NOTICE OF COUNCIL AND COMMITTEE MEETINGS...Presentation 13 6.1 Recognition of Years of Service 13 6.2 Obesity Prevention and Lifestyles (OPAL) / Healthy Active Lifestyles Onkaparinga

1 August, 2014

NOTICE OF COUNCIL AND COMMITTEE MEETINGS

NOTICE IS HEREBY GIVEN that in accordance with Sections 83 and 87 of the Local

Government Act 1999 that an Ordinary Meeting of Council of the City of Onkaparinga

will be held on Tuesday 5 August, 2014 at the Council Chamber at the Civic Centre, Ramsay Place, Noarlunga Centre at 7pm for the purpose of considering the items included on the attached agenda.

We recognise that the land on which we meet has considerable natural and cultural heritage, including thousands of years of traditional ownership by Kaurna.

Mark Dowd Chief Executive Officer

Disclaimer: Please note that the contents of the Council Agendas have yet to be considered by Council and recommendations contained herein may be altered or changed by the Council in the process of formally making decisions of Council.

City of Onkaparinga

PO Box 1 Noarlunga Centre South Australia 5168 www.onkaparingacity.com

Noarlunga office

Ramsay Place Noarlunga Centre Ph: 8384 0666 Fax: 8382 8744

Aberfoyle Park office

The Hub Aberfoyle Park Ph 8384 0666 Fax: 8270 1155

Willunga office

St Peters Terrace Willunga Ph: 8384 0666 Fax: 08 8556 2641

Woodcroft office

175 Bains Road Morphett Vale Ph: 8384 0666 Fax: 08 8556 2641

Contact for apologies: Glenda Parsons Ph: 8301 7324 Email: [email protected]

Contact Number for meeting venue: Ph: 8384 0614

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City of Onkaparinga Agenda for the Council meeting

to be held on 05 August 2014

Venue: ::

Council Chamber, Civic Centre Ramsay Place, Noarlunga Centre

Meeting commenced: :

Present: :

Apologies: :

Leave of absence: :

Absent: :

Pledge:

We recognise this City’s considerable natural and cultural heritage, including thousands of years of traditional ownership by Kaurna, and the more recent contribution from people either born here or who have migrated here. As we meet together, we build on this heritage by respecting and listening to each other, thinking clearly, being receptive to new ideas, speaking honestly, and deciding wisely for the current and future well-being of those we serve.

City of Onkaparinga Agenda for the Council meeting to be held on 05 August 2014.

2 Date Printed: 1 August 2014




1. Opening of meeting 5

2. Confirmation of minutes of the Council meeting held on Tuesday 15 July 2014 5

3. Adjourned business 5

4. Leave of absence 5

5. Mayor’s Communication 5

5.1 Mayors report 5 August 2014 5

6. Presentation 13

6.1 Recognition of Years of Service 13

6.2 Obesity Prevention and Lifestyles (OPAL) / Healthy Active Lifestyles Onkaparinga (HALO) Presentation (Philomena Taylor, Director Community Relations) 13

7. Deputation 13

8. Presentation by Committee Chairpersons and reports to Council by Council Committees. 13

8.1 Chief Executive Officer Performance Management Committee minutes 13

8.2 Strategic Directions Committee minutes 17

9. Reports of officers 23

9.1 Final update report on the proposal to revocate and sell a portion of Council reserve land adjoining Moana Kindergarten 23

9.2 Final update report on the proposal to revocate and sell a Council drainage reserve at Christies Beach 29

9.3 Final update report on the proposal to revocate and sell a portion of a Council drainage reserve at Happy Valley 35

9.4 Nation Building Black Spot - Gulfview and McMurtie Road funding deeds report 41

9.5 Old Coach Road - Petition Response 89

9.6 Structure of the Metropolitan Seaside Councils’ Committee 105

9.7 2015 Santos Tour Down Under Stage 5 associated events concept 131

9.8 Elected Member Code of Conduct - Ombudsman's investigation findings 143

10. Nominations to external bodies 155

10.1 Nomination of independent member to SRWRA Audit Committee 155

10.2 Request for Council contact - School for Dogs Aldinga Bay Inc 159

11. Questions on notice 163

11.1 Question on Notice (Cr S Brown) 163

11.2 Question on Notice (Cr S Brown) 165

12. Motions 167

12.1 Notice of Motion (Cr P Schulze) 167

13. Petitions 167

14. Urgent business 167



15. Confidential items 169

15.1 Chief Executive Officer Performance Management Committee confidential minutes 171

15.2 Elected Member Code of Conduct - Ombudsman's letter and final report CONFIDENTIAL 173

16. Closure 175



1. Opening of meeting

2. Confirmation of minutes of the Council meeting held on Tuesday 15 July 2014

3. Adjourned business

4. Leave of absence

5. Mayor’s Communication 5.1 Mayors report 5 August 2014

China Delegation

At the most recent Economic Development Forum meeting, the members voted to allocate $10,000 from their budget to provide towards the China visit for me as Mayor and one Chair of a Business Association. As you are aware, we allocate $20,000 per year in the economic development budget for the forum to use for projects that will stimulate activity within the City. There was a carry over from last year of around $12,000 and this year you reallocated another $20,000, resulting in a total of $32,000 for 2014-15. To date the Economic Development Forum have agreed to allocate this funding for a City of Onkaparinga Business Expo up to $10,000 and this China trip up to $10,000.

Also it is noteworthy that the delegation was never going to allocate additional funds to the budget - you had already approved the level of expenditure.

I have attached a letter of congratulations regarding our China visit from Steven Marshall MP (attachment 1).

Pensioner concessions

In my last Mayor’s report I provided you a snapshot of the Local Government impacts from both the Federal and State budgets. It was requested that further information be supplied in relation to pensioner concessions.

The updated information is as follows:

The Commonwealth Government announced in the 2014 Federal Budget that it was abolishing the National Partnership Agreement on Certain Concessions for Pensioner Concession Card and Seniors Card holders. In the 2014 State Budget it was announced that the South Australian State Government will not pass on the concession cut in 2014-15. However it will cease providing concessions on Local Government rates from 1 July 2015 in response to the Commonwealth Government’s decision to abolish the national partnership agreement.

There are three different types of State Concessions that apply to council rates and charges. These are the Pensioner Concession, Low Income (Beneficiary) Concession and Self-Funded Retiree Concession. These concessions are applied under the Rates and Land Tax Remissions Act 1986. For Self-Funded Retirees the only concession applied (for Council purposes) is a rates concession which is a maximum amount of $100. For both Pensioner and Beneficiary concession card holders they



annually receive a rates concession of 60% or up to a maximum of $190 toward their rates plus they are entitled to receive a sewerage concession (where these pensioners are connected to the CWMS) of 60% up to a maximum of $110. All concessions for 2014-15 were honoured by the State Government.

The current proposal by State Government is to repeal the Rates and Land Tax Remissions Act 1986 prior to the 2015-16 financial year thus removing all rates and sewerage concessions for those eligible.

The table below shows the breakdown of concessions for 2014-15 as at 16 July 2014.

