minutes of the meeting of the barossa … 7/381 the barossa council minutes of council meeting held...
TRANSCRIPT
2017/379
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
MINUTES OF THE MEETING OF THE BAROSSA COUNCIL
held on Tuesday 15 August 2017 commencing at 9.00am in the
Council Chambers, 43-51 Tanunda Road, Nuriootpa
1.1 WELCOME
Mayor Sloane declared the meeting open at 9.00am.
1.2 MEMBERS PRESENT
Mayor Bob Sloane, Crs Scotty Milne (Deputy Mayor) Mark Grossman, John Angas,
Christopher Harms, Dave de Vries, Michael (Bim) Lange, Leonie Boothby, Margaret Harris,
Michael Seager, Richard Miller and Tony Hurn
1.3 LEAVE OF ABSENCE
Nil
1.4 APOLOGIES
Nil
1.5 MINUTES OF PREVIOUS COUNCIL MEETINGS
MOVED Cr Grossman that the Minutes of the Council meeting held on Tuesday 18 July
2017 at 9.00am, as circulated, be confirmed as a true and correct record of the
proceedings of that meeting.
Seconded Cr Harris CARRIED 2014-18/1138
MOVED Cr de Vries that the Minutes of the Confidential Council meeting held on Tuesday
18 July 2017 at 10.19am, as circulated, be confirmed as a true and correct record of the
proceedings of that meeting.
Seconded Cr Harms CARRIED 2014-18/1139
1.6 MATTERS ARISING FROM PREVIOUS COUNCIL MEETING
Nil
1.7 NOTICE OF MOTION
Nil
1.8 QUESTIONS ON NOTICE
Nil
2. MAYOR
2.1 MAYOR’S REPORT
A report on Mayor Sloane’s activities from 11 July 2017 to 8 August 2017 was included
with the agenda for this meeting.
2017/380
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
MOVED Cr de Vries that the Mayor’s report be received.
Seconded Cr Milne CARRIED 2014-18/1140
3. COUNCILLOR REPORTS
Cr Milne advised that he would forward details of presentations from the Australian Local
Government Association National General Assembly to members.
MOVED Cr de Vries that Cr Milne’s report be received.
Seconded Cr Miller CARRIED 2014-18/1141 4. CONSENSUS AGENDA
5. ADOPTION OF CONSENSUS AGENDA
5.1 ITEMS FOR EXCLUSION FROM THE CONSENSUS AGENDA
Nil
5.2 RECEIPT OF CONSENSUS AGENDA
MOVED Cr Hurn that the information items contained in the Consensus Agenda be
received and that any recommendations contained therein be adopted.
Seconded Cr Seager CARRIED 2014-18/1142
5.1 DEBATE OF ITEMS EXCLUDED FROM THE CONSENSUS AGENDA
6. VISITORS TO THE MEETING/ADJOURNMENT OF MEETING
6.1 VISITORS TO THE MEETING
9.51am - Mason and Oscar Graetz – Presentation of Youth Grant Certificates by Mayor
Sloane – Refer Minute page 2017/402
6.2 ADJOURNMENT OF COUNCIL MEETING
9.38am – Refer Minute page 2017/402
7. DEBATE AGENDA
7.1. MAYOR DEBATE
7.1.1
CORRESPONDENCE FROM WATTLE RANGE COUNCIL – GOVERNMENT FEES AND CHARGES
AND RATE CAPPING
Pursuant to S75 of the Local Government Act 1999 Cr Grossman disclosed a perceived
conflict of interest in the matter 7.1.1 – Correspondence from Wattle Range Council –
Government Fees and Charges due to his position as Vice President of the Schubert State
Electoral Committee and as a state Liberal Council member. Cr Grossman advised
Council of the perceived conflict of interest and left the meeting at 9.10am.
MOVED Cr de Vries that Council support the position of Wattle Range Council and seek
from the leaders of the Opposition, Mr Steven Marshall MP and local Member for
Schubert, Mr Stephan Knoll MP a commitment that should the Liberal Party form
Government in 2018 it:
2017/381
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
(1) Will implement legislative change or policy to cap State Government (including all
entities) fees, levies, charges and taxes in line with those that apply to Local
Government as determined by the same (or similar) mechanism as that is proposed
to apply to Local Government.
(2) Will not implement policies, legislation or other actions that transfer responsibility of
services, introduce new services or impact negatively upon Local Government
without adequate and mutually agreed funding, from State Government, to Local
Government.
Seconded Cr Angas CARRIED 2014-18/1143
PURPOSE
To seek Council’s consideration of correspondence from Wattle Range Council seeking policy
direction from the Liberal Opposition as to application of rate capping to State Government fees
and charges.
REPORT
The correspondence from Wattle Range Council is attached and is self-explanatory. Wattle
Range Council is seeking to understand from the current Liberal Opposition that should they
introduce a restrictive revenue policy (rate capping) on Local Government, which is their stated
policy position, they will apply that same principle to State Government fees and charges which
effect the cost of our service delivery but also costs to community directly.
Further the correspondence outlines examples of continued cost shifting such as solid waste levy
increases and policy positions that transfer housing stock to community providers which enjoy a
mandatory rate rebate.
The Barossa Council suffers from similar pressures and costs arising from State Government
legislation and policy positions.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Correspondence from Wattle Range Council
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
Natural Environment and Built Heritage
Community and Culture
Health and Wellbeing
Business and Employment
How We Work – Good Governance
All strategies are supported from revenue from rates and service.
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
No considerations.
Infrastructure
2017/382
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
COMMUNITY CONSULTATION
There is no requirement for public consultation.
Cr Grossman returned to the meeting at 9.14am
7.2.1 CHIEF EXECUTIVE OFFICER - DEBATE
7.2.1.1
UPDATE OF DELEGATIONS REGISTER
B5819
MOVED Cr de Vries
(1) That Council amends its delegation to the Chief Executive Officer regarding the
power to seize and detain cats, contained at Delegation 14.1 of the Instrument of
Delegation under the Dog and Cat Management Act 1995, which was made on
20th June 2017, to instead read:
“The power pursuant to Section 64(2)(c) of the Act to nominate a facility at which
cats may be detained.”
(2) That in exercise of the power contained in Section 44 of the Local Government
Act 1999, Council delegates this 15th August 2017 to the person occupying the
office of the Chief Executive Officer, the power as specified above and as set out
in the proposed Instrument of Delegation attached to this report.
(3) That under Section 44 of the Local Government Act, Council’s Delegations
Register be updated in accordance with this resolution.
Seconded Cr Angas CARRIED 2014-18/1144
PURPOSE
By way of urgent update outside of the annual and quarterly review cycle, the Council is being
asked to revoke and re-issue an amended delegated power under the Dog and Cat
Management Act 1995 (“the Act”).
REPORT
Background
At its meeting on 20th June 2017, Council delegated to the Chief Executive Officer new powers
under the Dog and Cat Management Act via an Instrument of Delegation, which was prepared
by Norman Waterhouse lawyers.
Since that time, a mistake has been found in the wording of Delegation 14.1 which pertains to the
seizure and detaining of cats and which requires immediate rectification.
