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Council Agenda 8 August 2017

Notice of Council Meeting

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

COUNCIL

of the

CITY OF BURNSIDE

will be held in the Council Chamber401 Greenhill Road, Tusmore

on

Tuesday 8 August 2017at 7.00 pm

Paul DebChief Executive Officer

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Council MeetingAgenda

8 August 2017 at 7.00 pmCouncil Chamber

401 Greenhill Road, Tusmore

Members: Mayor David ParkinCouncillors Bagster, Bills, Cornish, Davey, Davis, Ford, Lemon,Lord, Monceaux, Osterstock, Piggott and Wilkins

1. Opening Prayer

2. Acknowledgement of those who gave their life for this Country andacknowledgement of Traditional Owners

3. Apologies

4. Leave of Absence

Nil

5. Confirmation of Minutes

Recommendation

That the Minutes of the meeting of Council held on 25 July 2017 be taken as readand confirmed.

6. Mayor’s Report p13

7. Reports of Members, Delegates and Working Parties

8. Deputations

Nil

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9. Petitions

Nil

10. Questions on Notice

10.1 Use of private email accounts

Councillor Osterstock asked the following questions on notice:

1. Based on professional legal advice, what are the potential legalimplications for Elected Members who choose to use their private emailaccount/s when conducting Council business?

2. What are the range, including an outline of, the potential offences,penalties and civil proceedings that an Elected Member could potentiallybe susceptible to and/or face should they continue to consistently anddeliberately use a private email account/s for undertaking Councilbusiness and or duties?

3. What are the range, including an outline of, the potential offences,penalties and civil proceedings that an Elected Member could potentiallybe susceptible to and/or face should they continue to consistently anddeliberately use a private email account/s for undertaking Councilbusiness and or duties?

4. Section 8 of the Local Government Act, 1999 [Principles to be observedby a Council] prescribes that a Council must act to uphold and promoteobservance to a variety of principles in the performance of its roles andfunctions. Section 59 of the Local Government Act, 1999 [Roles ofMembers of Councils] prescribes the roles and functions of an ElectedMember of a Council. In terms of Elected Members choosing to use theirprivate email account/s when conducting Council business, and should aCouncil adopt a policy position that indirectly enables this to occur bydetermining that Elected Members should not undertake such activity asopposed to must not, is such a policy position consistent and inobservance with the principles as detailed in Section 8 of the LocalGovernment Act, 1999 and the requirements placed on ElectedMembers by virtue of Section 59 of the Local Government Act, 1999? Ifnot, why not?

10.2 Confidential Information, Workplace, Health and Safety, Conflict ofInterest


1. What are the obligations (legal or otherwise) on Elected Members whenit comes to managing confidential Council information and what are thelegal consequences for Elected Members who choose to discloseconfidential Council information to external third parties?

2. Workplace bullying and harassment is a risk to health and safety. It canoccur wherever people work together in all types of workplaces. It is bestdealt with by taking steps to prevent it from occurring and respondingquickly if it does occur. The longer the bullying behaviour continues, themore difficult it is to address and the harder it becomes to repair workingrelationships (Source: Safe Work SA).

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2.1 What are the Chief Executive Officers responsibilities andobligations (legal or otherwise) to protect employees work, healthand safety?

2.2 As a governing body what are the responsibilities and obligationsof Council (legal or otherwise) to protect employees and ElectedMembers work, health and safety?

3. What is a material conflict of interest pursuant to Section 73 of the LocalGovernment Act, 1999?

3.1 Pursuant to Section 74 of the Local Government Act, 1999, howmust an Elected Member deal with a material Conflict of Interest?

4. What is an actual or perceived conflict of interest pursuant to Section 75of the Local Government Act, 1999?

4.1 Pursuant to Section 75A of the Local Government Act, 1999, howmust an Elected Member deal with an actual or perceived Conflict ofInterest?

10.3 Independent Commissioner Against Corruption


1. What is the Independent Commissioner Against Corruption Act, 2012(the ICAC Act) concerned with?

2. In terms of the ICAC Act, what to make a complaint or report about?

3. What are an individual of public authorities reporting rights andobligations?

4. In respect to the ICAC Act;

4.1 What is corruption?

4.2 What is misconduct?

4.3 What is maladministration?

4.4 What is reasonable suspicion?

4.5 What is serious or systemic?

5. How is a complaint or report made to ICAC?

5.1 Confidentiality?

5.2 Offences and penalties?

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10.4 ERA Water

Councillor Monceaux asked the following questions on notice:

1. Management of ERA Water

1.1 The contract of the Acting General Manager of ERA Water was notrenewed in May, 2017, hence the position appears to be vacant.What is the name of the person responsible for executing all ofthese duties and responsibilities that are specified in the Charter?

1.2 If there is a person or an organization performing this role, whatare their qualifications and experience that makes them suitable totake on the commercial, engineering and legal responsibilities ofthe General Manager’s role?

1.3 What was the procurement process for this service, and did itconform to the Procurement Policy?

1.4 What was the cost per month to employ the Acting GeneralManager of ERA Water?

1.5 With the current structure (since the departure of the ActingGeneral Manager), what is the monthly cost to ERA Water to havethe General Manager’s duties carried out according to the Charterrequirements?

2. Procurement processes at ERA Water

2.1 Does ERA Water have a Procurement Policy or a ProcurementGovernance Framework, and a Tender and Contract EngagementPolicy to comply with Section 49 of the LGA 1999, and to complywith all other laws and regulations, and Burnside Councilprocurement requirements?

2.2 At ERA Water, who is responsible for Probity and goodGovernance in procurement?

3. Ownership of ERA Water

3.1 As one of the 3 constituent councils, is Burnside Council a onethird owner of ERA Water? Also is any part of ERA Water regardedas a Council asset?

3.2 In addition to being a guarantor jointly and severally for the $12mloan, what is Burnside Council’s legal relationship with ERAWater?

Is it - Part owner?Shareholder?Customer?No legal relationship (other than guaranteeing the loan)?Other? (If other, then please provide details)None

3.3 In view of all the financial risks at ERA Water, who in BurnsideCouncil is responsible to ensure that ERA Water is run in a mannerthat is in the best interests of Burnside ratepayers and residents, interms of financial viability, probity, etc.?

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Is it - The CEO?The Mayor?Burnside Councillors?Somebody else? (If Somebody else, please supply thename or title of this person)Nobody?

10.5 Planning Applications

Councillor Davey asked the following questions on notice:

For the Financial years 2015/2016 & 2016/2017:

1. How many Planning Applications were received by BCC?

2. What was the total cost of Development for these periods?

3. What revenue in total was raised by Planning Applications for theseperiods?

4. In the Planning/Development section of BCC City Development andSafety Services, what were the levels of staff of Planning Managers,Team Leaders, Officers and support staff?

5. When granting approval of Planning applications for Development withinBurnside, what conditions are placed on owners or builders formanagement of the site at the interface with neighbouring properties andcouncil property, to ensure that public safety and amenity is maintained?

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11. Motions on Notice (11.1 – 11.3 deferred from previous meeting)

11.1 Workshop regarding Footpath Policy (Operational) –Councillor Graham Bills p15

11.2 Commonwealth Heads of State Photographs (Operational) –Councillor Graham Bills p17

11.3 Reports of Members, Delegates and Working Parties (Operational) –Councillor Mark Osterstock p19

11.4 Council Governance Working Group (Strategic) –Councillor Peter Cornish p21

11.5 Development Approvals for Property at Kensington Road Wattle Park(Operational) –Councillor Graham Bills p23

11.6 Civic Centre Masterplan Project Reference Group (Operational) –Councillor Jane Davey p25

12. Questions without Notice

13. Motions without Notice

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14. Reports of Officers

Office of the CEO

14.1 Chief Executive Officer Report – July 2017 (Operational) p27Attachment AAttachment BAttachment C

14.2 Minutes of CEO Recruitment, Performance, Appraisal andRemuneration Review Committee – 24 July 2017 (Operational) p41Attachment A

14.3 Chief Executive Officer 2017/18 Performance Plan and KeyPerformance Indicators (Strategic) p45Attachment A

Corporate Services

14.4 Remake of Confidential Order relating to Topic 34.3 Land AcquisitionConstable Hyde Memorial Garden (Operational) p51Information Document under separate cover

Urban Services

14.5 Community Grants Selection Panel – Elected Member Representatives (Operational)

14.6 Review of Orienteering Course in Hazelwood Park (Operational) p59Attachment A

Community and Development Services

14.7 By-Law Management and Enforcement – Half Yearly Report(Operational) p65

14.8 Applications for the Establishment of Non-Compliant Signs(Operational) p73Attachment AAttachment BAttachment CAttachment D

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p55


15. Subsidiaries, Regional Subsidiaries and other Organisations/Entities

15.1 Eastern Waste Management Authority

Nil

15.2 Eastern Health Authority

Nil

15.3 Highbury Landfill Authority

Nil

15.4 ERA Water

Nil

15.5 Eastern Region Alliance

Nil

16. Council Correspondence

16.1 Correspondence from Adelaide 500 regarding consultation on the declarationof the Declared Area and Declared Period and for the 2018 Adelaide 500

16.2 Correspondence from the Minister for Local Government regarding 2017-18Financial Assistance Grants

17. Other Business

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p87


18. Confidential Items

18.1 Request for Advice and Support from the Mutual Liability Scheme(Operational)Attachment AAttachment B

Pursuant to section 90(2) and (3) of the Local Government Act 1999, theCouncil orders that all members of the public be excluded, with the exceptionof the Elected Members of the City of Burnside and the General ManagerUrban Services; and in the Executive Boardroom, the Executive Officer andthe Group Manager People and Innovation, on the basis that it will receiveand consider Item 18.1 ‘Request for Advice and Support from the MutualLiability Scheme (Operational)’.

The Council is satisfied that pursuant to section 90(3)(i) of the LocalGovernment Act 1999, the information to be received, discussed orconsidered in relation to this Agenda Item is information relating to litigationinvolving the Council that the Council believes on reasonable grounds willtake place involving the Council and an employee of the Council.

The Council is also satisfied that pursuant to section 90(3)(h) of the LocalGovernment Act 1999, the information to be discussed contains legal advicereceived on the matter of a request for legal support from MLS.

Further the principle that the meeting be conducted in a place open to thepublic has been outweighed in the circumstances because disclosure of thisinformation may compromise the Council’s position in the ensuing litigation.

Further the Council is satisfied that the principle that the meeting beconducted in a place open to the public has been outweighed in thecircumstances because Council needs to be able to maintain privilege in itslegal advice.

Confidentiality Recommendation:

1. That, having considered the matter in confidence, pursuant to section91(7) and (9) of the Local Government Act 1999, the Council ordersthat:

1.1 the report, minutes and attachments relating to this agenda itemremain confidential on the basis that:

1.1.1 the disclosure of this information would involve theunreasonable disclosure of information concerning litigationthat the Council believes on reasonable grounds will takeplace involving the Council and an employee of theCouncil, pursuant to section 90(3)(i) of the LocalGovernment Act 1999; and

1.1.2 disclosure of this information would involve the disclosureof Council’s legal advice; pursuant to section 90 (3)(h) ofthe Act; and

1.2 the report, minutes, attachments and written submissions willnot be available for public inspection for the period of fiveyears at which time this order will be reviewed by the Council;and

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1.3 this confidentiality order will be reviewed by the Council atleast once in every 12 months.

2. That for the documents referred to in clause 1 and associated subclauses, unless:

2.1 the period in respect of any order made under Section 91(7) ofthe Local Government Act 1999 lapses; or

2.2 Council resolves to revoke an order made under Section 91(7) ofthe Local Government Act 1999;

any discussions of Council on the matter and any recording of thosediscussions are to be treated as confidential.

19 Closure

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Council Agenda Item 6 8 August 2017

Item No: 6To: CouncilDate: 8 August 2017Submitted by: Mayor David ParkinSubject: MAYOR’S REPORTAttachments: Nil

MAYORAL ACTIVITIES 20/7/17 – 2/8/17

20 July

Attended a Local Government Association (LGA) Board Meeting.

24 July

Chaired a meeting of the CEO Recruitment, Performance Appraisal & RemunerationReview Committee.

26 July

Attended a meeting of the LGA Audit Committee.

28 July – 29July

Attended the LGA Mayors and Chairpersons Forum at the Stamford Plaza Adelaide.

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Council Agenda Item 11.1 8 August 2017

Item No: 11.1To: CouncilDate: 8 August 2017Submitted by: Councillor BillsSubject: WORKSHOP REGARDING FOOTPATH POLICY (OPERATIONAL)Attachments: Nil

Motion of Which Notice has been Given

Pursuant to Regulation 12 of the Local Government (Procedures at Meetings) Regulations,2013, the following Motion on Notice has been submitted by Councillor Bills

Motion

I, Councillor Graham Bills, do hereby give notice of my intention to move the followingmotion, deferred from the Council meeting of 25 July, at the next ordinary meeting of Councilfor the City of Burnside.