General Rates Amount

CWMS Charges Amount Total

Pensioner Concession 14565 $2,763,518.34 872 $95,865.00 $2,859,383.34

Beneficiary Concession 329 $62,066.66 15 $1,595.00 $63,661.66

Self-Funded Retirees 1238 $123,550.00 n/a n/a $123,550.00

Totals $2,949,135.00 $97,460.00 $3,046,595.00

% of General Rates 2.67%

0.09% 2.76%

% of CWMS Charges 3.65%

If consideration is given to Council funding a similar level of concessions it would equate to a general rate increase of 2.76% on top of any other increase required for the 2015-16 year. Alternately any CWMS concession could be funded through CWMS charges/customers.

Further to this, Councils currently receive notification of concession eligibility from the State Government Department of Communities and Social Inclusion (DCSI) who obtain and check eligibility data via a direct interface with Centrelink. If State concessions are withdrawn council will not have access to the data required to determine who holds eligible concession cards. As such consideration of concessions would need to be based on an individual annual application and would need to be evidenced by sighting the concession card (as an indication of eligibility). It should however be noted that while a person may hold a concession card council would have no way of checking if it had since been cancelled by Centrelink. Administration of a process to deal with ongoing applications and investigations would require considerable resources. We would also need to replicate the provisions of the current Rates and Land Tax Remissions Act 1986 and the associated regulations into our rating policy.



Should Council introduce a concessions system our communities would also be anticipating that the concession would be subject to annual indexing which does not happen under the State Government system. On that basis the cost to our communities would increase annually.

Grants Ceremony

Thank you to Councillors Kilby, Merritt and Gunn for your support at the recent Grants presentation evening. It was a great success with 88 groups sharing in the $173,198 of grants allocated. For those who do manage to come to these events the thing that is most impressive is the amazing diversity of clubs, groups and organisations across our City.

Doing Business in Asia

Thank you to Councillors Merritt, Greaves, Webster, Swann and staff for attending the ‘Doing Business in Asia’ forum held by CEDA.

Local Government Association Activities

As Vice President I continue to do a range of activities for Local Government. As you may be aware, prior to the state election, on the last day of sitting, the Hon John Rau MP, Minister for Planning introduced regulations restricting council involvement in decision making for high rise development above five stories for the five inner rim councils and Adelaide City Council.

The timing meant that no challenge should be placed on the regulations by Parliament.

However, Mark Parnell MLC for the Greens indicated at a Local Government Association Forum I hosted during the campaign (as Acting President) that they would move a disallowance after the elections.

He has done so and I have had a series of events to manage around this issue. We have met to discuss this. Although it does not immediately impact our City, I believe it is the thin edge of the wedge for Councils such as ours.

Another issue to watch carefully is the Government decision to put in a Kangaroo Island Commissioner in Kangaroo Island. This move was strongly supported by the Kangaroo Island Council and so the Local Government Association has respected their views and supported their wishes. However for Local Government generally this is an interesting move and one we need to watch very carefully.

Mayor’s Prayer Breakfast

Don’t forget the Mayor’s Prayer Breakfast event to be held on the 29 August 2014 at 7am at South Adelaide Football Club. You have a flyer and booking sheet on your table tonight. As you can see my charity this year is the Schools Ministry Group recognising the work they do in our local schools. The guest speaker is Peter Irvine who started the Gloria Jeanes Coffee franchise.

OPAL wrap up

I thought it timely to thank all those who have been involved with the delivery of our OPAL Program over the last five years. The City of Onkaparinga was one of the first batch of Councils to sign up and participate and so the contract is about to end. There have been many highlights throughout these five years and I have been delighted to act as the Champion within our City. Some highlights for me are:



Since 2009 the OPAL program has installed seven drinking fountains in primary and high schools, Hub Recreation Centre and at the Robertson Street Reserve.

Education bike facility at Robertson Street Reserve (I wonder if we could rename OPAL Park?) which is used strongly by all.

The OPAL Fun Day at Reynella Community Centre to celebrate the end of the program and all that has been achieved. Over 600 local children and families attended and I was able to present OPAL Community awards to 26 early childhood providers, 15 primary schools, two high schools, nine community groups and two OPAL volunteers, and

Ongoing resources was the Munch, Play, Learn DVD which I launched

recently. This will be resources available to all early childhood centres to give ideas for healthy mealtime environments leading to good nutrition.

I offer my sincere thanks, on your behalf, to all involved over the five years.

Planning Reform Forum

The panel conducting the planning reform on behalf of The Hon John Rau MP, Minister for Planning will be conducting a series of workshops. The Local Government Association is also seeking your feedback. There is a metropolitan forum at the City of Marion 18 August 2014.

Royal Adelaide Show

The City of Onkaparinga will be promoted again at this year’s Royal Adelaide Show between the 5-14 September 2014. ‘Growing Business’ is the main focus and we will have a display promoting all business sectors across our City.

There is an opportunity for you to get involved by offering to assist at the promotional display by volunteering a minimum of 3 hours which will involve talking to visitors and promoting our businesses and our wonderful area. Please let Phillip Tanner know if you are interested.



EM briefings/workshops from 9 July – 29 July 2014

Policy Principles, Strategy Lead Documents – (Healthy Lifestyles, Placemaking), 22 July 2014

Mayor’s calendar

My activities from 9 July – 29 July 2014 are reflected in attachment 2.

Thank you

Lorraine Rosenberg

Mayor

1. That Council note the 5 August 2014 Mayor’s report.



Attachment 1



Attachment 2

Meetings and events attended by the Mayor

9 July – 29 July 2014

July 2014

9 Noarlunga Ladies Probus Birthday luncheon

Metropolitan Mayors luncheon

Meeting of Metropolitan Local Government Group

10 Coast FM Radio interview

Meeting with consultant for Local Government Association

Panel session for LGA Senior and General Managers Residential Seminar

11 Mayor’s Garden competition judging

14 Radio media interview

15 Life Care Court Extension opening

Meeting with community members

Meeting with member of parliament

Meeting with staff

Meeting with Chief Executive Officer

Meeting of council

17 Meeting of Local Government Association Board

Media interview

Meeting of Economic Development Forum

18 Media photo shoot

Meeting with residents association

21 Radio media interview

Meeting with Mark Parnell



Meetings and events attended by the Mayor

9 July – 29 July 2014

22 Meeting of Chief Executive Officer Performance Management Committee

Elected Member workshop

23 Doing Business in Asia seminar

24 Grants Presentation Ceremony

25 Positive Ageing Celebration Day

26 Christmas in July

27 Attend Almond Blossom Festival

Attend Onkaparinga City Concert Band major concert

28 Meeting with staff

Meeting with resident

Citizenship Ceremony

29 Meeting of Stormwater Management Authority

Meeting with Chief Executive Officer

Meeting with staff and ward councillors

Meeting of Strategic Directions Committee



6. Presentation 6.1 Recognition of Years of Service

6.2 Obesity Prevention and Lifestyles (OPAL) / Healthy Active Lifestyles Onkaparinga (HALO) Presentation (Philomena Taylor, Director Community Relations)

7. Deputation Nil

8. Presentation by Committee Chairpersons and reports to Council by Council Committees.

8.1 Chief Executive Officer Performance Management Committee minutes H2

This is a regular or standard report.

Director: Alison Hancock, Director People, Governance and Regulatory Services

Report Author: Sue Hammond, Governance Officer

Contact Number: 8384 0747

Attachments: 1. Chief Executive Officer Performance Management

Committee minutes of meeting held 22 July 2014 (3 pages)

A meeting of the Chief Executive Officer Performance Management Committee was held on 22 July 2014.

There are no items that require a resolution of Council.