Discussion
The approved provision at Delegation14.1 currently gives the Chief Executive Officer “the power
pursuant to Section 64(2)(c) of the Act to nominate a facility at which cats may be destroyed.”
However Section 64(2)(c) of the Act actually states that “a person may seize and detain an
unidentified cat for the purpose of delivering it within 12 hours to…. a facility nominated by a
council and approved by the Board at which cats may be detained”, however nothing in this
sub-section authorises the person to destroy the cat.
Clearly, the word “destroyed” in the approved provision should read “detained” so as to be
consistent with Section 64(2)(c). The correct version is provided as an attachment to this report.
2017/383
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
Council’s General Inspectors, who were sub-delegated this power on 1 July 2017, were
immediately advised of the administrative error and now it is just a matter of amending the
overarching Instrument of Delegation and re-delegating them the correct power.
Summary and Conclusion
Council is requested to approve the amended wording of Delegation 14.1 to delegate to the
Chief Executive Officer, in terms of the attached extract. Officers will then reflect that amendment
in the Delegations Register and facilitate amended sub-delegations to the relevant officers.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Attachment 1:
Extract from the Instrument of Delegation under the Dog and Cat Management Act 1995
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Corporate Plan
How we work – Good Governance:
6.2 Ensure that Council’s policy and process frameworks are based on principles of sound
governance and meet legislative requirements.
Legislative Requirements
Dog and Cat Management Act 1995
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Financial – There are no financial considerations to implement delegations.
Resource – All process tasks are absorbed as part of officers’ existing operational roles.
Risk Management – The risk of having ineffective or invalid delegations is addressed by
amending the administrative mistake and re-issuing delegations to the CEO and sub-delegations
to relevant officers.
COMMUNITY CONSULTATION
There is no legislative requirement to consult the community in this situation, nor do the
circumstances require it as the delegations are based on LGA templates where there is no option
for amendment through community feedback. For transparency, the community can access the
Delegations Register on Council’s website.
2017/384
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
7.2.1.2
APPLICATION FOR A PERIOD OF ANNUAL LEAVE FOR CHIEF EXECUTIVE OFFICER
E1200 17/55441
Pursuant to S120(1) of the Local Government Act 1999 Mr Martin McCarthy, Chief
Executive Officer, disclosed a conflict of interest in the matter 7.2.1.2 – Application for a
Period of Annual Leave for Chief Executive Officer as the matter relates to his request for
annual leave. Mr McCarthy advised Council of his conflict of interest and left the
meeting at 9.15am.
MOVED Cr Milne that Council approve the application of the Chief Executive Officer for
annual leave commencing on Tuesday, 3 October 2017 and concluding on Monday, 9
October 2017, noting his first day back at work shall be Tuesday, 10 October 2017, and
that for the period of leave appoints Mrs Joanne Thomas to act in the position of Chief
Executive Officer and that all powers, delegations and duties of the Chief Executive
Officer shall be extended to Mrs Joanne Thomas whilst she is Acting Chief Executive
Officer.
Seconded Cr Seager CARRIED 2014-18/1145
PURPOSE
To seek authorisation for annual leave and appointment of an acting Chief Executive Officer.
REPORT
Introduction
Leave applications for the Chief Executive Officer (CEO) that are more than 5 days are currently
required to be submitted to Council for approval. With the leave extending from the Labour Day
public holiday the CEO’s absence will extend over 6 days.
Discussion
I hereby request annual leave of 5 days commencing on Tuesday, 3 October 2017 and
concluding on Monday, 9 October 2017. Estimated leave accruals at the commencement of
leave is 49.54 days and therefore more than sufficient leave is available.
Whilst the Chief Executive Officer is on leave an officer must be authorised to act in the position.
It is recommended that for this short period Mrs Joanne Thomas, Community Projects Director be
appointed, her appointment is not expected to have a significant impact on the activities of The
Big Project.
Summary and Conclusion
Sufficient leave and entitlements have accrued and a period of leave has been sought by the
Chief Executive Officer in accordance with Council policy and industrial arrangements.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Nil
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
How We Work – Good Governance
Corporate Plan
6.16 Provide contemporary internal administrative and business support services in accordance with
mandated legislative standards and good practice principles.
2017/385
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Budgets are set taking into account leave requirements for employees.
COMMUNITY CONSULTATION
Community consultation is not required.
Mr Martin McCarthy returned to the meeting at 9.17am.
7.2.1.3
THE BIG PROJECT (GENERATIONAL COMMUNITY INFRASTRUCTURE PROJECT) – QUARTERLY
UPDATE REPORT – QUARTER 3 – MAY TO JULY 2017
B5601
Author: Director, Community Projects
MOVED Cr Milne that Council:
(1) Receives and notes the Quarter 3 Report: May to July 2017 inclusive in respect of
progress on “The Big Project” – Generational Community Infrastructure Project (the
Project).
(2) Receives and notes the updated Project Risk Assessment Review.
(3) Receives and notes the updated Project Schedule.
Seconded Cr Hurn CARRIED 2014-18/1146
PURPOSE
To provide a progress update report to Council following completion of quarter 3 (May to July
2017) of the implementation of “The Big Project” – Generational Community Infrastructure
Project.
REPORT
Background
At its Meeting on the 16 May 2017, Council resolved that:
MOVED Cr Lange That Council:
(1) Receives and notes the Quarter 2 Report February 2017 to April 2017 inclusive in
respect of progress on “The Big Project” – Generational Community
Infrastructure Project.
(2) Requires the Director, Community Projects to present an updated Project Risk
Assessment review as part of the 3rd Quarter report to the August Council
Meeting.
(3) Requires the Director, Community Projects to present an updated Project
Schedule review as part of the 3rd Quarter report to the August Council
Meeting.
(4) Notes that updated The Big Project budget information has been provided for
future Council consideration as part of the 3rd Quarter 2016/17 Budget Review
process and draft 2017/18 Budget and Business Plan development. Seconded Cr Milne CARRIED 2014-18/1035
Introduction
As part of the governance arrangements for The Big Project (as referenced in item 2.4 of the
February 2017 Council resolution), a quarterly update to report on progress to Council is required.
2017/386
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
Discussion
A report on the progress items actioned during the quarter 3 report period is provided as
Attachment 1.
As required by item 2 of the May 2017 Council resolution, the Project Risk Assessment has been
reviewed and is provided as Attachment 2.
As required by item 3 of the May 2017 Council resolution, the Project Schedule has been reviewed
and is provided as Attachment 3. Further detail and discussion regarding the Schedule will be
included in the August Workshop Agenda and if necessary, the subject of future reports to
Council.
Summary and Conclusion
Work has commenced across all components of The Big Project scope.
There is significant interest and community buy in to the objectives of The Big Project.
Managing community expectations as to how quickly the planning work can be delivered
and in turn, when prioritised actions can be funded and implemented, is one of the biggest
project challenges and risks identified.