That Council Administration organise a workshop to be held at the earliest opportunity todiscuss the current Policy relative to footpaths within the City of Burnside. It is noted that atthis point in time no residents have been consulted for the 2017/18 program and until thisworkshop is finalised, no public notification is to be given:

Policy:

Footpath Policy

Risk:

We run the risk of adverse public comment if we get locations wrong whereby street orresidents trees are impacted, obstacles are present, there is no need relative to the streetand connectors, and where verge beautification has been undertaken.

Legal:

Nil

Financial:

Nil, we could actually save money by identifying the necessary ones, not a wish list ambitclaim.

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Item No: 11.2To: CouncilDate: 8 August 2017Submitted by: Councillor BillsSubject: COMMONWEALTH HEADS OF STATE PHOTOGRAPHS

(OPERATIONAL)Attachments: Nil



Motion

I, Councillor Graham Bills, do hereby give notice of my intention to move the following motionat the next ordinary meeting of Council for the City of Burnside.

That the Commonwealth Heads of State photographs be re-instated immediately to be withinthe Burnside City Council Chamber wall, and as always has been, directly behind theMayor’s seat and that the flags which accompanied them also be re-instated.

Policy:

Nil

Risk:

Already drawing adverse comment.

Legal:

Disrespectful to our Westminster system.

Financial:

During refurbishment never should have been removed and full Council not advised of theirremoval so from which budget line within Administration which made the decision.

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Item No: 11.3To: CouncilDate: 8 August 2017Submitted by: Councillor OsterstockSubject: REPORTS OF MEMBERS, DELEGATES AND WORKING PARTIES



Pursuant to Regulation 12 of the Local Government (Procedures at Meetings) Regulations,2013, the following Motion on Notice has been submitted by Councillor Osterstock

Motion

I, Councillor Mark Osterstock, do hereby give notice of my intention to move the followingmotion, at the next ordinary meeting of Council for the City of Burnside.

That effective forthwith the Council will not accept for inclusion in the meeting minutes thatportion of a report, from an elected member that makes either a direct or indirect referenceto a Council staff member or an elected member, without that person’s written consent.

Policy:

Code of Conduct for Elected Members

Risk:

Reputational risk to Elected Members and Council Administration.

Legal:

Potential Code of Conduct, Complaint and Civil ramifications.

Financial:

Nil

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Item No: 11.4To: CouncilDate: 8 August 2017Submitted by: Councillor CornishSubject: COUNCIL GOVERNANCE WORKING GROUP (STRATEGIC)Attachments: Nil


Pursuant to Regulation 12 of the Local Government (Procedures at Meetings) Regulations,2013, the following Motion on Notice has been submitted by Councillor Cornish

Motion

I, Councillor Peter Cornish, do hereby give notice of my intention to move the followingmotion, at the next ordinary meeting of Council for the City of Burnside.

1. That Council establish a working group to review the Council’s governance. Theworking group will provide a report with recommendations of the most efficient andeffective governance structure for the City of Burnside before the end of March 2018.The report should include at a minimum;

1.1 Research and analysis of other Council governance structures;

1.2 Consultation with elected members; and

1.3 Information provided from Council executives and governance staff

1.4 The rational for the establishment of committees, terms of reference of thesecommittees, membership recommendations, elected member and otherwise.

2. That the following elected members are appointed to the working group:

3. That the Administration provide a secretariat resource and meeting place to theworking group.

Policy:

Meeting Procedures

Risk:

The current governance structures at the City of Burnside should be reviewed to ensure thatcompliance with legislative requirements.

Legal:

Nil

Financial:

Nil

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Item No: 11.5To: CouncilDate: 8 August 2017Submitted by: Councillor BillsSubject: DEVELOPMENT APPROVALS FOR PROPERTY AT KENSINGTON

ROAD WATTLE PARK (OPERATIONAL)Attachments: Nil



Motion

I, Councillor Graham Bills, do hereby give notice of my intention to move the followingmotion, at the next ordinary meeting of Council for the City of Burnside.

1. That council be supplied with a full detailed account of development approvals given fora property at 499 Kensington Road, WATTLE PARK since the occupation of thecurrent owner.

2. That council be provided with a written report on action taken to deal with any detectedor reported unapproved development activities or non-compliance with developmentapprovals (including related conditions) for development at the above location throughthe current occupation,

3. That relative to the letter sent to the CEO and Elected Members by Messrs LINDNER,SKUZA and GIULIANI as neighbours to said premises dated 16-7-2017, that the 10identified matters contained within the correspondence be addressed individually andexpansively in the report which comes back to council.

4. That the above be presented to Council for the first meeting in September 2017.

Policy:

Nil

Risk:

The matters raised in the correspondence should be addressed in the responses which couldallay fears or support action, yet to be revealed. Reputational harm has potentially occurredto BCC through Letters to the Editor, Eastern Courier recently from contributors with interestin planning matters.

Legal:

Implications for compliance to conditions of development approvals

Financial:

Nil

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Item No: 11.6To: CouncilDate: 8 August 2017Submitted by: Councillor DaveySubject: CIVIC CENTRE MASTERPLAN PROJECT REFERENCE GROUP



Pursuant to Regulation 12 of the Local Government (Procedures at Meetings) Regulations,2013, the following Motion on Notice has been submitted by Councillor Davey

Motion

I, Councillor Jane Davey, do hereby give notice of my intention to move the following motion,at the next ordinary meeting of Council for the City of Burnside.

1. That the Civic Centre Masterplan Project Reference Group be re convened.

2. That the Reference Group consider a review of the recent Council Chamber upgrade inaddition to progress with the Masterplan in relation to buildings, design, heritage,landscaping and any other aspects of the development of the Masterplan.

Policy:

Nil

Risk:

This is a significant long term project of Council with significant stakeholder implications.

Legal:

To assist with good governance in Council plans and projects.

Financial:

To assist with and be kept informed of financial implications of Masterplan development.

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Item No: 14.1To: CouncilDate: 8 August 2017Author: Paul Deb – Chief Executive OfficerContact: 8366 4205Subject: CHIEF EXECUTIVE OFFICER REPORT – JULY 2017

(OPERATIONAL)Attachments: A. Monthly Financial Report – July 2017

B. Reports Outstanding List – July 2017C. Organisation Chart – July 2017

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 toCouncil’s Strategic Plan ‘Be the Future of Burnside 2025’, undertaken by the ChiefExecutive Officer (CEO) in July 2017.

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

3. To provide Council with a list of reports which have been requested by ElectedMembers and the status of those reports.

4. To provide Council with a top-tier organisation chart as at 31 July 2017.

Strategic Plan

5. The following Strategic Community Plan provisions are 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 meetingcommunity needs”

Communications / Consultation

6. Communication has been undertaken with internal and with external organisations asdescribed in the body of the report.

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Statutory

7. The following legislation is relevant in this instance:

Local Government Act 1999

Policy

8. There are no policy implications with the recommendation.

Risk Assessment

9. There are no risks associated with the recommendation.

CEO Performance Indicators

10. At the time of preparing this report, the 2017/18 CEO KPIs have not been presented toCouncil for endorsement.

Finance

11. The July 2017 Finance Report is provided as Attachment A. This report provides acomparison of actual year to date performance to the Adopted Budget. There are novariances to report in the year to date analysis since the Administration is currently inthe process of phasing the Full Year Adopted Budget. This is expected to becompleted by the end of August 2017 and hence will be available from the next monthend report.

Procurement

12. The Procurement Governance Framework (Framework) requires that Councilapproaches at least three companies for any tender amounting to over $100k(cumulative), requiring disclosure of any procurement dispensation approvals above$100k.

13. There have been no dispensations signed off during the month of July.

Discussion

Monthly Activity

14. The CEO attended the following meetings in July 2017:

14.1. The CEO met with Councillors Lemon and Wilkins to discuss matters relating toChessington Street.

14.2. The CEO attended, by invitation, a meeting of the CEO Recruitment,Performance Appraisal & Remuneration Review Committee in order to inform theCommittee of CEO KPI performance for the 16/17 financial year.

14.3. The CEO attended, with Mayor Parkin, a meeting with Bruce Carter, Chairpersonand Andrew Cohen, CEO, of Cohen Group / Burnside Village CentreManagement.

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14.4. The CEO participated in a group teleconference with East Waste to discuss thematter of a potential incoming Constituent Council.

14.5. The CEO, accompanied by Magnus Heinrich, met with Nic Chapley and MarcusCollins, General Manager, Chapley Group to discuss ongoing matters in relationto Foodland Frewville and Chessington Street.

14.6. The CEO attended the Local Government Association (LGA) CEO Forum andjoint Mayor’s forum which debated issues including industrial relations, workforcealignment and Code of Conducts.

14.7. The CEO attended a full day workshop, facilitated by OzTrain, with theLeadership Team to advance the work on executive structure and the projectplan.

14.8. The CEO, with Barry Cant, met with Mr Geoff Vogt to provide an inductionregarding his position as independent member on the ERA Water Board.

14.9. The CEO attended the Eastern Regional Alliance CEO meeting.

14.10. The CEO, with the Executive Team, met with Mr Michael Todd to discuss theRegal Theatre and the recent confidential Council resolution relating to thismatter.

14.11. The CEO held a series of All Staff Briefings with the Executive Team as part ofthe 2017 schedule.

14.12. The CEO attended the July Council meetings and workshops.

Reports Outstanding List

15. The Reports Outstanding List is contained in Attachment A.

16. As at the conclusion of the Council meeting held on 25 July 2017, there are 22 reportsto be presented to Council. Of the 22 reports, six will be presented in August 2017. Thebalance will be presented as soon as information becomes available or as scheduled.

Human Resources

17. As at 1 August 2017, the current Full Time Equivalent (FTE) staff count is 160.9 FTEwith 3.0 of these positions being vacant/available.

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18. The positions vacant/available and their current statuses are as follows:

Position Status

General Manager Community &Development Services

Recruitment for this position is onhold.

Senior Arborist Recruitment for this position is onhold.

Procurement & Finance Support Officer Position currently being recruited.

Work Health and Safety (WHS)

19. Work on completing elements of the approved 2017 Work Health and Safety (WHS)and Return To Work (RTW) Plan is tracking well with a large number of elementscompleted. Management response to the recent Galpins internal report in relation to aWHS Health Check has been finalised and will tabled at the next available AuditCommittee meeting. Resulting actions from this audit will be incorporated into theWHS and RTW plan for future action and monitoring.

Notifiable Incidents (as defined by WHS Act)

20. Nil to report.

Insurance Issues

21. Nil to report.

Risk Management Issues

22. The Administration is currently working with Local Government Risk Services to reviewkey elements of Council’s Business Continuity Plan as part of its ongoing maintenanceand review program.

Other Issues

23. A Leadership Team Workshop was held on 24 July 2017 with an external facilitator inorder to advance work on the executive structure review, associated reform, leadershipcapability and the project plan. A summary of discussions and potentialrecommendations from the session have been circulated to the Leadership Team forinput and a recommended structure will be presented to the organisation and ElectedMembers, for feedback, in due course.

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CITY OF BURNSIDEMONTHLY FINANCE REPORTAS AT 26 JULY 2017FOR THE YEAR ENDING 30 JUNE 2018

Adopted Actual AdoptedQ1 Review Proposed

Budget Result Variance Budget Variations Forecast$'000 $'000 $'000 $'000 $'000 $'000

OPERATING ACTIVITIES: Note

Operating IncomeRates Income 37,725 37,725 - 37,700 - 37,700 Grants Incomes 369 369 - 3,959 - 3,959 Other Operating Income 395 395 - 3,582 - 3,582

38,490 38,490 - 45,241 - 45,241

Less:Operating Expenses

Employee Costs 1,015 1,015 - 15,955 - 15,955 Materials and Contracts Expenses 1,313 1,313 - 18,397 - 18,397 Other Expenses 732 732 - 9,877 - 9,877

3,060 3,060 - 44,229 - 44,229

Operating Surplus / (Deficit) A 35,431 35,431 - 1,012 - 1,012

CAPITAL ACTIVITIES:

Net Outlays on Existing AssetsCapital Expenditure on Renewal and Replacement of Existing Assets 6 6 - 9,894 - 9,895

Less: Depreciation, Amortisation & Impairment 665 665 - 9,340 - 9,340 Less: Proceeds from Sale of Replaced Assets B - - - - - -

Net Outlays on Existing Assets (659) (659) - 554 - 554

Net Outlays on New and Upgraded AssetsCapital Expenditure on New and Upgraded Assets - - - 4,096 - 4,096

Less: Amounts Received Specifically for New and Upgraded Assets C - - - 30 - 30 Less: Physical resources received free of charge D - - - 200 - 200 Less: Proceeds from Sale of Surplus Assets - - - 150 - 150

Net Outlays on New and Upgraded Assets - - - 3,716 - 3,716

Statement of Comprehensive Income - Net Operating Surplus/(Deficit) (A)+(B)+(C)+(D) 35,431 35,431 - 1,392 - 1,392

Notes

Full Year Analysis

Year to Date AnalysisThere are no variances in the Year To Date analysis. Administration are in the process of phasing the Full Year Adopted Budget. This is expected to be completed by end of August and hence will be available from the next month end report.