Recommendation

That Council note the minutes of the Chief Executive Officer Performance

Management Committee meeting held on 22 July 2014 as attached to this agenda report.



Attachment 1







8.2 Strategic Directions Committee minutes H2



Report Author: Matthew Lawrence, Governance Officer


Attachments: 1. Minutes of the Strategic Directions Committee meeting held

29 July 2014 (5 pages)

A meeting of the Strategic Directions Committee was held on 29 July 2014.

There were no items that require a resolution of Council.

Recommendation

That Council note the minutes of the Strategic Directions Committee meeting

held on 29 July 2014, as attached to the agenda.



Attachment 1











9. Reports of officers 9.1 Final update report on the proposal to revocate and sell a portion of Council

reserve land adjoining Moana Kindergarten H2

This is an update on a previously reported subject, concept or issue.

Director: Steve Mathewson, Director Finance and Commercial

Report Author: David Haslam, Property Officer Transactions


Attachments: 1. Aerial Photograph of land (1 page)

2. Minister’s consent letter (1 page)

1. Purpose

This report confirms the consent by the Minister for Planning to revoke the community land status of a portion of council reserve land and seeks Council’s approval to formally approve the revocation of the land from its community land classification to enable sale.

2. Recommendations

That, for the land described as portion of Allotment 212 in Deposited Plan 10248, comprised in portion of Certificate of Title Volume 5174 Folio 772, and bordered

in yellow on attachment 1 to this agenda report, Council:

1. Notes that approval to revoke the land from its community land classification

has been received from the Minister for Planning in letter dated 24 June 2014.

2. Resolves to formally approve the revocation of the land from its community land classification pursuant to section 194(3)(b) of the Local Government Act 1999.

3. Approves the sale of the land to the Minister for Education and Child

Development on behalf of the Moana Kindergarten at the current market

value, subject to all costs associated with the transfer and land division being met by the purchaser.

4. Authorises the Mayor and Chief Executive Officer to sign and seal any documents required to finalise the revocation process and to complete the

sale, transfer and consolidation of the subject land with the purchaser’s land.

3. Background

At its meeting on 19 March 2013, Council declared the subject portion of the reserve as surplus to requirements and suitable for disposal and approved the commencement of the revocation process.

At its meeting on 26 November 2013, Council noted that no public objections were received to the proposal to dispose of the land, recommended that a request be forwarded to the Minister for Planning for approval to revoke the community land classification and requested a further report be presented to Council once the Minster’s decision had been received.



The Minister for Planning’s approval letter to revoke the land from its community land classification is included as attachment 2 to this agenda report.

4. Financial Implications

All costs associated with the sale and consolidation of the subject land with the purchaser’s land, together with the market value of the land, will be borne by the purchaser.

Consistent with the Draft Annual Business Plan 2014-15 community engagement outcomes and budget balancing options the proceeds from the sale of the subject portion of reserve (if approved by Council) will be assigned to general revenue to meet the agreed budget amendments endorsed by Council at its meeting on 24 June 2014.

5. Risk and Opportunity Management

Risk

Identify Mitigation

The subject land is not approved for disposal.

The existing occupation by the kindergarten will be unauthorised and Council as the landowner will remain liable for actions and injury that may occur on the subject land. As the land is already fenced in and used by children attending the Moana Kindergarten, this is considered an inappropriate risk for Council to accept.

The alternative to relocate the fencing (and subsequently reduce the kindergarten’s usable area) is not considered a practical or reasonable solution when there is no strategic or operational need for retention of the land by Council.

Opportunity

Identify Maximise the opportunity

To remedy a situation that has existed for many years.

Whilst the existing occupation has not been adequately formalised in accord with the Local Government Act 1999 in the past, there is a requirement to now address that situation. It is considered that the benefits of disposing of the land and correcting the situation permanently far outweigh the administrative requirements of an on-going licence arrangement.



6. Additional information

Discussion

The subject portion of reserve land (shown bordered in yellow on attachment 1) is fenced in with the Moana Kindergarten (bordered in red on attachment 1) and has been for a number of years.

The total area of land proposed for disposal is approximately 95 m², being approximately 3 metres wide and 32 metres long.

Disposal of the subject portion to the Minister for Education and Child Development would assist the operations of the kindergarten by permanently increasing their usable area and ensuring that the existing protective fencing around the kindergarten can remain in situ, whilst mitigating our risk exposure associated with the existing unauthorised occupation of the land by the kindergarten.

The process of revocation has the expectation that the Council will conduct the process of revoking the classification of community land on an objective basis and determine, on balance, what is in the best interests of the community, without the financial outcome of this process in mind. Therefore, for this reason a valuation is not sought at the commencement of a revocation process. In any event, a valuation is only valid for a short period of time and due to the timeframes associated with a revocation process these valuations become out of date prior to the end of the process, therefore they would be required to be done twice, which duplicates expenditure unnecessarily. A valuation is generally sought at the end of the revocation process, once the outcome is known of Council’s determination on the merits of removing the land from the classification as community land and where the likelihood of the land being disposed is known.

Council policy on disposal of council land

Council’s ‘Disposal of council land and other assets’ policy provides a number of disposal options, a range of matters that may influence the disposal process and method and possible conditions that should be applied to any real property disposal.

The proposal outlined in this report for the disposal of the subject land is in accordance with Council policy. Of particular relevance to this disposal are the following:

1. It is intended to deal direct with the adjoining owner.

2. The land will be disposed at the current market value.

3. All costs associated with the disposal will be borne by the purchaser.

4. The subject land will be amalgamated with the purchaser’s existing title.



Attachment 1



Attachment 2






9.2 Final update report on the proposal to revocate and sell a Council drainage reserve at Christies Beach

H2





Attachments: 1. Aerial photograph of land (1 page)


1. Purpose

This report confirms the consent by the Minister for Planning to revoke the community land status of a Council drainage reserve and seeks Council’s resolution to formally approve the revocation of the land from its community land classification to enable sale.

2. Recommendations

That, for the land described as Allotment 1615 in Deposited Plan 4984 comprised

in Certificate of Title Volume 5519 Folio 598, and shown bordered in red on

attachment 1 to this agenda report, Council:


has been received from the Minister for Planning in letter dated 10 June 2014.

2. Resolves to formally approve the revocation of the land from its community

land classification pursuant to subsection 194(3)(b) of the Local Government Act 1999.

3. Approves the sale of the land to the adjoining owners at the current market

value, subject to all costs associated with the transfer and land division being met by the purchasers.

4. Authorises the Mayor and Chief Executive Officer to sign and seal any documents required to finalise the revocation process and to complete the

sale, transfer and consolidation of the subject land with the purchaser’s land.

3. Background

At its meeting on 19 March 2013, Council declared the subject reserve as surplus to requirements and suitable for disposal and approved the commencement of the revocation process.

At its meeting on 26 November 2013, Council noted that no public objections were received to the proposal to revocate and dispose of the land, recommended that a request be forwarded to the Minister for Planning for approval to revoke the community land classification and requested a further report be presented to Council once the Minister’s decision had been received.



The Minister for Planning’s approval letter to revoke the land from its community land classification is included as attachment 2 to the agenda report.


All costs associated with the sale and consolidation of the subject land with the purchaser’s land, together with the market value of the land, will be borne by the purchasers.