The Project Schedule shows that progress is falling behind in some areas of sub project
master planning. The reason for this is primarily the time taken to fully engage and consult
with the community and key stakeholders interested in each of the project areas within
the resource available. It is considered a key deliverable of the project that this
consultation process is rigorous and comprehensive as the proposed investment horizon
will set the program of delivery for the next 10 years and provide facilities that will need to
serve the community for the next generation. However, this needs to be balanced with
the necessity to keep work moving and achieve milestones.
Significantly, discussions have commenced around preparation for funding applications
and a briefing to Elected Members will be provided during the 4th quarter report period.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Attachment 1 The Big Project – Quarterly Update Report – Q3 (May to July 2017) 17/54341
Attachment 2 Updated The Big Project Risk Assessment 17/54593
Attachment 3 Updated The Big Project Schedule 17/54650
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
Community and Culture
Infrastructure
Health and Wellbeing
Business and Employment
How We Work – Good Governance
Corporate Plan
3.3 Ensure Councils sporting, recreational and leisure grounds and playing
arena and associated programs meet the current need of the
community to an agreed level of service.
3.9 Ensure Council facilities and assets are accessible, safe and maintained
2017/387
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
to an agreed level of service.
Legislative Requirements
Local Government Act 1999
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Financial
With reference to timeline pressures flagged in Attachment 1 and conclusion section above,
expenditure was short of original 2016/17 budget projections. This has mainly been in the areas of
technical and external project management consultancy budget lines as some projects are not
sufficiently advanced to trigger detailed cost analysis modelling at this stage.
The majority of carry forwards were approved by Council as part of the 3rd quarter budget review
process. A residual carry forward amount of $34,670 have been projected in the end of year
review process that will be considered by Council at the end of the first quarter 2017/18.
Resource
The Project has dedicated resource with input from other officers as required.
Risk Management
Refer to the updated Project Risk Assessment provided as Attachment 2. New or escalated risks
are highlighted in yellow on the updated assessment for ease of reference.
COMMUNITY CONSULTATION
A Communication plan and Community Consultation plan for the Project have been
documented and are reviewed 4 weekly with Communication and Marketing Officers; 6 weekly
with the Chief Executive Officer and periodically with The Big Project Working Party.
A consultation plan for each individual component project is also developed and reviewed for
approval as part of the Agenda reporting process to Council.
Regular updates are provided to the community via press releases, d’Vine adverts and
newsletters, radio interviews, website and social media content.
7.2.1.4
THE BAROSSA COUNCIL QUARTER 4 – 2016/17 PERFORMANCE & ACTIVITY REPORT
17/53162
Author: Manager Strategic Projects
MOVED Cr de Vries that Council receives and notes The Barossa Council Quarter 4 –
2016/17 Performance & Activity Report.
Seconded Cr Milne CARRIED 2014-18/1147
PURPOSE
To provide Council’s Quarter 4 – 2016/17 Performance & Activity Report on measures adopted
within the Barossa Council Corporate Plan 2016/17 to 2019/20.
REPORT
Background
During 2016/17 Council was presented with Quarterly Performance Reports on measures adopted
within the Corporate Plan. These reports were the first outputs of the Holistic Reporting Framework,
with work continuing on the ongoing development of both performance and activity based
reporting.
Introduction
2017/388
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
The Barossa Council Quarter 4 – 2016/17 Performance & Activity Report provides performance
results against Corporate Plan measures as at June 2016. The report also includes a suite of activity
measures, providing a snapshot of activity undertaken over the quarter or year to date in the
delivery of key internal and external Council services under each Community Plan Theme.
Discussion
As per the previous quarterly reports, data has been sourced for the Quarter 4 report from
Council’s corporate applications wherever possible, however it should be noted that there is still
some reliance on manual collection of data. In addition, given that we are still developing our
understanding of the extensive data set available and the implications of various ways of
extracting this data, the results reported may be subject to change as they are further validated
and refined. This was seen in the second quarter report, where some measures have had the
intervals between data points amended from quarterly to annual, or the data has been refined
as a result of subsequent decision making or data cleansing.
The reporting presented is an ongoing work in progress and will be updated and changed as
newer and improved collection and analysis develops. Additionally as the reporting system grows,
comparison data will become more representative of trends and therefore underpinning of
strategic policy decision making of Council and the executive team.
Over the fourth Quarter a holistic enterprise level strategic planning and reporting software
solution has been implemented to improve access to Council’s vast swathes of data, to allow
greater insight into trends and impacts on resourcing and performance, to improve evidenced
based decision making and to improve the efficiency and effectiveness of data analysis and
reporting across the organisation. It is anticipated that operational use of the software will
commence in 2017/18.
Summary and Conclusion
The Barossa Council Quarter 4 – 2016/17 Performance & Activity Report is presented for Council
consideration.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
The Barossa Council Quarter 3 – 2016/17 Performance & Activity Report.
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
How We Work – Good Governance
Corporate Plan
A6.3 Align operational strategy to strategic objectives and measure organisational
performance to demonstrate progress towards achieving our goals.
Legislative Requirements
Nil
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Current resources are sufficient to provide reporting, budget was set aside for automation and
collection as part of the 2016/17 budget.
COMMUNITY CONSULTATION
Community consultation is not required under the Act or Council’s Public Consultation Policy.
7.3 CORPORATE AND COMMUNITY SERVICES – DEBATE
7.3.1 GROUP MANAGER CORPORATE SERVICES
Nil
2017/389
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
7.3.2 GROUP MANAGER COMMUNITY SERVICES - DEBATE
7.3.2.1
LOCAL GOVERNMENT ELECTRICITY TENDER FOR 2018
B779
MOVED Cr Lange that the Group Manager Community Services or any person acting in
that capacity, be Council’s delegated authority to:
(1) Accept a tender from and enter into a contract with, the successful tenderer
recommended by Local Government Association Procurement for the supply of --
Below 160mWh Black and Green energy;
- Above 160mWh Black and Green energy; and
- 12 & 24 Hour (Street & Traffic Lights) Black and Green energy;
(2) Advise Local Government Association Procurement of that acceptance within the
specified time;
(3) Make, vary and/or discharge the contract; and
(4) Sign all relevant documentation in this matter.
Seconded Cr Boothby CARRIED 2014-18/1148
PURPOSE
To delegate responsibility for acceptance of the Local Government Electricity Tender to an
Authorised Officer.
REPORT
Background
In March 2010, a decision was taken for Local Government Association Procurement (LGAP),
working with representatives from Councils and an industry expert consultant, to approach the
market independently of the State Government for the supply of various electricity services. Since
then, Council has participated in various electricity contracts negotiated by LGAP and the
outcome has resulted in negotiated savings for Council.
Introduction
Council is part of an “Across Government” contract for the supply of electricity and/or Green
Power Product (GPP) including:
Below 160mWh Black and Green energy;
Above 160mWh Black and Green energy; and
12 & 24 Hour (Street & Traffic Lights) Black and Green energy.
The current contract expires on 31 December 2017 and LGAP will be tendering for a new electricity
contract.
Discussion
The current Procurement Process delegates approval for purchases above $500,001 to Council.