Administration is on target to achieve the 2017/18 Adopted Budget.

2017/18 2017/18Year to Date Full Year

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Project Name Activity Description

Adopted Budget YTD Percentage Complete*

Actual YTD Percentage Complete**

Variance %

Asset and Infrastructure Emergency Program Replacement/Renewal 0% 0% 0%

Brown Hill Keswick Creek Project New/Upgrade 0% 0% 0%

Burnside Library Collection Renewal Program Replacement/Renewal 1% 1% 0%

Bus Shelter Renewal Program Replacement/Renewal 0% 0% 0%

Civic Centre Light Fleet Replacement Replacement/Renewal 0% 0% 0%

Civic Centre Renewal Works Replacement/Renewal 1% 1% 0%

Civic Centre upgrades New/Upgrade 0% 0% 0%

Community Buildings Program Replacement/Renewal 0% 0% 0%

Community Library Service Van Replacement Replacement/Renewal 0% 0% 0%

Constable Hyde Redevelopment New/Upgrade 0% 0% 0%

Conyngham Street Depot New/Upgrade 0% 0% 0%

Creek Rehabilitation Works New/Upgrade 0% 0% 0%

Disability Discrimination Act Compliance Project New/Upgrade 0% 0% 0%

Drainage New Program New/Upgrade 0% 0% 0%

Drainage Renewal Program Replacement/Renewal 0% 0% 0%

Drinking Fountain Replacement Replacement/Renewal 0% 0% 0%

Dulwich Avenue Pedestrian Facility New/Upgrade 0% 0% 0%

Footpath New Construction Program New/Upgrade 0% 0% 0%

Footpath Renewal Program Replacement/Renewal 0% 0% 0%

Hazelwood Park Replacement/Renewal 0% 0% 0%

Hazelwood Park M/Plan St. 1 - Wayfinding Signage New/Upgrade 0% 0% 0%

Henry Martin Square Road Paving Replacement/Renewal 0% 0% 0%

Hills Face Trails New/Upgrade 0% 0% 0%

ICT Capital Program New/Upgrade 0% 0% 0%

Irrigation RPZ Program New/Upgrade 0% 0% 0%

Irrigation System Replacement Replacement/Renewal 0% 0% 0%

Kensington Gardens Masterplan Replacement/Renewal 0% 0% 0%

Kensington Gardens Works Replacement/Renewal 0% 0% 0%

Kerb Program Replacement/Renewal 0% 0% 0%

Local Nuisance and Litter Control Act - Property & Rating Upgrade New/Upgrade 0% 0% 0%

Magill Village Redevelopment New/Upgrade 0% 0% 0%

Minor Infrastructure Program Renewal Replacement/Renewal 0% 0% 0%

Network Infrastructure Replacement Replacement/Renewal 0% 0% 0%

New Playgrounds New/Upgrade 0% 0% 0%

New Reserve Furniture New/Upgrade 0% 0% 0%

New Sports Lighting New/Upgrade 0% 0% 0%

Open Space Renewal Replacement/Renewal 0% 0% 0%

Plant Replacement - Depot Based Major Plant Replacement/Renewal 0% 0% 0%

Plant Replacement - Depot Based Minor Plant Replacement/Renewal 2% 2% 0%

Playgrounds Replacement/Renewal 0% 0% 0%

Pool Covers for Main and Learner Pools Replacement/Renewal 0% 0% 0%

Public Lighting Renewal Program Replacement/Renewal 0% 0% 0%

Public Seating Program New/Upgrade 0% 0% 0%

Records Management Legislative Compliance Project Replacement/Renewal 0% 0% 0%

Recreational Trails Strategy (Stage 3) New/Upgrade 0% 0% 0%

Replacement Furniture and Fittings for the Library Replacement/Renewal 0% 0% 0%

Reserve Furniture Replacement Replacement/Renewal 0% 0% 0%

Road Cracksealing program Replacement/Renewal 0% 0% 0%

Road Resurfacing Program Replacement/Renewal 0% 0% 0%

Roundabout Landscape Renewal Program Replacement/Renewal 0% 0% 0%

Sports Field Lighting Replacement Replacement/Renewal 0% 0% 0%

Swim Centre Patron Locker System Replacement/Renewal 0% 0% 0%

Tennis Courts Replacement/Renewal 0% 0% 0%

Traffic Calming Program - New New/Upgrade 0% 0% 0%

Traffic Calming Program - Renew Replacement/Renewal 0% 0% 0%

Traffic Signals Light Emitting Diode (LED) Upgrade Replacement/Renewal 0% 0% 0%

Water Sensitive Urban Design New/Upgrade 0% 0% 0%

Urban Services Work Orders Project Stage 2 New/Upgrade 0% 0% 0%

*Adopted Budget YTD Percentage Complete = YTD Budget Spend/ Full Year Budget Spend **Actual YTD Percentage Complete = Actual YTD spend / Budget YTD Spend

LEGEND:Variance between Adopted Budget YTD % complete and Actual YTD % complete:

more than +/- 50% variance July YTD Budget 6,070$

+/- 10% - 50% variance July YTD Actual 6,070$

+/- 10% variance July YTD Variance -$

The 2017/18 Capital report compares the YTD Adopted Budget to the Actual YTD spend and highlights projects which are on track and those which have not progressed in line with the budgeted timings.

17/18 Capital Project Report

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Project Name

Adopted Budget YTD Percentage Complete*

Actual YTD Percentage Complete**

Variance %

Building Condition Assessment 0% 0% 0%

Consolidation of Facebook Presence of Burnside 0% 0% 0%

Consultation - Activity Centres DPA 0% 0% 0%

Consultation - for the Residential DPA 0% 0% 0%

Efficiency & Effectiveness Program 0% 0% 0%

Future Aged Care Services - Community Consultation 0% 0% 0%

George Bolton Swimming Centre Business Review 0% 0% 0%

Michael Perry Botanic Reserve Conservation Plan 0% 0% 0%

Office 365 0% 0% 0%

Real-time Service Level Reporting 0% 0% 0%

Short Term Employee under Equity & Diversity 0% 0% 0%

Streetscape Guide Development 0% 0% 0%

Local Artist Exhibition Support at Civic Centre 0% 0% 0%

Regulated and Significant Tree Assistance Scheme 0% 0% 0%

Silt Removal - Hazlewood Park & Michael Perry Ponds 0% 0% 0%

LEGEND:Variance between Adopted Budget YTD % complete and Actual YTD % complete:

more than +/- 50% variance July YTD Budget $0

+/- 10% - 50% variance July YTD Actual $0

+/- 10% variance July YTD Variance $0

17/18 Operating Project ReportThe 2017/2018 Operating Project report compares the YTD Adopted Budget to the Actual YTD spend and provides commentary on Projects with more than a 50% variance.

*Adopted Budget YTD Percentage Complete = YTD Budget Spend/ Full Year Budget Spend **Actual YTD Percentage Complete = Actual YTD spend / Budget YTD Spend

33

Reports – Outstanding List (August 2017) (Attachment B)

NO MTGDATE SUBJECT OFFICER DUE

DATETARGET

DATE STATUS

1. 10/5/16 Eastern Region Alliance Strategic Plan (Strategic) (C10640) –That the ERA Mayors and CEO Group provide 6 monthly reports toall ERA Councils on the activities of the Eastern Region Alliance inrespect to resource sharing, regional collaboration and any otheractivities relevant to the ERA Strategic Plan.

CEO Feb 2018 Report presented toCouncil in August2017.

2. 28/6/16 Hay Road, Linden Park Primary School) (Operational) (C10711)– That Council, having considered the Petition, and having againreconsidered the need for additional traffic managementinfrastructure on Hay Road, adjacent to the Linden Park PrimarySchool (and having specific regard to the School Crossing Reviewundertaken by GTA Consultants), resolves to monitor and evaluatetraffic conditions at the site for a 12 month period at which time afurther report will be presented to Council for consideration on thepossible need for further traffic management initiatives.

GMCS Jun 2017 Aug 2017 Report to bepresented to Councilin August 2017.

3. 23/8/16 Eastern Regional Alliance Water – Report and Draft AnnualBusiness Plan and Budget (Operational) (C10791) – For theperiod to 31 August 2017 that the CEO provide a monthly report tothe second meeting of Council each month providing timelyinformation in respect to, but not limited to: Status of the Stage 2 Project in respect to timing and budget; Any identified additional capital costs required beyond that

contemplated in the Stage 2 concept; Status of negotiations or confirmations of water sales to third

parties; and Any additional potential factors which may have a negative

impact on the financial viability of the project.

CEO Monthly Ongoing.

4. 25/10/16 Proposal – Shipsters Road, Kensington Park Footbridge(Operational) (C10894) – That a further detailed report bepresented to Council for final approval.

GMCS TBA Timing of next reportdependent onPembroke School andconsultants.

34


DATETARGET

DATE STATUS

5. 13/12/16 Draft Burnside Community and Civic Hub Master Plan(Strategic) (C10974) – That Council engage a consultant tocomplete a Business Case on the draft Master Plan which is to bepresented for consideration at the 14 February 2017 Councilmeeting. That a detailed Community Engagement Plan beprepared and presented for consideration at the 14 February 2017Council meeting.

GMUS Feb 2017 Nov 2017 Elected MemberWorkshop scheduledfor 10 October 2017with Council Report tofollow.

6. 28/2/17 Public Lighting Update (Operational) (C11049) – That a furtherreport be presented to Council following provision of the informationabove for consideration.

GMUS TBA Report to be providedonce furtherinformation isreceived.

7. 28/3/17 Lane West of Matilda Street, Eastwood – Encroachments(Operational) (C11104) – Following the consultation process withadjacent land owners a report to be presented to Council with arecommendation in relation to the proposed next steps.

GMUS Sep 2017 On track.

8. 11/4/17 Local Nuisance and Litter Control Act 2016 (Operational)(C11123) – Council to request Eastern Health Authority toundertake compliance actions on behalf of Burnside andconstituent Councils in respect to particular nuisance aspects ofnew legislation and EHA to report back to Council in regards tocostings and cost implications.

GMCS Sep 2017 Awaiting informationfrom EHA.

9. 27/4/17 Cycle Lane Markings in the City of Burnside (Operational)(C11150) – That a report be presented to Council following theSeptember 2017 Cycling Elected Member workshop aboutopportunities and cost estimation to extend and enhance cycle lanemarkings and surfaces in the City of Burnside.

GMUS Oct 2017 On track. ElectedMember Workshop tobe held on 26September followedby Council Report inOctober 2017.

10. 27/4/17 Draft Fees and Charges 2017/18 (Operational) (C11160) – Thatthe Administration review the Residential Parking Policy andpresent a report to Council at the second meeting in September2017.

GMCS Sep 2017 On track.

11. 9/5/17 Green Army Project (Achievements and Future) (Strategic)(C11183) – That the Administration present a report to Council inFebruary 2018 outlining the results of grant applications anddiscussions held with potential industry partners to provide a‘Green Army’ type program for the City of Burnside for 2018/19,ahead of the draft Annual Business Plan being finalised.

GMUS Feb 2018 On track.

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DATETARGET

DATE STATUS

12. 23/5/17 Eastern Region Alliance Water – Draft 2017/18 Budget andLong Term Financial Plan (Operational) (C11214) – That theAdministration arrange for a report from BRM Holdich detailing thecurrent management by ERA Water of the risks identified in thePrudential Report and the recommendation of immediate actionswhich should be taken to improve management of risks, inparticular the sale of water to external parties.

GMUS Aug 2017 On track.

13. 13/06/17 Assistance Program for Elected Members and Members ofCouncil Committee and Subsidiaries (Operational) (C11233) –That Council submit an agenda item for the next Local GovernmentAssociation (LGA) (SA) meeting in 2017 requesting options toprovide an assistance program (similar to what is provided toCouncil employees) for elected members of Council, and Members,elected or appointed of Council’s legislated committees, section 41,42 and 43 Committees and Subsidiaries.

CEO Oct 2017 On track.

14. 13/06/17 Magill Road Logo and Branding Partnership (Operational)(C11237) – That the application of a differential rate on commercialproperties across the City of Burnside be considered for the2018/19 Budget and that a report be presented for Councilconsideration by April 2018.

GMCS Apr 2018 On track.

15. 23/06/17 Report to Release all Confidential Code of Conduct Reports(Operational) – Councillor Peter Cornish (C11259) – That theAdministration prepare a report detailing the mechanisms torelease all confidential minutes, reports and attachments relating tofinalised Codes of Conduct (COC) during this term of Council whichinclude:1.1 Elected Member vs. Elected Member COC;1.2 External parties vs. Elected Member COC;1.3 All staff (including CEO) vs. Elected Member COC;1.4 External parties vs. CEO COC; and1.5 Elected Member vs. CEO COC.