Consistent with the Draft Annual Business Plan 2014-15 community engagement outcomes and budget balancing options the proceeds from the sale of the drainage reserve (if approved by Council) will be assigned to general revenue to meet the agreed budget amendments endorsed by Council at its meeting on 24 June 2014.


Risk

Identify Mitigation


The existing occupations will be unauthorised and Council as the landowner will remain liable for actions and any injury that may occur on the subject land.

This risk is considered to be inappropriately owned by Council when there is no strategic or operational need for retention of the land by Council.

Opportunity

Identify Maximise the opportunity


Whilst the existing occupation has not been adequately formalised in accord with the Local Government Act 1999 in the past, there is a requirement to now address that situation. It is considered that the benefits of disposing of the land and correcting the situation permanently far outweigh the administrative requirements of an on-going licence arrangement.

Disposal of the subject reserve will also remove a maintenance obligation that currently legally rests with Council as the landowner.


Discussion



The subject drainage reserve runs between Archerfield Avenue and Robertson Street, Christies Beach. The reserve is approximately 86 metres long and is 3.05 metres wide for its entire length (approximate total area 262 m²).

The landowners at 24 Archerfield Avenue and 7 Robertson Street, Christies Beach have both submitted requests to purchase the adjoining drainage reserve for inclusion into their respective properties.

The subject land is fenced on the southern boundary (the northern boundary being unfenced) and therefore appears to be part of the applicant’s properties. In both cases the subject land is used as a driveway and garden area for the applicants’ properties and does not appear to have been used by the public for a considerable number of years (if ever).

The adjoining owners to the south of the subject land have been contacted and advised that they have no interest in the subject land and do not object to its disposal to the applicants.


Internal Investigations regarding the use of the drainage reserve

There is no drainage infrastructure within the drainage reserve and the land is not required for an overland stormwater path as advised by our Asset Management team.

Because there is no strategic or operational requirement for the land it is suggested that the benefits of sale far outweigh retention by Council.

Council policy on the disposal of council land

Council’s ‘Disposal of council land and other assets’ policy provides a number of disposal options, a range of matters that may influence the disposal process and method, and possible conditions that should be applied to any real property disposal.

The proposal outlined in this report for the disposal of the subject land is in accordance with Council policy. Of particular relevance to this disposal are the following:

1. It is intended to deal direct with the adjoining owners.


3. All costs associated with the disposal will be borne by the purchasers.

4. The subject land will be amalgamated with the applicant’s existing titles.



Attachment 1



Attachment 2






9.3 Final update report on the proposal to revocate and sell a portion of a Council drainage reserve at Happy Valley

H2





Attachments: 1. Aerial photograph (1 page)


1. Purpose

This report confirms the consent by the Minister for Planning to revoke the community land status of a portion of a Council drainage reserve and seeks Council’s resolution to formally approve the revocation of the land from its community land classification to enable sale.

2. Recommendations

That, for the land described as portion of Allotment 100 in Deposited Plan 10568, comprised in portion of Certificate of Title Volume 5632 Folio 735, and bordered

in red on attachment 1 to this agenda report, Council:


has been received from the Minister for Planning in letter dated 10 June 2014

2. Resolves to formally approve the revocation of the land from its community

land classification pursuant to subsection 194(3)(b) of the Local Government Act 1999

3. Approves the sale of the land to the adjoining owners at the current market

value, subject to the purchaser’s agreement to fund all costs associated with the transfer and land division (less an amount of up to $5,000 as a

contribution to transaction costs to be met by Council from the sale proceeds

as previously approved on 13 August 2013)

4. Authorises the Mayor and Chief Executive Officer to sign and seal any

documents required to finalise the revocation process and to complete the sale, transfer and consolidation of the subject land with the purchaser’s land.

3. Background

At its meeting on 13 August 2013, Council declared the subject portion of the reserve as surplus to requirements and suitable for disposal and approved the commencement of the revocation process.

At its meeting on 11 March 2014, Council noted that no public objections were received to the proposal to revocate and dispose of the land, recommended that a request be forwarded to the Minister for Planning for approval to revoke the community land classification and requested a further report be presented to Council once the Minister’s decision had been received.



The Minister for Planning’s approval letter to revoke the land from its community land classification is included as attachment 2 to the agenda report.


All costs associated with the sale and consolidation of the subject land with the purchaser’s land (less a council contribution of up to $5,000 towards transactional costs), together with the market value of the land, will be borne by the purchasers.

Consistent with the Draft Annual Business Plan 2014-15 community engagement outcomes and budget balancing options the net proceeds from the sale of the subject portion of land (if approved by Council) will be assigned to general revenue to meet the agreed budget amendments endorsed by Council at its meeting on 24 June 2014.


Risk

Identify Mitigation


The existing occupation would remain unauthorised (despite it being permitted in 1986 by City of Happy Valley) and Council as the landowner would remain liable for actions and any injury that may occur on the subject land. By negotiation with the applicants they have agreed to have the access authorised in the interim until disposal can be achieved. It is unlikely they will agree to a long term licence over the occupation due to its ongoing associated cost.

The risk is considered to be inappropriately owned by Council when there is no strategic or operational need for retention of the subject portion of reserve land in Council’s ownership.

Opportunity

Identify Maximising the opportunity


Whilst the encroachment has not been adequately formalised in accord with the Local Government Act 1999 in the past, there is a requirement to now address that situation. It is considered that the benefits of disposing of the land and correcting the situation permanently far outweigh the administrative requirements of an on-going licence.




Discussion

The subject portion of drainage reserve land comprising approximately 80 m² and bordered in red on attachment 1 contains a cement driveway that provides the only existing vehicular access point to the residential property and garage.

The existing owners purchased the adjoining property in 2011 and were unaware that the cement driveway was located on council land. When they became aware of this encroachment they applied to council to purchase the land. In accord with council disposal of land policies, the applicants were advised that all costs associated with the purchase needed to be met by them (estimated to be in the order of approximately $10,000 in fees in addition to the market value of the land).

Due to the significant costs involved to remedy the situation, the applicants sought legal advice on the basis that the vendor of the property failed to advise them of the situation and further that council failed to formally advise them in the Property Interest report (as part of the Form 1) of the encroachment and previous dispensation granted by the City of Happy Valley.

Council at its meeting of 13 August 2013 approved to meet half of the land transaction costs (up to a maximum of $5,000) providing the purchasers meet the remaining costs together with the market value of the land.


Internal Investigation regarding the use of the subject land

The subject 80m² of drainage reserve land is elevated from the low-lying area of the reserve and its disposal would have no adverse impact on the continued use of the remaining land as a drainage reserve as advised by our Asset Management team.

Disposal is supported on the basis that there is no strategic or operational need for retention of the land in Council’s ownership.

Council policy on the disposal of council land

Council’s ‘Disposal of council land and other assets’ policy provides a number of disposal options, a range of matters that may influence the disposal process and method and possible conditions that should be applied to any real property disposal.

The proposal outlined in this report for the disposal of the subject land is in accord with Council policy. Of particular relevance to this disposal are the following:

1. It is intended to deal direct with the adjoining owners.




3. All costs associated with the disposal (less the contribution from Council of up to $5,000) will be borne by the purchasers.

