Study (19,800) Council Resolution (S7327, 20/4/10)Less : Glenunga Hub Feasibility Study, demolition of the Progress Association Hall, Change Rooms and Public Toilet, ongoing payment of temporary facilities awaiting construction.

(252,501) Council Resolution (CS1737, 18/5/10)Council Resolution (C7901, 15/6/10)Council Resolution (C7904, 15/6/10)

Capital Reserve Balance as at 30 June 2012 6,228,905

Less : Capital Expenditure - July (761,425) Various Supplier PaymentsLess : Capital Expenditure - July (923,536) Mastec Australia Pty LtdLess : Capital Expenditure - August (210,899) Various Supplier PaymentsLess : Capital Expenditure - October (923,536) Mastec Australia Pty LtdLess : Capital Expenditure - December (995,064) Mastec Australia Pty Ltd (final payments)Less : Glenunga Hub - hire of temporary facilities (14,853) For 2012-13 (to 31 January 2013)Less : Capital Expenditure - May (265,386) Various Supplier Payments

Capital Reserve Balance as at 31 May 2013 2,134,205 GL Control Account 001.238

Capital Reserve - interest earned but not capitalised 108,485 Retained as operating revenue

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ate

cost

ings

, a

Plan

and

tim

efra

mes

and

that

the

curr

ent w

ork

at th

e La

urel

Ave

nue

Nur

sery

and

C

omm

unity

Gar

den

be p

ut o

n ho

ld p

endi

ng th

e R

epor

t to

the

Com

mitt

ee.

CEO

O

ct 2

012

REV

ISED

D

ATE:

AU

G 2

013

EM W

orks

hop

held

in

June

201

2. R

epor

t to

Cou

ncil

in A

ugus

t 201

3.

8.

28/0

6/11

W

heal

Wat

kins

Min

e R

ehab

ilita

tion

(PH

I004

8) –

Tha

t the

mat

ter b

e pr

esen

ted

to th

e Pl

anni

ng, H

erita

ge a

nd In

frast

ruct

ure

Com

mitt

ee o

nce

feed

back

is re

ceiv

ed fr

om th

e Bu

rnsi

de H

isto

rical

Soc

iety

.

GM

US

Jun

2013

R

EVIS

ED

DAT

E:

TBA

Mat

ter w

as c

onsi

dere

d by

Cou

ncil

on 2

6 Fe

brua

ry 2

013.

No

deci

sion

was

mad

e by

C

ounc

il. T

he

Adm

inis

tratio

n ha

s m

et

with

the

BHS

to

dete

rmin

e ne

xt s

teps

an

d is

wai

ting

on B

HS

and

cons

ulta

nts

advi

ce.

9.

27/0

9/11

U

rban

Tre

e Am

enity

Val

uatio

n (P

HI0

072)

– T

hat a

Rep

ort b

e pr

esen

ted

to C

ounc

il w

ith a

m

etho

dolo

gy a

nd p

lan

to im

plem

ent t

he ‘T

ree

Amen

ity V

alua

tion’

with

in e

xist

ing

prov

isio

ns

and

pow

ers

unde

r Sec

tion

245A

of t

he L

ocal

Gov

ernm

ent A

ct, 1

999.

GM

US

May

201

3 R

EVIS

ED

DAT

E:

JUL

2013

To b

e in

corp

orat

ed in

to

the

revi

ew o

f the

Tre

e M

anag

emen

t Stra

tegy

. Th

e Tr

ee m

anag

emen

t St

rate

gy is

bei

ng

final

ised

and

will

be

pres

ente

d in

Jul

y 20

13.

10.

13/1

2/11

C

omm

unity

Tra

nspo

rt P

rogr

am D

oor t

o D

oor C

ar S

ervi

ce (C

CS0

057)

– T

hat a

fter 2

ye

ars

of ru

nnin

g th

e D

oor t

o D

oor C

ar S

ervi

ce, t

hat a

Rep

ort b

e pr

esen

ted

to th

e C

omm

unity

, Dev

elop

men

t and

Her

itage

Com

mitt

ee d

etai

ling

the

succ

ess

of th

e pr

ogra

m

and

to d

eter

min

e th

e on

goin

g co

mm

itmen

t to

the

prog

ram

.

GM

CD

S D

ec 2

014

On

track

.

11.

27/0

3/12

En

try to

Bur

nsid

e Sw

imm

ing

Pool

(C86

25) –

Tha

t a R

epor

t be

pres

ente

d to

the

Cou

ncil

12/1

3 bu

dget

pro

cess

, to

revi

ew th

e en

try fe

es a

nd th

e fre

e en

try p

roce

ss o

f Ele

cted

M

embe

rs a

nd s

taff

to th

e Bu

rnsi

de S

wim

min

g Po

ol.

GM

US

Mar

ch

2013

R

EVIS

ED

DAT

E:

JUN

201

3

To b

e co

nsid

ered

as

part

of th

e Sw

imm

ing

Cen

tre

end

of s

easo

n re

port.

19

NO

M

TG

DAT

E SU

BJE

CT

OFF

ICER

D

UE

DAT

E ST

ATU

S

12.

10/0

4/12

D

ulw

ich

Com

mun

ity C

entre

(C86

39) –

Tha

t a re

port

be p

rovi

ded

to C

ounc

il in

rela

tion

to

the

Dul

wic

h C

omm

unity

Cen

tre s

ite, a

ddre

ssin

g th

e fo

llow

ing:

•

The

hist

ory

of th

e ac

quis

ition

of t

he s

ite.

• W

heth

er C

ounc

il is

bou

nd b

y an

y ob

ligat

ions

aris

ing

out o

f the

circ

umst

ance

s in

w

hich

it b

ecam

e th

e re

gist

ered

pro

prie

tor o

f the

land

. •

The

use

pres

ently

bei

ng m

ade

of th

e si

te.

• Th

e st

ate

of th

e bu

ildin

gs o

n th

e la

nd.

• Th

e vi

ews

of th

e pr

esen

t ten

ants

/lice

ncee

s an

d us

ers

as to

the

rete

ntio

n or

ot

herw

ise

of th

e si

te.

CEO

Se

pt 2

012

REV

ISED

D

ATE:

JU

L 20

13

Rep

ort t

o C

ounc

il in

Jul

y 20

13.

13.

26/0

6/12

Pl

aygr

ound

s (C

8760

) –

1.

That

con

side

ratio

n be

giv

en to

intro

duci

ng a

cla

ssifi

catio

n fo

r pla

ygro

unds

, to

iden

tify

whi

ch p

layg

roun

ds a

re in

tend

ed fo

r use

by

wha

t par

ticul

ar a

ge g

roup

s;

2 If

intro

duce

d, th

is in

form

atio

n be

incl

uded

in d

ocum

ents

and

ele

ctro

nic

med

ia fo

r pu

blic

con

sum

ptio

n an

d as

sist

ance

; 3.

If

intro

duce

d, th

e Pl

aygr

ound

Stra

tegy

be

upda

ted

and

thos

e pa

ram

eter

s in

form

and

be

refle

cted

in a

ll Ad

min

istra

tion

repo

rts in

rela

tion

to p

layg

roun

ds;

4.

If in

trodu

ced,

a d

raft

polic

y th

at in

clud

es th

ese

para

met

ers

be b

roug

ht to

Cou

ncil

for

cons

ider

atio

n.

GM

US

July

201

3 R

EVIS

ED

DAT

E:

AUG

201

3

The

revi

ew o

f the

Pl

aygr

ound

Stra

tegy

will

be c

onsi

dere

d as

par

t of

the

Spor

ts &

Rec

reat

ion

Stra

tegy

.

14.

14/8

/12

Res

ults

of C

omm

unity

Con

sulta

tion

– N

ewla

nd P

ark

Tem

pora

ry H

ome

Run

Fen

ce

(IE00

36) –

Tha

t Cou

ncil

wor

k w

ith th

e Ke

nsin

gton

Bas

ebal

l Clu

b an

d ne

ighb

ourin

g re

side

nts

and

busi

ness

es to

est

ablis

h th

e sc

ale

of th

e is

sue

of b

aseb

alls

bei

ng h

it be

yond

th

e bo

unda

ry o

f Bill

Coo

per O

val a

nd, i

f con

side

red

nece

ssar

y, in

itiat

ives

to a

ddre

ss it

. A

repo

rt m

ust b

e pr

ovid

ed to

Cou

ncil

prio

r to

the

gran

ting

of th

e pe

rmit

for 2

013/

2014

se

ason

.

GM

US

May

201

3 R

EVIS

ED

DAT

E:

JUN

201

3

Rep

ort t

o C

ounc

il in

Jun

e 20

13.

15.

9/10

/12

Res

pons

e to

Dep

artm

ent o

f Pla

nnin

g, T

rans

port

and

Infr

astr

uctu

re –

Opt

imis

ing

Our

Tra

nspo

rt C

orrid

ors

(IE00

47) –

Tha

t the

Dep

artm

ent o

f Pla

nnin

g, T

rans

port,

and

In

frast

ruct

ure

be a

dvis

ed th

at C

ounc

il co

nsid

ers

that

the

Dep

artm

ent h

as o

mitt

ed th

e se

ctio

n of

Gre

enhi

ll R

oad

from

Gly

nbur

n R

oad

to P

ortru

sh R

oad

from

the

Peak

Hou

r R

oute

s fu

nctio

nal h

iera

rchy

and

that

it s

houl

d be

incl

uded

.

GM

US

TBA

Awai

ting

resp

onse

from

D

PTI.

Mat

ter i

s be

ing

follo

wed

up.

16.

13/1

1/12

W

H H

olm

es R

eser

ve E

ncro

achm

ents

(IE0

051)

– S

houl

d th

e ow

ners

of 1

2, 1

2A, 1

4 &

16

Tayl

or T

erra

ce, R

ossl

yn P

ark

agre

e to

pur

chas

e th

e re

spec

tive

porti

ons

of C

omm

unity

La

nd, t

hen

a R

epor

t on

the

agre

ed fa

ir va

lue

of th

e re

spec

tive

porti

ons

of la

nd b

e pr

esen

ted

to C

ounc

il fo

r end

orse

men

t prio

r to

unde

rtaki

ng th

e re

voca

tion

of C

omm

unity

La

nd c

lass

ifica

tion

proc

ess

in o

rder

to a

ffect

the

sale

s.

GM

US

TBA

REV

ISED

D

ATE:

AU

G 2

013

Rep

ort t

o C

ounc

il in

Au

gust

201

3.

17.

13/1

1/12

M

agill

Sto

ne M

ine

Encr

oach

men

t (IE

0053

) – S

houl

d th

e ow

ners

of 2

7 C

oach

Roa

d,

Ros

slyn

Par

k; 3

7 W

yfie

ld S

treet

, Wat

tle P

ark;

and

55

Wyf

ield

Stre

et, W

attle

Par

k ag

ree

to

purc

hase

the

resp

ectiv

e po

rtion

s of

Com

mun

ity L

and,

then

a R

epor

t on

the

agre

ed fa

ir va

lue

of th

e re

spec

tive

porti

ons

of la

nd b

e pr

esen

ted

to C

ounc

il fo

r end

orse

men

t prio

r to

GM

US

TBA

REV

ISED

D

ATE:

AU

G 2

013

Rep

ort t

o C

ounc

il in

Au

gust

201

3.

20

NO

M

TG

DAT

E SU

BJE

CT

OFF

ICER

D

UE

DAT

E ST

ATU

S

unde

rtaki

ng th

e re

voca

tion

of C

omm

unity

Lan

d cl

assi

ficat

ion

proc

ess

in o

rder

to a

ffect

the

sale

s.

18.

29/1

/13

Vict

oria

Par

k M

aste

r Pla

n (C

8993

) – T

hat t

he C

EO w

rite

to th

e C

EO o

f the

City

of

Adel

aide

requ

estin

g an

upd

ate

on th

e re

deve

lopm

ent a

nd im

plem

enta

tion

of th

e m

aste

r pl

an o

f Vic

toria

Par

k.

CEO

TB

A Le

tter s

ent a

nd a

wai

ting

resp

onse

.

19.

29/1

/13

Annu

al C

omm

unity

Sur

vey

– Pa

rtic

ipat

ion

of N

on R

esid

ent R

atep

ayer

s (C

9002

) –Th

at th

e C

EO re

port

to C

ounc

il on

the

mat

ter i

n Ju

ne 2

013.

C

EO

Jun

2013

O

n tra

ck.

20.

29/1

/13

ERA

Aqui

fer S

tora

ge a

nd R

echa

rge

Proj

ect (

C90

03) –

Tha

t a d

raft

Cha

rter o

f the

R

egio

nal S

ubsi

diar

y be

pre

pare

d fo

r the

con

side

ratio

n an

d un

anim

ous

agre

emen

t of t

he

parti

cipa

ting

Cou

ncils

.

GM

US

Jun

2013

R

EVIS

ED

DAT

E:

JUL

2013

Rep

ort t

o C

ounc

il in

Jul

y 20

13.

21.

29/1

/13

Cha

nges

to D

evel

opm

ent A

sses

smen

t Pro

cess

es in

Sou

th A

ustr

alia

(C90

08) –

Tha

t th

e C

EO o

n C

ounc

il’s b

ehal

f writ

es to

the

Lead

er o

f the

Sta

te O

ppos

ition

, the

Sha

dow

M

inis

ter o

f Pla

nnin

g, a

nd a

ll M

embe

rs o

f the

Upp

er H

ouse

, as

wel

l as

Mem

bers

for U

nley

, Br

agg,

Mor

ialta

and

Har

tley

out l

inin

g C

ounc

il’s c

once

rns

in re

latio

n to

this

mat

ter,

encl

osin

g a

copy

of t

he M

ayor

’s le

tter d

ated

26

Oct

ober

201

2.

GM

CD

S TB

A Le

tter s

ent a

nd a

wai

ting

resp

onse

.

22.

12/2

/13

By-

Law

s (C

9023

) – T

hat a

Rep

ort b

e br

ough

t to

Cou

ncil

each

qua

rter,

com

men

cing

end

of

Mar

ch 2

013,

cov

erin

g ac

tiviti

es fo

r the

man

agem

ent a

nd e

nfor

cem

ent o

f eac

h of

C

ounc

il’s B

y La

ws.

GM

CD

S Ju

n 20

13

On

track

.

23.

26/2

/13

Lodg

ing

Hou

se B

y-La

w (C

9043

) – T

hat t

he A

dmin

istra

tion

prep

ares

a R

epor

t by

June

20

13 th

at in

vest

igat

es th

e fe

asib

ility

of C

ounc

il in

trodu

cing

a L

odgi

ng H

ouse

By-

Law

. G

MC

DS

Jun

2013

O

n tra

ck.

24.

26/2

/13

Mag

ill C

emet

ery

Col

umba

rium

Wal

l Ope

ratin

g G

uide

lines

(C90

49) –

Tha

t a R

epor

t be

pres

ente

d to

Cou

ncil

with

reco

mm

enda

tions

on

the

futu

re m

anag

emen

t stru

ctur

e of

the

Mag

ill C

emet

ery

with

the

spec

ific

aim

in a

chie

ving

all

of th

e ou

tsta

ndin

g ac

tions

with

in th

e M

agill

Cem

eter

y M

anag

emen

t Pla

n.

CEO

Ju

n 20

13

REV

ISED

D

ATE:

JU

L 20

13

Rep

ort t

o C

ounc

il in

Jul

y 20

13.

25.

26/2

/13

Con

sulta

tion

Res

ults

and

Pro

pose

d Pu

blic

Dec

lara

tion

– Am

ery

Lane

and

Dim

bool

a St

reet

, Beu

lah

Park

(C90

58) –

Tha

t a R

epor

t be

pres

ente

d to

Cou

ncil

with

the

resu

lts o

f th

e pu

blic

not

ifica

tion

proc

ess

and

outc

omes

.

GM

US

Jun

2013

R

EVIS

ED

DAT

E:

TBA

Publ

ic d

ecla

ratio

n pr

oces

s is

und

erw

ay.

26.

26/2

/13

Pois

onin

g of

Tre

e si

tuat

ed in

fron

t of 4

13 T

he P

arad

e, K

ensi

ngto

n G

arde

ns (C

9063

) –

That

the

inve

stig

atio

n be

sub

ject

to a

Rep

ort b

ack

to C

ounc

il by

the

first

mee

ting

in J

une

with

the

resu

lts a

nd o

f how

the

tree

has

fare

d ta

king

into

acc

ount

the

abov

e pa

ragr

aph.

GM

US

Jun

2013

O

n tra

ck.

27.

26/2

/13

Dep

artm

ent o

f Edu

catio

n an

d C

hild

ren’

s D

evel

opm

ent (

DEC

D) –

Lea

ses

(C90

64) –

Th

at le

gal a

dvic

e be

sou

ght t

o en

sure

that

the

draf

t lea

se d

ocum

enta

tion

inco

rpor

ates

all

term

s re

quire

d by

Cou

ncil

incl

udin

g pr

ovis

ion

for a

mai

nten

ance

agr

eem

ent t

hat s

atis

fied

Cou

ncil’s

requ

irem

ents

. Tha

t a fu

rther

repo

rt be

pro

vide

d w

hen

item

2 h

as b

een

atte

nded

to

.

GM

US

May

201

3 R

EVIS

ED

DAT

E:

AUG

201

3

Lega

l adv

ice

curr

ently

be

ing

soug

ht.

21

NO

M

TG

DAT

E SU

BJE

CT

OFF

ICER

D

UE

DAT

E ST

ATU

S

28.

26/3

/13

Wor

king

Par

ties

(C90

94) –

Tha

t the

Adm

inis

tratio

n pr

esen

ts a

new

pol

icy

to C

ounc

il w

ith

resp

ect t

o W

orki

ng P

artie

s.

GM

CS

May

201

3 R

EVIS

ED

DAT

E:

JUL

2013

A dr

aft o

f the

Wor

king

Pa

rty P

olic

y w

ill be

di

strib

uted

to E

lect

ed

Mem

bers

for f

eedb

ack

prio

r to

pres

enta

tion

to

Cou

ncil.

29

. 26

/3/1

3 R

oad

Res

erve

Enc

roac

hmen

ts (C

9095

) – T

hat t

he A

dmin

istra

tion

pres

ents

a re

port

to

Cou

ncil

rega

rdin

g th

e is

sue

of e

ncro

achm

ents

ont

o ro

ad re

serv

es (l

ands

capi

ng, i

rrig

atio

n et

c) th

at p

reve

nt p

edes

trian

acc

ess

on th

ose

road

rese

rves

and

a p

olic

y on

how

Cou

ncil

can

man

age

futu

re re

ques

ts fo

r enc

roac

hmen

ts a

nd e

xist

ing

long

sta

ndin

g en

croa

chm

ents

.

GM

US

Jun

2013

O

n tra

ck.

30.

9/4/

13

Swim

min

g C

entr

e R

epor

t (C

9118

) – T

hat a

sep

arat

e re

port

in re

latio

n to

the

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and

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appr

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31.

9/4/

13

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at 2

abo

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furth

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34.

14/5

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, for

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S Ju

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35.

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Adm

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to C

ounc

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outc

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of t

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and

incl

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nsul

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the

final

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Ju

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36.

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/13

Tree

Man

agem

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pres

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in 2

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.

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US

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O

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NO

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DAT

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OFF

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38.

28/5

/13

Bur

nsid

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etire

men

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s In

c. –

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iew

of C

onst

itutio

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9184

) – T

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fina

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2 o

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Burn

side

Ret

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11 J

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39.

28/5

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23

Council Agenda Item 14.2 11 June 2013 Item No: 14.2 To: Council Date: 11 June 2013 Author: Nigel Morris – General Manager, Corporate Services Contact: 8366 4196 Subject: CHIEF EXECUTIVE OFFICER EFFICIENCIES REPORT Attachments: Nil Prev. Resolution: C8495, 22/11/11



Purpose

1. To provide Elected Members with a report summarising the initiatives and efficiencies achieved by the Chief Executive Officer as a result of the implementation of the Organisational Review in 2011.

Strategic Plan

2. The following Strategic Plan provisions are relevant:

“A financially sound Council that is accountable, responsible and sustainable”

“Cost effective, leading edge technologies that deliver efficient council services to benefit the community”


3. The following communication / consultation has been undertaken:

3.1 Discussions with internal departments including the Customer Service team, Asset Services, Internal Audit Manager, Chief Financial Officer, Manager Information Systems and the General Manager, Community and Development Services.

Statutory



Unclaimed Goods Act, 1987

Policy

5. The following Council Policy is relevant in this instance:

Procurement Policy

Risk Assessment


25

Council Agenda Item 14.2 11 June 2013 Finance

7. There are no financial implications for the City of Burnside in respect of the recommendation.

Discussion

Background

8. The Chief Executive Officer (CEO) presented a report to Council on 22 November 2011 with the subject “Review of Organisation Structure”.

9. Within the body of the report, the CEO indicated that there would be initiatives introduced with the intention of saving 2% of Council’s operating expenditure for the adopted budget.

10. The following is a list of savings (financial and otherwise) being delivered, by Department/function.

Procurement and Contracts

11. The establishment of a Procurement and Contracts Department within the reformed Corporate Services Division has achieved savings of approximately $827,200, comprised of approximately $93,000 of cost savings avoidance and $734,200 of direct cost savings for the 2012/13 financial year. Examples of these are:

11.1 Savings on the cleaning contract of approximately $200,000 per annum, achieved by consolidating the services and tendering with Councils from the G6 Procurement Group (now Council Solutions), which has maximised the buying power of Council and attracted a different field of providers.

11.2 Savings on two Engineering Services Capital Works contracts of approximately $260,000 per year combined, achieved by aggregating projects as an annual program of works and establishing a periodic contract attracting a competitive schedule of rates.

11.3 Saving of over $350,000 for the purchase of the infrastructure for Council’s 3 bin system by accessing a national contract which has consolidated the buying power of all Councils who have the ability to access the contracts. In addition, it is forecast that Council has saved approximately $100,000 in the first year on the maintenance of the individual bins, and a reduction of these costs of approximately 25% for each year thereafter for the warranty period for the bins.

11.4 Savings of 26% on courier costs, which has been achieved by accessing the contract conditions and pricing offered by Procurement Australia, and has retained the services of the local contractor used. In addition, using this contract has allowed online booking for items, and has allowed staff to track items as they are couriered.

11.5 A conservative estimate of $36,500 per year has been achieved on Stationery Supplies. This has been achieved by acceding to the Council Solutions Stationery contract, placing a monthly cap on expenditure for each department, limiting the items which can be purchased, and consolidating printing and copy paper costs and administration across Council.

11.6 Savings of approximately 20 - 44% for tyres for Council light vehicles and trucks, dependant on the product. This has been achieved by accessing the

26


contract conditions and pricing offered by Procurement Australia, and has retained the services of the contractors previously used.

11.7 Savings of over $80,000 have been provided through a combination of strategic procurement and innovation by the Information Systems Department in replacing the previous server and storage solution with a modern and scaleable private cloud storage solution.

12. Many of the efficiencies which have been gained by adopting the initiatives and approaches in 2012/13 have flow-on effects for subsequent years. The current approximate figures for 2013/14 are $160,700 for cost avoidance and direct cost savings of $511,000, totaling $671,700 overall cost savings.

Community Engagement

13. The Compliance Team of Community Engagement now accesses the contract conditions and pricing for disposal of abandoned vehicles. Where vehicles were formerly stored at Council’s Depot, they are now towed to an established auction house with appropriate secure storage facilities and stored at no extra charge. The auction house removes all personal belongings from the vehicle prior to disposal and these can be safely returned to the previous owner of the vehicle if the person is identified. A commission charge is payable for auction and a nominal fee is payable by the owner if the vehicle is returned. Moving to this arrangement ensures that Council is readily able to demonstrate compliance with legislation and guidelines dealing with the storage and disposal of abandoned vehicles.