GMCS Aug 2017 On track.

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DATETARGET

DATE STATUS

16. 23/06/17 Appointment of Development Assessment Panel IndependentMembers (Operational) (C11266) – Based on the outcomes of therequested Elected Member Informal Gathering Session, theAdministration present a report and draft General OperatingProcedures for the CAP with particular attention to DAP Memberselection, in respect to gender balance.

GMCS /CEO

Sep 2017 On track. Workshopscheduled for 22August 2017.

17. 11/07/17 Magill Village Master Plan (Strategic) (C11281) – ThatAdministration, prior to 30 September 2017, provide a Report toCouncil addressing the likely impact on traffic on Magill Road andCouncil’s strategy to identify grant funding for the project fromFederal and State Government.


18. 11/07/17 6 Conygham Street, Glenside (Council Depot) – ProposedMaster Plan (Strategic) (C11284) – That the Administrationpresent a report to Council by December 2017 on the businesscase and detailed design.

GMUS Dec 2017 On track.

19. 11/07/17 Dulwich Community Centre (Strategic) (C11285) – That theAdministration, following completion of this community consultationprocess, present a further report to Council with the results of theconsultation and a recommendation in relation to proposed nextsteps.

GMUS Nov 2017 On track.

20. 11/07/17 Tree Islands and Tree Replacement on Glynburn Road,Kensington Park (Operational) (C11272) – That theAdministration present a further Report to Council in August 2017with the results of the subsequent investigation into the feasibility ofinstalling three additional Tree Islands.

GMUS Aug 2017 On track.

21. 25/07/17 Amendment of Council Decision regarding HeatherbankTerrace, Stonyfell (Operational) (C11301) – That a new report bepresented to Council by 26 August 2017 or as soon as practicalthereafter to provide Council with options for less stringent trafficcalming measures (than the extant chicane) and a recommendedprotocol for wide consultation and agreement to the options by thebroader Stonyfell community.

GMCS Aug 2017 Sep 2017 On track.

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DATETARGET

DATE STATUS

22. 25/07/17 Waterfall Gully Flood Mitigation (Operational) (C11309) – ThatAdministration staff liaise with the Department of Planning,Transport and Infrastructure (DPTI) regarding potentialcomplementary works that could coincide with road resurfacing ofWaterfall Gully Road and present a report to Council in September2017 summarising options and recommendations thereafter.


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Item No: 14.2To: CouncilDate: 8 August 2017Author: CEO Recruitment, Performance, Appraisal And Remuneration

Review CommitteeSubject: MINUTES OF CEO RECRUITMENT, PERFORMANCE,

APPRAISAL AND REMUNERATION REVIEW COMMITTEE –24 JULY 2017 (OPERATIONAL)

Attachments: A. Committee Minutes – 24 July 2017Prev. Resolution: N/A


That the Minutes of the CEO Recruitment, Performance, Appraisal and Remuneration ReviewCommittee held on 24 July 2017 be received by Council.

41

CEO Recruitment, Performance Appraisal and Remuneration Review Committee

Minutes

Monday 24 July 2017 at 6.00pm Boardroom, Civic Centre, 401 Greenhill Road, Tusmore

Members: Mayor David Parkin Councillors Lemon, Davis and Cornish

In attendance: Richard Altman (EO)

Apologies

Leave of Absence

Nil

Confirmation of Minutes

Recommendation:

CP0342

That the minutes of the CEO Recruitment, Performance Appraisal and Remuneration Review Committee meeting held on 17 July 2017 be taken as read and confirmed.

Moved Councillor Lemon, Seconded Councillor Davis CARRIED

Correspondence

The Committee noted the email feedback received to date from the Elected Member Body.

Business Arising from the Last Meeting

Nil

142

CEO Recruitment, Performance Appraisal and Remuneration Review Committee Minutes 24 July 2017

Reports of Officers Discussion of draft Chief Executive Officer KPIs / Performance Plan for 2017/2018 following initial consultation with Elected Member body (6.1) Motion:

CP0343

1. That the CEO Recruitment, Performance Appraisal and Remuneration Review Committee (Committee) note the comments provided by the Elected Member body and the City of Burnside Leadership Team on the draft 2017/18 Chief Executive Officer Performance Plan.

2. That the Committee present the amended draft 2017/18 Chief Executive Officer Performance Plan to Council for consideration and adoption at the meeting scheduled for 8 August 2017.

Moved Councillor Davis, Seconded Councillor Cornish CARRIED Finance and Meeting Attendance Report to Council Nil Other Business Next Meeting To be arranged following 8 August 2017 Council meeting and receipt of Hender Consulting reports. Closure The meeting concluded at 6.35pm. Minutes confirmed this day of 2017

Mayor / Chair

243


3Item No: 14.3To: CouncilDate: 8 August 2017Author: CEO Recruitment, Performance Appraisal and Remuneration

CommitteeSubject: CHIEF EXECUTIVE OFFICER 2017/18 PERFORMANCE PLAN

AND KEY PERFORMANCE INDICATORS (STRATEGIC)Attachments: A. Proposed 2017/18 Performance Plan / KPI documentPrev. Resolution: CPO306, 15/6/16

CP0343, 24/7/16


1. That the Report be received.

2. That Council endorse the draft 2017/18 CEO Performance Plan and Key PerformanceIndicators recommended by the CEO Recruitment, Performance Appraisal andRemuneration Committee as the CEO Performance Plan and KPIs for 2017/18.

Purpose

1. To seek endorsement of a revised and updated draft CEO Performance Plan and KeyPerformance Indicators for 2017/18.

Strategic Plan

2. The following Strategic Plan provisions are relevant:

“Delivery of good governance in Council business"

“A respected organisation that is resilient progressive and adaptable with a culture thatencourages well-being, learning and development”

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

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

Communications/Consultation

3. The following communication / consultation has been undertaken:

3.1 Discussions were held with the Chief Executive Officer.

3.2 Meetings of the CEO Recruitment, Performance Appraisal and RemunerationCommittee (Committee).

3.3 Discussions with Hender Consulting.

45


3.4 Elected Members were invited to provide input and feedback on the proposed2017/18 KPIs supported by the Committee via email from the Chair on 18 July2017. Responses have been considered and taken into account in thepreparation of this report and proposal.

Statutory



Policy

5. There are no policy implications or requirements associated with this recommendation.

Risk Assessment

6. The following risks have been identified:

6.1 If Council does not accept the recommended Key Performance Indicators theCEO will be without set KPIs for the 2017/18 year.


7. Council is required to set the 2017/18 Indicators for the operation and direction of theorganisation.

Finance

8. There are no financial implications for the City of Burnside in respect of therecommendation.

Discussion

9. At the Committee meeting held on 17 July 2017, the following was resolved (CP0341):


2. That the CEO Recruitment, Performance Appraisal and Remuneration ReviewCommittee (Committee) note and provide comment on the draft PerformancePlan (KPIs) provided by the Chief Executive Officer (CEO) for 2017/18.

3. That the Committee endorse the draft 2017/18 Chief Executive OfficerPerformance Plan and its dissemination to the Elected Member body forcomment and feedback.

4. That following the feedback process the Committee present the draft 2017/18Chief Executive Officer Performance Plan to Council for consideration andadoption.

10. The Committee Chair invited feedback from Elected Members on 18 July 2017.

46


11. At the Committee meeting held 24 July 2017, the following was resolved (CP0343):

1. That the CEO Recruitment, Performance Appraisal and Remuneration ReviewCommittee (Committee) note the comments provided by the Elected Memberbody and the City of Burnside Leadership Team on the draft 2017/18 ChiefExecutive Officer Performance Plan.

2. That the Committee present the amended draft 2017/18 Chief Executive OfficerPerformance Plan to Council for consideration and adoption at the meetingscheduled for 8 August 2017.

12. The Council has responsibility for the appointment of the CEO, determining the CEO’sPerformance Plan, assessing the CEO’s performance against that Plan anddetermining the remuneration of the CEO.

13. The Committee’s role is to advise Council on these matters, including determining thePerformance Plan, monitoring the performance of the CEO and reviewing theremuneration and conditions of employment of the CEO at 12 monthly intervals.

14. At the end of every financial year, Elected Members are asked to assess theperformance of the CEO against criteria in a Performance Plan established at thebeginning of the year. The assessment is informed by a confidential CEO PerformanceAppraisal Questionnaire and for the 2016/17 period of reporting Elected Members wereinvited to partake in interviews with Hender Consulting throughout July 2017.

15. Hender Consulting is anticipated to report back to the Committee on its recent findingslater in August 2017 which will inform a report to Council in addition to a CEORemuneration Report.

16. This Report addresses the CEO Performance Plan for 2017/18; the year recentlyentered.

17. The proposed criteria are in accordance with resolution CP0339 of the Committeewhich states that the KPIs for 17/18 be specific, measurable, achievable, realistic andtime-based/related.

18. The Committee has reviewed the KPIs and recommends some refinements. TheCommittee has removed criteria it regarded as unmeasurable and reworded someothers, taking into account Elected Member feedback as appropriate.

19. The KPIs are intended to highlight the key ‘big ticket’ items, be broad across theoperations of Council, clearly community Elected Members priorities to the CEO, bestrategic in nature rather than operational and connect to Council’s Strategic Plan andbudget; meeting fluid and emerging community expectations.

20. The previous leadership behaviours and broad performance criteria, as reflected in theCEO Role Description, will continue to apply and exist as part of the overall suite ofdocuments pertaining to CEO Performance Planning and Management, in addition tothe behaviours expected from the role.

22 The CEO has reviewed the proposed KPIs for 2017/18 and accepts them as relevantand reasonable.

47

DRAFT CEO PERFORMANCE PLAN 2017-2018 / KEY PERFORMANCE INDICATORS

2017/2018 KEY PERFORMANCE INDICATORS (DELIVERABLES)

Key Result Area and Performance Indicators Measures

1. FinancialSustainability

1.1 Deliver against the annual business plan, including againstthe budget as resolved by Council.

Plan was adopted by Council in June 2017. (C11241)Deliver the plan by June 2018.

1.2 In consultation with Council review and amend the longterm 10 Year Financial Plan to ensure it is relevant andmeets the needs of Council and the community.

1.3 Progress Efficiency and Effectiveness Reviews across theorganisation and lead implementation of findings andappropriate reform.

Present at least two new potential revenue streams for Council consideration in 2017-18.Achieve Council’s set savings target of $560k in 2017-18.Present additional savings initiatives associated with service reviews for Council consideration in2017-18.

1.4 Capital Projects Deliver 90% of capital projects (defined by value) within adopted forecast.

2. People andCulture

2.1 Employee climate survey to be conducted every two yearscommencing in 17/18 and actions plans developed andimplementation commenced.

Survey to be conducted across organisation and anonymous in nature.

2.2 Develop and implement strategies that lead to continuousskill improvement of the workforce.

2.3 Develop and implement communication strategies that willensure staff have a clear understanding of theorganisation’s deliverables.

48

3. Governance 3.1 Implementation of an improved robust governanceframework to ensure compliance with legislativeobligations.

3.2 Contribute to the Establishment of Brownhill Keswick Creeksubsidiary.

Subject to the endorsement of constituent Council’s and the Stormwater Management Authority,contribute to the establishment of the new subsidiary by 30 June 2018.

3.3 Presentation of a corporate strategic planning framework.

3.4 As CEO take the lead role in coordinating and overseeingBurnside’s responses to the implementation of thePlanning Development and Infrastructure Act 2015

Report to Council as appropriate.

3.5 Develop an Economic Development Strategy and submit toCouncil

Draft strategy to be presented to a Council meeting for adoption by 31 December 2017.

3.6 Develop a Community Development Strategy and submit toCouncil

Present draft Community Development Strategy to Council for consideration by January 2018.

3.7 Undertake a review of the Eastern Health Authority Charterand functions and services provided by the Eastern HealthAuthority

3.8 Undertake a review of the East Waste Charter andfunctions and services provided by East Waste

3.9 Undertake a review of the Burnside War Memorial HospitalCharter

3.10 Undertake a review of the Burnside Retirement ServicesIncorporated Charter

4. BusinessExcellence

4.1 Civic Centre Master Plan Complete a detailed business case to progress options for the Civic Centre Master Plan andpresent to Council for adoption by January 2018.

4.2 Hazelwood Park Master Plan Develop an action plan based on the objectives of the Hazelwood Park conservation andmanagement plan and present to Council for adoption by December 2017.

4.3 Magill Precinct Master Plan Provide Council with a Magill Village Master Plan concept design and Prudential Issues Report, by30 June 2018, for adoption (in accordance with the adopted project plan milestones).

4.4 Conyngham Street Depot site Provide Council with a Conyngham Street Depot site redevelopment detailed design for adoptionby 30 June 2018.

4.5 Constable Hyde Memorial Gardens / Precinct Area Subject to the finalisation of the transfer by SA Government provide Council with a landscapeconcept plan for the upgrade of Constable Hyde Memorial Gardens by March 2018.