4. The subject land will be amalgamated with the purchaser’s title.





Attachment 2



9.4 Nation Building Black Spot - Gulfview and McMurtie Road funding deeds report

H2


Director: Kirk Richardson, Director City Operations

Report Author: Murray Conahan, Asset Planner - Roads


Attachments: 1. Letter from Department of Planning, Transport & Infrastructure informing of successful funding (45 pages)

1. Purpose

This report seeks approval to apply the common seal of council in execution of the funding deeds for road black spot funding awarded to projects under the Commonwealth Infrastructure Investment Black Spot Program.

2. Recommendation

That the Mayor and Chief Executive Officer be authorised to sign and affix the

common seal of council to the Commonwealth Infrastructure Investment Black Spot Program funding deeds (contained in attachment 1 of this agenda report)

for:

a. Gulfview Road/Galloway Road intersection upgrade project to modify the

roundabout and improve sight lines.

b. McMurtrie Road/Hunt Road intersection project to construct a staggered intersection.

3. Background

Federal and state black spot funding grants are open annually for all councils to apply on a competitive basis. Projects for black spot funding are submitted to the Department for Planning, Transport and Infrastructure (DPTI) where they are assessed on the frequency and types of crashes, how much it will cost to improve the location and the benefit to the community for the remedial treatment. Projects which meet the quite stringent criteria of the federal program and demonstrate a real benefit to the community in terms of safety are fully funded. If a project is not successful in the federal round it is then submitted to the state black spot program for consideration.

We routinely apply for federal and state black spot road safety grants each year. The council seal is required by the state government to formalise the funding deeds associated with these grants.

On 30 June 2014 we were advised by DPTI of the success of our application for the following projects under the Commonwealth Infrastructure Investment Black Spot Program:

Gulfview Road/Galloway Road intersection upgrade project to modify the

roundabout and improve sight lines.



McMurtrie Road/Hunt Road intersection project to construct a staggered intersection.

At the Gulfview and Galloway Road intersection a consultant was engaged to prepare a black spot funding application due to the complexity of this site which includes a Pedestrian Activated Crossing (PAC). The issues identified and the recommended actions to address them included modifications to the roundabout and improvements to sight lines. The total budget for this project is $55,000 including GST (PID 10213 $50,000 ex GST).

The McMurtrie/Hunt Road intersection project proposes to stagger the intersection to reduce right angle crashes resulting from vehicles failing to give way. The total budget for these works is $165,000 including GST (PID 10214 $150,000 ex GST).

Both projects have been successful in being granted 100 per cent federal funding support. Detailed designs are anticipated to be completed by mid September for construction planned for the first quarter of 2015.

We are yet to be advised of the status of our grant application for (PID 9373 $300,000) Baker Gully Road, Chapel Hill Road and Chaffeys Road, Kangarilla - shoulder widening projects. Whilst unsuccessful in the federal round for black spot funding it will be considered in the state round of black spot funding. Should it be successful under the state program, the deeds for this project will be presented to Council once received.


Both projects were approved by Council for funding as part of the 2014-15 budget. The Project and Capital Works (PCW) bid for both projects were prepared assuming that these projects would qualify for state government funding which requires one third council contribution and two thirds state funding. However as we have been successful in the federal funding bid (which provides 100 per cent funding) $67,000 of budgeted council funds will be reallocated as part of a future budget review.


Risk

Identify Mitigation

Without the council seal, the Department of Planning, Transport & Infrastructure (DPTI) will not provide grant funding which will result in council having to provide 100 per cent of project funds or cancel the projects.

Recommendation to sign and apply seal endorsed by Council



Opportunity


The call for nominations of eligible black spot projects is done annually

The opportunity exists for council to participate in the program and receive additional funding to proactively improve road safety in the City of Onkaparinga.


The extra money provided by the federal government for black spot funding, as part of the 2014 budget, resulted in $5.8 million being allocated to South Australia. There was no call for further projects to be submitted but rather existing submissions that were submitted in November 2013 where prioritised and approved up to the funding amount available.

Next Steps

We have already begun assessing black spot funding applications for the 2015-16 financial year where there will be $12.8 million of funding available for South Australia (up from $5.8 million 2014-15). The strict criteria for submitting black spot funding applications will be relaxed during 2015-16 to encourage submissions for a higher number of projects. There will also be a greater emphasis placed on preventative solutions where 40 per cent of the funding will be allocated to projects identified by road safety audits, which looks at the likelihood of accidents occurring rather than rely on the history of accidents.

Submissions for 2015-16 black spot projects will be called for in September 2014 and close 15 November 2014.



Attachment 1



























































































9.5 Old Coach Road - Petition Response This is an update on a previously reported subject, concept or issue. H2

Old Coach Road, Maslin Beach - Petition Response


Report Author: Murray Conahan, Asset Planner Roads


Attachments: 1. Petition and letter (10 pages)

2. Summary of discussions (1 page)

1. Purpose

A petition (attachment 1) containing twenty eight (28) signatures was received by Council at its meeting of 13 May 2014. (The petition requested the investigation of stormwater and footpath issues in particular along the western side of Old Coach Road between Gulf Parade and Oleander Avenue, Maslin Beach. Council resolved that the matter be investigated and a further report be presented by August 2014. (Link to Council in the Community Meeting 13 May 2014)

2. Recommendations

1. That Council note the contents of this report.

2. That Council note the Major Project Fund project for Old Coach Road between

Gulf Parade and Oleander Crescent, Maslin Beach design review is underway and that interim works to divert stormwater run off from 100 Old Coach Road

to a nearby side entry pit have been completed and is operating effectively.

3. That the head petitioner be advised of Council’s consideration of the issues, the timing of the steps for Major Project Fund project for Old Coach Road

between Gulf Parade and Oleander Crescent, Maslin Beach.

3. Background

In response to previous requests to upgrade the western side of Old Coach Road between Gulf Parade and Oleander Avenue, Maslin Beach, a project has been created and allocated funding within the Major Project Fund from 2014-15 to 2016-17. Council has recently received further requests to address stormwater issues and install footpaths along Old Coach Road, Maslin Beach particularly in the vicinity of 100 Old Coach Road.

Officers have attended 100 Old Coach Road at the request of the head petitioner on a number of occasions to discuss a number of issues.

In response to the petition and further correspondence from the head petitioner, staff have met onsite to discuss the issues, arrange an interim solution to stormwater concerns and provide an explanation of Council’s plans for the upgrade of Old Coach Road. Refer to attachment 2 for a summary of communications.

http://www.onkaparingacity.com/events/2014/05/13/council_in_the_community_meeting_13_may_2014_willunga_golf_course.jsp?display_expired=t




Interim treatment of the verge area to date has cost approximately $5,000

and was funded via operational maintenance. We are investigating the merit of interim line marking and delineation of the edge of the road ahead of the 2015-17 Major Project Fund project. These further interim works are estimated at between $5,000 and $10,000.

A high level concept design was prepared in 2009 to inform future budgets.

Council has allocated $6.3million through the Major Projects Fund toward the upgrade of Old Coach Road, Maslin Beach (between Gulf Parade and Oleander Avenue) as follows:

o $70,000 has been allocated for design works 2014-15

o $3,050,000 allocated in 2015-16 for reconstruction

o $3,180,000 allocated in 2016-17 for reconstruction.

A final commitment to expend all of this funding is subject to further design investigations, seeking a best value for money solution, community engagement and Council’s endorsement of the budget.

5. Service Alignment Results

Infrastructure alignment with current service levels and Australian Standards will be considered as part of the concept design planning phase to commence this financial year and infrastructure improvements will be included as part of the Major Project fund with construction planned to commence 2015-16.