However, as tenders close on Tuesday, 22 August 2017, and taking into consideration that there is
only a 24-48 hour window for Councils to review the LGA Procurement Recommendation Report
and advise LGA Procurement whether they wish to participate in the Contract, it is recommended
that Council delegate the responsibility for acceptance of the Local Government Electricity
Tender to an Authorised Officer to ensure the tender recommendation can be promptly actioned.
The evaluation process will be the same as LGAP has used in the past. Following tender receipt,
a recommendation will be provided to participating councils. Council’s “Authorised Officer”
2017/390
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
must have the delegation necessary to approve the LGAP recommendation for a timely response
on Council’s behalf.
Summary and Conclusion
Officers recommend delegation of responsibility for acceptance of a tender for the above
electricity supply, to the Group Manager Community Services, due to the expected very short
time frame for tender and contract responses.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Nil
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
Infrastructure
How We Work – Good Governance
Corporate Plan
How We Work – Good Governance
6.2 Ensure that Council’s policy and process frameworks are based on principles
of sound governance and meet legislative requirements.
6.4 Ensure that decisions regarding expenditure of Council’s budget are based
on an assessment of whole of life costs, risks associated with the activity and
advice contained within supporting plans.
Legislative Requirements
Local Government Act 1999
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Financial
The 2017-18 Budget provides for a 5% increase in electricity costs.
Resource
No resource considerations evident.
Risk Management
If Officers are not able to comply with the tender response deadlines, the opportunity to be
included in the contracts will be at risk. This could result in increased costs and Council having to
undertake negotiations with suppliers in isolation in a very complex service area.
COMMUNITY CONSULTATION
Not required under Council’s Procurement Policy or Public Consultation Policy.
7.3.3 FINANCE - DEBATE
7.3.3.1
MONTHLY FINANCE REPORT (AS AT 31 JULY 2017)
B411
Author: Senior Accountant
MOVED Cr Milne that the Monthly Finance Report as at 31 July 2017 be received and
noted.
Seconded Cr Seager CARRIED 2014-18/1149
PURPOSE
The Uniform Presentation of Finances report provides information as to the financial position of
Council, including notes on material financial trends and transactions.
2017/391
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
REPORT
Discussion
The Monthly Finance Report (as at 31 July 2017) is attached. The report has been prepared
comparing actuals to the Original adopted 2017/18 Budget.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Attachment 1: Monthly Finance Report 31 July 2017
Policy
Budget & Business Plan and Review Policy
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Corporate Plan
How We Work – Good Governance
6.2 Ensure that Council’s policy and process frameworks are based on principles of sound
governance and meet legislative requirements.
6.3 Align operational strategy to strategic objectives and measure organisational performance
to demonstrate progress towards achieving our goals.
6.4 Ensure that decisions regarding expenditure of Council’s budget are based on an
assessment of whole of life costs, risks associated with the activity and advice contained
within supporting plans.
6.9 Provide access to Council’s plans, policies and processes and communicate with the
community in plain English.
6.16 Provide contemporary internal administrative and business support services in accordance
with mandated legislative standards and good practice principles.
Legislative Requirements
Local Government (Financial Management) Regulations 2011 - Reg 9(1)(b)
LGA Information paper no. 25 – Monitoring Council Budget Performance
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Financial
To enable Council to make effective and strategic financial decisions, a regular up to date high
level financial report is provided.
COMMUNITY CONSULTATION
Community Consultation was part of the original budget adoption process in June 2017, as per
legislation. This report is advising Council of the monthly finance position compared to that
budget.
7.3.4 MANAGER COMMUNITY AND CULTURE - DEBATE
7.3.4.1
LEISURE OPTIONS TRANSITION PROJECT PROGRESS REPORT
B4733
Author: Collaborative Project Officer
MOVED Cr Milne that Council receives and approves the fifth and final quarterly update
report on the progress of the Leisure Options Transition Project.
Seconded Cr Miller CARRIED 2014-18/1150
PURPOSE
To update Council on the progress of the Barossa Leisure Options Transition Project.
2017/392
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
REPORT
Background
This is the fifth and final quarterly update report to Council regarding the progress of the Leisure
Options Transition Project as per the resolution from the Council meeting held 17 May 2016:
“MOVED Cr Lange that Council:
(1) Adopts Option 2 to transition out of disability direct service delivery during 2016/17, and
immediately commences implementation of the Leisure Options Transition Project (as per Project
Scope Attachment 3).
(2) Approves resource project costs of $85,500 gross; $58,250 net of internal secondment salary
transfer for the 2016/17 financial year for the purpose of implementing the Barossa Leisure
Options Transition Project, and for the mitigation of identified risks during the transition phase. This
is in addition to current budgeted funding of $125,000 for 2016/17.
(3) Forms a Project Reference Group to oversee the progress of the Leisure Options Transition
Project with the following membership: Cr Harris as representative with Cr Milne as proxy, 3 x
Council staff (Director Corporate and Community Services, Manager Community and Culture,
Collaborative Project Officer), 1 x funding partner representative, 2 x representatives from
disability service providers in the region, 2 x consumers / advocates.
(4) Requires Officers to provide a quarterly update report to Council on the progress of the
transition process.
Seconded Cr Angas CARRIED 2014-18/6”
Introduction
On 17 May 2016, Council decided it would not become a National Disability Insurance Scheme
(NDIS) Approved Provider when the NDIS roll out commenced in the region for adults on 1 July
2017. It would instead transition out of direct disability service delivery through implementation of
the ‘Barossa Leisure Options Transition Project’ during 2016/17. Four quarterly reports were
approved by Council during this period and this is the fifth and final report that provides a brief
summary of the activities that have occurred in the last quarter.
Discussion
As discussed in the last report, the majority of BLO’s clients have transitioned to two other service
providers, namely Barossa Enterprises and Focus Day Options. To facilitate service delivery,
Council is sub-letting ‘The Lodge’ and hiring the BLO bus to these service providers until 30 June
2018.
Negotiations were underway with other service providers regarding the transition of one remaining
group – ‘Brainwaves’ – a social outing group for people with acquired brain injury and mental
health conditions. It was Disability SA’s responsibility to find another service provider but they were
unable to; therefore Council staff approached two service providers who expressed interest.
Unfortunately the funding available for this group was inadequate and therefore not a viable
business option for these service providers, and Disability SA would not increase the level of
funding. Therefore the six participants are now without this service. Hopefully, once they have their
NDIS plans and funding in place they will be able to resume receiving a similar service.
Interim Program
The last report also referred to a number of BLO participants who were unfunded, that is, were not
receiving any funding from the State Government either through Day Options or individualised
Group Brokerage. There were also some who were funded for some activities but were attending
additional BLO activities for which they received no funding. Although not guaranteed, it is likely
that many of these participants will be eligible for services under the NDIS; therefore Council has
put in place an interim “Under 65 Social Support Program” utilising block funding from the State
Government Department of Communities and Social Home and Community Care Inclusion Home
and Community Care (DCSI HACC) program which was recently rolled over until 30 June 2018.