49

4.6 Regal Theatre In accordance with Council’s position work collaboratively with the lessee to achieve theobjectives and desired outcomes as determined by Council for the 17/18 financial year.

4.7 Dulwich Community Centre Deliver a suitable community consultation process and implement agreed options relating to theuse and feasibility of the site.

5. RiskManagement

5.1 2017 WHS Management System KPI Audit Implement actions plans and remedial actions to address any non-conformances or observationsidentified as result of the audit.

5.2 Eastern Region Alliance Water Alert Council of any significant risks and issues which may impact on the delivery of the ERA Waterprogram.Provide a comprehensive report in January 2018 on the project.

6. ServicePerformance

6.1 Development of themed annual survey and in depthanalysis of existing two yearly survey for improved strategydevelopment

Formulate and implement a themed annual survey, in consultation with Council.

Analyse the existing two yearly survey in order to determine target areas of concern and developsuitable strategies to improve Council’s performance, facilitating community input into thedecision making process through informed consultation.

Version History

Version Issue Date Author Reviewers Update or Outcome of Review

0.1 18/07/2017 Committee Committee / EMs Sent to Elected Members / Leadership for feedback

0.2 24/07/2017 Committee Committee Updated following consideration of collated feedback and decisions of Committee

To be submitted to Council in August 2017

50


Item No: 14.4To: CouncilDate: 8 August 2017Author: Rebecca McAulay – Principal Governance OfficerGeneral Managerand Division

Martin Cooper – General Manager, Corporate Services

Contact: 8366 4275Subject: REMAKE OF CONFIDENTIAL ORDER RELATING TO TOPIC 34.3

LAND ACQUISITION CONSTABLE HYDE MEMORIAL GARDEN(OPERATIONAL)

Attachments: Confidential Information Document provided under separate cover.Prev. Resolution: C9900, C9901, C9902, 9/9/14

C10356, 8/9/15C10765, 9/8/16



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

2.1 The confidentiality order the subject of Resolution (C9902) of 09/09/14 andremade by Resolution (C10356) of 08/09/15 and Resolution (C10765) of 8/08/16of the Council concerning the valuations contained in both the Agenda Reportand Attachment A ‘Letter from Renewal SA dated 29 August 2014’ to Item 18.2 ofthe Agenda (Council Meeting of 9 September 2014) remain confidential to ensurethat:

2.1.1 Council does not disclose commercial information of a confidential nature(not being a trade secret) the disclosure of which could reasonably beexpected to prejudice the commercial position of the person who suppliedthe information, or confer a commercial advantage on a third party andwould, on balance, be contrary to the public interest pursuant to Section90(3)(d) of the Local Government Act 1999.

2.2 The matter relates to valuations of sites for potential land transfers betweenRenewal SA and the Council the information of which is commercially sensitiveand only known by those who have participated in the land transfer proposalprocess.

2.3 Council is satisfied that the benefit to the public at large resulting from theCouncil being able to have a frank and full participation from Renewal SA on thepotential land transfer and to finalise this commercial arrangement, outweighs thebenefit to the public in disclosing the sensitive valuation figures obtained byRenewal SA and the Council.

2.4 It is ordered that the valuations contained in both the Report to Agenda Item 18.2and Attachment A ‘Letter from Renewal SA dated 29 August 2014’ to that Reportwill not be available for public inspection for the period of 12 months at whichtime this order will be revoked/reviewed by the Council.

51


2.5 This order must be reviewed at least once every year and may bereviewed/revoked by the Council/Chief Executive Officer.

Purpose

1. To provide Elected Members with information about a Confidential Item for which theconfidential order is due to expire and a recommendation that the order be madeafresh.

Strategic Plan

2. The following Strategic Plan provision is relevant:




3.1 The Administration has reviewed these documents.

3.2 An Information Document was distributed to Elected Members on 3 August 2017providing the confidential documents for review.

Statutory



Policy

5. There are no policy implications or requirements associated with this recommendation.

Risk Assessment

6. The following risks have been identified:

6.1 Regular reviews of information that is the subject of a confidentiality order ensurethat items are released to the public, in accordance with Council resolution, in atimely manner.

6.2 There is a risk that if the recommendations are not adopted at this time, thatcommercial information of a confidential nature that has been provided by theCouncil and Renewal SA will be made public and this could reasonably beexpected to prejudice the commercial position of the Council and/or Renewal SAor confer a commercial advantage on a third party.

6.3 It would be unreasonable for the information relating to the valuations to be madepublic given that the proposed land transfers are not yet finalised, and release of

52


this information could reasonably impact upon the finalisation of thesetransactions.


7. At the time of preparing the report, the 2017/18 CEO KPIs had not been adopted byCouncil.

Finance

8. Should the information be released this could conceivably cause financial implicationsfor the Council, should it impact upon the land transfer proposal with Renewal SA byfrustrating finalisation of the transactions.

Discussion

Background

9. The confidential order is due to expire on 9 August 2017 and requires review.

Analysis

10. The above item relates to Topic 34.3 – Land Acquisition Constable Hyde MemorialGarden on the Confidentiality Items Status Table. The Administration has prepared thisreport to make the confidential order afresh that relates to this Item with the intention toextend the expiry date.

11. The Administration has prepared this Report to make the confidential order to Topic34.3 as it is due to expire on 9 August 2017. On that date, it would otherwise lapse,resulting in the valuations contained in both the Agenda Report to and Attachment A‘Letter from Renewal SA dated 29 August 2014’ to Item 18.2 of the Agenda (CouncilMeeting of 9 September 2014) becoming publicly available.

12. The matter relates to commercial information of a confidential nature as it relates to thepending land swap between the Council and Renewal SA. The information containsvaluations obtained by the Council and Renewal SA of the lands proposed for potentialtransfer.

13. The Council has received executed contracts from the Minister and the proposedsettlement date is now 25 August 2017. It is worth noting that last year when this orderwas remade settlement was also thought to have been imminent. Therefore,notwithstanding settlement is proposed in August, it would be wise for Council toremake this order for 12 months so that it does not need to revisit this matter again insuch a short period of time.

14. Disclosure of such information could reasonably be expected to:

14.1 prejudice the commercial position of the Council and Renewal SA who suppliedthe information as the transactions have not yet been finalised; and/or

14.2 confer a commercial advantage on a third party who may seek an interest in thelands pertaining to those valuations.

53


15. It would be unreasonable to disclose the documents as the information is sensitive andonly known by those who have participated in the lands transfer proposal.

16. The Administration therefore recommends that the valuations contained in both theReport to Agenda Item 18.2 and Attachment A ‘Letter from Renewal SA dated 29August 2014’ should not be available for public inspection for 12 months and subject toreview at least once each year.

Conclusion

17. It is recommended that Council remakes the confidentiality order on non-disclosure ofthe valuations in both the Agenda Report and Attachment A.

54


Item No: 14.5To: CouncilDate: 8 August 2017Author: Leonie Scriven – Group Manager, Community ConnectionsGeneral Managerand Division

Barry Cant – General Manager, Urban Services

Contact: 8366 4143Subject: COMMUNITY GRANTS SELECTION PANEL – ELECTED MEMBER

REPRESENTATIVES (OPERATIONAL)Attachments: NilPrev. Resolution: C9600, 25/2/14

C10998, 24/1/17



2. That, along with the Mayor, Council appoints the following Elected Members to theSelection Panel for the 2017/18 City of Burnside Community Funding – CommunityGrants Program:

2.1 Cr Anne Monceaux; and

2.2 Cr Di Wilkins

3. That the Community Grants Program Selection Panel present proposed CommunityGrant distributions to Council as soon as practicable following the conclusion ofscheduled funding rounds .

Purpose

1. The purpose of this report is for Council to consider and approve the appointment ofElected Member representatives to the Community Funding - Community GrantsProgram Selection Panel, in addition to the Mayor.

Strategic Community Plan


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

“Our Community is actively engaged and involved in shaping the city’s future”

Statutory

3. There are no statutory implications or requirements associated with thisrecommendation.

55


Policy

4. The following Council Policies are relevant in this instance:

Community Funding Policy

Sponsorship and Donation Policy

Communication

5. Elected Members were invited to express an interest in nominations for membership onthe 2017/2018 Community Grants Program Selection Panel (the Selection Panel)through an Information Document circulated on 29 June 2017.

6. Councillor’s Monceaux and Wilkins expressed an interest in being on the Panel.

Risk Assessment

7. If no Elected Members are appointed to the Panel, or there is a delay in theappointment of Panel members, there may be a delay in the determination ofCommunity Grant Program recipients and a resultant delay in disbursement of thefunds.


8. At the time of preparing the report, the 2017/18 CEO KPIs had not been adopted byCouncil.

Finance

9. Community Grant funds of $30,000 for the 2017/18 financial year have beenprovisioned within the adopted 2017/18 Annual Business Plan and Budget.

Discussion

10. The Mayor is automatically a member of the Selection Panel by virtue of theCommunity Funding Policy and a previous Council Resolution (C9600) which statesthe Mayor be included on an ex-officio basis as a member of all Committees andWorking Parties of Council (other than the Development Assessment Panel), effectiveforthwith.

11. Following a call through the Information Document memorandums two ElectedMembers advised of their interest in being representatives on the Selection Panel.Should other Elected Members be interested in being on the Panel, they may nominateduring the Council meeting when this report is debated. The maximum number ofElected Members on the Panel is not specified in the Policy but two to three isconsidered ideal for the purpose of coordinating meetings and decision making.

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12. In accordance with the Community Funding Policy, the role of the Community GrantsSelection Panel is to consider the applications that have been received for CommunityGrants in the 2017/18 funding rounds and make recommendations to Council as torecipients and amounts. Funding will be offered twice per year with the next rounds asfollows:

12.1 Round One – Applications opened on Monday 3 July 2017 and to close onMonday 7 August 2017; and

12.2 Round Two – Applications open on Monday 8 January 2018 and close onMonday 12 February 2018.

Conclusion

13. Councillors Monceaux and Wilkins have expressed an interest in being representativeson the Community Grants Program Selection Panel to provide recommendations toCouncil for the distribution of Community Grant funds in 2017/18.

14. It is recommended that Council endorses the composition of the Community GrantsProgram Selection Panel.

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Item No: 14.6To: CouncilDate: 8 August 2017Author: Kelly Burns – Urban Services Project OfficerGeneral Managerand Division

Barry Cant – General Manager, Urban Services

Contact: 8366 4223Subject: REVIEW OF ORIENTEERING COURSE IN HAZELWOOD PARKAttachments: A. Map of Orienteering CoursePrev. Resolution: C10249, 14/7/15



2. That the Tintookie Orienteering Club be permitted to continue using Hazelwood Parkas a location for orienteering.

Purpose

1. To provide Council with a review on the orienteering course in Hazelwood Park.

Strategic Plan


“Environmentally sustainable development which complements the City’s character.”

“Sustainable, engaging, healthy and functional public spaces and streetscapes.”

“High quality sport and recreational opportunities and facilities that foster healthylifestyles.”

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

“Natural environments and watercourses protected, conserved and enjoyed.”

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

“Our community is actively engaged and involved in shaping the City’s future.”



3.1 The Report has been reviewed by various Council Departments including Assets& Infrastructure, Operations Services and Community Connections; and

3.2 Discussion has taken place with the Tintookies Orienteering Club.

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Statutory


Disability Discrimination Act 1992

Policy

5. The following Council Plans, Strategies and Policies are relevant in this instance:

Arts, Culture, Heritage and Recreation Policy

Be the Future of Burnside – Our Strategic Community Plan 2016-2026

Community Access, Inclusion and Participation Policy

Eastern Health Authority Regional Public Health Plan

Open Space Policy

Open Space Strategy

Sport and Recreation Strategy

Tree Management Policy

Risk Assessment

6. It is the opinion of the Administration that the current practice of orienteering is anappropriate activity to occur in Hazelwood Park and that participants create no greaterrisks to themselves, the environment or other Park users, than any of the otherrecreational and leisure activities that currently occur in the Park.

7. Failure to approve the continuation of the orienteering course in Hazelwood Park couldresult in people setting up unofficial, temporary Courses which have no Council-setconditions or boundaries to abide by.


8. There are no impacts on or threats to achieving the CEO’s Performance Indicators withthis recommendation.

Finance

9. There are no financial implications associated with this review.

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Discussion

Background

10. In July 2015, Council approved a proposal by Tintookies Orienteering Club to install anorienteering Course at Hazelwood Park (C10249). This approval was subject to severalconditions including the number, placement and maintenance of Course markers.

11. Following the approval, the Tintookies Orienteering Club established an orienteeringcourse in Hazelwood Park in August 2016. In accordance with the Council Resolution,it was agreed “That the Administration review the operation of the Course after 12months of installation and, if it is considered that the Course is inappropriate to thePark, request the nominated Club remove the Markers and signage at its cost.”

Review

12. The Course in Hazelwood Park has been reviewed in line with the conditions placedupon it in the Council Resolution (C10249).