Asset Services

14. Introduction of the 3 Bin system and continued associated education programs conducted by the Council Administration is projected to achieve a 30% increase in waste diverted from landfill, which will help alleviate spiraling waste management costs in the longer term. During 2012/13, the savings of diverting waste from landfill over the previous year was $36,233, however much of this saving was used for administering the bin roll-out.

Strategic Planning

15. Through the realignment of Strategic Planning into the new Corporate Services division an innovative approach to several long standing challenges was undertaken. Budget planning, risk management and strategic plan reporting were integrated into a single application dubbed the Burnside Business Central which was completely developed through Council’s in-house IT professionals. By removing the former legacy system, Council saves approximately $20,000 per annum in software maintenance. The additional value-add is the custom reporting and information which provides the Elected Members and community at large with greater insight into the business planning process.

Strategic Projects

16. The creation of the Strategic Projects Officer position within the Office of the CEO has provided the necessary capacity to focus on big ticket strategic projects such as the Swimming Centre Upgrade and the Glenunga Hub projects. Besides mitigating financial, community and governance risks to these projects, this initiative has provided value adds, project savings and successful grant applications such as securing $450,000 for the Glenunga Hub project.

27


Customer Request System

17. One of the major focus areas for the CEO is to provide a high level of customer service to the community. To that effect, the CEO has placed the Customer Request Management (CRM) System as one of Council’s highest priorities for the new Corporate Services division in terms of meeting the technology and service outcomes in Be the Future of Burnside 2012, Our Community Plan 2012-2025. The development and implementation of the CRM using Council’s in-house IT professionals over the past eight months have provided a tangible cost avoidance of approximately $100,000 in software purchasing charges in addition to the savings detailed below.

17.1 The cost avoidance of approximately $40,000 in temporary staff wages were saved through the pilot implementation of the CRM to meet the CEO’s goal of providing an efficient roll-out of the new refuse bin system. A single staff member performed the role of at least two as most tasks such as records management, request tracking, letter writing and issue resolution became automated through the innovative CRM system. The load on Council’s Call Centre was also significantly reduced as the Customer Service Team was efficiently able to provide information sourced from the CRM. The Customer Service Team report that they could not have handled the volume of calls with their current staffing levels as an additional 1,700 calls were received and streamlined on day one of the bin roll-out alone. Completing this project in-house saved an estimated $36,000 in consultancy costs.

17.2 Implementing the CRM for Council’s Urban Services Division required a complete review of Depot Operations processes, work practices and workflows. All of the required business analysis, project management, technical implementation, training and reporting were all completed in-house avoiding estimated consultancy charges of approximately $50,000. The resulting ongoing efficiencies for Urban Services staff include:

17.2.1 50% efficiency in removing double handling via automated integration of the CRM to Council’s Electronic Document Records Management System;

17.2.2 Request entry time reduced from an average of 5 minutes to 90 seconds per request (six hours saved in the first two days of the CRM going live);

17.2.3 Elimination of archaic, redundant business processes resulting in further non-tangible time savings;

17.2.4 Reference Numbers available to customers allowing for greater customer service efficiency and transparency in responding to job status related questions; and

17.2.5 Service level reporting providing insights into creating long term operational savings while making key performance improvements.

Internal Auditor – Business Service Review

18. Following the main adjustments to the organisational structure, a business review was initiated to determine how Council Administration could function more efficiently as well as determine if there were further savings to be made. The first area to be reviewed was the Library, Learning and Volunteers Department. As a result of the review, the following savings have been identified:

18.1 The budget for the Library capital spend for 2012/13 was $426,500, however with just over one month remaining the actual spend is $269,100 as recommendations are implemented in changing procurement methods and suppliers. The estimated

28


saving for 2012/13 would be approximately $130,000. Additionally, the 2013/14 capital contribution is $123,065 further reducing the expenditure.

18.2 An estimated $15,600 per annum will be saved through the employment of two new trainees who gain valuable work experience working for the City of Burnside while reducing the weekend rostering dependencies previously filled by higher level staff.

18.3 A reduction in the full time equivalent (FTE) count in the Library will eventuate to savings over time and redeployments to fill staff resource shortages elsewhere in the Council.

Employment Costs

19. For the five years proceeding 2011/12, the Enterprise Agreement for Staff pay increases was a 4% increase per year. In 2011/12, the Enterprise Agreement was finalised with the following increases.

Level % increase

Staff 3%

Managers 2.5%

General Managers

2%

20. In 2012/13, the Employment costs totaled $13,428,000. A 1% reduction in employee costs equates to over $130,000.

21. The full time equivalent (FTE) headcount has not increased since the report to Council on 22 November 2011 with the subject “Review of Organisation Structure”.

22. Any staff vacancies that occur are now not automatically replaced but are evaluated to determine where the FTE count is best suited to allocate to achieve the greatest efficiencies. If

Additional Efficiencies

23. Additional efficiencies have been achieved by the changing of internal protocols including the centralisation of catering and stationery costs and the approval process for training and conferences and engagement of lawyers, consultants and contractors.

Conclusion

24. Notwithstanding the cost avoidance, indirect savings and efficiency gains listed above, the direct cost savings listed provides a saving of approximately $884,200 in 2012/13 consisting of the estimated $734,200 in procurement related savings, $130,000 in Library savings and $20,000 in software maintenance savings.

25. Comparing the $884,200 figure to the adopted 2012/13 Annual Business Plan and Budget operating expenditure of $38,284,265, the resulting operating efficiency gain is 2.3% exceeding the intended 2% operational efficiency target on direct savings alone.

26. It is important to note that savings are applied where necessary against negative financial pressures during quarterly budget review periods such as utility charges

29


exceeding initial forecasts, increased operating expenses by subsidiaries, or Council resolutions requiring unbudgeted expenditure.

30

Council Meeting Agenda 14.3 11 June 2013 Item No: 14.3 To: Council Date: 11 June 2013 Author: Paul Deb – Chief Executive Officer Contact: 8366 4201 Subject: BURNSIDE RETIREMENT SERVICES INC – REVIEW OF

CONSTITUTION Attachments: A. Council Report 28 May 2013 (including draft amended

Burnside Retirement Services Incorporated Rules – Version 1, 26 March 2013 and draft amended Burnside Retirement Services Incorporated Rules – Version 2, 28 May 2013)

B. Draft amended Burnside Retirement Services Incorporated Rules – Version 4, 11 June 2013

Prev. Resolution: F1659, 18/11/08 C7661, 17/11/09 C7769, 27/1/10 C8059, 14/12/10 C9100, 26/3/13 C9114, 9/4/13 C9184, 28/5/13

Officers Recommendation

1. That the Report be received

2. That Version 4 of the altered Burnside Retirement Services Incorporated Rules, dated 11 June 2013 be adopted by Council as the sole member of the Association.

3. That in accordance with Section 24 of the Associations Incorporation Act, 1985, the Council resolution adopting the revised Burnside Retirement Services Incorporated Rules be officially recorded in the records of the Association and the record be signed by the Association’s Public Officer.

4. That the alteration of the Rules be registered with the Office of Consumer and Business Affairs within one month of the date of the Council resolution.

Purpose

1. To provide Council with a revised draft Burnside Retirement Services Incorporated (BRSI) Rules (the Rules) for consideration and adoption.

Strategic Plan


“A vibrant and diverse community that has a strong sense of belonging”

“A range of housing that meets the varying needs of the community”

31

Council Meeting Agenda 14.3 11 June 2013

“Fit for purpose and cost effective infrastructure that meets community needs”

“A range of businesses and organisations that increase vitality and wealth in the City”


“Leading best practice and compliance in Council business”


3. The Board of the BRSI was informed of Council’s resolutions of 26 March 2013 and 9 April 2013.

Statutory


Associations Incorporation Act, 1985

Risk Assessment

5. The Board of the BRSI is required to function in accordance with its Constitution and the Associations Incorporation Act, 1985. Given that the BRSI Constitution has not been updated since 2003 and that the Associations Incorporation Act, 1985 has been amended since 2003, it is good risk management for Council, as the sole member of the Association, to periodically review the Constitution to ensure that the Constitution is aligned to contemporary governance standards.

Finance

6. There are no financial issues associated with the recommendation.

Discussion

7. The background to this matter is contained in the Council report dated 28 May 2013 (refer Attachment A). At this meeting, Council resolved (C9184):

1. That the Report be received.

2. That the following amendments be made to Version 2 of the altered Burnside Retirement Services Incorporated Rules, dated 28 May 2013:

2.1 Council elected Board members are only paid for meetings they attend. In that the allocated normal fee for each normal meeting missed for that year will be deducted from the member's yearly allowance.

2.2 Council and Independent Board Members term be reduced to two years with new Council and Independent Board Member appointments held every two years.

32

Council Meeting Agenda 14.3 11 June 2013

2.3 That the Board Chairperson may be any member of the Board and be selected by the Council on merit.

3. That a final version of Version 2 of the altered Burnside Retirement Services Incorporated Rules, dated 28 May 2013, incorporating the changes referred to in part 2 of the resolution, be presented to Council at the 11 June 2013 meeting for consideration.

8. The draft Rules has been revised to include those aspects required by Council resolution C9184 and is presented to Council for adoption.

33

Item No: 14.2To: Council Date: 28 May 2013 Author: Paul Deb – Chief Executive Officer Contact: 8366 4201 Subject: BURNSIDE RETIREMENT SERVICES INC – REVIEW OF

CONSTITUTION Attachments: A. Council Report 26 March 2013 (including draft amended

Burnside Retirement Services Incorporated Rules – Version 1, 26 March 2013)

B. Correspondence from the Board of the Burnside Retirement Services Incorporated, 18 May 2013

C. Draft amended Burnside Retirement Services Incorporated Rules – Version 2, 28 May 2013

Prev. Resolution: F1659, 18/11/08 C7661, 17/11/09 C7769, 27/1/10 C8059, 14/12/10 C9100, 26/3/13 C9114, 9/4/13



2. That Version … of the altered Burnside Retirement Services Incorporated Rules, dated ………….., be adopted by Council as the sole member of the Association.



Purpose

1. To provide Council with a revised Burnside Retirement Services Incorporated (BRSI) Rules (the Rules) for consideration and adoption, including a version of the Rules presented by the Board of the BRSI.

Strategic Plan




34

biskup

Attachment A






3. The Board of the BRSI was informed of Council’s resolutions of 26 March 2013 and 9 April 2013.

Statutory



Risk Assessment

5. The Board of the BRSI is required to function in accordance with its Constitution and the Associations Incorporation Act, 1985. Given that the BRSI Constitution has not been updated since 2003 and that the Associations Incorporation Act, 1985 has been amended since 2003, it is good risk management for Council, as the sole member of the Association, to periodically review the Constitution to ensure that the Constitution is aligned to contemporary governance standards.

Finance

6. There are no financial issues associated with the recommendation.

Discussion

Background

7. The background to this matter is contained in the Council report dated 26 March 2013 (refer Attachment A). At this meeting, Council resolved (C9100):

1. That the report be received.

2. That, on the recommendation of the Board of Burnside Retirement Services Inc (‘BRSI’) made 6 November 2102, Council appoints the following persons to the Board of BRSI (in alphabetical order):

2.1 Mr John Attwood

2.2 Hon John Darley, MLC

2.3 Ms Jenny Low

35

in accordance with clause 6 of the Constitution of BRSI.

3. That the appointees be thanked for their past contribution and informed of the appointments affected by this resolution.

4. That this matter be otherwise adjourned for further consideration at the first meeting of Council in July 2013.

5. That the Board of BRSI be informed of this resolution by the CEO and invited to make such comments as it may see fit in relation to the matter.

8. At the Council meeting on 9 April 2013, Council resolved (C9114):

1. That paragraphs 2, 3 and 4 of Resolution C9100 (including subparagraphs) are revoked.

2. That the Hon. John Darley MLC, Mr John Attwood and Ms Jenny Low be thanked for their past contribution to Burnside Retirement Services Inc.

3. That this matter be otherwise adjourned for further consideration by Council at its meeting on 28 May 2013.

4. That the Board of BRSI be informed of this resolution by the CEO and that the amended adjourned date be brought to its attention.

9. The Board of BRSI was informed of the above Council resolutions.

Analysis

10. Council received an email from Cr Mark Osterstock on 18 May 2013 advising that the Board of Management for BRSI met on 16 May 2013 to consider the proposed Draft BRSI Rules and that as a result of the Board’s deliberations, several changes to the Draft BRSI Rules were recommended for Council’s consideration (refer Attachment B). In addition to the recommended changes, the Board also had several queries.

11. In the correspondence, Council was advised of the following recommended changes:

11.1. Increasing the composition of the Board to six (6) – three (3) Council Board Members and three (3) Independent Board Members.

11.2. Limiting the term that any Independent Board Member may serve on the Board to a maximum of eight (8) years (i.e. two, four year terms).

11.3. Board Members shall be paid such allowance or sitting fee per meeting as determined by majority resolution of the Board.

11.4. Canvassing for candidates as Independent Board Members, that the entire process (including yet not limited to, selection and recommendation) is vested with the Council, with the Council consulting with the Board prior to appointment.

11.5. Retiring Independent Board Members being required to re-apply (make application) for appointment to the Board (i.e. retiring members are subjected to exactly the same application process as for prospective new applicants for vacant positions).

36

11.6. That the Board’s Chairperson (Presiding Member) must be appointed from among the Council Board Members.

11.7. That the Board’s Chairperson will have both a deliberative vote and a casting vote.

11.8. A quorum (3) for a Board meeting must include at least one (1) Council Board Member.

12. The Board’s suggested amendments to the Rules were provided to Council’s solicitors who made all of the suggested changes and to ensure that no one particular change had an unintended change / consequence on any other part of the document (refer Attachment C).

13. In response to the questions posed by the Board, the Administration offers the following responses:

14.1 Residents means those persons of the age of 55 years and over who lease [Query lease or licence – residents of Pineview enter into a licence for their respective units. Does this terminology matter?] the Accommodation from the Association.

Response: The definition was amended to read as follows:

Residents means those persons of the age of 55 years and over who enter into a licence or similar agreement in respect of the Accommodation.

14.2 …to engage in public benevolent activities [Query – evidently, BRSI is not a benevolent organization according to the ATO. Does this, assuming this is so, impact on this rule?] by the provision of maintenance and management of the accommodation on such special terms and conditions as the Board may from time to time determine to persons whom the Board considers to be in necessitous circumstances with preference to be given to such residents of the City of Burnside as the Board may from time to time determine.

Response: The activities may be benevolent yet not meet the ATO requirements.

14.3 Subject to clause 16.2, at any time the Council may appoint a natural person [Query – what does this mean?] as a Board Member whether to fill a casual vacancy or as an addition to the Board.

Response: The only appointment the Council can make is of natural persons, i.e. not corporate persons.

14.4 EXECUTIVE OFFICER [Query – is this effectively Sue Shuttleworth?, or is an appointment that the Board may make if it so desires ]

Response: The Executive Officer at this time is Sue Shuttleworth. The Board may appoint an Executive Officer (who must not be a Board Member) with such powers and duties and for such remuneration (if any) as may be agreed between the Association and the Executive Officer at any time. The Executive Officer has the functions and powers vested in them by the Board and, unless the Board resolves otherwise, has the day-to-day executive management of

37

the affairs of the Association subject to such directions as the Board may give to the Executive Officer.

14.5 FRIENDS OF THE ASSOCIATION [Query - what is meant by a Friend of the Association? What is the intent of this Rule?]

Response: Subject to the nature of the appointment, a Friend of the Association is generally a person who is not a Board member, appointed to assist the Board. Given that there is duplication between the intent of ‘Friend’ and ‘Advisor’, the ‘Friend’ clause has been deleted.

14. Council now has two versions of the draft revised Rules of the BRSI – those presented to Council by the Administration on 26 March 2013 (refer Attachment A – Version 1, 26/3/13) and those prepared by the Administration following receipt of the submission from the Board of BRSI on 18 May 2013 (refer Attachment C – Version 2, 28/5/13).

15. The Administration has no issue with the changes recommended by the BRSI Board.

16. Notwithstanding, Council must now decide which version of the draft amened Rules it wishes to adopt or alternatively, whether it wishes to make further amendments to the draft amended Rules.

17. Council will consider the issue of the recruitment of the Independent Members to the Board of the BRSI in a separate report in this Agenda.

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Item No: 14.1To: Council Date: 26 March 2013 Author: Paul Deb – Chief Executive Officer Contact: 8366 4201 Subject: BURNSIDE RETIREMENT SERVICES INC – REVIEW OF

CONSTITUTION, RECRUITMENT OF INDEPENDENT BOARD MEMBERS AND ESTABLISHMENT OF A BURNSIDE RETIREMENT SERVICES INCORPORATED INDEPENDENT BOARD MEMBER SELECTION PANEL

Attachments: A. Finance and Administration Committee Report and Minutes, 18 November 2008

B. Council Report and Minutes, 27 January 2010 C. Letter from Pineview Village, 7 November 2012 D. Draft revised Burnside Retirement Services Incorporated Rules E. Current Burnside Retirement Services Incorporated

Constitution F. Summary of changes between 2003 Burnside Retirement

Services Incorporated Constitution and draft revised 2013 Burnside Retirement Services Incorporated Rules

G. Process For Determining Indicative Vote for Burnside Retirement Services Incorporated Independent Board Member Selection Panel

Prev. Resolution: F1659, 18/11/08 C7661, 17/11/09 C7769, 27/1/10 C8059, 14/12/10



2. That the altered Burnside Retirement Services Incorporated Rules be adopted by Council as the sole member of the Association.



5. That Council calls for applications from interested persons with experience and/or qualifications in finance, law, management/business administration and aged care services to be Independent Board Members on the Burnside Retirement Services Incorporated Board.

6. That a Burnside Retirement Services Incorporated Independent Board Member Selection Panel be established and that it consist of three Elected Members appointed by Council, the Chief Executive Officer and the General Manager, Corporate Services and be tasked with short-listing the applications received, conducting interviews and

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biskup

Attachment A

making recommendations to Council for the positions of Independent Board Members on the Burnside Retirement Services Incorporated Board.

7. That Council undertakes a secret ballot process, as identified in Attachment G of this Report, to determine the three Elected Members to be appointed to the Burnside Retirement Services Incorporated Independent Board Member Selection Panel.

8. That Cr. ........... , Cr……..... and Cr. .......... be appointed to the Burnside Retirement Services Incorporated Independent Board Member Selection Panel.

9. That a report be presented to Council by the Burnside Retirement Services Incorporated Independent Board Member Selection Panel (through the Administration) as soon as practicable following the interviews, with recommendations for the positions of Independent Board Members.

10. That the Burnside Retirement Services Incorporated Independent Board Member Selection Panel will cease to exist once both Independent Board Members are appointed to the Burnside Retirement Services Incorporated Board.

11. That Council formally thank the Hon. John Darley MLC, John Attwood and Jenny Low for their previous contribution to the Burnside Retirement Services Incorporated Board and that they be invited to reapply for the Independent Board Member Positions.

Purpose

1. To provide Council with a revised Burnside Retirement Services Incorporated (BRSI) Rules (the Rules) for consideration and adoption.

2. To seek Council’s approval to commence the recruitment process to appoint two Independent Board Members to the BRSI Board, in accordance with the revised Rules of the BRSI.

3. To establish the BRSI Independent Board Member Selection Panel, tasked with short-listing the applications received, conducting interviews and making recommendations to Council for the positions of Independent Board Members to the BRSI.

Strategic Plan








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5. The call for applications from interested persons for the positions of Independent Board Members of the BRSI will be undertaken by way of a Notice in The Advertiser, the Eastern Courier and Council’s website.

Statutory



Risk Assessment

7. The following risk has been identified:

7.1 The BRSI Board is required to function in accordance with its Constitution and the Associations Incorporation Act, 1985. Given that the BRSI Constitution has not been updated since 2003 and that the Associations Incorporation Act, 1985 has been amended since 2003, it is good risk management for Council, as the sole member of the Association, to periodically review the Constitution to ensure that the Constitution is aligned to contemporary governance standards.

Finance

8. There are minor costs associated with the recruitment process.

9. As part of the Council’s due diligence process, the Administration will engage an agent to undertake a full legislative and financial compliance audit on the operations of Pineview Village, not only as a matter of best practice but also as a matter of prudent business management and to ensure that the interests of Council as the sole member of the Association are protected.

10. The audit will also assist the Council to make decisions in accordance with the Association’s objectives, as to the best use of accumulated resources available and expected financial forecasts and future management.

Discussion

History

11. BRSI (trading as ‘Pineview Village’) is an incorporated body under the Associations Incorporations Act, 1985 and provides retirement accommodation. It is not a Section 42 subsidiary under the Local Government Act, 1999.

12. The City of Burnside (the Council) is the sole member of the incorporated body. The ‘Association’ is managed and controlled by the Board (constitution clause 5(a)) and Board members have a fiduciary duty to the incorporated body.

13. The Association was created in 1990 for the purposes of providing, maintaining and managing residential, hostel and nursing home accommodation at 3 Conyngham Street, Glenside for those persons of the age of 55 years and over and to engage in public benevolent activities by the provision, maintenance and management of the accommodation to persons whom the Board of management consider to be in necessitous circumstances.

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14. The current BRSI Constitution provides that three Council Appointed Members (Elected Members) sit on the Board, in addition to up to three Council Selected Members (Independent Members) whose appointment must be approved by Council. Council Selected Board members are appointed for a three year term. Council Appointed Board members are appointed, as practice, for the term of their office (four years).

15. At the Council meeting on 14 December 2010, Council resolved to appoint the Council Appointed members (C8059):

That Councillor Wilkins, Osterstock and Monceaux be appointed as the Council representatives on the Board of Burnside Retirement Services Inc.

16. The term of the Council Appointed members is set to expire in November 2014.

17. At the Council meeting on 17 November 2009, Council resolved to appoint the Council Appointed members (C7661):

That Council accept the recommendation of the Burnside Retirement Services Board to appoint Mr John Darley, Mr John Attwood, and Ms Jenny Low to the Board for a further three year term.

18. The three year term of the ‘Council Selected’ members expired on 17 November 2012.

Background

19. A report was presented to the Finance and Administration Committee of Council on 18 November 2008 (refer Attachment A) advising Council that there were “some anomalies and omissions in the Constitution which need to be corrected. Preliminary legal advice was sought and confirmed the initial points raised, as well as identifying other matters for consideration and amendment.”

20. The report sought the Committee (and Council’s) endorsement to proceed with expenditure for legal fees for review and amendment of the Constitution for BRSI and associated legal advice.

21. The Finance and Administration Committee resolved (F1659):

That the report be received. That Council endorse the expenditure of funds to redraft the Constitution of Burnside Retirement Services Incorporated and associated legal advice.

22. The CEO at that time subsequently wrote to the BRSI Board and provided it with a copy of the legal advice and draft constitution. The Board responded that it did not see a need to act on the advice.

23. A report was presented to Council on 27 January 2010 (refer Attachment B) advising Council of the “need to review the constitution of the Burnside Retirement Services Inc (BRSI)” and that “As an incorporated body, BRSI must comply with the Associations Incorporation Act (the Act). In the terms of the Act, BRSI is a ‘prescribed association’ and needs to review its constitution as it has become outdated.”

24. The Council subsequently resolved (C7769):

That the report be received.

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25. As a result of the Council resolution, no further action was taken by the Administration in respect of the review of the BRSI Constitution.

26. Council received correspondence from the Pineview Village Manager on 7 November 2012 regarding Council’s endorsement of the purported appointment of three Council Selected Members to the BRSI (refer Attachment C), being the Hon. John Darley MLC, Jenny Low and John Attwood.

27. After receiving the correspondence from the Pineview Village Manager, and as an exercise in due diligence, the Administration reviewed the process undertaken by the Board to advertise, interview and purportedly appoint the Council Selected Members, as the process was not clear.