Tutti Arts has been contracted to deliver the “Under 65 Social Support Program” which comprises
a Visual Arts course on Wednesdays during School terms until June 2018, and a Film and New
Media course every alternative Friday evening until November this year. This has provided non-
funded participants with an interim activity and a number have taken up the opportunity. Some
2017/393
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
participants have declined, choosing instead to wait for their NDIS plan, and accepting that they
will receive a lower level of service until then. As Tutti Arts is a NDIS Approved Provider, participants
will be able to continue with the program if they choose, after they have transitioned to the NDIS.
Project Governance
As reported in the first update, a Project Reference Group (PRG)was established with
representation by Council elected members and staff, the State Government funding body,
and 2 carers of Leisure Options clients. The final PRG meeting was held on 30 June.
The final internal Working Group comprised of relevant Council staff met on 11 May.
Service Provider Engagement
Carers and Disability Link organised a Disability Expo which was held at the Rex on Sunday 4
June, 11:00 am - 3:00 pm. This provided service providers an opportunity to showcase their
services, and BLO clients and other people with disability to learn about the supports and
services available in the region. The Collaborative Project Officer was a member of the
organising committee, and Council contributed $550 (inc GST) towards the cost of running the
event. The event was considered a great success with 47 stall holders and over 300 consumers
attending on the day.
Future Role for Council - Social Inclusion Scoping Study
During the BLO Transition Project, it became apparent from stakeholders that there was
community expectation that Council, having exited from direct disability service provision, would
continue to have some role in the disability arena. There were also a range of other issues and
opportunities that needed to be considered:
The need for broad community and stakeholder engagement in identifying a future role
for Council.
Implementation of the Regional Public Health Plan
Implementation of the Regional Disability, Access and Inclusion Plan.
The role and impact of the NDIS Local Area Coordinator (LAC) which is yet to be
established in the region.
The role and impact of the emerging NDIS Information Linkages and Communication (ILC)
Framework.
Uncertainty regarding the length of time it will take to transition all people with disability in
the region onto the Scheme.
Ongoing reforms to the Aged Care sector which will impact on Council’s Home Assist and
Community Transport Program.
Council’s Service Review
Therefore, the Social Inclusion Scoping Study will involve a 12 month project of fully scoping all of
the above and presenting Council with a proposed role that complements and adds value to
other Council functions and activities and provides a ‘whole of Council’ and ‘whole of
Community’ response to issues of access and equity, social inclusion and cultural diversity.
Local Area Coordinator (LAC)
The NDIS is now available for adults aged 18 to 64 years in the Barossa, Light, Lower North and
some areas of the Northern Adelaide regions of South Australia. People currently receiving
supports through South Australian Government specialist disability services will be moving onto the
NDIS first.
The Barossa, Light and Lower North region covers the local government areas of:
The Barossa Council
Town of Gawler
Light Regional Council
Adelaide Plains Council
The Northern Adelaide region covers the local government areas of:
City of Playford
City of Salisbury
City of Port Adelaide Enfield (East)
City of Tea Tree Gully (commences NDIS rollout from 1 October 2017)
2017/394
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
In Barossa, Light, Lower North and Northern Adelaide, Feros Care will work with the NDIS as the
Local Area Coordination Partner (LAC) to deliver the Scheme and to assist people to connect
with services and prepare for the NDIS.
Feros Care held a ‘Meet and Greet’ in Nuriootpa on 14 July at which a number of service providers
were present. They have temporary accommodation in Nuriootpa and will soon be opening their
regional office in Gawler. We are aware of a number of BLO participants who have had their
initial planning meeting, and some have had their NDIS plans approved.
As part of the Social Inclusion Scoping Study, Council will be seeking to engage with Feros Care
to identify opportunities for collaboration between disability, health and mainstream service
providers to improve accessibility for people with disability, in particular those that are deemed
ineligible for NDIS support.
Other Activities
Council staff recently met with the Hon Kelly Vincent, MLC for the purpose of providing feedback
about the NDIS roll out in the region to date. Also present were Regional Development Australia
(RDA) Barossa and Barossa Enterprises. The feedback will inform the review of the State’s NDIS Bi-
Lateral Agreement.
Council staff met with staff of Yorke Peninsula Council regarding the BLO Transition Project. Many
years ago, Yorke Peninsula Council established their own Leisure Options program based on the
BLO model, and with the NDIS due to roll out in their region in 2018, are facing the same decision
regarding whether to continue with direct service delivery or not. Staff were keen to learn from
the BLO Transition Project experience. Summary and Conclusion
The Barossa Leisure Options Transition Project concluded on 30 June 2017. All but one group of 6
participants transitioned to other service providers. An interim program provided by Tutti Arts
funded by DSCI HACC is available for people with disability aged under 65 and is available for
unfunded clients.
The Local Area Coordinator, Feros Care, is now established in the region and will work with the
NDIS to deliver the Scheme and to assist people to connect with services and prepare for the
NDIS. Council staff will be seeking to engage with Feros Care as part of the Social Inclusion Scoping
Study, which in addition to disability Inclusion and Access, will also explore issues and opportunities
across the realms of Public Health, Mental Health, Homelessness and other areas.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Nil
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
Community and Culture
Contribute to creating strong and sustainable community networks
Provide opportunities for the community to participate in local
decision making.
Health and Wellbeing
Advocate for and encourage services and resources that ensure equity
and support for disadvantaged, disabled and at risk members of the
community.
Create opportunities for people of all ages and abilities to participate in the
community.
Business and Employment
Work closely with State Government, Federal Government and stakeholders
2017/395
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
to support economic growth and development
How We Work – Good Governance
Ensure that the community has access to information regarding the discussions
held and decisions made by Elected Members.
Implement compliant and contemporary risk management initiatives.
Implement strategies for the community to be actively engaged in Council
decision making through sound information and communication.
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Financial and Resources
As per the report to the 16 May 2017 Council Meeting, funding of $8,488 has been sourced from
the BLO Reserve Fund and a further $20,591 has been carried over from 2016/17 from savings
accrued from the BLO Coordinators for administration of the interim “Under 65 Social Support
Program”. Funding was also approved for the Social Inclusion Scoping Study.
Risk Management
The Under 65 Social Support Program is considered to be a low risk venture for Council as reported
in the 16 May 2017 update report.
COMMUNITY CONSULTATION
Extensive engagement has been undertaken with a range of stakeholders throughout the BLO
Transition Project and will continue as needed to ensure effective delivery of the Under 65 Social
Support Program. Further engagement will take place with a range of stakeholders over the
coming year as part of the Social Inclusion Scoping Study.