Risk

Identify Mitigation

Flooding issues along Old Coach Road and into private property

Our Maintenance Team installed a roadside swale on 10 April 2014 to catch stormwater from the road and divert it to a side entry pit to the south of 100 Old Coach Road. The head petitioner confirmed at an onsite meeting on the 23 June 2014 that this treatment was working.

It is acknowledged that this is a temporary measure until a permanent solution is provided.

Pedestrian access along Old Coach Road, Maslin Beach not to standard

Our short term solution is for our maintenance team to attend to ensure unrestricted access is available for pedestrians where possible. Presently the temporary works provide a walkable footpath although not to Disability Discrimination Act 1992 (DDA) standard.

The long term solution is to construct purpose built footpaths as part of the Old Coach Road upgrade works.



Lack of footpaths throughout Maslin Beach

Footpaths required to complete the network according to current service levels have been identified across the City. New footpaths are prioritised on a city wide basis according to Resource Allocation Strategy for Footpaths rather than on a suburb by suburb basis.

Recent projects in Maslin Beach include: Beach Way Avenue 2012-13, Maslin Crescent and Seaview Street 2009-10, sections of Gulf Parade 2007-08, Broad Beach Avenue and Vernon Crescent 2006-07 (total value approximately $209,000), which have improved the network.

Socio-Political

Perception that the Commercial Road Footpath replacement project is funded at the expense of local footpaths required in Maslin Beach

On 26 September 2005, following works by the Department of Planning, Transport and Infrastructure (DPTI - previously Transport SA) to relocate stobie poles from the east side of Commercial Road to the west side (creating access issues for pedestrians) as part of their Commercial Road upgrade works, a petition was received requesting:

“Council remove stobie poles from the middle of the footpath on the western side of Commercial Road south from Norwood Hill to Cliff Street with wires to be put underground.”

Council considered the petition at its meeting held 18 April 2006 and resolved:

1. That a staged project to reconstruct the Commercial Road footpath be entered into the Project and Capital Works Plan (PCWP) for funding consideration in the 2007-08 budget process, with staging priority given to the Port Noarlunga South footpath.

As a result a project was included in the PCWP to stage reconstruction of the footpath on the west side of Commercial Road from Penzance Street, Port Noarlunga South to Nashwauk Crescent, Moana.

Health and Safety

Edge of road and entrances to driveways are poorly defined

We are currently investigating line marking and delineation options to better define the road edge for vehicles ahead of the upgrade project. Subject to a solution meeting the appropriate standards and costing this work will be funded from the Traffic Urgent & General business unit.

During the preliminary design process for the road upgrade project (2014-15) the delineation of the road, street lighting and alignment of the footpaths will also be considered.



The verge area alongside Old Coach Road is unsightly

Requests for landscaping are assessed on their merits and if site conditions permit, street tree(s) of an appropriate species may be planted and established by council. More extensive landscaping treatments will not generally be considered.

We have planted a tree in front of 100 Old Coach Road, however it is not known if this tree will remain or will need to be replaced as part of landscaping works undertaken during the upgrade project 2015-17.

Further landscaping will be considered as part of the road upgrade project.

Maslin Beach approach signage detracts from area

We will maintain the vegetation in front of the Welcome to Maslin Beach signage to ensure it is not obscured.

Opportunity


Improvement of the appearance of Old Coach Road, Maslin Beach

The provision of footpaths, roadway and landscaping will provide a functional, safer and more attractive environment for this location.

Construct a value for money solution

During the design review for Old Coach Road between Gulf Parade and Oleander Avenue, Maslin Beach there will be opportunities to assess a suitable layout of the road to ensure a value for money solution that meets the needs of the community. This will include addressing the need for and practicality of providing a service road (western side) the continuous length of this section of Old Coach Road.

A review of the cost benefit of the various design elements will be undertaken as a part of the evaluation of the project solutions.

Community Engagement

By engaging with the community (likely to commence late in 2014), we can ensure that all relevant design considerations are included in the project brief. This will then inform the 2014-15 design project ensuring that wherever possible the solution offered addresses the concerns of the residents of Old Coach Road, Maslin Beach.

Improve public safety The interim design project underway, to better delineate the edge of the roadway, will provide a safer environment for the travelling public and the



residents along Old Coach Road, Maslin Beach until the major project is constructed.

The design of the major project will need to ensure that the street lighting meets current standards, the roadway is clearly delineated and the footpath is DDA compliant.

Improve drainage along road

Whilst the current road shoulder functions well as a barrier for stopping water from entering properties the final design will present the opportunity to tidy up the verge area and provide a more effective drainage solution at this location.


Next steps for the Old Coach Road, Maslin Beach (Oleander Avenue to Gulf Parade) project are outlined below:

Complete the design and costing for an interim line marking solution to better delineate the road and implement subject to costings

Produce concept design options for engagement with the local community by the end of 2014

Analyse various design elements for cost effectiveness

Engage with residents when the concept designs have been completed

Complete design to “for construction” standard in 2015

Commence on ground works in 2015-16 subject to budget approval

The need to stage the project over two financial years will be confirmed by the final design solution and budget approval.

This will result in a road that has been constructed to an appropriate service level, that demonstrates good value for money and meets the needs of the residents and travelling public.

The effectiveness of interim treatments will be monitored to ensure they remain effective in managing stormwater runoff.



Attachment 1





















Attachment 2



9.6 Structure of the Metropolitan Seaside Councils’ Committee H2

This is a new proposal, concept or issue.


Report Author: Salvador Jurado, Asset Planner Coastal


Attachments: 1. Metropolitan Seaside Councils’ Committee (MSCC) – draft

Terms of Reference (9 pages)

2. Resolutions of the Metropolitan Seaside Councils’ Committee General Meeting, 27 February 2014 (2 pages)

3. 2014 Covering letter from Kelledy Jones Lawyers (3 pages)

4. Metropolitan Seaside Councils’ Committee (MSCC) – draft Memorandum of Understanding (7 pages)

1. Purpose

The purpose of this report is to inform Council, being a constituent council of the Metropolitan Seaside Councils’ Committee Incorporated (MSCC), of the proposal to change the structure from an incorporated association to an unincorporated group, present the reasons why this has been proposed and seek Council’s support in progressing the proposal.

2. Recommendations

1. That Council note the contents of this report.

2. That Council supports the proposal to change the structure of the

Metropolitan Seaside Councils’ Committee from an incorporated association to an unincorporated group.

3. That Council endorses the draft Memorandum of Understanding and Terms of Reference and authorises the Chief Executive Officer to take all necessary

steps to execute the Memorandum of Understanding on behalf of the

Council, including undertaking all the necessary negotiations to determine the order in which host councils are to be appointed under the Memorandum

of Understanding

4. In line with the proposals outlined in this report, Council authorises the

Chief Executive Officer to:

a. invoice the Metropolitan Seaside Councils’ Committee for an amount $2,815. This amount represents an administration fee that, together

with the same amount for all constituent councils, will collectively amount to 100 per cent of the final funds of the Metropolitan Seaside

Councils’ Committee, less any costs associated with the winding up of the association

b. make a financial contribution of $2,815 (noting this amount is

equivalent to the administrative fee detailed above) to the host council for the unincorporated Metropolitan Seaside Councils’ Committee as a

form of start-up funding.