13. The Tintookies Orienteering Club has followed all conditions placed upon it and hasworked closely with Administration to ensure that the Course is safe and accessible.

CONDITION COMPLIANT? (YES/NO)1.1 Maximum of 15 Control Markers Yes1.2 Maximum Marker size 90mm x 90mm Yes1.2 Markers are only to be attached to existing

structures (e.g. fence posts, fence railings, seatbacks and other Park fixtures)

Yes

1.3 Markers not be attached to living trees ormemorials

Yes

2.1 Marker locations be non-invasive, by utilisingexisting paths & infrastructure

Yes

2.2 Allow wheelchair and pram access Yes – only known Course inSA to have this feature

2.3 Course will reduce impact on sensitive areas ofthe Park such as garden beds

Yes – markers are notlocated in places thatrequire walking throughgarden beds or similar

2.4 Course will not include areas of the creek line Yes3.1 Start sign be professionally made Yes – one sign installed by

carpark entrance nearAdventure Playground,displaying information andserving as Start/Finish point

3.2 Administration be consulted on location, style,size, design of signage

Yes

4 Tintookies Orienteering Club responsible formaintenance of Makers and signage

Yes – Club has followedinstructions and beenprompt in making changesas required

14. During the one-year period that the course has been in operation, there has been onecomplaint made to Council which related to the placement of a marker on the back of abench that included a memorial plaque.

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15. While technically the placement of the marker was compliant with the conditions placedby Council, through discussions between the Administration and the TintookiesOrienteering Club, it was agreed to relocate the marker to an area deemed moresuitable by both parties. This relocation was agreed to immediately and enactedpromptly.

16. Other than this one complaint, there have been no further reports of improperbehaviour or crowding in Hazelwood Park as a result of the course being installed. Asthe park is subject to regular community feedback, the Administration is confident thatCouncil would have been made aware of any ongoing community dissatisfaction withregard to the Course being in place.

17. In the one year that the course has been in operation, there have been 162 downloadsof the course map. Many of these were by families, in addition to at least 11 schools,including Linden Park Primary School and Pulteney Grammar School. Many of thegroups and families using the course appear to do so when visiting Hazelwood Park forother reasons, such as picnics, using the playground and accessing the George BoltonSwimming Centre.

18. There are three courses set up in Hazelwood Park, using different combinations of the15 markers available. One of these Courses is wheelchair and pram friendly and it isbelieved that this is the only wheelchair/pram friendly Course in South Australia.

19. The Tintookies Orienteering Club has adhered to all conditions placed upon it.

20. It is recommended that the Course be permitted to remain in place permanently, withthe following conditions:

23.1 The Tintookies Orienteering Club is to remain responsible for the Course andany maintenance issues;

23.2 The Course will remain safe and adhere to the conditions of the originalresolution (C10249); and

23.3 Any complaints relating to the Course will be followed up by Administration, andif changes to the Course are required, this will be communicated to theTintookies Orienteering Club with the expectation that work will be undertakento resolve the issue as soon as practicable.

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Item No: 14.7To: CouncilDate: 8 August 2017Author: Lara Jones – Executive Assistant / Project OfficerGeneral Managerand Division

Martin Cooper – General Manager, Corporate Services

Contact: 8366 4202Subject: BY-LAW MANAGEMENT AND ENFORCEMENT – HALF YEARLY

REPORT (OPERATIONAL)Attachments: NilPrev. Resolution: C9023, 12/2/13

C10065, 24/2/15


That the Report be received.

Purpose

1. To provide Elected Members with a summary of the management and enforcement ofthe City of Burnside By-Laws from January 2017 to June 2017 inclusive.

Strategic Plan

2. The following Strategic Plan provision is relevant:




3.1. Discussions with internal stakeholders including the Asset and Engineering,Operations, City Development and Safety, Customer Services and CommunityServices teams.

Statutory



Dog and Cat Management Act 1995

Policy

5. There are no policy implications associated with the recommendation.

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Risk Assessment

6. There are no known risks associated with the recommendation.



Finance

8. There are no financial implications for the City of Burnside in respect of therecommendation.

Discussion

Background

9. On 12 February 2013, Council resolved (C9023), in part:

That a Report be brought to Council each quarter, commencing end of March 2013,covering activities for the management and enforcement of each of Council’s By-Laws.

10. On 24 February 2015, Council resolved (C1065), in part:

That the By-Law management and Enforcement Report be provided to Council on a sixmonthly basis.

11. This report covers the period January 2017 to June 2017 inclusive (the subject period).A summary of the purpose of the By-Law (taken from each By-Law) is included in thereport for clarity. The By-Laws may be viewed on the Council website.

12. ‘Nil reports’ means that in the subject period, there were no reports of breaches of theBy-Law, being reports from staff (particularly from the Operations and Rangers teams)or from members of the public or Elected Members.

Analysis

13. By-Law 1: Permits and Penalties – to provide for a permit system and continuingpenalties in Council By-Laws, to clarify the construction of such By-Laws and to repealBy-Laws. No action required.

14. By-Law 2: Moveable Signs – to set standards for moveable signs on roads and toprovide conditions for and the placement of such signs.

14.1 During the subject period, the Rangers dealt with five non-complying moveablesigns.

14.2 Two applications were received for exemption to the moveable sign By-Law inrelation to location of the sign. One of these is under consideration as part of aDevelopment Application and the other is to be considered by Council in August2017.

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15. By-Law 3: Local Government Land – for the management and regulation of the use ofand access to local government land vested in or under the control of Council,including the prohibition and regulation of particular activities on local government land.

15.1 Rangers include major parks, particularly on weekends, in their patrols andrespond to complaints.

15.1.1 Weddings, Funerals or Special Events: In total, 23 permits were issuedfor events in Attunga Gardens, Fergusson Square, Hazelwood Park,Kensington Gardens Reserve and Tusmore Park – Hanson Reserve.Rangers and the Operations Depot were advised of the bookingsthrough a weekly report.

15.2 During patrols, Rangers may direct people to cease an activity or otherwisecomply with the By-Law, and providing they comply, they will not be expiatedand no record is made of the incident. Individuals who do not comply areexpiated, but this is an unusual occurrence.

15.3 A summary of activities by permission only by subsection of the By-Law hasbeen provided as follows:

15.3.1 Advertising: Nil reports.

15.3.2 Amplification: Eight items permitted for a total of 23 events, with nilreports.

15.3.3 Animals: Nil reports.

15.3.4 Annoyance: Two items permitted for a total of 23 events, with nilreports.

15.3.5 Aquatic: Nil reports.

15.3.6 Athletic and Ball Sports: One report.

15.3.7 Attachments to Trees: One report.

15.3.8 Camping and Tents: Three reports.

15.3.9 Canvassing: Nil reports.

15.3.10 Cemeteries: Nil reports.

15.3.11 Closed Lands: Nil reports.

15.3.12 Dispose of Dead Animals: There were 108 reports of dead animals(mostly possums) in the subject period. Operation Services staffresponded and the animals were removed. There was no indicationthat the (various) animals had been deliberately abandoned.

15.3.13 Defacing Property: The Volunteer Graffiti Removal teams responded to103 reports of graffiti in the subject period.

15.3.14 Distributing: Nil reports.

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15.3.15 Donations: Nil reports. Combined total of 15 days of fundraising at theavailable location of Civic Centre Cloisters / Library Foyer.

Recipients: Brooke & Co Ent P/L for Blind Sports Australia; St GeorgesBranch Red Cross; Kids Cancer Society of Australia; and Brooke & CoEnt P/L for Soldier On.

15.3.16 Encroachment: During the subject period, Council progressed thenegotiations in respect to encroachments located at:

15.3.16.1 Magill Stone Mine Reserve (Three encroachments).

15.3.16.1.1Council resolved to proceed with publicconsultation to revoke the Community Landstatus over the portions of land that have beenencroached upon with the understanding that ifthe status is revoked, the land will be sold to theadjoining owners at a pre-determined price.Public Consultation was completed in April 2014.

An Application was submitted and approved bythe Minister for State/Local GovernmentRelations. In December 2014, Council resolvedto revoke Community Land status of the subjectland and work with the adjoining owners toprogress boundary realignment approvals andsubsequent sales.

15.3.16.1.2Council has authorised the Chief Executive Officerto undertake any and all actions necessary tofinalise the sale of the portions of land.

15.3.16.1.3Two of the encroachments have been remedied(via the sale of land to the adjoining owner).The remaining encroaching land owner hasappointed a surveyor to undertake a boundaryrealignment approval which is currentlyunderway and nearing completion. Onceapproved, the sale of the land can be finalised.

15.3.16.2 WH Holmes Reserve (6 encroachments).

15.3.16.2.1Council has resolved to proceed with publicconsultation to revoke the Community Landstatus over the portions of land that have beenencroached upon with the understanding that ifthe status is revoked, the land will be sold to theadjoining owners at a pre-determined price.Public Consultation was completed in April2014. An application was submitted andapproved by the Minister for State/LocalGovernment Relations. In December 2014,Council resolved to revoke Community Landstatus of the subject land and work with the

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adjoining owners to progress boundaryrealignment approvals and subsequent sales.

15.3.16.2.2Council has authorised the Chief Executive Officerto undertake any and all actions necessary tofinalise the sale of the portions of land.

15.3.16.2.3Two of the encroachments have been remedied(through the sale of land to the adjoiningowner). The remaining four encroaching landowners have submitted a Plan of Division andan Application for Deposit to Council forapproval. Once approved, the sale of the landcan be finalised.

15.3.16.3 A review of the Geographic Information System (GIS) hasidentified four other reserves where encroachments mayhave occurred, but due to tolerances of using aerialphotography an on-site survey is required to verify if theyare actual encroachments. These matters will be pursuedas and when resources are available as they are typicallycomplex issues that require extensive consultation, and aconsiderable investment of time and effort to resolve.

15.3.17 Entertaining: Nil reports.

15.3.18 Fires: Nil reports.

15.3.19 Fireworks: Nil reports.

15.3.20 Flora and Fauna: Nil report.

15.3.21 Games: Nil reports.

15.3.22 Liquor: Nil reports.

15.3.23 Litter: The Operation Services staff reported 197 instances of dumpedrubbish by unknown persons. Rangers received 99 complaints ofrubbish dumped by known persons. In each known case of rubbishbeing dumped, the Rangers spoke to the person/s involved, advisingthem to remove the rubbish with compliance occurring on eachoccasion.

15.3.24 Overhanging Articles: 25 requests were received during this period.

15.3.25 Picking Fruit: Nil reports.

15.3.26 Posting of Bills: Nil reports.

15.3.27 Preaching: Nil reports.

15.3.28 Removing Soil: Nil reports.

15.3.29 Repairs to Vehicles: Nil reports.

15.3.30 Rubbish Dumps and Rubbish Bins: Nil reports.

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15.3.31 Smoking: Nil reports.

15.3.32 Structures: Nine reports.

15.3.33 Structures: 22 items permitted for a total of 23 events, with nil reports.

15.3.34 Toilets: Nil reports.

15.3.35 Trading: Nil reports.

15.4 A summary of prohibited activities by subsection of the By-Law has beenprovided as follows:

15.4.1 Glass: Nil reports.

15.4.2 Interference with Land: Nil reports.

15.4.3 Interference with Permitted Use: Nil reports.

15.4.4 Missiles: Nil reports.

15.4.5 Obstruction: Nil reports.

15.4.6 Solicitation: Nil reports

15.4.7 Use of Equipment: Nil reports.

15.4.8 Waste: Nil reports.

16. By-Law 4: Roads – for the management, control and regulation of activities on roads.For the purpose of this By-Law, the term road includes the road reserve (ie footpath,verge, median strip etc).

16.1 Rangers patrol the roads and respond to complaints. Breaches of this By-Lawoccur infrequently.

16.2 During patrols, Rangers may direct people to cease an activity or otherwisecomply with the By-Law and providing they comply, they will not be expiatedand no record is made of the incident. Individuals who do not comply areexpiated, but this is an unusual occurrence.

16.3 A summary of activities by permission only by subsection of the By-Law hasbeen provided as follows:

16.3.1 Advertising: Nil reports.

16.3.2 Amplification: Nil reports.

16.3.3 Animals: Nil reports.

16.3.4 Camping: One report.

16.3.5 Donations: Nil reports. Combined total of three days of fundraising atthe available location of Greenhill Road, Glenside.

Recipients: Alannah and Madeline Foundation.

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16.3.6 Exhibition or Display: Nil reports.

16.3.7 Posting of Bills: Nil reports.

16.3.8 Preaching: Nil reports.

16.3.9 Repairs to Vehicles: Nil reports.

17. By-Law 5: Dogs – to limit the number of dogs that can be kept on premises and toprovide for the management and control of dogs within the Council area (By-Law madeunder the Dog and Cat Management Act 1995 and the Local Government Act 1999).