7.4.1 DIRECTOR WORKS AND ENGINEERING SERVICES - DEBATE
7.4.1.1
2017 RUNAWAY BAROSSA MARATHON – ROAD CLOSURE REQUEST
B5700 15/46925
MOVED Cr de Vries that the Commissioner of Police be advised that The Barossa
Council endorses the closure of:-
Para Road, Tanunda between Murray Street and Langmeil Road, and
Langmeil Road, Tanunda between Para Road and Bridge Street, and
Stelzer Road, Tanunda between Council boundary and Langmeil Road, and
Bridge Street, Tanunda between Langmeil Road and Murray Street, and
Elizabeth Street, Tanunda between Murray Street and Ellen Place, and
Ellen Place, Tanunda between Elizabeth Street and Jane Place, and
Jane Place, Tanunda between Ellen Place and Council boundary
From 5.00am to 9.30am, and
Golflinks Road, Rowland Flat between Council boundary and Barossa Valley Way
From 6.30am to 10.00am, and
Hermann Thumm Drive, Lyndoch between Barossa Valley Way and Council boundary
From 7.30am to 1.15pm, and
on Saturday 21 October 2017 for the purpose of the 2017 Ironman Oceania - Runaway
Barossa Marathon.
Seconded Cr Hurn CARRIED 2014-18/1151
2017/396
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
PURPOSE
A request has been received from the organisers of the 2017 Runaway Barossa Marathon for the
closure of a number of roads in Tanunda for the staging of the Marathon, Half Marathon, 10km
Run and Kids Race which are to be held on Saturday 21 October 2017.
REPORT
Discussion
At the 21 February 2017 meeting Council provided in principle support for the Ironman Oceania –
Runaway Barossa marathon event on 21 October 2017.
The event courses are undulating and scenic. They each offer a various mix of running terrain, with
a combination of running on-road, bike trails and through vineyards. The courses take in the
highlights of the entire Barossa Valley region and take athletes on a journey through some of the
most picturesque locations in the Barossa Region. The finish line for all events is set in Peter
Lehmann Wines and the Children’s Event will be conducted entirely on the grounds of Peter
Lehmann Wines. It is anticipated that the Marathon event will attract 4000 participants across all
categories.
Disruption to traffic flows and access and egress across the western side of Tanunda is to be
expected throughout the day whilst the event proceeds.
A section of Murray Street, Tanunda between Bridge Street and Elizabeth Street will operate one
way under stop and go restrictions between 5.00am and 9.30am.
Quarry Road, Altona and sections of the Jack Bobridge Track will also form a part of the course
both operating with signage indicating runners are present.
ALTUS has been engaged by organisers to prepare the event Traffic Management Plan and to
also implement and monitor the road closures on race day.
Summary and Conclusion
The proposed road closures are pursuant to Section 33 of the Road Traffic Act 1961.
Council officers deem the closures necessary as a risk mitigation strategy to maintain the safety of
participants and the general public.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
2017 Runaway Barossa Marathon Course Map Summary
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
Community and Culture
Health and Wellbeing
Business and Employment
2.1 Initiate and support activities which encourage participation and pride in the Barossa
Council area.
2.6 Support a vibrant and growing arts, cultural, heritage and events sector.
4.2 Create opportunities for people of all ages and abilities to participate in the community.
5.13 Support economic development through events
2017/397
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
Legislative Requirements
Local Government Act 1999
Road Traffic Act 1961
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Financial and Resources -
The cost and implementation of the road closure is to be met by organisers.
Risk management –
Council officers deem the closure necessary as a risk mitigation strategy to maintain the safety of
participants and the general public.
COMMUNITY CONSULTATION
The community will be advised of the proposal by public advertisements to be placed in The
Herald and Leader and also via placement of the SAPOL notice on Council’s website.
7.4.1.2
REQUEST FOR ROAD CLOSURE – KARINA KROEHN – OFF SEELANDERS ROAD – PENRICE -
B5754 17/50158
MOVED Cr Angas that:
(1) Pursuant to the Roads (Opening and Closing) Act 1991 the section of unmade
road reserve marked A and B on Preliminary Plan adjacent to 72 Seelanders Road,
Penrice, comprising Certificate of Title 5382/428 and 5382/429 in the Hundred of
Moorooroo be closed.
(2) The section of unmade road reserve be excluded from Community Land
Classification.
(3) The Mayor and Chief Executive officer be authorised to sign and seal all
associated documents in accordance with the Roads (Opening and Closing) Act
1991.
Seconded Cr Harms CARRIED 2014-18/1152
PURPOSE
At the 20 September 2016 meeting of Council an application was made by Ms Karina Kroehn for
the purchase of an unmade public road within 72 Seelanders Road, Penrice – see attached
report.
REPORT
Background
Council at its meeting on 20 September 2016 resolved the following:-
“MOVED Cr Lange that:
(1) Council agrees in principle to the sale of the section of unmade road reserve
adjacent to 72 Seelanders Road, Penrice, comprising Certificates of Title 5382/428
and 5382/429 in the Hundred of Moorooroo.
(2) The applicant at its cost, engage a licensed surveyor to prepare all plans and
documentation as required under the Road (Opening and Closing) Act 1991.
(3) The unmade road reserve when closed to be merged with the applicant’s
property.
(4) The applicant pay all associated fees and costs relating to the Road (Opening
and Closing) Act 1991.
2017/398
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
(5) The sale of the unmade road reserve to the applicant be at a cost as determined
by a valuer, with the applicant responsible for all associated costs incurred by
Council.”
(6) The Mayor and Chief Executive Officer be authorised to sign all associated transfer
documents.
Seconded Cr Miller CARRIED”
Discussion
In accordance with the Road (Opening and Closing) Act 1991 the proposal was advertised in the
local papers and Government Gazette with one submission being received from SA Water – with
no objection to the proposal.
Arrangements were made for a valuation to be prepared for the portion of unmade road reserve
and an amount of $5,838.00 (including GST) has been paid by the applicant – this portion of land
will be merged with the adjoining property.
Summary and Conclusion
An Agreement for Transfer and Order to Close Road under the Roads (Opening and Closing) Act
1991 documentation has now been submitted for signing and sealing by Council.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Attachment 1 – Agenda Report – 7.4.1.3 – 20 September 2016.
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
Identify Theme/s (utilising the icons)
Natural Environment and Built Heritage
Infrastructure
1.11 Ensure the unique character of the rural landscape is appropriately managed.
3.1 Develop and implement sound asset management which delivers sustainable services.
Corporate Plan
6.1 Ensure that the community has access to information regarding the discussions held and
decisions made by Elected Members.
Legislative Requirements
Roads (Opening and Closing) Act 1991
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
All costs associated with the transfer are to be met by the developer. This sale has not been
included in the budget income for 2017/2018 financial year.
COMMUNITY CONSULTATION
Public notification of the proposal was undertaken on behalf of the applicant by Civil Surveys and
Designs Pty Ltd.
7.4.1.3
2017 ANGASTON CHRISTMAS PARADE
B5766
2017/399
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
MOVED Cr Grossman that the Commissioner of Police be advised that The Barossa
Council endorses the closure of:-
Murray Street, Angaston between Sturt Street and 87 Murray Street, Angaston – a
distance of approximately 300 metres, and
Sturt Street, Angaston between Murray Street and Washington Street, and
South Terrace, Angaston between Murray Street and Kent Street, and
Kent Street, Angaston between West Terrace and Sturt Street
Between 5.00pm and 9.00pm on Friday 24 November 2017 for the purpose of the 2017
Angaston Christmas Parade.