3. Background

The Metropolitan Seaside Councils Committee (MSCC) is a body of local government representatives pre-dating the Coast Protection Act of 1972 which established the Coast Protection Board.

The MSCC has provided a forum for councils to develop a common response to shared concerns. The MSCC facilitate collaboration to source funding to address priority concerns and raise the profile of our coastal environments. Refer to the Terms of Reference (TOR) (attachment 1) for additional background information.

The membership of the MSCC includes representatives of coastal councils between St Kilda and Sellicks Beach. Member councils each are represented by an elected member of the council and one council officer, or for a non-council organisation such as Surf Life Saving SA, two staff.

The committee meets quarterly, keeps minutes and rotates the task of managing and administering the meetings between councils every four years.

In 2013 the MSCC engaged Kelledy Jones Lawyers (Kelledy Jones) to undertake a review of its constitution and governance processes to identify areas of improvement and to ensure compliance with its obligations under the Associations Incorporation Act 1985 (the Act).

The MSCC identified necessary amendments to be made to the constitution which resulted in significant changes to the structure of MSCC. It was determined that the changes required to ensure legislative compliance in relation to organisational and financial matters would be onerous and restrictive for the MSCC given its purpose and available resources.

MSCC is essentially an advisory organisation that does not have significant financial issues to deal with. It was decided on 24 February 2014 by way of resolution (attachment 2) that the benefits of following an unincorporated model far outweigh the benefits of the MSCC remaining incorporated.

As recommended by Kelledy Jones, the most effective means for the MSCC to achieve its aims and objectives would be to wind up and deregister the MSCC incorporated association and to form an unincorporated group, with the same objectives and purposes (attachment 3).

The MSCC also investigated the most effective manner in which to progress the proposal and is consistent with the advice it has received from Kelledy Jones.

The MSCC proposes that:

• Necessary steps be taken to wind up the MSCC pursuant to the Associations Incorporation Act 1985

• Prior to winding up, the constituent councils execute a Memorandum of Understanding (MOU) (attachment 4) that outlines each council’s commitment to progressing the aims/objectives

• The MSCC may be wound up by way of resolution, supported by two thirds of the members at a special meeting called for these purposes

• Endorsing terms of reference that will govern the operation of the unincorporated group.



The MSCC with assistance from Kelledy Jones have drafted a MOU and TOR based on the current constitution governing the incorporated association to effect the changes noted above.


To enable the MSCC to progress voluntary wind up, which is consistent with Kelledy Jones advice, the MSCC will need to deal with the existing funds which total approximately $22,521. This amount has accrued as a result of previous fundraising activities undertaken since its establishment. The funds generally are used to cater meetings, undertake an annual bus tour and legal advice to prepare this proposal.

In order to wind up without the need to engage a liquidator to undertake the process (and thereby avoid liquidation fees), the MSCC must have surplus assets of $5,000 or less.

Therefore it is proposed that:

• Before the wind up process commences, each constituent council will invoice the MSCC for an administration fee that collectively amounts to 100%.

• Constituent councils then pay a financial contribution, equivalent to the administration fee into the bank account operated by the host council as a form of ‘start up’ funding for the unincorporated MSCC.

This will ensure the funds continue to be available for use by the MSCC outlined in the draft MOU and TOR.

As a part of the wind up process the City of Marion (the current host council, whose term expires with the November 2014 Council elections) will incur additional costs in preparing a financial report for the declaration of solvency. The City of Marion will be reimbursed once funds are returned for the unincorporated MSCC.

The only cost to the City of Onkaparinga in the wind up process is the processing of invoices and payment. Should additional funds be required for the MSCC’s operation in the future, a report from the MSCC will be presented to each member council outlining options for raising funds. Options may include once off or annual contributions.

Host council

As stated in the MOU it is a condition that each member council is willing and able to be a host council for the MSCC. In its current form the City of Onkaparinga has not hosted the MSCC and may therefore need to consider doing so in the future.

The order for which member councils host the MSCC will be negotiated as part finalising the execution MOU after the November 2014 local government elections. The term for each council hosting the MSCC will four years.

Additional financial implications will be incurred by the host council. Estimates included in the table:



In kind support of host council Estimated cost

Administration support to the MSCC $2,000

Managing MSCC finances $1,920

Hosting MSCC meetings $0

Total (4 year term) $3,920


MSCC

Risk

Identify Mitigation

The MSCC continuing in its current form as an incorporated body under the Act

MSCC and legal advice from Kelledy Jones considers that an unincorporated body is the preferred model for the MSCC for the future.

Changes to the current constitution needs to be made in accordance with the Act

An amendment to the MOU and TOR is much easier to achieve if required. Amendments require approval through member councils.

Whilst incorporated, significant penalties may apply for certain breaches of the Act and is required to commit resources to monitor and ensure compliance of the Act

As an unincorporated body, the MSCC would not be subject to the stringent compliance requirements associated with an incorporated association and could solely focus on its aims and objectives.

City of Onkaparinga

Risk

Identify Mitigation

The MSCC continuing in its current form as an incorporated association under the Act

Amendments to the MOU and TOR are made in the committee and support obtained through the member councils.



An incorporated association is a separate entity and members are not acting in their role as a member or officer of council when carrying out MSCC duties

As unincorporated group our staff and elected members can continue their duties with the MSCC and in their role as a member or officer of council.

General protection provided by the Local Government Act 1999 would not apply to the members of the MSCC whilst incorporated and necessary for members of the MSCC to have a separate policy of insurance which is an additional requirement and expense.

As an unincorporated group, protections afforded to staff and elected members will apply to members of the MSCC under the Local Government Act 1999.

MSCC and City of Onkaparinga

Opportunity


The MSCC as an unincorporated organisation

Member councils are integral in the MSCC decision making and reporting process. The MSCC can develop a common response to coastal management issues across the metropolitan area. The MSCC can prepare funding applications on behalf of or in conjunction with member councils. Priority concerns can be addressed across council boundaries and raise the profile of the coastal environment. Preparation of submissions on behalf of member councils on coastal issues during public consultation on government initiatives. Promote cooperation between member councils, advisory organisations and stakeholders. Coordinate actions on regional issues regarding coastal issues in conjunction with the member councils.

Next steps

Subject to Council endorsement the City of Onkaparinga will participate with the wind up of the incorporated association and receive and return funding as outlined in the this report.



Attachment 1



















Attachment 2





Attachment 3







Attachment 4















9.7 2015 Santos Tour Down Under Stage 5 associated events concept H2


Director: Philomena Taylor, Director Community Relations

Report Author: Abbey Threadgold, Manager Marketing, Arts, Tourism and

Engagement

Contact Number: (08) 8384 0504

Attachments: 1. Proposed income and expenditure breakdown (2 pages)

2. Proposed media and marketing plan (4 pages)

1. Purpose

This report presents an overview of our 2015 Santos Tour Down Under (STDU) Stage 5 associated events concept, including a pre-race event, Love Velo seaside (LVS) and race day community events.

2. Recommendation

That Council approve our 2015 Stage 5 associated events concept including the

pre-race event, Love Velo seaside.

3. Background

Council accepted the offer from Events SA (ESA) to host Stage 5 of the 2015 STDU, McLaren Vale to Willunga Hill at its meeting held 3 June 2014.