28. Prior to presenting the Board’s request to appoint the three Council Selected Members to Council for adoption, the Administration undertook a brief investigation into the history of the of the BRSI Constitution (including previous Council consideration of such) and sought legal advice as to both the current state of the BRSI Constitution and Council’s ability, as the sole member of the incorporated body, to unilaterally amend the Constitution.

29. The Administration was advised that in the circumstances (i.e. that the Board is not of full membership) and in terms of due diligence, it was necessary to review the Constitution to ensure compliance with the Associations Incorporation Act, 1985, which has been amended on a number of occasions since 2003. It was also necessary to ensure that the Constitution properly reflected the status of the Association as a 'prescribed association' under the Act.

Analysis

30. The current Constitution of the BRSI is dated February 2003 and has not been updated since that time.

31. Given that the BRSI Constitution had not been updated for almost 10 years, and as a due diligence exercise to ensure that the Constitution was up to contemporary governance standards, the Administration considered it appropriate that the current Constitution be reviewed and if necessary, amended and presented to Council for consideration.

32. As a result, Kelledy Jones Lawyers was requested to review the document.

33. Kelledy Jones has reviewed the February 2003 BRSI Constitution and has substantially revised the document. The revised document (refer Attachment D) is a suitable replacement and significant improvement for the existing, dated, Constitution (refer Attachment E) for BRSI.

34. A summary of the recommended changes to the Constitution is contained in Attachment F. The following is a brief summary of the key recommended changes to the Constitution:

31.1 Changes to the Composition of the Board – an appropriate governance model is that the Board be comprised of five (5) members upon the following basis:

31.1.1 Three (3) members will be Council Board Members chosen by Council from its Elected Members;

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31.1.2 Two (2) members will be Independent Board Members chosen by the Council from applicants;

31.1.3 The term for the Council Board Members to be four (4) years – expiring one (1) month after the date of a Council periodic elections;

31.1.4 The term for the Independent Board Members to also be four (4) years, however in the first instance the inaugural terms will be two (2) years for one Council Selected member and three (3) years for the second Council Selected member. Thereafter, both will serve four (4) year years. This will allow for continuity as well as greater flexibility for the Board as the Council Selected members will not retire in the same year; and

31.1.5 The Board must appoint a Chair from among the Board Members appointed as Council Board Members to preside at its meetings.

31.2 Annual General Meetings – The Association is required to hold annual general meetings because it is a prescribed association. However, as the Council is the only member, this is quite artificial. The Commissioner is empowered to grant an exemption from this requirement if the Association makes written application. However, as an alternative, a provision has been made in the Rules to include an Annual General Meeting which can be incorporated into/after a Council Meeting. The purpose of this is that, as a prescribed association, financial and audit reports are required to be presented at the annual general meeting. Rather than remove the requirement for these important reports, they can be prepared by the Board and presented to the Annual General Meeting/Council Meeting. This is a ‘safety net’ for the Council regarding the financial operations of the Association.

31.3 Formal Qualifications – It has been recommended that Council decide on formal qualifications or attributes that are required for the Independent Member positions.

35. To alter a constitution, it is necessary to secure member support by means of a ‘special resolution’. In this instance, the Constitution can be easily altered due to the fact that the Council is the only member. The process is for the Council (in its capacity as a member of the Association) to record a resolution that the new, altered, Rules are to be adopted. In accord with Section 24 of the Associations Incorporation Act, 1985, the resolution must be officially recorded in the records of the Association and the record signed by the Public Officer. The alteration of the Rules is then to be registered with the Office of Consumer and Business Affairs on a Form 6 and 7 which includes a statutory declaration to be signed by the Public Officer (the change in Rules must be registered within one month of the resolution being passed).

36. As the Council is the only member, the decision that formulates the resolution to change the Rules will have to be decided at a Council meeting.

Council Board Members

37. As mentioned previously, Councillor Wilkins, Osterstock and Monceaux have been appointed by Council as the Council representatives on the Board of BRSI. Their term as Council Board Members is set to expire in November 2014.

38. The Council Board Member positions on the BRSI Board is a transitional matter for the Council. While it is usual for Council Board Members to continue in their roles

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notwithstanding an alteration to the Rules, there is nothing to prevent Council from reviewing these positions (by way of Notice of Motion) at any time.

39. To this end, unless otherwise resolved by Council, the existing Council Board Members will continue their membership to the BRSI Board until November 2014.

Qualifications for Independent Board Members

40. Prior to the recruitment of Independent Board Members, and in line with the draft Rules, Council should establish that the BRSI is a skills based board and determine the required qualifications and skills of the Independent Board Members.

41. It is recommended that Council seek applications for the positions of Independent Board Members to the BRSI Board from people with requisite skill sets (in the following order) in finance, law, management/business administration and aged care industry.

42. Given that the affairs of the Association should be undertaken in as efficient a manner as possible, appointing Board members (whether Council Board Members or Independent Board Members) with appropriate skills will ensure that this occurs.

Former Council Selected Board Members

43. As discussed earlier in this Report, Council previously resolved to appoint the Hon. John Darley MLC, John Attwood and Jenny Low as the Council Selected members. The three year term of the ‘Council Selected’ members expired on 17 November 2012.

44. It is recommended that Council formally thank the Hon. John Darley MLC, John Attwood and Jenny Low for their previous contribution to the BRSI Board and that they be invited to reapply for the Independent Board Member Positions.

Process for Recruitment of Independent Board Members

45. It is recommended that Council calls for applications from interested persons for the positions of Independent Board Members of the BRSI, with Council making selections based on merit.

46. The public notice seeking applications will require interested persons to provide a Resume and covering letter setting out relevant experience, qualifications, referees and reasons for their application.

47. It is proposed that a BRSI Independent Board Member Selection Panel (‘the Selection Panel’) comprising three Elected Members, the Chief Executive Officer and the General Manager, Corporate Services be created to short list the applications for an interview. The Selection Panel will then interview applicants selected on the shortlist.

48. The Selection Panel, through the Administration, will present a Report to Council as soon as practicable after the interview process with recommendations in relation to the appointment of the Independent Board Members. Copies of all resumes received will also be made available to Elected Members under confidential cover.

Appointment of Elected Members to the Selection Panel

49. In order to formulate a motion with three names, any Elected Member can move a motion that three individual Elected Members (subject to their consent) be the three

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Elected Member representatives on the Selection Panel or the Council can determine an indicative vote through the use of a secret ballot following the method based on Council’s ‘Code of Practice for Meeting Procedures.

50. The process of determining the indicative vote through the use of a secret ballot is an informal process hence the provisions of the Local Government Act, 1999 which limit the Mayor’s ability to vote are not relevant. The Mayor will therefore be able to partake in the informal process.

51. The process is also essentially the model and approach that the LGA recommends in its guidelines for appointing a Chairman or a deputy principal member or chairs of committees.

52. The process for formulating the indicative vote to create a motion to vote on is provided in Attachment G.

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47

Biskup

Attachment A

50

Biskup

Attachment B

59

Biskup

Attachment C

60

Biskup

Attachment D

89

Biskup

Attachment F

93

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Attachment G

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Attachment B

DRAFT No. 3

THE BURNSIDE RETIREMENT

SERVICES INCORPORATED

RULES

Lodged by

Kelledy Jones Lawyers Level 6/19 Gillies Street Adelaide SA 5000

Telephone: 08 8113 7100

Lodged with the Commission on

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Contents

1. NAME................................................................................................................................................ 4

2. PRESCRIBED ASSOCIATION ..................................................................................................... 4

3. DEFINITIONS .................................................................................................................................. 4

4. INTERPRETATION ........................................................................................................................ 5

5. THE ACT .......................................................................................................................................... 5

6. PERSONS BOUND ........................................................................................................................ 5

7. OBJECTS ......................................................................................................................................... 5

8. POWERS ......................................................................................................................................... 6

9. NOT FOR PROFIT ......................................................................................................................... 7

10. WINDING UP ................................................................................................................................... 7

11. MEMBER.......................................................................................................................................... 7

12. BOARD ............................................................................................................................................. 7

13. BOARD FUNCTIONS .................................................................................................................... 7

14. BOARD POWERS .......................................................................................................................... 7

15. THE BOARD MAY DELEGATE ................................................................................................... 8

16. BOARD COMPOSITION ............................................................................................................... 8

17. ABOUT COUNCIL BOARD MEMBERS ..................................................................................... 8

18. ABOUT INDEPENDENT BOARD MEMBERS ........................................................................... 8

19. BOARD REMUNERATION ........................................................................................................... 9

20. OTHER PROVISIONS ................................................................................................................. 10

20.1. Appointments to fill casual vacancies.......................................................................... 10

20.2. Vacation of office ............................................................................................................ 10

20.3. Canvassing for candidates as Board Members ......................................................... 10

20.4. Candidates for Board Members ................................................................................... 11

21. ALTERNATES ............................................................................................................................... 11

22. MEETINGS OF THE BOARD ..................................................................................................... 11

22.1. Board meetings ............................................................................................................... 11

22.2. Chair and deputy chair of meetings ............................................................................. 11

22.3. Quorum for meetings ..................................................................................................... 12

22.4. Disclosure of interests.................................................................................................... 12

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22.5. Voting at meetings .......................................................................................................... 12

22.6. Minutes of meetings ....................................................................................................... 12

22.7. Irregularities do not invalidate a meeting .................................................................... 13

22.8. Circulating resolutions.................................................................................................... 13

22.9. Telephone meetings ....................................................................................................... 13

23. ANNUAL GENERAL MEETING ................................................................................................. 14

24. PUBLIC OFFICER ........................................................................................................................ 14

25. EXECUTIVE OFFICER ................................................................................................................ 14

26. TREASURER ................................................................................................................................ 15

27. AUDITOR ....................................................................................................................................... 15

28. SECRETARY ................................................................................................................................. 16

29. DUTIES OF OFFICERS .............................................................................................................. 16

30. INDEMNITY ................................................................................................................................... 16

31. EFFECTIVENESS OF ACTS OF OFFICERS .......................................................................... 17

32. ADVISORS .................................................................................................................................... 17

33. FRIENDS OF THE ASSOCIATION ........................................................................................... 18

34. STATUS ......................................................................................................................................... 18

35. STRATEGIC MANAGEMENT PLAN ......................................................................................... 18

36. BUDGET ........................................................................................................................................ 18

37. POLICIES ....................................................................................................................................... 19

38. PERIODIC RETURN .................................................................................................................... 19

39. ACCOUNTING RECORDS ......................................................................................................... 19

40. ACCOUNTS ................................................................................................................................... 19

41. ALTERATIONS OF THE RULES ............................................................................................... 19

42. THE SEAL ...................................................................................................................................... 19

43. DISPUTE RESOLUTION ............................................................................................................. 20

44. CIRCUMSTANCES NOT PROVIDED FOR ............................................................................. 20

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ASSOCIATIONS INCORPORATION ACT 1985

Rules

of

THE BURNSIDE RETIREMENT SERVICES INCORPORATED

PART 1 - INTRODUCTION

1. NAME

The name of the Association is the “Burnside Retirement Services Incorporated”.

2. PRESCRIBED ASSOCIATION

The Association is a prescribed association as defined in section 3 of the Act.

3. DEFINITIONS

In these Rules:

Accommodation includes the residential accommodation provided by the Association at 3 Conyingham Street, Glenside SA and any other sites that the Association may provide.

Act means the Associations Incorporation Act 1985 and includes any regulations made under that statute.

Association means Burnside Retirement Services Incorporated.

Board means the committee of management of the Association within the meaning of section 29(1) of the Act and now established under clause 11.

Board Member means at any time a member of the Board holding office as such.

Council means the City of Burnside, a council constituted under the Local Government Act 1999 or any successor local government body for the same or substantially the same area.

Public Officer means at any time a person appointed by the Board to be the Public Officer of the Association.

Residents means those persons of the age of 55 years and over who lease [Query lease or licence – residents of Pineview enter into a licence for their respective units. Does this terminology matter?] the Accommodation from the Association.

Secretary means at any time a person appointed by the Board to be Secretary of the Association, or if no such person is then in office, the person who is the Public Officer at that time.

Treasurer means at any time a person appointed by the Board to be Treasurer of the Association, or if no such person is then in office, the person who is the Public Officer at the time.

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Subject to the above, words and expressions in these Rules have the same meaning as in the provision of the Act that deals with the same matter.

4. INTERPRETATION

In these Rules, unless the contrary intention appears: the singular includes the plural and vice versa: a reference to one gender includes both genders; a reference to a person includes a body corporate.

5. THE ACT

Despite any other provision in these Rules:

5.1. if the Act prohibits a thing being done, the thing may not be done;

5.2. if the Act requires a thing to be done, authority is given for that thing to be done;

5.3. if a provision of these Rules is or becomes inconsistent with the Act, that provision must be read down or failing that severed from these Rules to the extent of the inconsistency.

6. PERSONS BOUND

6.1. These Rules bind the Association, the Council and each of the Board Members.

6.2. A Board Member of the Association is taken to agree to be bound by these rules upon their appointment to office.

PART 2 – THE ASSOCIATION

7. OBJECTS

The Objects of the Association are:

7.1. to serve the community through providing, maintaining and managing the Accommodation for the Residents in accordance with these Rules and any directions of the Council;

7.2. to provide, maintain and manage residential Aaccommodation and such other sites as the Association may from time to time determine (hereinafter called “the Accommodation”) for those persons of the age of 55 years and over whom the Board consider qualify for entry into the facilities of the Association;

7.3. to engage in public benevolent activities [Query – evidently, BRSI is not a benevolent organization according to the ATO. Does this, assuming this is so, impact on this rule?] by the provision of maintenance and management of the accommodation on such special terms and conditions as the Board may from time to time determine to persons whom the Board considers to be in necessitous circumstances with preference to be given to such residents of the City of Burnside as the Board may from time to time determine.

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8. POWERS

For the purposes of carrying outs its Objectives, the Association has the powers conferred by Section 25 of the Act and, in addition, the powers to:

8.1. accept grants of money and gifts of money or property, from any person;

8.2. apply for any financial assistance from any level of government and comply with any conditions attaching to such assistance;

8.3. raise and borrow money, with or without security over all or any assets of the Association;

8.4. delegate the management of any assets to a service provider upon such terms and for such remuneration as may be agreed;

8.5. raise money by the awarding of status as Friend of the Association in such classes as the Board may determine;

8.6. confer and cooperate with and / or become affiliated with, or a member of, any other not-for-profit body having objects the same as or similar to those of the Association;

8.7. delegate to an officer of the Association:

8.7.1. the receipt and holding of money and other personal property on behalf of the Association;

8.7.2. payment of money on behalf of the Association;

8.7.3. maintaining and keeping of financial and other records on behalf of the Association;

8.7.4. the preparation of statements of accounts;

8.7.5. the collection of money due to the Association

8.7.6. issuing and signing notices on behalf of the Association;

8.7.7. preparing minutes of the Association; and / or

8.7.8. providing information as required by any law on behalf of the Association.

8.8. make any donation or contribution to any other charitable not-for-profit association;

8.9. purchase, lease, erect, demolish, maintain, and / or otherwise dispose of any interest in real or personal property that the Association has;

8.10. provide relief as the Board sees fit, to any person in disadvantaged circumstances through the provision of financial or non-financial assistance; and

8.11. do all such other things as incidental to the attaining of any of the Association’s Objects.

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9. NOT FOR PROFIT

In compliance with section 55 of the Act:

9.1. unless the Commission otherwise approves, the Association must not conduct its affairs in a manner calculated to secure a pecuniary profit for the Council, its sole member, or for the Board Members or for associates of Board Members; and

9.2. unless the Commission otherwise approves, the Association must not make a payment from its income or capital, or dispose of any of its assets in specie, to the Council, its sole member, or to its Board Members or associates of the Board Members excepting:

9.2.1. any reasonable remuneration of a Board Member for work done by the Board Member for or on behalf of the Association either as these Rules may allow or by express resolution of the Board; and / or

9.2.2. any payments or dispositions that are incidental to activities carried on by the Association in accordance or consistently with its Objects.

10. WINDING UP

10.1. The Association may be wound up in accordance with section 41 of the Act.

10.2. If upon the Association being wound up there remain surplus assets then, except as section 43 of the Act may allow, such surplus assets must be transferred to or among a body or bodies nominated by the Council and having similar objects to the Association and which by it or their rules are prohibited from distributing its ofr their assets and income to its or their members.

PART 3 – MEMBER

11. MEMBER

The Council is the sole ordinary member of the Association.

PART 4 – THE BOARD

12. BOARD

At all times, the Association must have a Board.

13. BOARD FUNCTIONS

The Board has the administration of the affairs of the Association including, without limitation, the management and control of the funds and property of the Association.

14. BOARD POWERS

The Board may, on behalf of the Association, exercise all such powers and do all such things as are with the Objects of the Association.

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15. THE BOARD MAY DELEGATE

15.1. The Board may delegate any of its powers to a committee of the Board, a Board member, an employee of the Association or any other person.

15.2. A delegation of powers by the Board Members:

15.2.1. may authorise the delegate to sub-delegate all or any of the powers vested in the delegate;

15.2.2. may be concurrent with or to the exclusion of the exercise by the Board Members of those powers.

15.3. The delegate must exercise the powers delegated in accordance with any directions of the Board.

15.4. The exercise of power by the delegate is as effective as if the Board had exercised it.

15.5. The Board may revoke, at any time, any powers it has delegated.

16. BOARD COMPOSITION

16.1. Subject to the other provisions of these Rules, the Board shall consist of sixfive (5) (6) Board Members.

16.2. All Board Members will be appointed by the Council as follows:

16.2.1. Three (3) Board Members shall be appointed by the Council as Council Board Members, and

16.2.2. ThreeTwo (2) (3) will be appointed in accord with Rule 18 as Independent Board Members.

17. ABOUT COUNCIL BOARD MEMBERS

17.1. Subject to these Rules, a Council Board Member shall hold office for a term of four (4) years.

17.2. The term of office for a Council Board Member shall expire no later than two (2) months from the date of a Council general election.

17.3. Subject to 17.4, all retiring Council Board Members are eligible for reappointment to the Board.

17.4. A Council Board Member must be an elected member of Council.

18. ABOUT INDEPENDENT BOARD MEMBERS

18.1. Subject to these Rules, Independent Board Members shall hold office for a term of four (4) years expiring at midnight on 31 December.

18.2. Independent Board Members will have qualifications and skills as determined by the Council.

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18.3. The term of office for Independent Board Members will expire periodically:

18.3.1. In the year in which these Rules first apply the first Independent Board Member will be appointed for an initial term of up to 2 years and the second and third Independent Board Member will be appointed for an initial term of up to 3 years expiring on 31 December.

18.3.2. Upon expiry of the initial terms the term of office for an Independent Board Member will be as provided for at sub Rule 18.1.

18.4. Subject to Rule 19 Independent Board Members are eligible for reappointment to the Board.

18.4.18.5. Independent Board Members, eliglble for reappointment, may only serve for a maximum of eight (8) years thereafter they will automatically become ineligible for reappointment.

18.5.18.6. If a casual vacancy occurs in the office of an Independent Board Member before the end of their term of office, the incoming Independent Board Member will be appointed for the balance of the original term of office.

19. BOARD REMUNERATION

19.1. Board Members are not entitled to remuneration except as these Rules may allow and the Board resolves to award. The Association may nevertheless (but subject to Section 39B of the Act) pay a premium for a contract insuring a person who is or has been an officer or employee of the Association against a liability incurred as an officer or employee.

19.2. Board Members shall be paid such allowance or sitting fee (per meeting) as is from time to time determined by majority unanimous resolution of the Board.

19.3. The Board must promptly notify the Council of any resolution for the purposes of sub Rule 19.2. The Council may, within 6 weeks of receipt of such resolution, vary such allowance (as to the amount and/or the date of effect) if two-thirds of the elected members of the Council present and entitled to vote at the Council meeting considering the issue so determine.

19.4. The resolution referred to in clause 19.2, if not varied by Council pursuant to clause 19.3, shall take effect from the date of the Board decision.

19.5. The Association may pay a Board Member’s travelling and other out-of-pocket expenses that the Board may approve and that a Board Member properly incurs:

19.5.1. in attending Board meetings; or

19.5.2. in connection with the affairs of the Association.

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20. OTHER PROVISIONS

20.1. Appointments to fill casual vacancies

Subject to clause 16.2, at any time the Council may appoint a natural person [Query – what does this mean ?] as a Board Member whether to fill a casual vacancy or as an addition to the Board.

20.2. Vacation of office

A Board Member:

20.2.1. retires as provided by these Rules but may, if otherwise qualified, stand for re-election;

20.2.2. may retire at any time by written notice to the Board;

20.2.3. retires if they are a Council Board Member upon ceasing to be an elected member of Council;

20.2.4. retires if they cease to have their principal place of residence within South Australia;

20.2.5. retires if they are absent from 3 consecutive Board meetings without prior leave of the Board and the Board resolves that the Board Member should retire;

20.2.6. may be removed from office by the Council, whether on recommendation from the Board or not.

20.2.7. will vacate office:

a. by operation of Section 30 of the Act; or

b. if the Board Member dies; or

c. if the Board Member is determined to be mentally incapacitated as defined in the Guardianship and Administration Act 1993.

20.3. Canvassing for candidates as Board Members

If an Independent Board Member retires or is due to retire from office as a Board Member, before appointing another person to the Board to fill that position, the Council:

20.3.1. must invite applications from interested persons, with skills, qualifications and experience that would complement and enhance the operations of the Board, in addition to any other requirements the Council may see fit, by way of advertising the vacancy within the major newspaper circulating in Adelaide;

20.3.2. having determined a selection procedure and will ultimately make a recommendation for appointment, to Councilfollow the selection policies and procedures as may be recommended by the Board or otherwise determined by the Council; and

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20.3.3. prior to making any recommendation for appointment to Council, consult with the Board in respect to the said recommendation for appointment, and invite and receive any recommendation from the Board with respect to the appointment for consideration. .

The Council may accept or reject any recommendation of the Board.

20.4. Candidates for Board Members

20.4.1. Unless he/she indicates otherwise a retiring Board Member will be considered for re-election. without nomination [the same nomination/application procedure is to apply to retiring Independent Board Members as applies to new applicants].

20.4.2. No other person is eligible to be appointed as a Board Member unless the Council is served with:

a. a written consent to be elected as a Board Member, signed by the candidate; and

b. a written nomination of the candidate, signed by an existing Board Member.

20.4.3. The Board must be given notice of all persons seeking appointment to the Board with the notice calling the meeting at which the recommended appointment is to be decided discussed. [20.3.3]

20.4.4. The Council will appoint an Independent Board Member to fill a casual vacancy upon any basis that it sees fit.

21. ALTERNATES

A Board Member may not appoint an alternative or a proxy to vote on their behalf at Board meetings.

22. MEETINGS OF THE BOARD

22.1. Board meetings

The Board Members must meet together for the dispatch of business at least once in every 3 ] calendar months. Any (1) Board Member may call a Board meeting. Subject to the Act and these Rules, the Board Members may meet together, adjourn and regulate their meetings as they think fit.

22.2. Chair and deputy chair of meetings

22.2.1. The Board must appoint a Chair from among the Council Board Members appointed pursuant to Rule 17 to preside at its meetings and may appoint from any of the Board Members a deputy chair.

22.2.2. At any time, the Board Council may remove a person so appointed.

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22.2.3. The Chair holds office for a period of twelve (12) months or until his/her term of office as a Board Member expires (or is vacated) whichever occurs first.

22.2.4. The Chair is eligible for reappointment as Chair.

22.2.5. The Chair holds one ordinary deliberative vote and one casting vote in their capacity as a Board Member.

22.3. Quorum for meetings

A quorum for a Board meeting is three (3) Board Members if at least three (3) board Members are then in office, with at least one of the Board Members present being a Council Board Member. A quorum must be present at all times during the Board meeting. If less than three (3) Board Members are in office, those Board Members may validly constitute Board meetings for the purpose of exercising all of the powers and duties of the Board pending the appointment of additional Board Members.