17.1 A summary of activities by subsection of the By-Law follows:

17.1.1 Limit on Dog Numbers: Two applications for additional dogs over thelimit were received and approved.

17.1.2 Dog Free Areas: Nil reports.

17.1.3 Dogs On Leash Areas: Nil reports.

17.1.4 Dog Exercise Areas: Nil reports.

18. By-Law 6: Waste Management – to regulate and control the removal of domestic,recyclable and green organic waste from premises, for the prevention and suppressionof nuisances, and for regulating the management of Council property.

18.1 A summary of activities by subsection of the By-Law follows:

18.1.1 Provide Containers: Council endorsed a revised Kerbside WasteManagement Policy in 2014 that manages and guides the provision ofall waste bins (containers) to the community. Each (rateable) propertyis entitled to a general waste, organics, and recycle bin. The binsremain the property of the City of Burnside.Each bin has been fitted with RFID tagging that enables Council toidentify missing or stolen bins, track and manage potential misuse ofbins, and where appropriate act in response to such misuse. In thesubject period, 84 bins were reported as stolen or misplaced.

18.1.2 Damage: Council manages damaged bin reports on a reactive basis,i.e. in response to requests from property owners. All requests are nowadministered by East Waste directly and recorded through a softwarepackage referred to as ‘Waste Track’. All requests associated withdamaged bins are collated and forwarded to the bin manufacturer forrepairs. There have been 185 bin repair requests in the subject period,covering Waste (red), Organics (green) and Recyclable (yellow) bins.189 bins were replaced due to irreparable damage in the subjectperiod. East Waste is invoiced for all costs related to collection damageof bins.

18.1.3 Collection Services: The majority of bin requests are managed throughCouncil’s Property and Rating Request System or through East Wastereports that are issued daily. For the subject period, Council receivedthrough the East Waste operations depot 482 non collection requests,covering Waste (red), Organics (green) and Recyclable (yellow) bins.The majority of those requests were resolved within one day, however

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service exceptions for persistent non-collection of bins across the Citydue to incorrect placement, overloading of waste bins, and failure topresent bins at the appropriate times, are dealt with internally by EastWaste and senior Council staff. In the subject period, Ranger Serviceshad no complaints of bins being left out after collection day.

18.1.4 Hard Waste Collection: In the subject period, three reports of illegallydumped waste were processed. Rangers respond to requestsassociated with illegally dumped material and, where appropriate,consider prosecution, however in most cases Rangers will (whereappropriate) consult with the property owner(s) that are suspected ofplacing material out on the Council verge.

18.1.5 During the subject period residents could dispose of E Waste items forfree at the Glen Osmond Recycle Centre.

18.1.6 Council’s new At Call Hard Waste service trial commenced 1 July 2015.During the subject period 1,992 customers utilised the service, withmore than 281 tonnes of hard waste collected. Customers waited anaverage of 20 days from the date of booking until their allocated hardwaste collection date. 56 customers requested a second collectionwithin the financial year at an extra cost, paid by the customer.

18.1.7 Interference with garbage / hard rubbish: Nil reports.

19. By-Law 7: Lodging Houses – for controlling, licensing, inspecting and regulatinglodging houses.

19.1 During the subject period, Nil complaints were received.

Conclusion

20. This report provides a summary of the management and enforcement of the City ofBurnside By-Laws from January 2017 to June 2017 inclusive. Management andenforcement of By-Laws is an ongoing and coordinated task across many areas ofCouncil Administration and will continue to be reported to Council on a half yearlybasis.

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Item No: 14.8To: CouncilDate: 8 August 2017Author: Magnus Heinrich – Group Manager, City Development and SafetyGeneral Manager: Martin Cooper – General Manager, Corporate ServicesContact: 8366 4136Subject: APPLICATIONS FOR THE ESTABLISHMENT OF NON-

COMPLIANT SIGNSAttachments: A. By-Law No. 2 – Moveable Signs

B. By-Law No.4 – RoadsC. Application for an A-frame sign – 23 Swift Avenue, DulwichD. Application for corflute signs – a Boutique Life

Prev. Resolution: N/A



2. That Council does not approve the application to establish corflute signs on any stobiepoles in the City of Burnside, made by Tracey Bryans, in relation to the event ‘aBoutique Life’.

3. That Council does not approve the application to display an A-frame (moveable) sign atthe corner of Dulwich Avenue and Kitchener Avenue, made by Qingnan Meng inrelation to business premises located at 23 Swift Avenue, Dulwich.

Purpose

1. To provide information to Council in relation to two separate requests received for theestablishment of signage which is not consistent with current Council By-Laws.

Strategic Plan


“Sustainable, engaging and functional community public spaces and streetscapes”




3.1 Correspondence has been received in relation to two separate proposals toestablish signage on the public road, not consistent with Council By-laws.

3.2 Internal discussions have been held with Team Leader Ranger Services and theTeam Leader Planning Services.

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Statutory



Development Act 1993

Policy

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

By-Law No. 2 – Moveable Signs

Risk Assessment

6. There is a risk that applying By-Laws inequitably opens up other enforcements tochallenge and undermines Council’s impartiality in its enforcement processes.



Finance

8. The failure to remove a non-complying movable sign may result in an expiation noticebeing issued of $187.50.

Discussion

9. By-Law No. 2 – Moveable Signs outlines out the powers of Council’s AuthorisedOfficers in relation to moveable signs that do not comply with the requirements of theBy-Law. An Authorised Officer may give a direction that the sign be removed from theroad. If the direction is not complied with or if the owner cannot be found, then theAuthorised Officer may remove the sign. An example of when an Authorised Officerwould remove a sign immediately is where a business sign is identified and thebusiness is not in the vicinity of the sign.

10. It should be noted that By-Law No. 2 does allow, with the permission of Council, thegranting of exemptions to signs. There are no guidelines in relation to what reasonsCouncil would accept in order to provide an exemption to the By-Law.

11. Two separate requests for the establishment of signage not consistent with Council By-Laws have been received and are discussed below.

A-Frame – Corner of Dulwich Avenue and Kitchener Avenue, Dulwich

12. A written request has been received from the proprietors of an existing café at 23 SwiftAvenue, Dulwich to place an A-Frame sign on the corner of Kitchener and DulwichAvenues, Dulwich.

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13. The purpose of the sign is to attract more passing trade on the basis that DulwichAvenue carries more traffic than the roads on which the business is on.

14. The moveable sign does not to comply with the following provisions of By-Law No. 2:

‘(4.5) A moveable sign must be placed directly in front of the business premises towhich it relates.

(4.8) A moveable sign must be adjacent to the premises of the business to which itrelates.’

15. The sign is proposed to be approximately 75 metres from the relevant business.

16. It is considered that other appropriate means of advertising should be considered inorder to attract customers to the café on the corner of Swift and Kitchener Avenues.

Corflute Signs – ‘a Boutique Life’

17. A written application has been received to establish 10 corflute signs on stobie poles.

18. The general locations are

18.1. Along Kensington Road (between Glynburn Road and Hallett Road); and

18.2. Along Magill Road (between Portrush Road and Penfold Road) – southern side.

19. The signs have the general appearance of election signs and are proposed to advertise‘a Boutique Life’ design market to be held on Sunday 27 August 2017.

20. The market is an opportunity for the community to ‘find unique South Australianproducts such as fashion, jewellery, art, homewares, accessories and children’s wearall in the one location; St John’s Grammar School in Belair.

21. By-Law 4 (Roads) has relevance to the request as, unless permission is granted by theCouncil, no advertisements (other than electoral material) may be affixed to buildingsor structures on roads.

22. The By-Law also prohibits any commercial advertising sign, other than a moveable signdisplayed in accordance with By-Law 2.

23. It is considered that there is insufficient justification to allow corflute signs on stobiepoles, particularly in light of the precedent and future expectations that would be set.

Conclusion

24. Based on the non-compliance with relevant By-Laws and there not being sufficientjustification or rationale, it is deemed appropriate that Council do not approve theaforesaid applications.

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271544\PSK01367745

CITY OF BURNSIDE

By-law made under the Local Government Act 1999

By-Law No 2 - Moveable Signs

To set standards for moveable signs on roads and to provide conditions for the appearance and placement of such signs.

1. Definitions

In this by-law:

1.1 ‘authorised person’ means a person appointed as an authorised person pursuant

to Section 260 of the Local Government Act 1999;

1.2 ‘business’ means the business to which a moveable sign relates;

1.3 ‘business premises’ means the premises from which a business, trade or calling is conducted;

1.4 ‘footpath area’ means:

1.4.1 that part of the road between the property boundary of the road and the

edge of the carriageway on the same side as that boundary; or

1.4.2 a footway, laneway or other place made or constructed for the use of

pedestrians and not for the use of vehicles;

1.5 ‘moveable sign’ has the same meaning as in the Local Government Act 1999;

1.6 ‘road’ has the same meaning as in the Local Government Act 1999.

2. Construction

A moveable sign must:

2.1 be of a kind known as an ‘A’ frame or sandwich board sign, an ‘inverted ‘T’’ sign or

a flat sign, or, with the permission of the Council, a sign of some other kind;

2.2 be designed, constructed and maintained in good condition so as not to present a hazard to any member of the public;

2.3 be of strong construction so as to be stable when in position and to be able to

keep its position in adverse weather conditions;

2.4 not contain any sharp or jagged edges or corners;

2.5 not be unsightly or offensive in appearance or content;

2.6 not rotate or contain moving parts;

2.7 be constructed of timber, cloth, metal, plastic or plastic coated cardboard, or a mixture of such materials;

2.8 not contain flashing lights or be illuminated internally;

2.9 not be more than 1 metre high, 600mm wide and 600mm deep;

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271544\PSK01367745

- 2 -

2.10 not have a display area exceeding 700mm square in total or, if the sign is two sided, 700mm square on each side;

2.11 be stable when in position;

2.12 in the case of an ‘A’ frame or sandwich board sign:

2.12.1 be hinged or joined at the top;

2.12.2 be of such construction that its sides shall be securely fixed or locked in position when erected; and

2.13 in the case of an ‘inverted ‘T’’ sign, contain no struts or supports that run between

the display area and the base of the sign.

3. Appearance

A moveable sign must, in the opinion of an authorised person:

3.1 be painted or otherwise detailed in a competent and professional manner;

3.2 be aesthetically appealing, legible and simply worded to convey a precise message;

3.3 be of such design and contain such colours as are compatible with the architectural

design of the premises adjacent to the sign, and which relate well to the townscape and overall amenity of the locality in which it is situated and not detract from or conflict with traffic, safety or direction signs or signals; and

3.4 contain combinations of colour and typographical styles which blend in with and

reinforce the heritage qualities of the locality and the buildings where it is situated.

4. Placement

A moveable sign must:

4.1 only be placed on the footpath area of a road;

4.2 where there is no kerb to define the footpath area, be set back from the edge of the

carriageway by no less than 400mm;

4.3 in the case of a flat sign, the message of which only contains newspaper headlines and

the name of a newspaper, be in line with and against the business to which it relates;

4.4 be no less than 2 metres from any structure, fixed object, tree, bush or plant (including

another moveable sign);

4.5 be placed directly in front of the business premises to which it relates;

4.6 not be placed on a sealed part of any footpath area unless the sealed part is wide

enough to contain the sign and still leave a clear thoroughfare of at least 1.8 metres;

4.7 not be placed within 10 metres of the corner of a road;

4.8 be adjacent to the premises of the business to which it relates;

4.9 not be placed on a landscaped area;

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271544\PSK01367745

- 3 -

4.10 not be placed on a designated parking area or within 1 metre of an entrance to or exit

from premises; and

4.11 not unreasonably restrict the use of the footpath area.

5. Restrictions

5.1 A moveable sign must:

5.1.1 only display material which advertises a business being conducted on

commercial premises adjacent to the sign or the products available from that business;

5.1.2 be limited in number to one moveable sign per business premises;

5.1.3 only be displayed when the business to which it relates is open to the public;

5.1.4 be securely fixed in position such that it cannot be blown over or swept away;

5.1.5 not be placed in such a position or in such circumstances that the safety of

any user of the road is at risk;

5.1.6 not be displayed during the hours of darkness unless it is in a clearly lit area

and is clearly visible; and

5.1.7 not to be displayed on a median strip, traffic island or on a carriageway of a

street or road.

5.2 If in the opinion of the Council a footpath area or other area forming the boundary of any road is unsafe or unsuitable for the display of moveable signs the Council may by resolution prohibit or restrict the display or placement of a moveable sign or the times at which a moveable sign may be displayed or placed in that area.

6. Exemptions

6.1 Sub-paragraphs 4.5 and 5.1.1 do not apply to a moveable sign which is used:

6.1.1 to advertise a garage sale taking place from residential premises;

6.1.2 as a directional sign to an event run by an incorporated association or a

charitable body; or

6.1.3 with permission of the Council.

6.2 Sub-paragraphs 5.1.1, 5.1.2 and 5.1.3 do not apply to a flat sign, the message of which

only contains newspaper headlines and the name of a newspaper and which must be displayed and located flat against a wall of the business premises at all times.