Seconded Cr Miller CARRIED 2014-18/1153
PURPOSE
A request has been received from Caroline Langford on behalf of the organisers of the 2017
Angaston Christmas Parade to assist with the traffic management arrangements associated with
staging the 2017 Angaston Christmas Parade on Friday 24 November 2017.
REPORT
Discussion
Application has been received from Caroline Langford on behalf of the organisers of the 2017
Angaston Christmas Celebration by way of a proposal – see attached to enhance the annual
community event and build on the Angaston 175 year celebrations.
Organisers wish to host a free celebration of fun and family between 5.00pm and 9.00pm at the
new location of Memorial Park. They envisage decorating the park to provide a little bit of
European Christmas market feel with carol singing and hope that family entertainment, food and
small businesses offering their handmade wares for sale will bring the park alive for the community.
A Giving Tree will be part of the night in support of Cross Roads Community Centre.
The parade component of the event will require parade participants to assemble in the car park
at the corner of Kent Street and Sturt Street and travel along Sturt Street then west along Murray
Street to South Terrace and return to the Kent Street car park for dispersal.
The proposal also requests parking restrictions be placed along the Parade route between 4.30pm
and 9.00pm.
Council staff and SAPOL have met to review the request within the proposal and recommend the
installation and monitoring of a road closure similar to that requested and approved for the
Angaston Bridge 150 Year celebration held in 2015.
Summary and Conclusion
The proposed road closure is pursuant to Section 33 of the Road Traffic Act 1961.
Council officers deem the closure necessary as a risk mitigation strategy to maintain the safety of
participants and the general public.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Angaston Christmas Parade 2017 proposal
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
Community and Culture
2017/400
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
Health and Wellbeing
Business and Employment
2.1 Initiate and support activities which encourage participation and pride in the Barossa
Council area.
2.6 Support a vibrant and growing arts, cultural, heritage and events sector.
4.2 Create opportunities for people of all ages and abilities to participate in the community.
5.13 Support economic development through events
Legislative Requirements
Local Government Act 1999
Road Traffic Act 1961
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Financial and Resources -
The in-kind cost and implementation of the road closure is to be met by Council via Council’s
Road Closure – Support budget.
Risk management –
Council officers deem the closure necessary as a risk mitigation strategy to maintain the safety of
participants and the general public.
Council staff will closely monitor the road closure and reopen the road/s as soon as practical after
the conclusion of the event.
COMMUNITY CONSULTATION
The community will be advised of the proposal by public advertisements to be placed in The
Herald and Leader and also via placement of the SAPOL notice on Council’s website.
7.4.1.4
WARREN ROAD TREATMENTS – WARREN RESERVOIR PROJECT
B5196 17/56347
MOVED Cr Lange that Council:
(1) Write to the Minister for Transport and Infrastructure agreeing to enter into a cost
share arrangement with the Department of Planning Transport and Infrastructure
contributing up to $100,000 of the estimated $300,000 construction costs on a one
third cost basis.
(2) Approves a 2017/2018 budget adjust transferring $100,000 from the sheeted road
programme contingency funds (601261-860-969) to the Warren project (543-654).
Seconded Cr de Vries CARRIED 2014-18/1154
PURPOSE
To provide an update from Council’s correspondence and subsequent representation to the
Minister for Transport and Infrastructure Office and seek additional project funding to finalise the
construction of intersection turn treatments for the Warren Reservoir Project.
REPORT
Background
At its meeting on the 16 May 2017, Council resolved that:
2017/401
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
“MOVED Cr Miller that Council request a delegation to meet with the Minister for Transport and
Infrastructure – Hon Stephen Mullighan MP, requesting the Department of Planning Transport and
Infrastructure to fund the construction of the required BAL/BAR treatments, Warren Road,
Williamstown should these traffic treatments be warranted Seconded Cr Lange CARRIED 2017-18/1044”
Introduction
Mayor Bob Sloane, Cr Michael Lange and Matt Elding, Director – Works and Engineering Services,
met with the Minister’s office Chief of Staff – Mr John Bistrovic, his advisor Mr Vince Puopolo and
the Department of Planning Transport and Infrastructure (DPTI) - Chief Operating Officer Mr Paul
Gelston on the 9 August 2017 to discuss funding for the construction of the required turn
treatments, Warren Road, Williamstown.
Discussion
Following completion of detailed designs, DPTI’s field services estimated construction costs for the
Basic Left and Basic Right turn treatments at location 1 and 3 to be approximately $300,000.
During discussions it was agreed that DPTI would be willing to construct the turn treatments and
provide funding of $200,000 if Council enter into a cost share agreement with DPTI and agree to
fund the remaining $100,000.
Council contribution should be limited to an upper amount of $100,000 based on a one third cost
basis of the estimated $300,000 construction costs, novating risk of cost overruns
These turn treatments are necessary to meet DPTI’s requirements. Access to the reservoir cannot
be opened up until these treatments are completed - DPTI are not willing to relax this requirement.
DPTI also confirmed that the requested speed reduction from 100km/hr to 80km/hr has been
approved and will be implemented soon.
Summary and Conclusion
Considering options for additional external grant funding have been exhausted together with
DPTI’s unwillingness to relax the warrant for these treatments, the best option available is to enter
into a cost share arrangement with DPTI.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Nil.
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
Identify Theme/s (utilising the icons)
Community and Culture
Infrastructure
Health and Wellbeing
2.1 Initiate and support activities which encourage participation and pride in the Barossa
Council area.
3.1 Develop and implement sound asset management which delivers sustainable services.
3.2 Collaborate with private and public utilities providers to ensure infrastructure is adequate
to support the community both now and into the future.
3.8 Support opportunities to increase community transport and access to services and
facilities.
4.2 Create opportunities for people of all ages and abilities to participate in the community.
2017/402
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
Legislative Requirements
Australian Road Rules
Highways Act 1926
Austroads Guide to Design
Australian Standard
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
The additional expenditure will need to be funded via a $100,000 Budget Transfer from the
approved 2017/2018 sheeted road programme contingency funds.
COMMUNITY CONSULTATION
Nil
ADJOURNMENT OF COUNCIL MEETING – 9.38AM
MOVED Cr Grossman that the Council meeting adjourn for a short break at 9.38am.
Seconded Cr Milne CARRIED 2014-18/1155
RESUMPTION OF COUNCIL MEETING – 9.50AM
The Council meeting resumed at 9.50am.
VISITORS TO THE MEETING – 9.51AM
Mayor Sloane presented Youth Grant Certificates to Mason and Oscar Graetz who
represented South Australia Country Basketball at the 2017 Australian Country Junior
Basketball Cup in Albury-Wodonga in January 2017. Mason and Oscar each received
a Youth Grant of $200.
8. CONFIDENTIAL AGENDA -9.52AM
8.1 WORKS AND ENGINEERNG SERVICES – CONFIDENTIAL
8.1.1
TENDER – PARA WIRRA ROAD – WILLIAMSTOWN – SEALED ROAD CONSTRUCTION WORKS –
TENDER NO T022-2017 – NON COMPLETION
B5939 17/54295
The matter of the agenda item being information relating to actual litigation, or litigation
that the council or council committee believes on reasonable grounds will take place,
involving the council or an employee of the council pursuant to Section 90(3)(i) of the
Local Government Act 1999 (“the Act”) being information that must be considered in
confidence in order to ensure that possible future litigation which may take place is not
compromised.