22.4. Disclosure of interests

A Board Member must at a Board Meeting disclose any pecuniary interest of theirs that Section 31 of the Act requires.

22.5. Voting at meetings

22.5.1. A Board Member must not take part in any decision of the Board (including by voting) where disqualified from doing so by Section 32 of the Act.

22.5.2. Each Board Member has one vote and must (subject to any provision of the Act or these Rules) vote on every matter arising for decision.

22.5.3. Questions arising at a Board meeting are decided by a majority of votes cast by Board Members entitled to vote on the resolution.

22.5.4. If a resolution is to be decided at a meeting where four (4) Board Members are present and the vote is equal, the Board can:

a. circulate the resolution subject to Rule 21.8; or

b. defer the vote to the next meeting; or

c. conduct a telephone meeting subject to Rule 22.9 for the purpose of deciding the matter.; or

c.d. the matter is determined pursuant to Rule 22.2.5.

22.6. Minutes of meetings

Section 51 of the Act governs the keeping and confirmation of minutes of Board meetings.

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22.7. Irregularities do not invalidate a meeting

The Corporations Act 2001, Section 1322, applies to Board meetings so far as it is capable of applying and with necessary changes as if now set out in these Rules and as if the Association was a company registered under that Act.

22.8. Circulating resolutions

22.8.1. The Board Members may pass a resolution without a meeting being held if a majority of the Board Members entitled to vote on the resolution (and being not less than the number required for a quorum at a Board meeting) sign a document containing a statement that they are in favour of the resolution set out in the document.

22.8.2. The resolution is passed when the last Board Member required to achieve a majority signs.

22.8.3. Separate copies of a document may be used for signing by Board Members if the wording of the resolution and statement is identical in each copy.

22.8.4. A document referred to in this provision must be sent to every Board Member, whether or not entitled to vote on the resolution.

22.9. Telephone meetings

22.9.1. The Board may conduct a meeting by the contemporaneous linking together by telephone or other electronic device (“telephone meetings”) of Board Members constituting not less than the quorum, and all the provisions of these Rules that apply to meetings of the Board shall apply to such telephone meetings so long as the following conditions are met:

a. all Board Members for the time being entitled to receive notice of a meeting of the Board shall be entitled to notice of the telephone meeting and to be linked by telephone or other electronic device for the purposes of such meeting. Notices of any such meeting may be given by telephone;

b. each of the Board Members taking part in the telephone meeting must be able to hear each of the other Board Members taking part at the commencement and throughout the meeting; and

c. at the commencement of the meeting each of the Board Members must acknowledge his or her presence for the purpose of the meeting of the Board to all the other Board Members taking part.

22.9.2. A Board Member may not leave the telephone meeting whether by disconnecting his or her telephone or otherwise unless he or she has previously obtained the express consent of the Chair. A Board member shall be conclusively presumed to have been present and to have formed part of the quorum at all times during the telephone meeting unless he or she has

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previously obtained the express consent of the Chair to leave the meeting as stipulated above.

22.9.3. A minute of the proceedings at such telephone meetings shall be sufficient evidence of such proceedings and of the observance of all necessary formalities if certified to be a correct minute by the Chair.

PART 5 – GENERAL MEETINGS OF THE ASSOCIATION

23. ANNUAL GENERAL MEETING

23.1. Whilst the membership of the Association comprises the Council as the sole member the annual general meeting will take place as part of a formally constituted meeting of the Council under the Local Government Act 1999 (“Council Meeting”) within 5 months after the end of the financial year of the Association.

23.2. The Board will make available to the annual general meeting the financial reports and auditors reports of the Association as required by the Act.

23.3. All decisions which would otherwise be made by the Association members in an annual general meeting will instead be made by the Council at a formally constituted meeting of the Council under the Local Government Act 1999 or otherwise by a delegate of the Council exercising powers or functions of the Council lawfully delegated under Section 44 of the Local Government Act 1999.

23.4. The resolution as put by the Council will be formally recorded at the annual general meeting as a resolution as carried by the Association.

23.5. Where the Council makes a decision in this capacity, it will provide written notice of the resolution as carried to the Executive Officer [Query Rule 25 ?] of the Association with five (5) days of the resolution being made and the Executive Officer of the Association will formally notify the Board accordingly.

PART 6 – OTHER OFFICERS

24. PUBLIC OFFICER

24.1. At all times, the Association must have Public Officer (who may but need not be a Board Member) as Section 56 of the Act and any other law may require.

24.2. The Board appoints the Public Officer and may at any time remove from office the Public Officer without right to be heard and appoint a replacement Public Officer.

24.3. A Public Officer has those functions and powers required by the Act or any other law.

25. EXECUTIVE OFFICER [Query – is this effectively Sue Shuttleworth ?, or is an appointment that the Board may make if it so desires /]

25.1. At any time, the Board may appoint an Executive Officer (who may not be a Board Member) with such powers and duties and for such remuneration (if any) as may be agreed between the Association and the Executive Officer.

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25.2. Subject to any contract in place, at any time the Board may vary the powers and duties and remuneration of the Executive Officer and may remove the Executive Officer from office without the right to be heard.

25.3. The Executive Officer has the functions and powers vested in them by the Board and, unless the Board resolves otherwise, has the day-to-day executive management of the affairs of the Association subject to such directions as the Board may give to the Executive Officer.

26. TREASURER

26.1. At any time, the Board may appoint a Treasurer (who may but need not be a Board Member) with such powers and duties and for such remuneration (if any) as may be agreed between the Association and the Treasurer.

26.2. Subject to any contract in place, at any time the Board may vary the powers and duties and remuneration of the Treasurer and may remover a Treasurer from office without right to be heard.

26.3. A Treasurer has the functions and powers vested in them by the Board and, unless the Board resolves otherwise, has these functions subject to such directions as the Board may give to the Treasurer:

26.3.1. to prepare draft Business Plans and budgets for consideration of the Board;

26.3.2. to monitor the financial performance of the Association against an adopted Business Plan, and promptly report to the Board any material discrepancies known or anticipated;

26.3.3. to supervise the handling of money by or for the Association and the keeping of financial records;

26.3.4. to prepare draft financial statements;

26.3.5. to sign cheques and other negotiable instruments on behalf of the Association together with one other signatory appointed by the Board.

27. AUDITOR

27.1. So long as the Act or any other law requires, the Board must appoint an Auditor upon terms and conditions determined by the Board.

27.2. As a matter of record Sections 23, 35 and 37 of the Act provide for the powers and responsibilities of an auditor of a prescribed association.

27.3. Whether or not an auditor is in office, at the expense of the Council, the Association must allow the Auditor of the Council the same rights of access to records and persons as an auditor of the Association would enjoy under Section 37 of the Act.

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28. SECRETARY

28.1. At any time, the Board may appoint a Secretary (who may but need not be a Board Member) with such powers and duties and for such remuneration (if any) as may be agreed between the Association and the Secretary.

28.2. Subject to any contract in place, at any time the Board may vary the powers and duties and remuneration of the Secretary and may remove a Secretary from office without right to be heard.

28.3. A Secretary has the functions and powers vested in them by the Board and, unless the Board resolves otherwise, has these function subject to such directions as the Board may give to the Secretary:

28.3.1. to issue notices calling Board meetings;

28.3.2. to attend all Board meetings and keep a correct minutes of the proceedings;

28.3.3. to keep all documents and records belonging to the Association;

28.3.4. to prepare such statements, reports, returns or other written information as the Act or any law requires the Association to lodge with government;

28.3.5. to issue for moneys received and keep a correct account of all receipts and expenditure;

28.3.6. to have custody and safekeeping of the common seal; and

28.3.7. all other functions usual and appropriate to the office.

PART 7 – OFFICERS GENERALLY

29. DUTIES OF OFFICERS

A Board Member who contravenes Section 39A of the Act also breaches these Rules.

30. INDEMNITY

30.1. To the extent permitted by Section 39B(1) of the Act and where the Beneficiary is not indemnified by another person (including an insurer under an insurance policy any part of the premium of which is contributed by the Association), the Association indemnifies every Beneficiary against any liability incurred by that Beneficiary:

30.1.1. as an officer or employee of the Association; and

30.1.2. to a person other than the Association;

unless the liability arises out of conduct on the part of the Beneficiary which:

30.1.3. involves a lack of good faith; or

30.1.4. is contrary to the express instructions of the Association.

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30.2. To the extent permitted by Section 39B of the Act and where the Beneficiary is not indemnified by another person (including an insurer under an insurance policy and part of the premium of which is contributed by the Association), the Association indemnifies every Beneficiary against any liability for costs and expenses incurred by the Beneficiary as an officer or employee of the Association in defending any proceedings, whether civil or criminal, in which judgment is given favour of the Beneficiary or in which the Beneficiary is acquitted.

30.3. Unless the Board Members otherwise determine, this clause ceases to apply in favour of a Beneficiary who does not to the reasonable satisfaction of the Board Members cooperate with the Association in investigating, defending or resolving the matter to which this clause would otherwise apply.

30.4. The Association may execute a documentary indemnity (not inconsistent with applicable law or this clause) in any form in favour of a Beneficiary.

30.5. The Association must give a Beneficiary access to any books of the Association for the purposes of any legal preceedings to which this clause applies.

30.6. For these purposes, ‘Beneficiary’ means a person who is or has been:

30.6.1. an officer of the Association; and / or

30.6.2. an employee of the Association, but

30.6.3. does not include a Board Member.

30.7. A Board Member shall be indemnified by the Association against any liability incurred by the Board Member in the performance of his/her official duties, providing the Board Member was acting honestly and / or, in defending any proceedings, either civil or ciriminal, in which judgment is given in favour of the Board Member or in which the Board Member is acquitted.

31. EFFECTIVENESS OF ACTS OF OFFICERS

Any act done by an officer of the Association is effective even if the officer’s appointment, or the continuance of his/her appointment is invalid because the Association or officer did not comply with these Rules or any provision of the Act.

PART 8 – ASSOCIATES

32. ADVISORS

32.1. Those functions may include:

32.1.1. providing information to assist the Board to assess the Association’s performance against its Objects and Business Plan;

32.1.2. providing advice and reports to the Board on the exercise and performance of its powers and functions including acting in an advisory capacity in relation to appointment of new Board members;

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32.1.3. coordinating and initiating proposals for consideration of the Board including but not limited to continuing improvement of the operations of the Association;

32.1.4. commenting on the performance of the Board on a annual basis; and

32.1.5. providing guidance to achieve financial outcomes in accordance with the Business Plan and budgets.

32.2. At any time, the Board may vary the functions of an advisor and may remove an advisor from office without right to be heard.

32.3. An advisor is not a Board Member and has no right to attend or be heard at Board meetings except at the invitation of the Board. An advisor in attendance at a Board meeting has no right to vote.

32.4. Not more than 4 advisors may be in office at any one time.

33. FRIENDS OF THE ASSOCIATION [Query - what is meant by a Friend of the Association ? What is the intent of this Rule ?]

At any time, the Board may appoint a person (including a body corporate) as a Friend of the Association. A Friend of the Association may be appointed in different classes as determined by the Board. At any time, the Board may remove a Friend of the Association from office without right to be heard.

34. STATUS

An advisor to the Board, or Friend of the Association has no right to participate in the management of the affairs of the Association and is not an officer of the Association.

PART 9 – OPERATIONS

35. STRATEGIC MANAGEMENT PLAN

The Board must develop and adopt a strategic management plan for the management of the activities of the Association over a 5 year period. In formulating its strategic management plan the Board must have regard to the Objects and the role and responsibilities of the Association under these Rules. The strategic management plan must be reviewed annually following the adoption of the budget.

36. BUDGET

36.1. The Association must have, for each financial year, a budget. This document will be developed by the Board before 31 May in each year immediately preceding the financial year to which it relates and must detail the financial requirements of the Association for the relevant financial year including a summary of its proposed expenditure and sources of revenue.

36.2. The Board must conduct the affairs of the Association in conformity with the budget last adopted or as last amended.

36.3. The Budget must be presented to the Council immediately after adoption by the Board.

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37. POLICIES

37.1. Subject to the Act and any other law, the Board may adopt policies for the management of the Association of including, but not limited to, the conduct and reporting of meetings, code of conduct for Board Members and / or the financial management of the Association.

37.2. An officer of the Association must comply with a code of conduct by its express terms made applicable to persons holding that office.

38. PERIODIC RETURN

The Association must lodge periodic returns in conformity with Section 36 of the Act.

39. ACCOUNTING RECORDS

The Association must keep accounting records in conformity with Section 39C of the Act.

40. ACCOUNTS

At all times (and whether or not the Association is a prescribed association to which Section 35 of the Act applies), the Association must:

40.1. keep its accounting records in such a manner as will enable the preparation from time to time of accounts that present fairly the results of the operations of the Association; and

40.2. cause accounts in respect of each financial year to be prepared and laid before an annual general meeting subject to Rule 23.

PART 10 – OTHER MATTERS

41. ALTERATIONS OF THE RULES

These Rules may be altered by resolution of the Council. The resolution must be recorded and the record signed by the Public Officer. The alteration to the Rules is to be registered pursuant to Section 24 of the Act.

42. THE SEAL

42.1. The Association must have a common seal upon which its name appears in legible characters.

42.2. The seal of the Association must be kept in the custody of the Secretary or otherwise in the custody of a person approved by the Board.

42.3. If the Board resolves, the seal must be used to give effect to a resolution of the Board and such use shall be recorded in the minute book of Board meetings.

42.4. The signatures of two (2) persons approved by the Board for that purpose shall attest the fixing of the seal to a document. Unless the Board determines otherwise, one (1) of those persons must be the Chair of the Board.

42.5. A contract of the Association may be made, varied or rescinded under the common seal or in any other way Section 26 of the Act or any other law may permit.

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43. DISPUTE RESOLUTION

43.1. This clause applies to disputes under these Rules between either:

43.1.1. the Association and any officer of the Association in that capacity; or

43.1.2. officers of the Association in that capacity.

43.2. The parties to the dispute must promptly meet in person at the registered office of the Association and discuss the matter in dispute and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all of the parties.

43.3. If the parties are unable to resolve the dispute at the meeting, those parties may choose to meet and discuss the dispute before an independent third person agreed to by the parties.

43.4. If the parties cannot agree on the appointment of the independent third person, that person is to be appointed by the South Australian chapter of the Institute of Arbitrators and Mediators.

44. CIRCUMSTANCES NOT PROVIDED FOR

In any circumstances in which these Rules are silent, incapable of taking effect or being implemented according to its strict provisions, the Board may determine what action may be taken to ensure the effective administration and objects of the Association. Any determination made by the Board in that regard shall be final.

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DRAFT No. 3



RULES

Lodged by

Kelledy Jones Lawyers Level 6/19 Gilles Street Adelaide SA 5000

Telephone: 08 8113 7100


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biskup

Attachment C

Contents

1. NAME .......................................................................................................................................... 6

2. PRESCRIBED ASSOCIATION ................................................................................................. 6

3. DEFINITIONS ............................................................................................................................. 6

4. INTERPRETATION .................................................................................................................... 7

5. THE ACT ..................................................................................................................................... 7

6. PERSONS BOUND ................................................................................................................... 7

7. OBJECTS ................................................................................................................................... 7

8. POWERS .................................................................................................................................... 7

9. NOT FOR PROFIT ..................................................................................................................... 8

10. WINDING UP .............................................................................................................................. 9

11. MEMBER .................................................................................................................................... 9

12. BOARD ....................................................................................................................................... 9

13. BOARD FUNCTIONS ................................................................................................................ 9

14. BOARD POWERS ..................................................................................................................... 9

15. THE BOARD MAY DELEGATE ................................................................................................ 9

16. BOARD COMPOSITION ......................................................................................................... 10

17. ABOUT COUNCIL BOARD MEMBERS ................................................................................ 10

18. ABOUT INDEPENDENT BOARD MEMBERS ...................................................................... 10

19. BOARD REMUNERATION ..................................................................................................... 11

20. OTHER PROVISIONS ............................................................................................................. 11

20.1. Appointments to fill casual vacancies ....................................................................... 11

20.2. Vacation of office ........................................................................................................ 11

20.3. Canvassing for candidates as Board Members ....................................................... 12

20.4. Candidates for Board Members ................................................................................ 12

21. ALTERNATES .......................................................................................................................... 13

22. MEETINGS OF THE BOARD ................................................................................................. 13

22.1. Board meetings ........................................................................................................... 13

22.2. Chair and deputy chair of meetings .......................................................................... 13

22.3. Quorum for meetings ................................................................................................. 13

22.4. Disclosure of interests ................................................................................................ 14

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22.5. Voting at meetings ...................................................................................................... 14

22.6. Minutes of meetings ................................................................................................... 14

22.7. Irregularities do not invalidate a meeting ................................................................. 14

22.8. Circulating resolutions ................................................................................................ 14

22.9. Telephone meetings ................................................................................................... 15

23. ANNUAL GENERAL MEETING ............................................................................................. 15

24. PUBLIC OFFICER ................................................................................................................... 16

25. EXECUTIVE OFFICER ........................................................................................................... 16

26. TREASURER ........................................................................................................................... 16

27. AUDITOR .................................................................................................................................. 17

28. SECRETARY ............................................................................................................................ 17

29. DUTIES OF OFFICERS .......................................................................................................... 18

30. INDEMNITY .............................................................................................................................. 18

31. EFFECTIVENESS OF ACTS OF OFFICERS ....................................................................... 19

32. ADVISORS ............................................................................................................................... 19

33. STATUS .................................................................................................................................... 19

34. STRATEGIC MANAGEMENT PLAN ..................................................................................... 20

35. BUDGET ................................................................................................................................... 20

36. POLICIES ................................................................................................................................. 20

37. PERIODIC RETURN ............................................................................................................... 20

38. ACCOUNTING RECORDS ..................................................................................................... 20

39. ACCOUNTS .............................................................................................................................. 20

40. ALTERATIONS OF THE RULES ........................................................................................... 21

41. THE SEAL................................................................................................................................. 21

42. DISPUTE RESOLUTION ........................................................................................................ 21

43. CIRCUMSTANCES NOT PROVIDED FOR .......................................................................... 21

1. NAME ........................................................................................................................................... 4

2. PRESCRIBED ASSOCIATION ............................................................................................................ 4

3. DEFINITIONS ................................................................................................................................. 4

4. INTERPRETATION .......................................................................................................................... 5

5. THE ACT ........................................................................................................................................ 5

6. PERSONS BOUND .......................................................................................................................... 5

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7. OBJECTS ........................................................................................................................................ 5

8. POWERS ....................................................................................................................................... 5

9. NOT FOR PROFIT ........................................................................................................................... 6

10. WINDING UP ................................................................................................................................. 7

11. MEMBER ....................................................................................................................................... 7

12. BOARD .......................................................................................................................................... 7

13. BOARD FUNCTIONS....................................................................................................................... 7

14. BOARD POWERS ........................................................................................................................... 7

15. THE BOARD MAY DELEGATE .......................................................................................................... 7

16. BOARD COMPOSITION .................................................................................................................. 8

17. ABOUT COUNCIL BOARD MEMBERS .............................................................................................. 8

18. ABOUT INDEPENDENT BOARD MEMBERS ..................................................................................... 8

19. BOARD REMUNERATION ............................................................................................................... 9

20. OTHER PROVISIONS ...................................................................................................................... 9

20.1. Appointments to fill casual vacancies .............................................................................. 9

20.2. Vacation of office ............................................................................................................ 9

20.3. Canvassing for candidates as Board Members ............................................................... 10

20.4. Candidates for Board Members ..................................................................................... 10

21. ALTERNATES ............................................................................................................................... 10

22. MEETINGS OF THE BOARD .......................................................................................................... 11

22.1. Board meetings ............................................................................................................. 11

22.2. Chair and deputy chair of meetings ............................................................................... 11

22.3. Quorum for meetings .................................................................................................... 11

22.4. Disclosure of interests ................................................................................................... 11

22.5. Voting at meetings ........................................................................................................ 11

22.6. Minutes of meetings ..................................................................................................... 12

22.7. Irregularities do not invalidate a meeting ...................................................................... 12

22.8. Circulating resolutions ................................................................................................... 12

22.9. Telephone meetings ...................................................................................................... 12

23. ANNUAL GENERAL MEETING ...................................................................................................... 13

24. PUBLIC OFFICER .......................................................................................................................... 13

25. EXECUTIVE OFFICER .................................................................................................................... 14

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26. TREASURER ................................................................................................................................. 14

27. AUDITOR ..................................................................................................................................... 14

28. SECRETARY ................................................................................................................................. 15

29. DUTIES OF OFFICERS ................................................................................................................... 15

30. INDEMNITY ................................................................................................................................. 15

31. EFFECTIVENESS OF ACTS OF OFFICERS ........................................................................................ 16

32. ADVISORS ................................................................................................................................... 16

33. FRIENDS OF THE ASSOCIATION ................................................................................................... 17

34. STATUS ....................................................................................................................................... 17

35. STRATEGIC MANAGEMENT PLAN ................................................................................................ 18

36. BUDGET ...................................................................................................................................... 18

37. POLICIES ..................................................................................................................................... 18

38. PERIODIC RETURN....................................................................................................................... 18

39. ACCOUNTING RECORDS .............................................................................................................. 18

40. ACCOUNTS .................................................................................................................................. 18

41. ALTERATIONS OF THE RULES ....................................................................................................... 19

42. THE SEAL ..................................................................................................................................... 19

43. DISPUTE RESOLUTION ................................................................................................................. 19

44. CIRCUMSTANCES NOT PROVIDED FOR ........................................................................................ 19






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121


Rules

of



1. NAME




3. DEFINITIONS

In these Rules:

Accommodation includes the residential accommodation provided by the Association at 3 Conyngham Street, Glenside SA and any other sites that the Association may provide.







Residents means those persons of the age of 55 years and over who enter into a licence or similar agreement in respect of lease the Accommodation from the Association.




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4. INTERPRETATION


5. THE ACT





6. PERSONS BOUND




7. OBJECTS



7.2. to provide, maintain and manage residential Accommodation and such other sites as the Association may from time to time determine (hereinafter called “the Accommodation”) for those persons of the age of 55 years and over whom the Board consider qualify for entry into the facilities of the Association;

7.3. to engage in public benevolent activities by the provision of maintenance and management of the accommodation on such special terms and conditions as the Board may from time to time determine to persons whom the Board considers to be in necessitous circumstances with preference to be given to such residents of the City of Burnside as the Board may from time to time determine.

8. POWERS

For the purposes of carrying outs its Objectsives, the Association has the powers conferred by Section 25 of the Act and, in addition, the powers to:


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9. NOT FOR PROFIT



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10. WINDING UP


10.2. If upon the Association being wound up there remain surplus assets then, except as section 43 of the Act may allow, such surplus assets must be transferred to or among a body or bodies nominated by the Council and having similar objects to the Association and which by it or their rules are prohibited from distributing its of their assets and income to its or their members.

PART 3 – MEMBER

11. MEMBER



12. BOARD


13. BOARD FUNCTIONS


14. BOARD POWERS






125






16.1. Subject to the other provisions of these Rules, the Board shall consist of five six (56) Board Members.


16.2.1. Three (3) Board Members shall be appointed by the Council in accordance with Rule 17 as Council Board Members, and

16.2.2. Two Three (23) will shall be appointed by the Council in accordance with Rule 18 as Independent Board Members.


17.1. Subject to these Rules, a Council Board Member shall hold office for a term of four (4) years.

17.2. The term of office for a Council Board Member shall expire no later than two (2) months from after the date of a Council general periodic election.

17.3. Subject to Rule 17.4, all retiring Council Board Members are eligible for reappointment to the Board.

17.4. A Council Board Member must at all times be an elected member of Council.


18.1. Subject to these Rules, an Independent Board Members shall hold office for a term of four (4) years expiring at midnight on 31 December.