6.3 This by-law does not apply to a moveable sign which is:

6.3.1 placed on a road pursuant to an authorisation under the Local Government

Act 1999 or another Act; or

6.3.2 designed to direct people to the open inspection of any land or building that is

available for purchase or lease; or

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6.3.3 related to a Commonwealth or State election and is displayed during the period commencing on the issue of the writ or writs for the election and ending at the close of polls on polling days; or

6.3.4 related to an election held under the Local Government Act 1999 or the Local

Government (Elections) Act 1999 and is displayed during the period commencing four (4) weeks immediately before the date that has been set (by or under either Act) for polling day and ending at the close of voting on polling day.

7. Removal of Non-complying Moveable Signs

7.1 If:

7.1.1 the design or construction of a moveable sign that has been placed on a road

does not comply with a requirement of this by-law; or

7.1.2 the positioning of a moveable sign does not comply with a requirement of this

by-law; or

7.1.3 any other relevant requirement of this by-law is not complied with; or

7.1.4 the moveable sign unreasonably:

7.1.4.1 restricts the use of the road; or

7.1.4.2 endangers the safety of members of the public,

an authorised person may order the owner of the sign to remove the sign from the road.

7.2 A person must comply with an order of an authorised person made pursuant to

subparagraph 7.1 of this by-law.

7.3 If the authorised person cannot find the owner, or the owner fails to comply immediately

with the order of an authorised person, the authorised person may remove and dispose of the moveable sign.

7.4 The owner or other person entitled to recover a moveable sign removed pursuant to

subparagraph 7.3 of this by-law must pay to the Council any reasonable costs incurred by the Council in removing, storing and attempting to dispose of the moveable sign before being entitled to recover the moveable sign.

8. Removal of Complying Moveable Signs

8.1 The owner of, or other person responsible for, a moveable sign must remove or

relocate the moveable sign at the request of an authorised person if, in the reasonable opinion of that authorised person, and notwithstanding compliance with this by-law, there is any hazard or obstruction or there is likely to be a hazard or obstruction arising out of the location of the moveable sign.

8.2 The owner of, or other person responsible for, a moveable sign must remove or

relocate the moveable sign at the request of an authorised person for the purpose of special events, parades, road works or in any other circumstances which, in the reasonable opinion of the authorised person, requires relocation or removal of the moveable sign to protect public safety or to protect or enhance the amenity of a particular locality.

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The foregoing by-law was duly made and passed at a meeting of the City of Burnside held on the 26

th day of July 2011 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 Paul Deb Chief Executive Officer

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CITY OF BURNSIDE

By-law made under the Local Government Act 1999

By-Law No 4 - Roads

For the management, control and regulation of activities on roads in the Council’s area. 1. Definitions

In this by-law:

1.1 ‘authorised person’ has the same meaning as in the Local Government Act 1999;

1.2 ‘electoral matter’ has the same meaning as in the Electoral Act 1995;

1.3 ‘moveable sign’ has the same meaning as in the Local Government Act 1999; and

1.4 ‘road’ has the same meaning as in the Local Government Act 1999.

2. Activities Requiring Permission

No person shall without permission on any road:

2.1 Advertising

display any sign for the purpose of commercial advertising, other than a moveable sign which is displayed on a road in accordance with the Council’s moveable signs by-law;

2.2 Amplification

use an amplifier or other device whether mechanical or electrical for the purpose of amplifying sound or broadcasting announcements or advertisements;

2.3 Animals

allow any horse, cattle, sheep or other livestock to stray onto, graze, wander or be left unattended on any road to which the Council has, by resolution, determined this sub-paragraph shall apply;

2.4 Camping

2.4.1 erect any tent or other structure of calico, canvas, plastic or similar material

as a place of habitation;

2.4.2 camp or remain overnight;

2.5 Donations

ask for or receive or indicate that he or she desires a donation of money or any other thing or otherwise solicit for charitable purposes;

2.6 Exhibition or Display

2.6.1 sing, busk or play any recording or musical instrument;

2.6.2 conduct or hold any concert, festival, show, public gathering, circus, meeting

performance or any other similar activity;

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2.6.3 cause any public exhibitions or displays;

2.7 Posting of Bills

post or allow or cause to be posted any bills, advertisements or other papers or items on a building or structure on any road except for:

2.7.1 any electoral matter posted on a building or structure by or with the authority

of a candidate which is related to a Commonwealth or State election and is posted during the period commencing on the issue of the writ or writs for the election and ending at the close of polls on polling day; or

2.7.2 any electoral matter posted on a building or structure by or with the authority

of a candidate which is related to an election held under the Local Government Act 1999 or the Local Government (Elections) Act 1999 and is posted during the period commencing four (4) weeks immediately before the date that has been set (either by or under either Act) for polling day and ending at the close of voting on polling day; or

2.7.3 any matter posted during the course of and for the purpose of a Referendum;

2.8 Preaching

preach, harangue or otherwise solicit for religious purposes;

2.9 Repairs to Vehicles

perform the work of repairing, washing, painting, panel beating or other work of any nature on or to any vehicle, provided that this paragraph shall not extend to running repairs in the case of breakdown.

3. Directions

Any person on a road must comply with any reasonable direction or request from an authorised person relating to:

3.1 that person’s use of the road;

3.2 that person’s conduct and behaviour on the road;

3.3 that person’s safety on the road;

3.4 the safety of other persons on the road;

3.5 the enjoyment of the road by other persons; and

3.6 the possible damage to lawn, grass, trees, shrubs, buildings, structures or objects on

the road.

4. Removal of Animals and Directions to Persons

4.1 If any animal is found on a road in breach of a by-law any person in charge of the

animal shall remove it on the request of an authorised person.

4.2 An authorised person may:

4.2.1 remove the animal if a person fails to comply with the request, or if no person

is in charge of the animal;

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4.2.2 direct any person who is considered to be committing or has committed a breach of this by-law to leave that part of the road, and failure to comply with that direction forthwith is a breach of this by-law; and

4.2.3 direct any person who is considered to be committing or has committed a

breach of this by-law to cease that action and to take specified action to remedy the breach.

5. Exemptions

The restrictions in this by-law do not apply to any Police Officer, Council Officer or employee acting in the course and within the scope of that person’s normal duties, or to a contractor while performing work for the Council and while acting under the supervision of a Council Officer or an emergency worker when driving an emergency vehicle while driving that vehicle in relation to an emergency situation as defined in the Road Traffic (Road Rules – Ancillary and Miscellaneous Provisions) Regulations 1999 and the Australian Road Rules 1999.

6. Application of Paragraphs

Sub-paragraph 2.3 of this by-law shall apply only in such portion or portions of the area as the Council may by resolution direct in accordance with Section 246(3)(e) of the Local Government Act 1999.

The foregoing by-law was duly made and passed at a meeting of the City of Burnside held on the

26th

day of July 2011 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 Paul Deb Chief Executive Officer

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APPLICATION FOR AN A-FRAME DISPLAY AT 23 SWIFT AVENUE, DULWICH –QINGNAN MENG

I am the business owner of Corner Store Café at 23 Swift Avenue in Dulwich.Normally I put my business sign in front of my shop, because Kitchener Ave is quietstreet which is not many traffic. I apply to relocate my business signboard to DulwichAv cross Kitchener Ave, for promote my business to let more people know. Whichwould be let me getting more busier and can also have a chance to increase morejob opportunities.

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APPLICATION FOR A STOBIE POLE CORFLUTE SIGNAGE - TRACEY BRYANS

We would like to seek approval from the elected members to place our corflutesignage in the City of Burnside boundary to advertise our upcoming a Boutique Lifedesign market which is to be held on Sunday 27th August.

Are you able to put our proposal forward in order for us to display corflutes in thefollowing locations.

Locations - 10 Corflutes

Along Kensington Road (between Glynburn Rd & Hallett Rd)Along Magill Road (between Portrush Rd & Penfold Rd) - Southern side

Here is an image of the corflute. The size is 390mm x 1000mm.

I hope this helps.

Tracey BryansDirector

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1 August 2017 The Mayor of Burnside Mr David Parkin City of Burnside PO Box 9 Glenside SA 5065 Dear Mayor

Re: Consultation on the declaration of the Declared Area and Declared Period

and for the 2018 Adelaide 500. _____________________________________________________________________ I write to you on behalf of the Hon Leon Bignell MP, the Minister responsible for the South Australian Motor Sport Act 1984. BACKGROUND

The Adelaide 500 (the event and formerly called the Clipsal 500 Adelaide) is staged by Events South Australia, a part of the South Australian Tourism Commission (SATC), pursuant to powers provided under the South Australian Motor Sport Act, 1984 (the Act). Pursuant to Section 20 (1) of the Act, the Minister may declare:

a) a specified area (consisting of public road or parkland or both) in Adelaide, to be a declared area under the Act for the purposes of the event; and

b) a specified period (not exceeding 5 days) to be a declared period under this Act for the purposes of the event; and

c) a specified period or periods (prescribed works periods) under the Act during which the SATC may have access to land within a declared area for the purpose of carrying out works in the manner contemplated by Section 22 (1a) (and different periods may be specified in respect of different categories of work).

Pursuant to Section 20(4) of the Act, the Minister must not make any declaration under this Section unless or until the Minister has consulted with:

a) the Minister administering the Adelaide Park Lands Act 2005; and b) any relevant Council; and c) the Adelaide Park Lands Authority.

DECLARATION OF DECLARED AREA

For the 2018 event the Declared Area will be the same as what was utilised for the 2017 event, which allowed for the expansion of the Gluttony site to the south of the O’Bahn tunnel. A drawing showing the proposed Declared Area is attached.

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DECLARATION OF DECLARED PERIOD

The tentative dates for the 2018 event are Thursday 1 March to and including Sunday 4 March 2018, these dates will be confirmed by the end of September 2017. In accordance with previous practice, it is proposed that the Declared Period cover the event days as well as the day immediately before, Wednesday 28 February 2018. I advise that I have also provided information on the Declared Area and Declared Period, for the purpose of consultation, to the Minister responsible for the Adelaide Park Lands Act, Hon. John Rau MP, to the Lord Mayor of Adelaide, Mr Martin Haese and to the Mayor of Norwood, Payenham and St Peters, Mr Robert Bria JP. The consultation period on the proposed Declarations will conclude on 30 September 2017, in order to allow for the Declarations to be published in the State Government Gazette in October. I trust the above is suitable for your purpose and please do not hesitate to contact me via email [email protected] should further clarification be required. Yours sincerely

Nathan Cayzer General Manager Adelaide 500

88

mailto:[email protected]

’---

eA181994

Government

of South Australia

Mayor David Parkin

City of Burnside PO Box 9

GLENSIDE SA 5065

SCANNED" Z, JUL to!7

t:;t IIAv1 ~ l

’L)’ -q

-

Dear Ma.~~~I~ On 23 May 2017, Senator Hon Fiona Nash, Commonwealth Minister for Local Government and Territories advised that the Australian Government would bring forward the payment of 50 percent of the 2017-18 Financial Assistance Grants.

The Minister advised that the brought forward payment of $1.2 billion across Australia would be made in 2016-17 to give councils immediate access to funds to commence new projects and to benefit from the interest on additional cash in the bank. The

brought forward payment was forwarded to councils by the SA Local Government Grants Commission on 8 June 2017.

South Australia’s share of the brought forward payment is $78 million, which includes $58 million in General Purpose Grants and $20 million in Identified Local Road

Funding.

City of Burnside has received a total of $701,445, comprising $461,444 in General

Purpose Grants and $240,001 in Identified Local Road funding.

The brought forward payment of the 2017-18 Financial Assistance Grants has been distributed amongst councils based on the 2016-17 recommendations of the South Australian Local Government Grants Commission, which were approved by the Commonwealth Minister and myself in August 2016.

The remaining pool of 2017-18 Financial Assistance Grants will be distributed in four instalments based on the approved recommendations of the South Australian Local Government Grants Commission.

The Commission’s recommendations assess each council’s capacity to provide services to their communities compared to the State average. Payment of the

remaining 2017-18 grants will be adjusted to account for the Commission’s approved recommendations.

Minister for Regional Development Minister for Local Government

. SOUTH AUSTRALIA

Level 17, 25 Grenfell Street Adelaide SA 5000 I GPO Box 2557 Adelaide SA 5001 DX 667

Tel 08 82261300 I Fax 08 8226 0316 I [email protected]

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I expect to receive the Grants Commission’s 2017-18 recommendations in mid-July and the approval of the Commonwealth Minister is expected in August 2017. An

adjustment will be made to cash payments made to each council to account for the

brought forward payment.

Should you have any further queries about this process, please contact the

Commission’s Executive Officer, Mr Peter lIee on telephone 7109 7148 or by email at

[email protected].

Yours sincerely

c ~ocHon Geoff Brock MP

Minister for Regional Development Minister for Local Government

17 July 2017

cc Mr Paul Deb

Chief Executive Officer

Version: 1, Version Date: 24/07/2017Document Set ID: 3395541

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