There is strong public interest in enabling members of the public to observe Council’s
transparent and informed decision-making. This helps to ensure accountability, maintain
transparency of public expenditure, facilitate participation, assist public awareness and
allow for the scrutiny of information. Attendance at a Council meeting is one means of
satisfying this interest. The public will only be excluded from a Council meeting when the
need for confidentiality pursuant to Section 90(2) of the Act outweighs the public interest
of open decision making.
In this matter, the reasons that receipt, consideration or discussion of the information or
matter in a meeting open to the public would be contrary to the public interest are that:-
2017/403
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
The disclosure could compromise possible future litigation and negotiations that
may take place between Council and the Contractor
On balance, the above reasons which support the need for confidentiality pursuant to
Section 90(2) of the Act outweigh the factors in favour of the public interest of open
decision making.
MOVED Cr de Vries that Council:
(1) Under the provisions of Section 90(2) of the Local Government Act 1999 an order
be made that the public be excluded from the meeting with the exception of the
Chief Executive Officer, Director Community Projects, Director Development and
Environmental Services, Director Works and Engineering Services, Group Manager
Corporate Services and Group Manager Community Services and the Minute
Secretary, in order to consider in confidence a report relating to Section 90(3)(i) of
the Local Government Act 1999 information relating to actual litigation, or
litigation that the council or council committee believes on reasonable grounds
will take place, involving the council or an employee of the council; and
(2) Accordingly, on this basis, Council is satisfied that public interest in conducting
meetings in a place open to the public has been outweighed by the need to
keep the information and discussion confidential as the disclosure could
compromise possible future litigation and negotiations that may take place
between Council and the Contractor.
Seconded Cr Hurn CARRIED 2014-18/1156
RESUMPTION OF OPEN COUNCIL MEETING – 10.30AM
The open meeting of Council resumed at 10.30am.
In the matter: 8.1.1 – Tender – Para Wirra Road – Williamstown – Sealed Road Construction
Works – Tender No T022-2017 – Non Completion:
MOVED Cr de Vries that Council:
(1) Accepts Option 1 of the Contractor’s Remediation Action Plan and extends the
defects liability period for the remedial work whilst also continuing to monitor
remaining defects during the existing defects liability period, including the base
course roughness issue and other defects which may arise.
(2) Having considered this matter in confidence under Section 90(2) of the Local
Government Act (the Act) pursuant to Section 90(3)(i) of the Act being
information relating to actual litigation, or litigation that the council or council
committee believes on reasonable grounds will take place, involving the Council
or an employee of the Council and, makes an order pursuant to Section 91(7) of
the Local Government Act 1999, that the report, attachments and associated
documents other than the minutes in relation to Confidential Item 8.1.1 of the
Council Meeting held 15 August 2017 and titled Tender – Para Wirra Road –
Williamstown – Sealed Road Construction Works – Tender No T022-2017 – Non
Completion be kept confidential and not available for public inspection and
that the Chief Executive Officer be delegated the power to review and revoke
this order.
Seconded Cr Milne CARRIED CO2014/18-63
9. REPRESENTATIVES ON COUNCIL COMMITTEES - REPORTS
Nil
2017/404
The Barossa Council Minutes of Council Meeting held on Tuesday 15 August 2017
10. OTHER BUSINESS
10.1
LEAVE OF ABSENCE – CR SEAGER
MOVED Cr Milne that Cr Seager be granted Leave of Absence from Monday 11
September 2017 to Saturday 30 September 2017.
Seconded Cr Hurn CARRIED 2014-18/1157
Cr Seager briefed Council on the Sanderston and Lavender Federation Trails.
Cr de Vries left the meeting at 10.35am.
11. NEXT MEETING
Tuesday 19 September 2017 at 9.00am
12. CLOSURE OF MEETING
Mayor Sloane declared the meeting closed at 10.35am.
Confirmed at Council Meeting – Tuesday 19 September 2017
Date:......................................... Mayor:...................................
2017/32
The Barossa Council CONFIDENTIAL Minutes of Council Meeting held on 15 August 2017
CONFIDENTIAL
CONFIDENTIAL MINUTES
OF THE MEETING OF THE BAROSSA COUNCIL
held pursuant to the provisions of Section 90(2) of the Local Government
Act 1999 on
Tuesday 15 August 2017 commencing at 9.52am
MEMBERS PRESENT
Mayor Sloane, Crs Scotty Milne (Deputy Mayor) Dave de Vries, Bim Lange, Mark
Grossman, Margaret Harris, John Angas, Christopher Harms, Michael Seager,
Richard Miller, Leonie Boothby and Tony Hurn
OFFICERS PRESENT
Mr Martin McCarthy, Chief Executive Officer, Mrs Joanne Thomas, Director
Community Projects, Mr Matt Elding, Director Works and Engineering Services, Mr
Gary Mavrinac, Director Development and Environmental Services, Mr Mark
Lague, Group Manager Corporate Services, Mr Vincent Marsland, Group
Manager Community Services and Ms Lorraine Walsh, Executive Assistant
LEAVE OF ABSENCE
Nil
APOLOGIES
Nil
8.1 DIRECTOR WORKS AND ENGINEERING SERVICES - CONFIDENTIAL
8.1.1
TENDER – PARA WIRRA ROAD – WILLIAMSTOWN – SEALED ROAD CONSTRUCTION
WORKS – TENDER NO T022-2017 – NON COMPLETION
B5939 17/54297
MOVED Cr de Vries that Council:
(1) Accepts Option 1 of the Contractor’s Remediation Action Plan and
extends the defects liability period for the remedial work whilst also
continuing to monitor remaining defects during the existing defects liability
period, including the base course roughness issue and other defects which
may arise.
(2) Having considered this matter in confidence under Section 90(2) of the
Local Government Act (the Act) pursuant to Section 90(3)(i) of the Act
being information relating to actual litigation, or litigation that the council
or council committee believes on reasonable grounds will take place,
involving the Council or an employee of the Council and, makes an order
pursuant to Section 91(7) of the Local Government Act 1999, that the
report, attachments and associated documents other than the minutes in
relation to Confidential Item 8.1.1 of the Council Meeting held 15 August
2017 and titled Tender – Para Wirra Road – Williamstown – Sealed Road
OUT OF CONFIDENCE
2017/33
The Barossa Council CONFIDENTIAL Minutes of Council Meeting held on 15 August 2017
Construction Works – Tender No T022-2017 – Non Completion be kept
confidential and not available for public inspection and that the Chief
Executive Officer be delegated the power to review and revoke this order.
Seconded Cr Milne CARRIED CO2014/18-63
CLOSURE OF CONFIDENTIAL MEETING
There being no further business the confidential meeting closed at 10.30am.
Confirmed at Council meeting Tuesday 19 September 2017
Date: ................................................ Mayor: ..............................................
OUT OF CONFIDENCE