18.3. The term of office for Independent Board Members will expire periodically:

18.3.1. In the year in which these Rules first apply the first Independent Board Member will be appointed for an initial term of up to 2 years and the second Independent Board Member will be appointed for an initial term of up to 3 years expiring on 31 December.

18.3.2. Upon expiry of the initial terms the term of office for an Independent Board Member will be as provided for at sub Rule 18.1.

126

18.3. Subject to Rule 198.4 an Independent Board Members are is eligible for reappointment to the Board.

18.4. An Independent Board Member may only serve for a total of eight (8) years and thereafter will not be eligible for appointment or reappointment to the Board.

18.5. If a casual vacancy occurs in the office of an Independent Board Member before the end of their term of office, the incoming Independent Board Member will be appointed for the balance of the original term of office.


19.1. Board Members are not entitled to remuneration except as these Rules may allow and the Board by majority vote resolves to award. The Association may nevertheless (but subject to Section 39B of the Act) pay a premium for a contract insuring a person who is or has been an officer or employee of the Association against a liability incurred as an officer or employee.

19.2. Board Members shall be paid such allowance or sitting fee (per meeting) as is from time to time determined by unanimous majority resolution of the Board.

19.3. The Board must promptly notify the Council of any resolution for the purposes of sub Rule 19.2. The Council may, within 6 weeks of receipt of such resolution, vary such allowance or sitting fee (as to the amount and/or the date of effect) if two-thirds of the elected members of the Council present and entitled to vote at the Council meeting considering the issue so determine.


19.5. The Association may pay a Board Member’s travelling and other out-of-pocket expenses that the Board may approve by majority resolution and that a Board Member properly incurs:





Subject to clause 16.2, at any time the Council may appoint a natural person as a Board Member whether to fill a casual vacancy or as an addition to the Board.


A Board Member:



127




20.2.6. may at any time be removed from office by the Council, whether on recommendation from the Board or not.







20.3.1. must by way of advertising the vacancy within the major newspaper circulating in Adelaide invite applications from interested persons by way of advertising the vacancy within the major newspaper circulating in Adelaidewith skills, qualifications and experience that would in the opinion of the Council compliment and enhance the operations of the Board;

20.3.2. will determine follow the a selection policies and procedures for the purpose of making a recommendation to Council for appointment as may be recommended by the Board or otherwise determined by the Council; and

20.3.3. prior to making any appointment will consult with receive any recommendation from the Board with in respect to the appointmentof the recommendation for appointment.

The Council will make any appointment in its absolute discretionmay accept or reject any recommendation of the Board.


20.4.1. Subject to Rule 18.5 Unless he/she indicates otherwise a retiring Independent Board Member will be considered for may seek re-election appointment by following the same without nomination/application procedure that applies for new applicants.

20.4.2. No other person is eligible to be appointed as a Board Member unless the Council is served provided with:

128

a. a written nomination and consent to be elected as a Board Member, signed by the candidate.; and

b.a. a written nomination of the candidate, signed by an existing Board Member.

20.4.3. The Board must be given notice of all persons seeking appointmented to the Board by the Councilwith the notice calling the meeting at which the recommended appointment is to be decided.


21. ALTERNATES




The Board Members must meet together for the dispatch of business at least once in every 3 ] calendar months. Any (1) Board Member may call a Board meeting. Subject to the Act and these Rules, the Board Members may meet together, adjourn and regulate their meetings as they think fit.


22.2.1. The Board must appoint a Chair from among the Board Members appointed pursuant to Rule 17 to preside at its meetings and may appoint from any of the Board Members a deputy chair.

22.2.2. At any time, the Board may remove a person so appointed.



22.2.5. The Chair holds one deliberative ordinary vote in their capacity as a Board Member and one casting or second vote in their capacity as the Chair.


If at least three (3) Board Members are then in office Aa quorum for a Board meeting is three (3) Board Members at least one of whom must be a Council Board Member if at least three (3) board Members are then in office. A quorum must be present at all times during the Board meeting. If less than three (3) Board Members are in office, those Board Members may validly constitute Board meetings for the purpose of exercising all of the powers and duties of the Board pending the appointment of additional Board Members.

129







22.5.4. If a resolution is to be decided at a meeting where four (4) Board Members are present and the vote is equal, the Board can:

a. circulate the resolution subject to Rule 21.8; or

b. defer the vote to the next meeting; or

c. conduct a telephone meeting subject to Rule 22.9 for the purpose of deciding the matter.










130






22.9.2. A Board Member may not leave the telephone meeting whether by disconnecting his or her telephone or otherwise unless he or she has previously obtained the express consent of the Chair. A Board member shall be conclusively presumed to have been present and to have formed part of the quorum at all times during the telephone meeting unless he or she has previously obtained the express consent of the Chair to leave the meeting as stipulated above.







131


23.5. Where the Council makes a decision in this capacity, it will provide written notice of the resolution as carried to the Executive Officer of the Association with five (5) days of the resolution being made and the Executive Officer of the Association will formally notify the Board accordingly.


24. PUBLIC OFFICER




25. EXECUTIVE OFFICER

25.1. At any time, the Board may appoint an Executive Officer (who may must not be a Board Member) with such powers and duties and for such remuneration (if any) as may be agreed between the Association and the Executive Officer.



26. TREASURER





132





27. AUDITOR




28. SECRETARY











133




30. INDEMNITY















30.7. A Board Member shall be indemnified by the Association against any liability incurred by the Board Member in the performance of his/her official duties, providing the Board Member was acting honestly and / or, in defending any proceedings, either civil or

134

ciriminal, in which judgment is given in favour of the Board Member or in which the Board Member is acquitted.




32. ADVISORS










33. FRIENDS OF THE ASSOCIATION

At any time, the Board may appoint a person (including a body corporate) as a Friend of the Association. A Friend of the Association may be appointed in different classes as determined by the Board. At any time, the Board may remove a Friend of the Association from office without right to be heard.

34.33. STATUS

An advisor to the Board, or Friend of the Association has no right to participate in the management of the affairs of the Association and is not an officer of the Association.


135

35.34. STRATEGIC MANAGEMENT PLAN


36.35. BUDGET

36.1.35.1. The Association must have, for each financial year, a budget. This document will be developed by the Board before 31 May in each year immediately preceding the financial year to which it relates and must detail the financial requirements of the Association for the relevant financial year including a summary of its proposed expenditure and sources of revenue.

36.2.35.2. The Board must conduct the affairs of the Association in conformity with the budget last adopted or as last amended.

36.3.35.3. The Budget must be presented to the Council immediately after adoption by the Board.

37.36. POLICIES

37.1.36.1. Subject to the Act and any other law, the Board may adopt policies for the management of the Association of including, but not limited to, the conduct and reporting of meetings, code of conduct for Board Members and / or the financial management of the Association.

37.2.36.2. An officer of the Association must comply with a code of conduct by its express terms made applicable to persons holding that office.

38.37. PERIODIC RETURN


39.38. ACCOUNTING RECORDS


40.39. ACCOUNTS


40.1.39.1. keep its accounting records in such a manner as will enable the preparation from time to time of accounts that present fairly the results of the operations of the Association; and

40.2.39.2. cause accounts in respect of each financial year to be prepared and laid before an annual general meeting subject to Rule 23.


136

41.40. ALTERATIONS OF THE RULES


42.41. THE SEAL

42.1.41.1. The Association must have a common seal upon which its name appears in legible characters.

42.2.41.2. The seal of the Association must be kept in the custody of the Secretary or otherwise in the custody of a person approved by the Board.

42.3.41.3. If the Board resolves, the seal must be used to give effect to a resolution of the Board and such use shall be recorded in the minute book of Board meetings.

42.4.41.4. The signatures of two (2) persons approved by the Board for that purpose shall attest the fixing of the seal to a document. Unless the Board determines otherwise, one (1) of those persons must be the Chair of the Board.

42.5.41.5. A contract of the Association may be made, varied or rescinded under the common seal or in any other way Section 26 of the Act or any other law may permit.

43.42. DISPUTE RESOLUTION

43.1.42.1. This clause applies to disputes under these Rules between either:

43.1.1.42.1.1. the Association and any officer of the Association in that capacity; or

43.1.2.42.1.2. officers of the Association in that capacity.

43.2.42.2. The parties to the dispute must promptly meet in person at the registered office of the Association and discuss the matter in dispute and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all of the parties.

43.3.42.3. If the parties are unable to resolve the dispute at the meeting, those parties may choose to meet and discuss the dispute before an independent third person agreed to by the parties.

43.4.42.4. If the parties cannot agree on the appointment of the independent third person, that person is to be appointed by the South Australian chapter of the Institute of Arbitrators and Mediators.

44.43. CIRCUMSTANCES NOT PROVIDED FOR


137

1 burn0001_130034_013.docx burn0001_130034_012.docx

DRAFT No. 43



RULES

Lodged by

Kelledy Jones Lawyers Level 6/19 Gilles Street Adelaide SA 5000

Telephone: 08 8113 7100


138

biskup

Attachment B


Contents

1. NAME ............................................................................................................................................. 4

2. PRESCRIBED ASSOCIATION ................................................................................................... 4

3. DEFINITIONS ................................................................................................................................ 4

4. INTERPRETATION ...................................................................................................................... 5

5. THE ACT ........................................................................................................................................ 5

6. PERSONS BOUND ...................................................................................................................... 5

7. OBJECTS....................................................................................................................................... 5

8. POWERS ....................................................................................................................................... 5

9. NOT FOR PROFIT ....................................................................................................................... 6

10. WINDING UP ................................................................................................................................. 7

11. MEMBER ....................................................................................................................................... 7

12. BOARD ........................................................................................................................................... 7

13. BOARD FUNCTIONS ................................................................................................................... 7

14. BOARD POWERS ........................................................................................................................ 7

15. THE BOARD MAY DELEGATE .................................................................................................. 7

16. BOARD COMPOSITION .............................................................................................................. 8

17. ABOUT COUNCIL BOARD MEMBERS .................................................................................... 8

18. ABOUT INDEPENDENT BOARD MEMBERS .......................................................................... 8

19. BOARD REMUNERATION .......................................................................................................... 9

20. OTHER PROVISIONS ................................................................................................................. 9

20.1. Appointments to fill casual vacancies ........................................................................... 9

20.2. Vacation of office ............................................................................................................. 9

20.3. Canvassing for candidates as Board Members ........................................................ 10

20.4. Candidates for Board Members .................................................................................. 10

21. ALTERNATES ............................................................................................................................. 11

22. MEETINGS OF THE BOARD .................................................................................................... 11

22.1. Board meetings ............................................................................................................. 11

22.2. Chair and deputy chair of meetings ............................................................................ 11

22.3. Quorum for meetings .................................................................................................... 11

22.4. Disclosure of interests .................................................................................................. 11

139


22.5. Voting at meetings ........................................................................................................ 11

22.6. Minutes of meetings ...................................................................................................... 12

22.7. Irregularities do not invalidate a meeting ................................................................... 12

22.8. Circulating resolutions .................................................................................................. 12

22.9. Telephone meetings ..................................................................................................... 12

23. ANNUAL GENERAL MEETING ................................................................................................ 13

24. PUBLIC OFFICER ...................................................................................................................... 13

25. EXECUTIVE OFFICER .............................................................................................................. 14

26. TREASURER .............................................................................................................................. 14

27. AUDITOR ..................................................................................................................................... 14

28. SECRETARY ............................................................................................................................... 15

29. DUTIES OF OFFICERS ............................................................................................................. 15

30. INDEMNITY ................................................................................................................................. 15

31. EFFECTIVENESS OF ACTS OF OFFICERS ......................................................................... 16

32. ADVISORS .................................................................................................................................. 16

33. STATUS ....................................................................................................................................... 17

34. STRATEGIC MANAGEMENT PLAN ........................................................................................ 17

35. BUDGET ...................................................................................................................................... 17

36. POLICIES .................................................................................................................................... 17

37. PERIODIC RETURN .................................................................................................................. 18

38. ACCOUNTING RECORDS ........................................................................................................ 18

39. ACCOUNTS ................................................................................................................................. 18

40. ALTERATIONS OF THE RULES .............................................................................................. 18

41. THE SEAL .................................................................................................................................... 18

42. DISPUTE RESOLUTION ........................................................................................................... 18

43. CIRCUMSTANCES NOT PROVIDED FOR ............................................................................ 19

140



Rules

of



1. NAME




3. DEFINITIONS

In these Rules:

Accommodation includes the residential accommodation provided by the Association at 3 Conyngham Street, Glenside SA and any other sites that the Association may provide.







Residents means those persons of the age of 55 years and over who enter into a licence or similar agreement in respect of the Accommodation.




141


4. INTERPRETATION


5. THE ACT





6. PERSONS BOUND




7. OBJECTS



7.2. to provide, maintain and manage residential Accommodation and such other sites as the Association may from time to time determine (hereinafter called “the Accommodation”) for those persons of the age of 55 years and over whom the Board consider qualify for entry into the facilities of the Association;

7.3. to engage in public benevolent activities by the provision of maintenance and management of the accommodation on such special terms and conditions as the Board may from time to time determine to persons whom the Board considers to be in necessitous circumstances with preference to be given to such residents of the City of Burnside as the Board may from time to time determine.

8. POWERS

For the purposes of carrying out its Objects, the Association has the powers conferred by Section 25 of the Act and, in addition, the powers to:


142




















9. NOT FOR PROFIT



143





10. WINDING UP


10.2. If upon the Association being wound up there remain surplus assets then, except as section 43 of the Act may allow, such surplus assets must be transferred to or among a body or bodies nominated by the Council and having similar objects to the Association and which by it or their rules are prohibited from distributing its of their assets and income to its or their members.

PART 3 – MEMBER

11. MEMBER



12. BOARD


13. BOARD FUNCTIONS


14. BOARD POWERS






144







16.1. Subject to the other provisions of these Rules, the Board shall consist of six (6) Board Members.


16.2.1. Three (3) Board Members shall be appointed by the Council in accordance with Rule 17 as Council Board Members, and

16.2.2. Three (3) Board Members shall be appointed by the Council in accordance with Rule 18 as Independent Board Members.


17.1. Subject to these Rules, a Council Board Member shall hold office for a term of four (4)two (2) years.

17.2. The term of office for a Council Board Member shall expire no later than two (2) months after the date of a Council periodic election.

17.3.17.2. Subject to Rule 17.4, all retiring Council Board Members are eligible for reappointment to the Board.

17.4.17.3. A Council Board Member must at all times be an elected member of Council.


18.1. Subject to these Rules, an Independent Board Member shall hold office for a term of four (4)two (2) years.


18.3. Subject to Rule 18.4 an Independent Board Member is eligible for reappointment to the Board.

18.4. An Independent Board Member may only serve for a total of eight (8)four (4) years and thereafter will not be eligible for appointment or reappointment to the Board.

18.5. If a casual vacancy occurs in the office of an Independent Board Member before the end of their term of office, the incoming Independent Board Member will be appointed for the balance of the original term of office.

Formatted: Indent: Left: 2.06 cm, No bullets or numbering

145



19.1. Board Members are not entitled to remuneration except as these Rules may allow and the Board by majority vote resolves to award. The Association may nevertheless (but subject to Section 39B of the Act) pay a premium for a contract insuring a person who is or has been an officer or employee of the Association against a liability incurred as an officer or employee.

19.2. Board Members shall be paid such annual allowance (payable in quarterly instalments in advance or in arrears as determined by the Board) or sitting fee (per meeting) as is from time to time determined by majority resolution of the Board provided that Council Board Members are only be entitled to receive their allowance or sitting fee in respect of Board meetings actually attended meaning that any amounts paid in advance and to which a Council Board Member has no entitlement pursuant to this sub Rule will be a debt due by the Member to the Association.

19.3. The Board must promptly notify the Council of any resolution for the purposes of sub Rule 19.2. The Council may, within 6 weeks of receipt of such resolution, vary such allowance or sitting fee (as to the amount and/or the date of effect) if two-thirds of the elected members of the Council present and entitled to vote at the Council meeting considering the issue so determine.


19.5. The Association may pay a Board Member’s travelling and other out-of-pocket expenses that the Board may approve by majority resolution and that a Board Member properly incurs:





Subject to clause 16.2, at any time the Council may appoint a natural person as a Board Member whether to fill a casual vacancy or as an addition to the Board.


A Board Member:




146




20.2.6. may at any time be removed from office by the Council, whether on recommendation from the Board or not.







20.3.1. must by way of advertising the vacancy within the major newspaper circulating in Adelaide invite applications from interested persons with skills, qualifications and experience that would in the opinion of the Council compliment and enhance the operations of the Board;

20.3.2. will determine a selection procedure for the purpose of making a recommendation to Council for appointment; and

20.3.3. prior to making any appointment will consult with the Board in respect of the recommendation for appointment.

The Council will make any appointment in its absolute discretion.


20.4.1. Subject to Rule 18.5 a retiring Independent Board Member may seek re-appointment by following the same nomination/application procedure that applies for new applicants.

20.4.2. No person is eligible to be appointed as a Board Member unless the Council is provided with a written nomination and consent to be elected as a Board Member, signed by the candidate.

20.4.3. The Board must be given notice of all persons appointed to the Board by the Council.


147


21. ALTERNATES




The Board must meet for the dispatch of business at least once in every 3 calendar months. Any (1) Board Member may call a Board meeting. Subject to the Act and these Rules, the Board Members may meet together, adjourn and regulate their meetings as they think fit.


22.2.1. The Board must appoint aA Chair will be appointed by the Council from among the Board Members appointed pursuant to Rule 17 to preside at its meetings of the Board. The Board. and may appoint from any of the other Board Members a deputy chair.

22.2.2. At any time, the CouncilBoard may remove a person so appointed.



22.2.5. The Chair holds one deliberative vote in their capacity as a Board Member and one casting or second vote in their capacity as the Chair.


If at least three (3) Board Members are then in office a quorum for a Board meeting is three (3) Board Members at least one of whom must be a Council Board Member. A quorum must be present at all times during the Board meeting. If less than three (3) Board Members are in office, those Board Members may validly constitute Board meetings for the purpose of exercising all of the powers and duties of the Board pending the appointment of additional Board Members.






148

















149


22.9.2. A Board Member may not leave the telephone meeting whether by disconnecting his or her telephone or otherwise unless he or she has previously obtained the express consent of the Chair. A Board member shall be conclusively presumed to have been present and to have formed part of the quorum at all times during the telephone meeting unless he or she has previously obtained the express consent of the Chair to leave the meeting as stipulated above.








23.5. Where the Council makes a decision in this capacity, it will provide written notice of the resolution as carried to the Executive Officer of the Association with five (5) days of the resolution being made and the Executive Officer of the Association will formally notify the Board accordingly.


24. PUBLIC OFFICER




150


25. EXECUTIVE OFFICER

25.1. At any time, the Board may appoint an Executive Officer (who must not be a Board Member) with such powers and duties and for such remuneration (if any) as may be agreed between the Association and the Executive Officer.



26. TREASURER









27. AUDITOR



151



28. SECRETARY














30. INDEMNITY






152











30.7. A Board Member shall be indemnified by the Association against any liability incurred by the Board Member in the performance of his/her official duties, providing the Board Member was acting honestly and / or, in defending any proceedings, either civil or ciriminal, in which judgment is given in favour of the Board Member or in which the Board Member is acquitted.




32. ADVISORS




153








33. STATUS

An advisor to the Board has no right to participate in the management of the affairs of the Association and is not an officer of the Association.


34. STRATEGIC MANAGEMENT PLAN


35. BUDGET

35.1. The Association must have, for each financial year, a budget. This document will be developed by the Board before 31 May in each year immediately preceding the financial year to which it relates and must detail the financial requirements of the Association for the relevant financial year including a summary of its proposed expenditure and sources of revenue.

35.2. The Board must conduct the affairs of the Association in conformity with the budget last adopted or as last amended.

35.3. The Budget must be presented to the Council immediately after adoption by the Board.

36. POLICIES

36.1. Subject to the Act and any other law, the Board may adopt policies for the management of the Association of including, but not limited to, the conduct and reporting of meetings, code of conduct for Board Members and / or the financial management of the Association.

154


36.2. An officer of the Association must comply with a code of conduct by its express terms made applicable to persons holding that office.

37. PERIODIC RETURN


38. ACCOUNTING RECORDS


39. ACCOUNTS


39.1. keep its accounting records in such a manner as will enable the preparation from time to time of accounts that present fairly the results of the operations of the Association; and

39.2. cause accounts in respect of each financial year to be prepared and laid before an annual general meeting subject to Rule 23.


40. ALTERATIONS OF THE RULES


41. THE SEAL

41.1. The Association must have a common seal upon which its name appears in legible characters.

41.2. The seal of the Association must be kept in the custody of the Secretary or otherwise in the custody of a person approved by the Board.

41.3. If the Board resolves, the seal must be used to give effect to a resolution of the Board and such use shall be recorded in the minute book of Board meetings.

41.4. The signatures of two (2) persons approved by the Board for that purpose shall attest the fixing of the seal to a document. Unless the Board determines otherwise, one (1) of those persons must be the Chair of the Board.

41.5. A contract of the Association may be made, varied or rescinded under the common seal or in any other way Section 26 of the Act or any other law may permit.

42. DISPUTE RESOLUTION

42.1. This clause applies to disputes under these Rules between either:

42.1.1. the Association and any officer of the Association in that capacity; or

155


42.1.2. officers of the Association in that capacity.

42.2. The parties to the dispute must promptly meet in person at the registered office of the Association and discuss the matter in dispute and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all of the parties.

42.3. If the parties are unable to resolve the dispute at the meeting, those parties may choose to meet and discuss the dispute before an independent third person agreed to by the parties.

42.4. If the parties cannot agree on the appointment of the independent third person, that person is to be appointed by the South Australian chapter of the Institute of Arbitrators and Mediators.

43. CIRCUMSTANCES NOT PROVIDED FOR


156

Council Agenda Item No 14.4 11 June 2013 Item No: 14.4 To: Council Date: 11 June 2013 Author: Magnus Heinrich – Manager, Development Services Contact: 8366 4136 Subject: INNER METROPOLITAN GROWTH DEVELOPMENT PLAN

AMENDMENT – COMMONWEALTH IMPLICATIONS Attachments: Nil Prev. Resolution: N/A



2. That the Council formally requests that the Federal Minister for Sustainability, Environment, Water, Population and Communities undertakes a strategic assessment under the Environment Protection and Biodiversity Conservation (EPBC) Act 1999 of the impact of the Inner Metropolitan Growth Development Plan Amendment (IMGDPA) and advise whether the effect of the policy in the IMGDPA is at odds with the EPBC Act 1999. Further, that the Minister be requested to advise what action should be taken in relation to the Policy in the event that the policy would potentially lead to a conflict with the EPBC Act 1999.

Purpose

1. The purpose of this report is to advise Council about a potential intersection between the IMGDPA and the Commonwealth EPBC Act 1999.

Strategic Plan


“Preservation of the historic character of the City and support our local retail precincts”

“A range of housing that meets the diverse needs of the community”

“Development that complements neighbourhood character and achieves environmental sustainability”

“A well maintained and aesthetic streetscape consistent across the City”

“A safe road network adequate for traffic volumes and movement”

“A broad range of successful businesses and organisations that attract increased wealth to the City”

157

Council Agenda Item No 14.4 11 June 2013 Communications/Consultation


3.1. Discussions have been held with the Adelaide City Council.

3.2. Discussions have been held with representatives of the Burnside Residents Group.

3.3. Discussions have been held with officers of the Department of Planning, Transport and Infrastructure.

3.4. Advice has been sought from the Commonwealth about process matters although no response had been received at the time of writing.

Statutory


Development Act, 1993

Environment Protection and Biodiversity Conservation Act, 1999

Policy

5. There are no policy implications or requirements associated with this recommendation.

Risk Assessment


Finance

7. There are no financial implications associated with the recommendation. Financial implications would exist if a resolution included a requirement to expend monies on diagrams that would be prepared to assist with a submission to the Commonwealth.

Discussion

8. In February 2013, the Council made a submission to the Development Policy Advisory Committee (DPAC) in relation to the Ministerial IMGDPA.

9. In March 2013, the Mayor made a verbal submission to the DPAC.

10. It is understood that the DPAC is yet to finalise its report about the DPA.

11. The matter of the potential intersection between the IMGDPA and the Commonwealth EPBC Act 1999 has been a general topic of discussion among interested parties.

12. The EPBC Act 1999 is the Australian Government’s central piece of environmental legislation. It provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places — defined in the EPBC Act 1999 as matters of national environmental significance.

158

Council Agenda Item No 14.4 11 June 2013 13. The Adelaide Parklands and the City Layout are collectively a National Heritage Place

under the EPBC Act.

14. The Adelaide Park Lands and City Layout’s National Heritage values refer to a number of attributes.

15. The attribute relevant to the DPA is “The judicious siting and wide streets maximised views and vistas through the city and Park Lands and from some locations to the Adelaide Hills”.

16. There is no more specificity than the attribute above.

17. The little advice that the Administration has had access to from the Commonwealth in relation to the EPBC Act 1999 suggests that future planning applications for development will need to take into account whether relevant sight lines are affected, probably with a particular emphasis on the south eastern corner of the Park Lands.

18. This process is not ideal as it adds another layer to the Development Assessment process, and one that is not clear in terms of objectives and outcomes. There is also the suggestion that the process would involve a level of self assessment on behalf of developers at the time of application. This self assessment, unless it is clear in terms of process and criteria, may result in uneven results. Further, if the effect of the EPBC Act 1999 is that, to a point, the proposed policy is acceptable, that in itself may result in an uneven application of the policy and uncertainty for developers and the community.

19. While the broad objective is understood, there is no information about what sight lines are important in relation to the heritage values, and what locations along Fullarton and Greenhill roads are most strategic in relation to the views.

20. There is no information about the heights that development should be restricted to in order that the EPBC Act 1999 is not offended.

21. Rather than the issue of heights and views being determined on a site by site and case by case basis, it would be preferable if the whole matter be resolved at the policy level, now.

22. It is understood that under Part 10 of the EPBC Act 1999, a strategic assessment can be undertaken which would assess the long term effects of the proposed policy in relation to the EPBC Act 1999.

23. Presumably, the Commonwealth would be best placed to undertake the assessment, on the basis that the EPBC Act 1999 is Commonwealth legislation and administered by the Commonwealth.

24. It is recommended that the Council request that the Federal Minister for Sustainability, Environment, Water, Population and Communities undertake a strategic assessment of the impact of the IMGDPA and advise whether the effect of the policy in the DPA is at odds with the EPBC Act 1999.

25. For the purposes of understanding the IMGDPA, in 2011 some impressions of the effects of the proposed policy were made (looking from the south eastern corner of the City towards Fullarton Road). The second impression shown below represents the absolute long term impacts of the policy. The ‘iron curtain’ would be realised if all allotments were developed in accordance with the policy proposed by the IMGDPA. The third impression shows the more likely medium to long term outcome where some allotments are randomly developed. Rather than the iron curtain, the view essentially presents in a more random manner.

159

Council Agenda Item No 14.4 11 June 2013

Current View

Maximum impact

More likely impact

Conclusion

26. The relevance of the EPBC Act 1999 should be clarified and the significance in relation to the IMGDPA resolved.

160

Council Agenda Item 14.5 11 June 2013 Item No: 14.5 To: Council Date: 11 June 2013 Author: Martin Cooper, Chief Financial Officer Contact: 8366 4202 Subject: THIRD QUARTER (Q3) 2012/13 BUDGET UPDATE Attachments: A. Summary Report of Operating and Capital Activities

B. Operating Income – Proposed Adjustments C. Operating Expenditure – Proposed Adjustments D. Capital Expenditure - Proposed Adjustments E. Amounts Received Specifically for New and Upgraded Assets

and Asset Disposal & Fair Value Adjustments - Proposed Adjustments

F. Capital Expenditure – Summary by Sub Project Prev. Resolution: A0278, 7/8/12

C8858, 11/9/12 C9094, 26/3/13



2. That the following adjustments to the 2012/13 Quarter 2 Revised Budget be adopted to create the Third Quarter (Q3) Revised Full Year Budget:

2.1 Operating Income net decrease by $96,039.

2.2 Operation Expenditure net increase by $186,013.

2.3 Capital Expenditure on Renewal and Replacement of Existing Assets net decrease of $599,760 made up of:

2.3.1 $234,890 awaiting consultation (Civic Centre & Glenunga Reserve).

2.3.2 $364,870 other.

2.4 Capital Expenditure on New and Upgrade Assets Projects net decrease of $1,307,630 made up of:

2.4.1 $1,109,371 awaiting consultation (Burnside Swimming Pool, Civic Centre Masterplan, Glenunga Hub and Reserve).

2.4.2 $198,259 other (mainly Brown Hill Keswick Creek Stormwater).

2.5 Amounts Received Specifically for New and Upgrade Assets (grant funding) increase of $17,000.

Purpose

1. To provide the Third Quarter Budget Update detailing all variances and adjustments to the Q2 Revised Budget and providing an updated forecast of the end of year financial result.

161

Council Agenda Item 14.5 11 June 2013 Strategic Plan


“A financially accountable and sustainable organisation”


3. Communication was undertaken with:

3.1 All Department Managers and key staff.

3.2 Finance Department.

3.3 General Managers and CEO.

Statutory



Local Government (Financial Management) Regulations, 2011

Australian Accounting Standards

Policy

5. There are no Policy implications or requirements associated with the recommendation.

Risk Assessment

6. The monitoring of actual results against budget and the update of a full year forecast / revised budget is essential to ensure that the City of Burnside remains a financially accountable and sustainable organisation.

Finance

7. The Local Government Association (LGA) has produced the LGA ‘Financial Sustainability’ Information Paper No. 25: Monitoring Council Budget Performance (Revised January 2012). The Paper identifies a Budget Update report (at least twice per year).

8. The Budget Review has followed the Paper’s recommended Budget Review Template and provides a high level summary of the operating and capital activities of the Council and the proposed adjustments which are contained in Attachment A.

9. The proposed adjustments are made to update the ‘Q3 Revised Full Year Budget’. The proposed adjustments are based upon the review of income and expenditure variances at March quarterly budget meetings with Departmental Managers.

10. At the end of the 2011/12 Financial Year, Council received a prepayment of two quarters of the 2012/13 Financial Assistance Grant (FAG). These were deducted from Council’s 2012/13 grant payments. The revised budget for the FAG is therefore

162


$787,085 which includes Supplementary Local Road Funding of $204,214. The grant is paid quarterly and the final instalment of $196,769 was received on 20 May 2013.

As announced in the 2013/14 Budget, a government decision was made to bring forward the first two quarter payments of the 2013–14 FAGs allocation into 2012/13 so local government has immediate use of these funds and to provide flexibility and support to local governments. The Bring forward allocations will be published following Ministerial approval and as such has not been included in the ‘Q3 Revised Full Year Budget’.

11. The summary refers to an overall increase in operating deficit of $282,052 consisting of:

11.1 Decreased Operating Income totaling ($96,039) mainly as a result of reduced Parking Fines, Development Act Fees and Investment Interest partially offset by increased Worker Compensation Reimbursements, User Charges and Net Gains from East Waste and Eastern Health Authority as detailed in Attachment B;

11.2 Increased Operating Expenditure adjustments totaling $186,013 mainly as a result of increased Workcover cost, higher Electricity and Water costs, a reduction in Capitalised Salaries and a Net Loss from Highbury Landfill partially offset by lower Finance Costs as detailed in Attachment C; and

11.3 An increase of $17,000 received in Amounts Received Specifically for New and Upgraded Assets relating to a capital contribution for Kingsley Reserve Tennis Club as shown in Attachment E.

12. A decreased expenditure on Renewal and Replacement of Existing Assets Projects of $599,760 is shown in Attachment D. These expenditure reductions do not impact the capital expenditure included in the 2013/14 Draft Annual Budget.

13. A decreased Capital Expenditure on New and Upgrade Assets Projects of $1,307,630 is shown in Attachment D. This expenditure relates to Brown Hill Keswick Creek Stormwater project, Burnside Swimming Centre improvements, Glenunga Hub and Reserve drainage and the Civic Centre Masterplan. These delayed projects have been fully funded in the Draft 2013/14 budget which is currently on consultation.

14. A detailed listing of all Capital Expenditure Projects is provided in Attachment F, showing the 2012/13 Adopted Budget, the Full-year Revised Budgets for Q1 and Q2, the requested adjustments for Q3, the proposed Full-year Revised Budget for Q3 and the year to date actual expenditure for April. This highlights the $4.222m of capital expenditure that Council has forecast for May and June.

15. The summary in Attachment A illustrates that with the adoption of the proposed adjustments, a revised net operating budget deficit of $291,000 is budgeted.

16. An update on the Asset Revaluation Project will be provided to the Audit Committee on 5 June 2013. At the time of this report, the outcome of the project cannot be quantified and as such, has been excluded from the Q3 adjustments. The project is now expected to be completed in early June in time for HLB Mann Judd to review the valuation methodologies and depreciation calculations.

17. The Administration will continue to work to maximise resources within the 2012/13 adopted budget and provide a further update on the budget progress within the monthly CEO Report.

18. The overall City of Burnside budget is currently tracking well and is on track to meet the adopted budget including factoring in the major variations to grant funding and the net effect of the adoption of the Parking Policy. The original adopted budget was for a Net

163


Operating Deficit of approximately $709,000 and we are currently forecasting a Net Operating Deficit of $291,000 (an improvement of $418,000).

19. It is recommended that Council adopt the provided adjustments.

164

CITY OF BURNSIDE Attachment A

Budget Update - Third Quarter FOR THE YEAR ENDING 30 JUNE 2013

2012/13 2012/13 2012/132012/13 Approved 2012/13 Requested Q3Adopted Variations Revised Q3 RevisedBudget to Budget Q2 Budget Variations Budget

Full Year Full Year Full Year Full Year$'000 $'000 $'000 $'000 $'000

NoteOPERATING ACTIVITIES:

Operating Income 1 37,679 43 37,722 (96) 37,626 Less: Operating Expenses 2 38,572 163 38,735 186 38,921 Operating Surplus / (Deficit) (a) (893) (120) (1,013) (282) (1,295)

CAPITAL ACTIVITIES:

Net Outlays on Existing AssetsCapital Expenditure on Renewal and Replacement of Existing Assets 3 7,900 (69) 7,831 (600) 7,231 Less: Depreciation, Amortisation & Impairment 8,800 - 8,800 - 8,800 Less: Proceeds from Sale of Replaced Assets 4 (24) 36 12 - 12 Net Outlays on Existing Assets (b) (876) (105) (981) (600) (1,581)

Net Outlays on New and Upgraded AssetsCapital Expenditure on New and Upgraded Assets 3 5,550 (1,563) 3,987 (1,308) 2,680 Less: Amounts Received Specifically for New and

Upgraded Assets 4 208 767 975 17 992 Less: Proceeds from Sale of Surplus Assets - - - - - Net Outlays on New and Upgraded Assets (c) 5,342 (2,330) 3,012 (1,325) 1,688

Capital Reserves (d) 5 4,789 (2,789) 2,000 (2,000) -

Net Lending / (Borrowing) for the Financial Year(a)-(b)-(c)+(d) (570) (474) (1,044) (358) (1,402)

Statement of Comprehensive Income - Net Operating Surplus / (Deficit) 6 (709) 683 (26) (265) (291)

Snapshot



On track cash flow

On track for Forecated Surplus Budget

Notes1. Operating Income - Proposed Adjustments - Attachment B2. Operating Expenditure - Proposed Adjustments - Attachment C3. Captial Expenditure - Proposed Adjustments - Attachment D4. Amounts Received Specifically for New & Upgraded Assets and Asset Disposal & Fair Value Adjustments - Attachment E5. Capital Reserves to be fully utilised on 2012/13 capital expenditure6. Budget Surplus / Deficit - It is currently forecast that Council will finish the financial year with a

Net Operating Deficit of $291,000 assuming the following:a) The 2013/14 Financial Assistance Grant advanced payment will not be received by 30 June 2013;b) Depreciation expense is in line with budget. March YTD expenditure was $704k below budget however the actual depreciation expense will be determined by the outcome of the asset revaluation exercise.

165

biskup

Attachment A

Attachment BNote 1: Operating Income

Proposed Adjustments - Third Quarter Budget Review Amount Amount

$ $

Rates

Consisting mainly of a reduction in Appeals & Objections, $3k and an increase in Fines & Interest, $10k. 13,000

Statutory charges

Consisting mainly of increased compliance with Dog Registration fees, $8.7k, proactive enforcement of Hills Face Zone clearance fees, $1k and increased Animal Control - Expiation Notices, $4k. 13,700

These are offset by a reduction in Parking Fines due to increased compliance and awareness in the general public ($209k), reductions in Section 12 Real Property Act Fees ($2k) and Development Act Fees ($43k) due to a weaker property market leading to less fees being received. (254,000) (240,300)

User charges

Consisting mainly of an increase in Swimming Centre income due to higher level of attendance $26k, increased Waste Collection Charges from additional bins supplied to households $21k, increased S187 Rates Searches $15k, increased Traffic Investigation income $10k and other minor increased charges of $11.8k. 83,810

These are offset by a reduction in User Charges for the Community Program ($7.5k), Car Based Transport Program ($4.3k), Lunch Program & Catering ($3k) and Pepper St Art Centre ($7.5k) due to a reduced use of the facilities. (22,300) 61,510

Grants, subsidies and contributions

Consisting of an increased grant to complete the program for the Proceeds Of Crime Act of $3.7k, a new grant for Caring For Our Community - Grey Box protection of $6k and offset by the non receipt of the Youth Program grant ($2k). 7,657

Investment incomeA reduction in the Investment Interest Received is expected with the projected use of invested funds for capital expenditure. (102,000)

Reimbursements

Consisting mainly of an increase in reimbursements for Worker Compensation reimbursements of $86.8k, reimbursements from the National Disater Resilience Fund for Danthonia Reserve of $10k and other reimbursements of $8.2k due to increased usage. 104,680

These are offset by a reduction in reimbursement for Verge Maintenance ($24.5k), Community Transport ($2.3k) and Animal Control ($1.2k) due to reduced usage of services and a reduction in the reimbusement of Development Act fees ($7.5k) due to reduced planning activity. (35,500) 69,180

Other income

Consisting mainly of an increase in other income for Customer Service of 7k offset by a reduction in the Workers Compensation rebate ($5.6k). 1,384

Net Gain - Joint Ventures & AssociatesEastern Health Authority 11,642Eastern Waste Management Authority 81,888

93,530

Total Operating Income Reduction Adjustments (96,039)

166

biskup

Attachment B

Attachment CNote 2: Operating Expenditure


$ $ Emp costs

Employee Costs

Employee Costs are increased mainly consisting of Regulatory Services Admin, $36k, Depot Operational - Workcover cost $70k, Customer Service, $16k, Information Systems Admin, $19.4k, Records Management, $13k, Burnside Library, $6.1k and other $1k. 161,550

Employee Costs are further offset by a reduction of Capitalised Salaries for Engineering Services Admin ($8.5k), and Office of the CEO ($121k) and increase for Discretionary Projects - Engineering of $3.5k. (The reduction in the capitalisation of salaries has the effect of reducing capital expenditure and increasing operating expenses). 125,691 287,241

Materials, contracts & other expenses

Contractors, Temporary Staff and Consultants decreased expenditure - Strategic Plan Review ($40k), Parking Control ($36k), Street Lighting ($10k), Corporate Training ($10k), Community Transport ($5k), Miscellaneous Minor Construction Work ($5k), Electronic Waste Recycling Program ($4.5k), Linemarking - Streets & Roads ($4k), Youth Program ($2k), and other ($1k). (117,500)

Contractors, Temporary Staff and Consultants offset by increased expenditure - Engineering Services Admin $47k, Brownhill / Keswick Creek Stormwater $44k. Note: Total revised budget = $84k (Administration $64k and Stormwater Management Plan $20k), Finance $30k, Swimming Pool Operating $12.5k, National Disater Resilience Fund for Danthonia Reserve $10k, Lunch Program & Catering $9k, Playground Upgrades - Minor Operational $8.4k, Traffic Investigation $8k, Parks Maintenance - Wading Pool $8k, Development Assessment Admin $6.5k, Caring For Our Community Grey Box protection $6k, Burnside Library $4.8k, Drainage Maintenance $4.8k, Community Engagement Admin $14k and other $3.5k.

216,589

Electricity Charges increases for Property Administration $25k, Park Maintenance - Irrigation $28k and Street Lighting $36k, as well as Water Consumption for Property Administration of $15k based on actuals. 104,000

Legal Expenses are increased mainly for Animal Control $17k, Engineering Services Admin $5k and Community Centre Activities $1.5k and offset by a reduction in Regulatory Services Admin ($4k). 19,500

Operating Leases Expense for Animal Control is reduced due to a leased vehicle being replaced with a council owned vehicle. (10,000)

167

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Attachment C

Attachment CNote 2: Operating Expenditure


$ $ Emp costs

Materials, contracts & other expenses (cont.)

Other Expenses reduced mainly for - Corporate Training ($30k), Records Management postage ($23.5k), GM - Community & Development Services stationery ($20k), Lunch Program & Catering materials ($10k), Burnside Library materials ($9.2k), GM - Urban Services catering ($8.5k), Domestic Bin Maintenance materials ($8.3k), Parks Maintenance - Wading Pool materials ($8k) Information Systems Admin materials ($5k), and ($42.5k) of small variances less than $5k each. (164,976)

Other Expenses increased mainly for - Human Resource Management corporate uniforms $11k, Patawolonga Water Catchment contribution $10k Strategic Plan Review subscription $8.6k, Office of the CEO paper $4.7k, Development Assessment Panel training $4.4k, Finance publication & printing $4.2k, and $12.2k of small variances less than $5k each. 55,107

Bank Fees & Charges are reduced due to a reduction in Merchant Fees. (13,000) 89,720

Finance costs

Adjusted in line with projected reduced borrowings. (270,000)

Net Loss - Joint Ventures & AssociatesHighbury Landfill Authority ($156,831) x 50.406% 79,052

Total Increased Operating Expenditure Adjustments 186,013

Total Operating surplus / (deficit) adjustments (282,052)

168

Attachment D

Note 3: Capital Expenditure on Renewal and Replacement of Existing AssetsProposed Adjustments - Third Quarter Budget Review

Amount$

Decreased Capital Projects (Renewal and Replacement) Expenditure Adjustments

1 Burnside Community Centre Dividing Wall Partition (Stage 2) (3,000) 2 Burnside Community Centre Vinyl Flooring and Painting (50,543) 3 Civic Centre - Offices (170,890) 4 Depot Workshop (4,000) 5 Drainage Capital 2012-13 (note C9142 approved Q3 decrease $120,000) (86,423) 6 Footpath Capital 2012-13 (note C9142 approved Q3 decrease $120,000) (87,864) 7 Glenunga Reserve (Webb Oval) Irrigation Upgrade (64,000) 8 Guardrail Installation - Mt Osmond Road (20,000) 9 Kerb Capital 2012-13 (note C9142 approved Q3 decrease $80,000) (140,160)

10 Plant Replacement - Capital (13,440) 11 Road Sealing Capital 2012-13 (note C9142 approved Q3 decrease $115,000) (55,484) 12 Toy Library Relocation (15,341) 13 Tusmore Wading PoolPump Replacement (364)

Total - Decreased Capital Projects (Renewal and Replacement) Expenditure Adjustments (711,509)

Increased Capital Projects (Renewal and Replacement) Expenditure Adjustments

14 Community Garden Development Chapel St 2,285 15 Erosion Repairs - Rochester Street Culvert 6,000 16 Road Pavement Capital 2012-13 9,555 17 Skye Bushfire Water Tank 4,136 18 Traffic Capital 2012-13 (note C9142 approved Q3 increase $100,000) 72,773 19 Tusmore Book Mart 17,000

Total - Increased Capital Projects (Renewal and Replacement) Expenditure Adjustments 111,749

Total decreased Capital Expenditure on Renewal and Replacement of Existing Assets (599,760)

Note 3: Capital Expenditure on New and Upgraded AssetsProposed Adjustments - Third Quarter Budget Review

Amount$

Decreased Capital Projects (New and Upgrade) Expenditure Adjustments

1 Alexandra Avenue and Prescott Terrace Irrigation Upgrade (9,709) 2 Auldana Drainage Reserve Walking Trails Linkage (7,000) 3 Brown Hill Keswick Creek Stormwater Project (200,000) 4 Burnside Swimming Centre Improvements (249,450) 5 Civic Centre Masterplan implementation (303,950) 6 Glenunga Hub (449,621) 7 Glenunga Reserve (Webb Oval) Drainage Project (106,350) 8 Sport & Recreation Strategy 2012-2022 (20,000)

Total - Decreased Capital Projects (New and Upgrade) Expenditure Adjustments (1,346,080)

Increased Capital Projects (New and Upgrade) Expenditure Adjustments

8 3 Bin Food Waste & Recycling Kerbside Waste Man. Service 259 9 Alexandra Ave/Prescott Tce War Memorial - Replace Trees 9,250

10 Kingsley Ave Reserve and Sydney Street Reserve Master Plan 28,941

Total - Increased Capital Projects (New and Upgrade) Expenditure Adjustments 38,450

Total decreased Capital Expenditure on New and Upgraded Assets (1,307,630)

Total decreased Capital Expenditure (1,907,390)

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Attachment D

Attachment E

Note 4:Amounts Received Specifically for New & Upgraded AssetsAsset Disposal & Fair Value AdjustmentsProposed Adjustments - Third Quarter Budget Review

Amount$

Increased Amounts Received Specifically for New & Upgraded Assets

1 Additional Capital fundingCapital contribution received for Kingsley Reserve Tennis Club. 17,000

Total - Amounts Received Specifically for New & Upgraded Assets 17,000

Total Statement of Comprehensive Income Adjustments - surplus / (deficit) (265,052)

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Council Agenda Item 14.6 11 June 2013 Item No: 14.6 To: Council Date: 11 June 2013 Author: Leonie Scriven, Principal Strategy Officer Contact: 8366 4140 Subject: ANNUAL COMMUNITY SURVEY 2013 FINAL PROJECT REPORT Attachments: A. Annual Community Survey 2013 Questionnaire

B. Summary of the Annual Community Survey 2013 Results Information Document Report

C. Annual Community Survey 2013 Harrison Research Consultants Report

D. Annual Community Survey 2013 Harrison Research Project Presentation

E. Annual Community Survey 2013 Community Information Flier (Attachments provided under separate cover)

Prev. Resolutions: C8731, 12/6/12 C8923, 13/11/12 C9001, 29/1/12 C9002, 29/1/12



2. That the Council continues to undertake an Annual Community Survey by the method of a statistically valid telephone survey.

3. That the Questionnaire to be used in future Community Surveys be compatible with the previous year’s questionnaire to enable trend analysis, but enhanced to address any concerns.

4. That Council undertakes the next Community Survey in February 2014.

Purpose

1. To provide Council with a summary of the Annual Community Survey 2013 results.

2. To provide Council with the final consultants’ report for the 2013 Annual Community Survey.

3. To provide a review of the project and to provide recommendations for future Community Surveys.

Strategic Plan


“Our community is actively engaged and involved in shaping the City’s future”

“Representation that is ethical, respectful, transparent, and instils confidence, reflecting the best interests and values of the community”

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“Cost effective, leading edge technologies that deliver efficient council services to benefit the community”


Communications and Consultation

5. The following communication and or consultation activities have been undertaken.

5.1. The Executive Team and Manager Community Engagement and Elected Members have been consulted throughout the project.

5.2. The Administration has consulted with expert market research company, Harrison Research, on the methodology of the survey and development of the questionnaire.

5.3. The Administration has contacted 17 other South Australian Metropolitan Councils to identify which councils have conducted similar community surveys (not including Annual Business Plan surveys) and collated data on their methods, costs and providers. This information was summarised in the Council Report dated 29 January 2013.

5.4. Elected Members were contacted using email in late December 2012 and were asked to provide ideas for suggested topics for Part B of the survey questionnaire. Four separate topics were received.

5.5. A workshop was held for Elected Members on 7 January 2013 to finalise the survey questionnaire. The final questionnaire as used by Harrison Research to conduct the random telephone survey is included as Attachment A.

5.6. Further clarification from Elected Members was sought in January 2013 as per Council Resolution (C9001) “That the questions for part B of this annual survey be circulated to elected members for comment prior to the survey taking place”.

5.7. The actual survey was undertaken between 11 February and 19 February 2013.

5.8. An Information Document (refer Attachment B) was provided to Elected Members on 14 March 2013 which highlighted the key findings of the survey, as extracted and summarised from the Consultants Preliminary Draft Report. Refer Attachment C for the Final Consultants Project Report.

5.9. An Elected Member workshop was held on 4 April 2013, where Harrison Research presented the findings of the survey and gave Elected Members the opportunity to ask questions and raise issues (refer Attachment D).

5.10. An Elected Member workshop was held on 18 April 2013, where the General Manager Corporate Services presented the draft Annual Business Plan and Budget for 2013/14. The presentation included a graphical comparison of budget spend to survey results and a discussion on how the four most recommended services for consideration are proposed to be funded in 2013/14.

5.11. A Community Information Flier about the Annual Community Survey 2013 project has been developed and upon approval of the Chief Executive Officer has been posted on the City of Burnside website to provide results of the consultation to the community in accordance with the Public Consultation Policy (refer Attachment E).

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Council Agenda Item 14.6 11 June 2013 Statutory

6. The following legislation is relevant:

Local Government Act 1993

7. Under the Local Government Act 1999, functions of a Council include:

7.1. to plan at the local and regional level for the development and future requirements of its area;

7.2. to provide services and facilities that benefit its area, its ratepayers and residents, and visitors to its area (including general public services or facilities (including electricity, gas and water services, and waste collection, control or disposal services or facilities), health, welfare or community services or facilities, and cultural or recreational services or facilities);

7.3. to provide for the welfare, well-being and interests of individuals and groups within its community;

7.4. to take measures to protect its area from natural and other hazards and to mitigate the effects of such hazards;

7.5. to manage, develop, protect, restore, enhance and conserve the environment in an ecologically sustainable manner, and to improve amenity;

7.6. to provide infrastructure for its community and for development within its area (including infrastructure that helps to protect any part of the local or broader community from any hazard or other event, or that assists in the management of any area);

7.7. to promote its area and to provide an attractive climate and locations for the development of business, commerce, industry and tourism;

7.8. to establish or support organisations or programs that benefit people in its area or local government generally;

7.9. to manage and, if appropriate, develop, public areas vested in, or occupied by, the council;

7.10. to manage, improve and develop resources available to the council;

7.11. to undertake other functions and activities conferred by or under an Act.

8. Under the Local Government Act 1999, a Council must also act to uphold and promote observance of the following principles in the performance of its roles and functions:

8.1. to plan at the local and regional level for the development and future requirements of its area;

8.2. provide open, responsive and accountable government;

8.3. be responsive to the needs, interests and aspirations of individuals and groups within its community;

8.4. manage its operations and affairs in a manner that emphasises the importance of service to the community;

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8.5. seek to ensure that council resources are used fairly, effectively and efficiently;

8.6. seek to provide services, facilities and programs that are adequate and appropriate and seek to ensure equitable access to its services, facilities and programs;

8.7. achieve and maintain standards of good public administration; and

8.8. ensure the sustainability of the council’s long-term financial performance and position.

9. The ratepayers perspective on the Council’s delivery of these Local Government Act 1999 functions and principals can be researched using techniques such as community surveys undertaken by methodologies including random telephone surveys.

Policy

10. The following Council Policy is relevant in this instance:

Public Consultation Policy 2013

11. The International Association of Public Participation (IAP2) Public Participation Spectrum, which is referenced in the Community Engagement Policy, is also relevant.

Risk Assessment

12. The City of Burnside Strategic Community Plan Be the Future of Burnside 2025 has many desired outcomes. One key desired outcome would be achieved when “Our community is actively engaged and involved in shaping the City’s future.

13. The undertaking of an Annual Community Survey is one of many tools that can be used to enhance the community input into the planning of council business and future years annual budgets.

Finance

14. The 2012/13 inaugural Annual Community Survey required $45,000 for the project to be delivered. This was partially offset by not participating in the LGA Roy Morgan Survey, which costs $15,280.

15. Council has now provisionally identified the Annual Community Survey project as a new operational project to be included in the budget in future years.

16. In 2013/14, the project has been allocated a budget of $50,000.

17. The results of the Annual Community Survey have been considered in the development of the 2013/14 Annual Business Plan and Budget, as discussed in more detail in this report and at the Elected Member workshop on 18 April 2013.

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Discussion

Background

18. On 12 June 2012, Council resolved (C8731):

1. That a Report (including costing) be prepared for Council’s consideration on the implementation of an annual Community Survey of ALL residents (including business operators) within our City seeking their views on Councils performance and delivery of services.

1.1 That the report consider the elements of the Annual Community Survey e.g.:

1.1.1. a hard copy self-completion survey to All residents (including business operators);

1.1.2. survey via membership of the online community panel; and

1.1.3. a random telephone survey.

1.2 That the Report consider survey questions in relation to the to four main elements:

1.2.1 service awareness, usage and value;

1.2.2 satisfaction;

1.2.3 performance; and

1.2.4 other specific matters that Council deems appropriate.

2 That the Report consider information gathered from the Community Survey be incorporated into Councils decision-making processes and provide Council with an overall feel for the community's views on a range of issues that confront Council from time to time.

19. On 13 November 2012, Council resolved (C8923):


2. That Council supports the concept of an Annual Community Survey with the first to be undertaken in February 2013.

3. That funding of $45,000 for the Annual Community Survey be provided in the current 2012/13 Budget.

20. On 11 December 2012, Council resolved (C8968):


2. That a further report be prepared for the 29 January 2013 meeting refining the matters in this report including contacting other Local Government Councils that conduct similar surveys and taking into account comments made by Elected Members.

3. That a workshop on this matter be conducted in January 2013 prior to 29 January 2013 meeting of Council.

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Council Agenda Item 14.6 11 June 2013 21. On 29 January 2013, Council resolved (C9001):


2. That the Council undertakes the Annual Community Survey in February 2013 using a statistically valid random telephone survey of 800 residents, using a single questionnaire (part A questions Attachment A page 70 of Council Agenda dated 29 January 2013, and part B questions).

3. That Council does not participate in the annual Local Government Association ‘Roy Morgan’ survey in 2013.

4. That the Administration advertise the survey in the next edition of the Around Burnside column and on Council’s website to ensure that the community is aware that Council is undertaking the survey.

5. That the Council Administration review the 2013 Annual Community Survey at the end of the project and provide recommendations to Council for future Annual Community Surveys.

6. That the questions in for part B of this annual survey be circulated to elected members for comment prior to the survey taking place.

22. On 29 January 2013, Council also resolved (C9002):

1. That non-resident ratepayers be asked, by suitable means (e.g. in the next rates notice mail-out that has no other additional material included):

1.1. for their contact telephone numbers; and

1.2. for their consent to the use of those numbers by Council, its servants and/or agents for the purpose of seeking information, from time to time, from them.

2. That those telephone numbers given with the necessary consent be included on Council’s data base.

3. That the Administration liaise with its expert survey service provider/s to ensure that all statistically valid telephone surveys held incorporate non-resident ratepayers and that the relevant information in relation to those ratepayers be provided to those experts.

4. That the CEO report to Council on the matter in June 2013.

5. The requirement to incorporate the views of non-resident ratepayers will not take effect until the data base has been compiled and the methodology agreed with the said experts.

Methodology

23. With the assistance of Harrison Research and input from Elected Members, the Administration developed a survey questionnaire (refer Attachment A) based around the Strategic Community Plan “Be the Future of Burnside 2025” Strategic Directions.

24. This questionnaire was then used in a random 800 resident computer aided telephone interview (CATI) survey conducted by Harrison Research using Interviewer Quality Control Australia (IQCA) accredited interviewers, in accordance with the Market and Social Research Privacy Principles. ‘Birthday last’ technique was used to gain

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representation across life stages, then weighted to correspond with the population distributions of age and gender (ABS 2011 Census Data) and also by Wards.

25. The database of residents’ phone numbers was checked and de-duplicated against the numbers of participants in the CATI component of the three most recent projects with random telephone survey aspects, namely the Burnside Swimming Centre Community Engagement, Glenunga Reserve Community Engagement and the Sport and Recreation Activity Survey.

26. The purpose of removing the telephone numbers of residents who had recently participated in community consultation surveys was to ensure:

26.1. That respondents do not become fatigued with undertaking surveys for Council; and

26.2. An opportunity is provided for participation across as wide a cross-section of the local community as possible. Effectively a chance for someone else to provide feedback to Council.

27. The selection of telephone numbers for interviewing was still undertaken in a random manner just using a smaller selection of resident telephone numbers, which already excluded non residential ratepayers this year as previously highlighted with Council.

28. All respondents were confirmed living in within the City of Burnside.

Results of the Survey

Section A of the Questionnaire – Overall Results

29. The Annual Community Survey 2013 research revealed that the respondents to the survey representing the residents of the City of Burnside generally have a reasonably high level of satisfaction with the services provided by Council. Some services have a lower level of satisfaction, but all services can be deemed to be considered average to good.

30. Across all service performance indicators tested, the two services which attracted the overall highest satisfaction level and also registering in the very satisfied range of 8 out of 10 or higher were “providing library services” (8.3 mean score) and “presentation and cleanliness of the City” (8.0 mean score).

31. At the other end of the spectrum, three aspects rated at 5.6 mean score, these being: “financial management”, “performance of current Elected Members being transparent, ethical and reflecting the best interests and values of the community” and “providing leadership in the community”.

32. All other Performance Indicators rated within the good / quite satisfied scoring range.

33. The following bar graph at Diagram 1 shows the relative scores of all of the services which were the topic of questions in the survey.

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Council Agenda Item 14.6 11 June 2013 Diagram 1 - Total Scores for Service Themes plotted by Score received.

Total Scores for Services

0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0

Performance of current Elected Members being transparent, ethical andreflecting the best interest and values of the community

Providing leadership in the community

Financial management

Providing and maintaining footpaths

Provision and management of traffic and parking in the City

Support for local businesses

Providing services for younger residents

Consultation with and informing the community

The balance between Council rates and the services and standard ofinfrastructure provided

Providing and maintaining cycle paths and walking trails

Preparation for and support of residents for bushfire management

Providing and maintaining local roads

Water management initiatives

Overall planning of the City

Protecting the built and natural heritage

Providing active recreation opportunities,

Restoring and protecting the City's biodiversity

After hours and hazard response management

Providing and maintaining street trees

Hard waste and electronic waste management

Overall PERFORMANCE

Providing animal and pest management services

Community and cultural activities

Providing public and health services

The interactions you have with Council staff

Providing services for families

Providing passive recreation opportunities

Providing and maintaining playgrounds

Providing and maintaining parks and reserves

Providing services for older residents

Providing a community bus

Garbage and green waste management

Presentation and cleanliness of the City

Providing library services

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Respondent Suggestions for Areas to Consider for Improvement

34. The following service themes were suggested by residents as areas for Council to consider for improvement:

34.1. Footpaths need repair / more footpaths (16% of respondents suggested this theme);

34.2. Maintain / preserve heritage trees / verges (15% of respondents suggested this theme);

34.3. More hard rubbish collection (15% of respondents suggested this theme);

34.4. Council should be in touch with residents / listen and consult / better communication / notify of works projects (11% of respondents suggested this theme); and

34.5. More rubbish collection-waste green (9% of respondents suggested this theme).

Suggestions for New Services

35. Three in four respondents had nothing further to add in that they could not suggest any new services. When themes were suggested they included more:

35.1. collection of hard, electronic, hazardous and green waste. Provision of a dump location within Council area for these waste products;

35.2. emphasis on maintenance of trees, footpaths, roads, gutters and general maintenance of Council parks;

35.3. recreation facilities i.e. walking/ cycling trails, dog parks, BMX and skateboard areas;

35.4. transport / home help / facilities for elderly and people with disabilities; and

35.5. engagement with community / more information / phone service / face to face contact with Elected Members.

Suggestions for Stopping a Service

36. Only 3% of respondents provided a suggestion about a service that is currently being delivered that they perceived could be stopped. Of these comments, the community meals service was the most prominent service some respondents thought could be cut.

Council’s Overall Performance

37. One in three respondents said they were very satisfied with Council’s overall performance in the last twelve months and rated the performance 8 out of 10 or higher.

38. Score = 6.7 A score between 6 and 8 is considered ‘good or quite satisfied’. 77% responded they were satisfied with the overall performance of council. 34% responded they were very satisfied (score of 8 out of 10 and higher) with Council’s overall performance in the last twelve months.

39. Across all findings, slightly lower satisfaction and agreement levels were noted among:

39.1. Residents of Rose Park / Toorak Gardens and to a lesser extent, residents of Eastwood / Glenunga Ward; and

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39.2. Residents in the middle family life-stage aged 45 to 54 years.

Results of Correspondence Analysis of the Survey Results

40. The correspondence analysis undertaken by Harrison Research as part of reviewing the results of the survey showed that there were key areas of Council business strongly linked or ‘correlated’ to overall resident satisfaction with Council performance and service delivery.

41. This analysis revealed that six service indicators were more strongly related to overall satisfaction than others (the strongest correlation relationships are closest to 1.0).

41.1. Financial management (0.700 correlation versus 5.6 satisfaction score);

41.2. The performance of current Elected Members in being transparent, ethical and reflecting the best interests and values of the community (0.684 correlation versus 5.6 satisfaction score);

41.3. Providing leadership in the community (0.684 correlation versus 5.6 satisfaction score);

41.4. The balance between Council rates and the services and standard of infrastructure provided (0.682 correlation versus 6.2 satisfaction score);

41.5. Consultation with and informing the community (0.632 correlation versus 6.2 satisfaction score); and

41.6. The interactions residents have with Council staff (0.622 correlation versus 6.9 satisfaction score).

42. These results do not mean that all other performance indicators are not important but suggest that these six were revealed as more important to the overall satisfaction of residents.

43. As all of these indicators revolved around the Strategic Direction of a Leading, Inclusive and Connected Council, it can also be viewed as a positive outcome. That is because these elements are service oriented rather than infrastructure based and therefore small changes, such as increased communication and consultation can have an impact on residents’ perceptions of Council’s performance.

44. Focus on these aspects is likely to have an impact on resident satisfaction, which may be as simple as promoting and communicating what Council is actually doing in these areas.

Section B of the Questionnaire

45. Section B of the Questionnaire enabled Elected Members to ask the community about their opinions on topics of interest. The agreed two topics were cat management and seeking possible changes to the Australian Road Rules. The questions originated from Elected Members and the final wording was reviewed prior to use.

46. The cat management question asked of respondents was “I'd now like you to rate how strongly you agree or disagree with the following statement, using a 0 to 10 scale with 0 meaning strongly disagree and 10 meaning strongly agree. To what extent do you agree or disagree that “the City of Burnside should have a cat management approach similar to the way Council manages dogs? By this we mean registration, microchipping, desexing and limit on numbers per household?”

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Council Agenda Item 14.6 11 June 2013 47. Score = 7.7 A score between 6 and 8 is considered ‘good or quite satisfied’. The

majority of respondents 79% agree with this suggestion, 11% of respondents disagreed.

48. This result suggests there is strong support for Council to develop a cat management approach similar to the way dogs are managed. Council has begun investigating this with a report due in the second meeting in June 2013.

49. The change to the road rules question asked of respondents was “The City of Unley is seeking support to lobby State Government to change Australian Road Rules to allow parking on resident’s driveway crossover, using a permit system. To what extend do you agree or disagree that Burnside Council should support this change? “

50. Score = 5.9 A score between 5 and 6 is considered ‘average or satisfied’. Of the responses 43% strongly agreed with supporting the change, 14% agreed, 26% disagreed and 13% strongly disagreed, giving a rating score of 0.

51. This result suggests there is lower agreement that Council support neighbouring councils in lobbying State Government to change Australian Road Rules to allow parking on resident’s driveway crossover, using a permit system.

Implications for the Annual Budget Allocation Deliberations

52. Results of the survey suggest that current servicing appears to be perceived by residents to be at the right level, with few service gaps identified and minimal suggestions given for service areas perceived as over-serviced.

53. In order to review the proposed 2013/14 budget against the outcomes of the survey, an exercise was undertaken that allocated each existing or proposed budget item to a corresponding survey question as best as possible. The totals were then graphed against their related survey questions, to help compare the budget spend per budget year. This relationship can be seen in Diagram 2.

54. It is important to note that the questions were developed using the City of Burnside Strategic Community Plan “Be the Future of Burnside 2025” Strategic Directions as a guide. Therefore, not all budget items align directly to one survey question easily, some align to more than one question area and some items are costs which should be assigned to all service delivery i.e. corporate costs. Therefore there are some best guess estimations made with the data, but the general trends can still be seen.

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Council Agenda Item 14.6 11 June 2013 55. Diagram 3 shows the four most respondent recommended services for consideration

for improvement and the approximate budget expenditure assigned to these four services for the current budget year and in the 2013/2014 budget.

Diagram 3 – Four most recommended services for consideration as determined by the Annual Community Survey.

56. The chart in Diagram 3 shows less spending on garbage and green waste management in 2013/14. This is somewhat due to the increased budget in 2012/13 to make the conversion of the household garbage service to the Three Bins and a Basket System which had just been successfully implemented at the time of the survey. Next year however, there will be some savings on the garbage and green waste service due to reduction in the tonnage of landfill to pay for and other operational savings.

57. Diagram 3 also shows it is proposed in the 2013/14 budget, that additional funds will be spent on trees, consultation with and informing the community and providing and maintaining footpaths.

58. Acknowledging the resident support for further consideration of cat management similar to that of dog management in the City, a Motion on Notice calling for a report detailing a proposed By-Law and the process to implement such a measure was passed unanimously by Council on 14 May 2013 (C9154).

Inclusion of Non Residential Ratepayers in the Annual Community Survey

59. Survey telephone numbers are randomly selected from the Electronic White Pages, by suburb. In the case of non residential ratepayers, as they do not live in the City of Burnside property for which they pay rates, their home telephone number is not relatable to their Burnside property suburb.

60. Consequently, their home telephone number will not be in the possible pool of telephone numbers that could be called in the event of a random telephone survey undertaken on behalf of Council. As a result, non residential ratepayers were not included in the telephone survey in 2013.

$- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000

Providing and maintaining footpaths

Consultation with and informing the community

Providing and maintaining trees

Garbage and green waste management

Service

Budget

TOTAL 2013/2014 TOTAL 2012/2013

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Council Agenda Item 14.6 11 June 2013 61. To facilitate non residential ratepayers being included in Council random telephone

survey in future and to action Council Resolution (C9002), a notice has been added to the July City of Burnside Rates Assessment Notice.

62. This note invites non residential ratepayers to contact the Council and provide the Administration with their contact telephone number and approval to use that number in telephone consultations and communications undertaken by the Council or its authorised representative from time to time, such as the Annual Community Survey and other telephone survey consultation processes. The link provided to residents to use is http://www.burnside.sa.gov.au/Consultation

63. This non resident ratepayer information will be captured and stored electronically, using an electronic form accessible from the City of Burnside website. It will then be able to be provided to any consultant company undertaking any future telephone survey work. The number can be added to the greater Burnside resident telephone list allowing non residential ratepayers to be part of any random telephone selection survey consultation process.

Review of Survey Process

64. The relationship between the survey questions, Strategic Plan desired outcomes and budget items can be further strengthened in the development of next years survey using the additional time available to improve the project and the knowledge gained from this year’s project.

65. Survey questions were developed to align with the Burnside Strategic Community Plan Strategic Directions and were worded to focus on service delivery that residents could relate to when questioned about satisfaction with the performance of service delivery with for instance local roads, rubbish collection, parks, footpaths, library, trees etc.

66. This aspect worked well and assisted reporting in the Annual Business Plan and gave Council feedback on the level of satisfaction residents have with the current suite of services delivered for their rates as well as with actual service delivery, plus suggestions for improvements that could be considered in future.

67. The questions were however less strictly aligned to budget, mainly because many individual budget line items can relate to more than one service delivery function or question, or alternatively the budget item relates to all service delivery i.e. many corporate functions.

68. This is an aspect of the project that can be refined for the next Community Survey and if done it would allow an even greater strategic review of new project money allocations in future if desired and if time permitted.

69. The timing of the telephone survey in February did allow input of the survey results into the budget planning process. It was however a very tight turn around time for both the Administration and consultants involved in the project and restricts the analysis of the data to very simplistic levels. More time will be required by the consultant to undertake comparative year’s estimates in addition to the analysis performed this year in future years including the 2014 Survey.

70. The average length of time the survey took to be answered by respondents was 17.5 minutes. Ideally the survey would take on average less than 15 minutes.

71. A review of the questions will be undertaken to see if there are any replicates or topics which could be combined or deleted to help reduce the length of the survey questionnaire in future.

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http://www.burnside.sa.gov.au/Consultation

Council Agenda Item 14.6 11 June 2013 72. The Administration will also keep a diary note of possible ‘additional topics’ of interest

to the Council throughout the year, which can then be reviewed with Elected Members and selected individual topics developed for inclusion in the next survey questionnaire.

73. The inclusion of non-resident ratepayers in the next survey respondent pool is also required and a mechanism for their random inclusion has now been addressed as discussed earlier in this report.

Recommendations for Future Surveys

74. Council will always need to find the balance between what residents expect Council to deliver and what is appropriate and affordable for Council to provide with the income available to deliver services. Using consultative processes such as an Annual Community Survey can provide relevant and timely data, which may assist the formation of some decisions which influence Council’s service delivery and performance of that delivery.

75. The Administration recommends that the Annual Community Survey is repeated on an annual basis in preference to taking part in the Roy Morgan Survey.

76. The Annual Community Survey should ideally be undertaken as early as possible in February of each year to allow for the results to be fully utilised in all budget and project planning considerations leading up to the development of the draft annual budget for the following year.

77. Although it would be preferable to undertake the community survey in November, the next four yearly Local Government Elections will be held in November of 2014 and thus timing of the next survey if it is to be undertaken should continue to be in February.

78. The Annual Community Survey should include many of 2013 questions, to allow for year to year comparison, but be flexible enough to permit new or revised questions of relevance to Council to be included on an as needs basis.

79. Indicator questions on key areas of Council business which are strongly linked to overall resident satisfaction with Council performance and service delivery should be included as a minimum.

80. Consideration should be given to having an aspect of the survey on possibly a biannual basis focused on a selected target group(s) i.e. business ratepayers or for the purposes of informing the strategic plan development or progress reporting.

Conclusion

81. The 2013 Annual Community Survey has been successfully delivered and has provided helpful information and ideas from a statistically valid survey group of City of Burnside residents, which has then been used in the development of the 2013/14 Annual Budget and Business Plan.

82. It is recommended that the survey continue to be undertaken annually and be repeated next year in February 2014 with a similar but updated questionnaire via a random telephone survey.

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Council Agenda Item 14.7 11 June 2013 Item No: 14.7 To: Council Date: 11 June 2013 Author: Magnus Heinrich – Manager, Development Services Contact: 8366 4193 Subject: CERTIFICATE OF CONSENT FOR THE DEPOSIT OF A PLAN OF

DIVISION AT 19 NILPINNA STREET, BURNSIDE – CERTIFICATE OF TITLE REGISTER BOOK VOLUME 6030 FOLIO 846

Attachments: A. Certificate of Consent for the deposit of a plan of division for 19 Nilpinna Street, Burnside, CT 6030/846, including proposed Deposited Plan 91407

B. Encumbrance for 19 Nilpinna Street, Burnside registered 10 October 2007 Document No 10785246 registered against CT 6030/846

C. Detached Dwelling Approval dated 04 September 2012 DA 180/0383/12 ton construct a dwelling on Piece 103 CT 6030/846

D. Land Division Approval dated 07 March 2013 DA 180/0029/13 (DAC 180/D001/13), to create two allotments from one existing at 19 Nilpinna Street, Burnside, CT 6030/846



2. That the Council resolve to consent to the Deposit of the Plan of Division for 19 Nilpinna Street, Burnside.

3. That the Mayor and Chief Executive Officer be authorised to sign and affix the Council Seal to the Certificate of Consent for the Deposit of the Plan of Division (D91407) for 19 Nilpinna Street, Burnside SA 5066 as identified in Attachment A.

Purpose

1. To provide Elected Members with general background on the approved land divisions relevant to this particular matter at 19 Nilpinna Street, Burnside including the history of notations of the Encumbrance and to seek endorsement to finalise documentation to enable D91407 to be deposited at the Lands Titles Office.

Strategic Plan

2. The following Strategic Plan provisions are considered relevant:

“Encourage best practice development that reflects the desired character outcomes for each of the City’s suburbs”

“Encourage the retention of trees of significance”



3.1. Consultation with Norman Waterhouse Lawyers.

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Council Agenda Item 14.7 11 June 2013 Statutory




Real Property Act, 1886

Policy


Risk Assessment


Finance

7. There are no financial implications for the City of Burnside in respect of the recommendation.

Discussion

8. The land at 19 Nilpinna Street, Burnside is subject to an Encumbrance between the City of Burnside and the owner of that land, Ms Amanda L Swale. The Encumbrance is identified on the relevant Certificate of Title to that land as document number 107852467 (Attachment B).

9. The Encumbrance primarily seeks to protect the pond located on 19 Nilpinna Street, Burnside and the concrete stormwater culvert which passes under Hallett Road and into 19 Nilpinna Street, Burnside. Specifically, the Encumbrance states that unless the prior written approval of the Encumbrancee has been obtained, the following shall not occur:

9.1 “To carry out any earth or building works within, upon or in the immediate vicinity of the pond constructed by the Encumbrancee on the Encumbrancer’s Land which may have an effect of altering, obstructing, impeding or interrupting the flow of water from the concrete culvert which passes under Hallett Road and into the Encumbrancer’s land.”

10. The Encumbrance also requires the Encumbrancer to first obtain a binding agreement with an intending purchaser to execute and lodge for registration a Memorandum of Transfer to ensure that the same covenants and agreements are transferred to the new owner of the land in the event that the land is sold.

11. The land is identified in Certificate of Title Volume 6030 Folio 846 as Allotment comprising pieces 103 and 104, Deposited Plan 79051 in the area named Burnside Hundred of Adelaide. The two pieces (103 and 104) are physically separated by Second Creek which is located within the Council reserve known as 55A Hallett Road, Burnside.

12. The land contains a Local Heritage Place known as “Iveymead” which is recognised for the external form and fabric of the 1870 two storey stone mansion. Key features include sandstone walls, arcaded lower level, mansard roof tower, roof and verandah form, chimneys. The Local Heritage Place is wholly located on piece 103.

192

Council Agenda Item 14.7 11 June 2013 13. In April 2012, Development Application 180\0383\12 was lodged seeking the

construction of a two-storey detached dwelling to be sited wholly on piece 104. The application was granted Development Plan Consent at the September 2012 meeting of the Development Assessment Panel (refer Attachment C).

14. Shortly after consent was granted for the dwelling, a separate Development Application 180\0029\13 (refer Attachment D) was lodged seeking consent to formally separate the two pieces (103 and 104) by way of land division. This would allow each piece to be recognised as an individual allotment on separate Certificates of Title instead of two land pieces detailed on the one title. In March 2013, Development Approval was granted for this application.

15. The Applicant now wishes to deposit their Plan of Division which is the subject of Council’s land division approval granted on 07 March 2013 (refer Attachment D) pursuant to 19AB of the Real Property Act 1886. The Council has a legal interest in the land, the subject of this Plan of Division, because it is a party to the Encumbrance. It is for this reason that the Council’s consent is required to be affixed to the Certificate of Consent for the deposit of the Plan of Division.

16. The current owner of the land (the Applicant) and all subsequent owners will be bound by the terms of the Encumbrance. In providing its consent to the deposit of this Plan of Division, the Council is not waiving (or otherwise) any requirements of the Encumbrance.

17. Norman Waterhouse has advised that while the LTO has recently changed its practices to allow a delegate to execute an Encumbrance (including variations and waivers), all other Council executions in relation to LTO documents must be made under the Council’s common seal which requires a resolution of the Council pursuant to section 38 of the Local Government Act, 1999. In other words, the LTO requires that a Certificate of Consent for the deposit of a Plan of Division must be executed by affixation of the common seal pursuant to an appropriate resolution.

18. It is therefore recommended that Council resolve that it consents to the deposit of the Plan of Division and that the Mayor and the Chief Executive Officer be authorised to sign and affix the Council seal as appropriate, to the necessary documents in relation to the Certificate of Consent for the deposit of a plan of division for 19 Nilpinna Street, Burnside SA 5066, namely D91407.

193

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Attachment A

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Attachment B

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Attachment C

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Attachment D

Council Agenda Item 14.8 11 June 2013 Item No: 14.8 To: Council Date: 11 June 2013 Author: Magnus Heinrich – Manager, Development Services Contact: 8366 4136 Subject: BY-LAW – LODGING HOUSES Attachments: A. City of Unley By-Law Prev. Resolution: C9043, 26/2/13



Purpose

1. The purpose of this Report is to advise Council about the implications of introducing a By-Law in relation to lodging houses.

Strategic Plan





3.1. Advice in relation to the scope of a potential By-Law has been sought from Norman Waterhouse lawyers.

3.2. Discussions have been held with the Manager Planning at the City of Unley in relation to the operation of the City of Unley Lodging Houses By-Law.

Statutory





Policy


223

Council Agenda Item 14.8 11 June 2013 Risk Assessment

6. The following risk has been identified:

6.1 A By-Law could assist in mitigating against the risk of sub standard or overcrowded living conditions.

Finance

7. There are no financial implications associated with the recommendation. The preparation and introduction of a By-law would have financial implications associated with legal costs and public consultation. It is anticipated that the costs could be up to $10 000.

Discussion

8. In February 2013, the Council resolved:

“That the Administration prepares a Report by June 2013 that investigates the feasibility of Council introducing a Lodging House By-Law.”

9. Councils have the ability to make By-Laws in relation to certain matters. One of the matters is “for controlling, licensing, inspecting and regulating common lodging houses and other lodging houses”.

10. There are processes that must be followed before a By-Law can have effect. Some of the key process points are:

10.1 For at least 21 days, a proposed By-Law must be made available for public viewing, and notice of the proposed By-Law must be given;

10.2 The By-Law can only be made if at least two thirds of Council members are present at the relevant meeting of Council, and the resolution must be supported by an absolute majority of members;

10.3 The By-Law must be accompanied by a certificate of a legal practitioner certifying that the Council has the power to make the By-Law and that it is not in conflict with the Local Government Act, 1999;

10.4 A By-law will come into operation (as a default position) four months after the day on which it is published in the South Australian Government Gazette; and

10.5 A By-Law will expire on 1 January of the year following the year in which the seventh anniversary of the day on which the By-Law was made falls.

11. A By-Law in relation to lodging houses can have provisions for the licensing of lodging houses and the conditions for licensing.

12. The City of Unley Lodging Houses By-Law includes licence conditions that are largely centred around fire safety, although there is a revocation trigger linked with failure to meet other legislation such as the Public and Environmental Health Act and the Food Act.

13. The By-Law, while giving the Council the discretion in relation to issuing a licence for a lodging house, implies that there is a presumption that a licence will be granted if the application details are appropriate and the proposal is reasonable.

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Council Agenda Item 14.8 11 June 2013 14. Legal advice has confirmed that it would not be open to the Council to seek to ‘outlaw’

lodging houses by virtue of a By-Law provision that sought to withhold licence approvals as a matter of course.

15. Should the Council decide to make a lodging houses By-Law, legal advice would be sought in relation to what matters a By-Law could reasonably control beyond fire safety. Examples of matters that would be explored could include general tidiness, car parking, hygiene, number of people per square metre and access to kitchen and bathroom facilities.

16. For the purpose of the Unley By-Law, the term ‘lodging house’ is taken to mean “any building or part thereof let for the purpose of lodgings or board and lodgings and occupied by more than five (5) persons, including the Proprietor or the resident manager, but not including members of the Proprietor’s, or the resident manager’s family, but shall not include any building which comes within the definition of flat nor any motel, hotel, health care facility or any premises licensed under the Supported Residential Facilities Act 1992.”

17. This definition is similar and effectively the same as the definition of ‘multiple dwelling’ in the Development Regulations, for land use purposes. The Development Act, 1993 dos not define ‘boarding house’ or ‘lodging house’, but ‘multiple dwelling’ is defined as a dwelling occupied by more than five persons who live independently of one another and share common facilities within that dwelling.

18. So, if a dwelling was being used as a lodging house, it would almost certainly require a Development Approval for a change of use from the existing land use (whatever that may be) to multiple dwelling.

19. The assessment of any development application for change of land use to a multiple dwelling would concentrate on the provision for car parking. Currently, there are no Development Plan policies that are specific to multiple dwellings. The only relevant provision is the table containing desired car parking rates.

20. Other than car parking, the use is residential in nature and in residential zones, would in a generic sense, be an appropriate use of land. In a more general sense, lodging houses represent an alternative form of living, consistent with Council’s Strategic Plan which seeks housing choice.

21. A lodging house By-Law would enable Council to have a better understanding of the number and location of such facilities through the Council area. Currently, other than through the Development Approval process, knowledge is anecdotal.

22. In relation to the purpose of this report, the fundamental point is that a By-Law is feasible and would be used to manage the health and safety aspects for residents.

23. In relation to managing the permit process, it is anticipated that Regulatory Services would manage the permit process and seek advice from the Environmental Health Authority (EHA) as required as part of the process.

24. If a By-Law was made, a strategy would need to be developed to ensure lodging houses (if there are any) are made aware and comply with any licence requirements and Development Applications. This may include regular inspections by the Fire and Safety Committee, which would have financial and human resource implications.

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Council Agenda Item 14.8 11 June 2013 Conclusion

25. It is possible for the Council to develop and introduce a By-Law in relation to lodging houses. The By-Law would not be focused on banning lodging houses, but rather about ensuring a safe and clean living environment for lodgers.

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SECTION 249 LOCAL GOVERNMENT ACT 1999

CERTIFICATE OF VALIDITY I, KATE EMILIY OLIVER of Norman Waterhouse, Level 15, 45 Pirie Street, Adelaide SA 5000, being a legal practitioner within the meaning of the Legal Practitioners Act 1981, declare that I have examined the following by-law which the Corporation of the City of Unley intends to make, and do certify that in my opinion:

(a) the said Council has power to make the by-law by virtue of the following statutory provisions:

Local Government Act 1999, Sections 246(1)(a), 246(3)(a), 246(3)(c), 246(3)(f);

Local Government Act 1934, Section 667(1) paragraphs 3.XVI, 4.LIV and 9.XVI;

(b) the by-law is not in conflict with the Local Government Act 1999.

DATED the 17th day of July 2008 ............................................................................

Kate Emily Oliver, Legal Practitioner

THE CORPORATION OF THE CITY OF UNLEY

By-law made under the Local Government Act 1999

By-law No. 6 – Lodging Houses For controlling, licensing, inspecting, and regulating lodging houses. 1. Definitions

1.1 “Authorised Person” has the same meaning as in the Local Government Act 1999.

1.2 “Building” includes part of a building.

1.3 “Certificate of Registration” shall mean an original or temporary certificate of registration granted pursuant to this by-law and shall include any renewal of the certificate of registration.

1.4 “Flat” shall include any self-contained suite of rooms designed, intended or adopted for separate occupation including bathroom and sanitary conveniences provided for that occupation.

1.5 “Licence” means a licence issued under this by-law.

1.6 “Lodging House” shall include any building or part thereof let for the purpose of lodgings or board and lodgings and occupied by more than five (5) persons, including the Proprietor or the resident manager, but not including members of the Proprietor’s, or the resident manager’s family, but shall not include any building which comes within the definition of flat nor any motel, hotel, health care facility or any premises licensed under the Supported Residential Facilities Act 1992.

1.7 “Long Term Accommodation” means where lodgings are provided for more than ten (10) consecutive days.

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Attachment A

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1.8 “Persons” shall include any body or persons whether corporate or unincorporated.

1.9 “Proprietor” in relation to a Lodging House means the owner of the undertaking carried on at the Lodging House.

1.10 “Short Term Accommodation” means where lodgings are provided for less than ten (10) consecutive days.

2. Licences

2.1 A person must not let any Building for lodgings or for the purpose of board and lodgings, without a Licence granted pursuant to this by-law by the Council or such other person as the Council may authorise by resolution for that purpose.

2.2 A Licence may be issued at the discretion of the Council, and entitles the Licence holder to conduct the business of a Lodging House at the Building specified in the Licence and on the conditions set out in the Licence.

3. Licence Application Requirements

3.1 Any person who applies for a Licence for a Lodging House or to renew the Licence of an existing Lodging House must make application to the Council in the form (if any) and accompanied by the fee (if any) prescribed by the Council.

3.2 A person who applies for a Licence must, if required by the Council or such other person as the Council may by resolution authorise for that purpose, supply the Council with a sketch plan of the Building that is proposed to be used as a Lodging House which –

3.2.1 must be drawn to a scale of not less than one to one hundred;

3.2.2 must show the position, dimensions and intended use of each room or compartment; and

3.2.3 must show any other details required by the Council or such other person as the Council may by resolution authorise for that purpose.

3.3 A fire safety survey must be undertaken by the South Australian Metropolitan Fire Service in relation to a Lodging House.

3.4 A person must submit to the Council a certificate issued by the South Australian Metropolitan Fire Service stating the current fire safety standard of the Lodging House together with the application for a Licence to operate a Lodging House and any other documentation requested by the Council or such other person as the Council may by resolution authorise for that purpose.

3.5 In addition to the requirement in subparagraph 3.4 of this by-law, the Proprietor of a Lodging House must submit to the Council a certificate issued by the South Australian Metropolitan Fire Service stating the current fire safety standard of the Lodging House every three (3) years.

3.6 The Proprietor of a Lodging House must submit to the Council an application for renewal of a Licence for a Lodging House on or before 31 May in each year.

3.7 A Licence expires on 30 June in each year.

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4. Fees

4.1 A person granted a License in relation to a Lodging House under this by-law must pay to the Council an annual licence fee (if any) prescribed by the Council upon lodgement of an application for a Licence or renewal of an existing Licence.

4.2 If there are less than 12 months remaining from the date of issue of a Licence until its expiry, then the fee payable for the Licence will be reduced in proportion to the number of calendar months (including part of a month) remaining until the expiry of the Licence.

5. Licence Conditions, Revocation and Suspension

5.1 A Licence is subject to the conditions set out in the Licence.

5.2 The Council or such other person as the Council may by resolution authorise for that purpose may attach such conditions to a Licence as it thinks fit and may vary or revoke such conditions or impose new conditions at any time by notice in writing to the Licence holder.

5.3 A Licence holder must at all times comply with every such condition.

5.4 The Council or such other person as the Council may by resolution authorise for that purpose may at any time, by notice in writing to the Licence holder, revoke or suspend a Licence:

5.4.1 if the Council considers that the Building in respect of which the Licence is issued is, by reason of its condition, unsuitable to continue to be used as a Lodging House; or

5.4.2 if the Council has reasonable cause to believe that the Licence holder has committed an offence against this by-law, the Local Government Act 1999, the Public and Environmental Health Act 1987, the Food Act 2001, the Development Act 1993, or the Supported Residential Facilities Act 1992 or any other Act; or

5.4.3 if the Council considers that the Licence holder is unsuitable to continue as the Proprietor of the Lodging House; or

5.4.4 if the Licence holder breaches a condition of the Licence.

6. Alterations

6.1 A person must not, without the permission of the Council or such other person as the Council may by resolution authorise for that purpose:

6.1.1 add to or alter any Lodging House; or

6.1.2 use any part of a Lodging House for other than the purpose indicated on the sketch plan submitted under paragraph 3 of this by-law or otherwise specified by the Council or such other person as the Council may by resolution authorise for that purpose.

7. Inspections

7.1 A person must not hinder or obstruct an Authorised Person of the Council either alone or in the company of another person from undertaking an inspection of a Lodging House.

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7.2 Every lodger of a Lodging House must allow access to his or her room to any Authorised Person of the Council for the purposes of inspecting the room.

The foregoing by-law was duly made and passed at a meeting of the Council of the Corporation of the City of Unley held on the 28th day of July 2008 by an absolute majority of the members for the time being constituting the Council, there being at least two thirds of the members present. ………………………………………… Mr Ray Pincombe Chief Executive Officer

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Council Agenda Item 14.9 11 June 2013 Item No: 14.9 To: Council Date: 11 June 2013 Author: Nigel Morris – General Manager, Corporate Services Contact: 8366 4220 Subject: PUBLIC MINUTES OF CEO RECRUITMENT, PERFORMANCE

APPRAISAL AND REMUNERATION REVIEW COMMITTEE MEETING – 27 MAY 2013 AND 3 JUNE 2013

Attachments: A. Public Minutes of CEO Recruitment, Performance Appraisal and Remuneration Review Committee held on 27 May 2013

B. Public Minutes of CEO Recruitment, Performance Appraisal and Remuneration Review Committee held on 3 June 2013

Prev. Resolution: N/A


That the Public Minutes of the CEO Recruitment, Performance Appraisal and Remuneration Review Committee held on 27 May 2013 and 3 June 2013 be received.

Purpose

To provide the Council with a copy of the Public Minutes of the CEO Recruitment, Performance Appraisal and Remuneration Review Committee held on 27 May 2013 and 3 June 2013.

231

A

CEO Recruitment, Performance Appraisal and Remuneration Review Committee

Minutes

Monday 27 May 2013 at 6.30 pm

Boardroom, Civic Centre, 401 Greenhill Road, Tusmore

Members Present: Mayor David Parkin, Councillors Piggott and Cornish

Consultants Andrew Sullivan and Andrew Read from Hender Consulting were in attendance.

Apologies

Nil

Leave of Absence Councillor Pocock

Confirmation of Minutes Councillor Cornish moved:

CP0210 That the minutes of the CEO Recruitment, Performance Appraisal and Remuneration Review Committee meeting held on 18 March 2013 be taken as read and confirmed. Seconded by Councillor Piggott CARRIED

Correspondence Nil

Business Arising from the Last Meeting

Nil

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CEO Recruitment, Performance Appraisal And Remuneration Review Committee Minutes 27 May 2013

2

Quarterly Report to Council Nil

Other Business

CEO Performance Appraisal Report (8.1) Councillor Cornish moved:

CP0211 Pursuant to section 90(2) of the Local Government Act 1999 the Council orders the public be excluded, with the exception of the Elected Members of the City of Burnside, Minute Taker and General Manager, Corporate Services on the basis that it will receive and consider the Item 8.1 ‘CEO Performance Appraisal Report’ and that the Council is satisfied that the principle that the meeting should be conducted in a place open to the public has been outweighed in relation to the matter because pursuant to section 90 (3) (a) of the Act, it relates to information, concerning the personal affairs of the Chief Executive Officer, in that details of his performance will be discussed and would, on balance, be contrary to the public interest. Seconded by Councillor CARRIED Councillor Piggott moved:

CP0212 1. Confidential Resolution 2. Confidential Resolution

3. Confidential Resolution Seconded by Councillor Cornish CARRIED Councillor Cornish moved:

CP0213 That having considered Agenda Item 8.1 ‘CEO Performance Appraisal Report’ in confidence under section 90(2) and (3) of the Local Government Act 1999, the Committee, pursuant to section 91(7) of that Act orders that the attachments and minutes relevant to Agenda Item 8.1 be retained in confidence for a period of 24 months and that this order be reviewed every 12 months. Seconded by Councillor Piggott CARRIED

233

CEO Recruitment, Performance Appraisal And Remuneration Review Committee Minutes 27 May 2013

3

Next Meeting That the next meeting will be held on Monday 3 June 2013 at 5.30 pm in the

Boardroom, Civic Centre, 401 Greenhill Road, Tusmore. Closure

The meeting closed at 7.35 pm.

234

B

CEO Recruitment, Performance Appraisal and Remuneration Review Committee

Minutes

Monday 3 June 2013 at 5.31 pm

Boardroom, Civic Centre, 401 Greenhill Road, Tusmore

Members Present: Mayor David Parkin, Councillors Cornish, Piggott and Pocock

In Attendance Paul Deb, Chief Executive Officer and Andrew Sullivan and Andrew Read from Hender Consulting were in attendance.

Apologies

Nil

Leave of Absence Nil

Confirmation of Minutes Councillor Cornish moved:

CP0214 That the minutes of the CEO Recruitment, Performance Appraisal and Remuneration Review Committee meeting held on 27 May 2013 be taken as read and confirmed. Seconded by Councillor Piggott CARRIED

Correspondence Nil

Business Arising from the Last Meeting

Nil

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CEO Recruitment, Performance Appraisal And Remuneration Review Committee Minutes 3 June 2013

2

Quarterly Report to Council Nil

Other Business

CEO Performance Appraisal Report (8.1) Councillor Cornish moved:

CP0215 Pursuant to section 90(2) of the Local Government Act 1999 the Council orders the public be excluded, with the exception of the Elected Members of the City of Burnside, Paul Deb, Chief Executive Officer, Andrew Sullivan and Andrew Read from Hender Consulting and Minute Taker, on the basis that it will receive and consider the Item 8.1 ‘CEO Performance Appraisal Report’ and that the Council is satisfied that the principle that the meeting should be conducted in a place open to the public has been outweighed in relation to the matter because pursuant to section 90(3)(a) of the Act, it relates to information, concerning the personal affairs of the Chief Executive Officer, in that details of his performance will be discussed. In addition, it is considered that the matter would be, on balance, contrary to the public interest. Seconded by Councillor Pocock CARRIED Councillor Piggott moved:

CP0216 1. Confidential Resolution.

2. Confidential Resolution.



Seconded by Councillor Cornish CARRIED Councillor Piggott moved

CP0217 1. Confidential Resolution.

2. Confidential Resolution. Seconded by Councillor Cornish CARRIED

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CEO Recruitment, Performance Appraisal And Remuneration Review Committee Minutes 3 June 2013

2

Councillor Pocock moved:

CP0218 That having considered Agenda Item 8.1 ‘CEO Performance Appraisal Report’ in confidence under section 90(2) and (3) of the Local Government Act 1999, the Committee, pursuant to section 91(7) of that Act orders that the attachments and minutes relevant to Agenda Item 8.1 be retained in confidence for a period of 24 months and that this order be reviewed every 12 months. Seconded by Councillor Cornish CARRIED Next Meeting

That the next meeting will be held on Wednesday, 12 June 2013 at 5.30 pm in the

Boardroom, Civic Centre, 401 Greenhill Road, Tusmore. Closure

The meeting closed at 6.46 pm.

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Notice of Council Meeting · 6/11/2013 · Council Agenda 11 June 2013 9. Petitions and Memorials...

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