Proposed event approach

After consideration of our 2014 event outcomes (Link to Council Agenda 3 June 2014), stage 1 key findings of our events review and LVS ticket interest (waiting list of 1000 people), we propose the following for 2015:

Love Velo seaside - longest dinner on the beach

Friday 23 January Port Willunga beach

400 tickets (excluding sponsor allocations)

Three course regional dinner with silver service and a licensed beach bar

with local wine and beer for sale Live music, entertainment and light projections over the cliffs

Silent auction Race day

Saturday 24 January McLaren Vale, Aldinga Beach and Willunga

Support (cash and in-kind) McLaren Vale, Willunga and Aldinga Bay business associations to dress the townships for the best dressed town competition and to deliver free community events on race day

http://www.onkaparingacity.com/onka/council/meetings_agendas/council_meetings.jsp

http://www.onkaparingacity.com/onka/council/meetings_agendas/council_meetings.jsp



Free family friendly community events to feature live music, local food/drink stalls and children’s activities/games

Trackside hospitality venue Willunga Elected members to host the event (network) and to invite three guests to

attend Guest list to be developed with input from elected members

Guest list to include sponsors, key business representatives, MPs, business

association chairpersons (or proxy) and key community representatives Cocktail event with regional menu and McLaren Vale wine

Giant TV screen positioned opposite the hospitality venue to provide guests and spectators with live race coverage


A PCW budget of $153,000 to deliver Stage 5 and our associated events has been allocated to the 2014-15 Tourism sub category of the Economic and Employment category. This includes the host council fee of $55,000 to be paid to ESA.

Our proposed income and expenditure breakdown is provided in attachment 1.

In delivering these events there are indirect costs to areas of the organisation including Field Operations, Permits, Community Safety etc. As part of the next stage of the events review, we will investigate the full indirect costs associated with delivering and supporting events.

The indirect costs will be presented along with the outcomes and recommendations of the review to Council by March 2015.

5. Service Alignment Results

Our organisation wide events audit and review has not been completed in time to inform the 2015 STDU.


Risks and opportunities associated with hosting a stage of the 2015 STDU were presented to Council with the confidential offer from ESA (link to confidential register)

The below risks and opportunities have been identified in consideration of our proposed 2015 Stage 5 associated events concept.

http://www.onkaparingacity.com/onka/council/meetings_agendas/released_confidential_items/confidential_reports_register_2014.jsp

http://www.onkaparingacity.com/onka/council/meetings_agendas/released_confidential_items/confidential_reports_register_2014.jsp



Risk

Identify Mitigation

Lack of/reduced sponsorship procurement

LVS as our pre-race event provides unique opportunities and benefits for sponsors

A survey of previous and potential sponsors indicates strong interest in sponsoring our events if LVS is included

We have received strong preliminary interest in sponsorship for these proposed events through our recent business registration of interest

We have developed a sponsorship strategy and will commence sponsorship procurement once the race route is announced

Lack of ticket sales for LVS

Significant feedback and enquiries were received following LVS 2014. To indicate the interest and potential of the event, after tickets sold out, we created a waiting list for a possible future event. We anticipate enquiries and waiting list numbers to increase when the race route is announced in July

We are exploring the opportunity to promote and package the LVS experience with travel agents and ESA to direct market and attract our key target audience, interstate and international visitors. 100 tickets will be reserved for this initiative

300 tickets will be offered to those on the current waiting list (1000 people)

Any remaining unsold tickets will be offered to the public for purchase

Impact on resources

A cross department working group will be created for better planning and delivery of the events and a staff roster and our risk management plan will ensure OHS&W requirements are met

Reduced public access to Port Willunga beach during LVS (including set up and pack up)

Part of Port Willunga beach will be closed to ensure the safety of beach goers and the safe and efficient set up and pack up of the event

We will engage with key stakeholder groups including Friends of Port Willunga to undertake and effectively communicate the closure

The closed section of beach will be gazetted and advance warning signs installed to advise beach goers and local residents. Public access will still be available at the southern and northern parts of the



beach

Local business associations do not participate (dress the townships and deliver community events on race day)

We will again offer the associations the opportunity to participate and receive cash ($5500 each) and in-kind support to dress their township and deliver a free community event on race day

Should an association not wish to take up the offer, we will approach local clubs (Rotary, Lions etc) and present the opportunity



Opportunity


Tourism, economic and marketing benefits

LVS provides a unique visitor experience and attracts overnight stays in our city (both TDU and January long weekend visitors)

A key focus of our marketing and promotion plan will be accommodation and regional experiences (linking and increasing traffic to our visitor centre, take up of our visitor guide and collaboration with Fleurieu Peninsula Tourism (FPT)). To reach one of our key target markets, we will implement a radio and print advertising campaign in the eastern states (Melbourne and Sydney), as these are key visitor origins identified through South Australian Tourism Commission focus groups and TDU evaluation

Bus transfers from McLaren Vale and Willunga to LVS to encourage guests to stay overnight and to encourage visitors staying in the townships to attend LVS

Work with local wineries and a brewery as part of our LVS beach bar

Work with the Willunga Farmers Market and caterers to source local produce for LVS and our race day hospitality venue

A media and marketing plan to leverage opportunities (attachment 2)

Develop an iconic and unique event on the SA calendar (key objective of our flagship events)

LVS is SAs only longest dinner, offering an uncontested event experience

Our inaugural LVS received significant local, national and overseas media

Strong industry, state government, business and community support for LVS

Showcase our regional strengths

Our TDU associated events are designed and delivered to showcase our regional strengths in wine, produce, art, lifestyle and geographic makeup

LVS and our race day hospitality venue provide the opportunity to showcase McLaren Vale wines and Fleurieu produce suppliers

Continue to build and maintain relationships with key bodies through our brand and reputation in attracting and delivering flagship events

Delivering a unique pre-race event such as LVS and free community events on race day enhances the Tour visitor and spectator experience and supports our relationship and reputation with ESA and FPT

ESA along with the Minister for Tourism have expressed their desire for LVS to be held again and in association with the Tour. ESA will support



the promotion of our events and will likely attend LVS with key Tour media including national journalists (as per 2014)


The BUPA Challenge (Stage 4 of the STDU) will be held on Thursday 22 January, Glenelg to Mount Barker. The challenge offers riders three minor starts, which will include for the first time, Willunga as the second minor start. Our city will also host two refreshment points, Old Noarlunga Sports and Social Grounds and the Victory Hotel (Sellicks). Event organisers on behalf of ESA will work directly with the lessee/land owners.

To leverage this additional opportunity for our city, we will engage with the Willunga Business and Tourism Association, visitor information centre and local accommodation providers to promote overnight stays ahead of the challenge and servicing riders and spectators on the day.















9.8 Elected Member Code of Conduct - Ombudsman's investigation findings H2



Report Author: Andrea Sargent, Manager Risk and Compliance


Attachments: 1. Ombudsman’s final report – redacted version (8 pages)

1. Purpose

This report provides a redacted version of the Ombudsman’s final report and recommendations (attachment 1) in relation to a Code of Conduct matter regarding Cr Martin Bray pursuant to the requirements of section 63 (1) of the Local Government Act 1999 (the Act) and the Code of Conduct for Council Members (the mandatory Code) as published by the Minister for Planning. The City of Onkaparinga Code of Conduct for Elected Members 2013 Part 3 – 3.1 Conduct Obligations references these obligations.

Part 3 of the mandatory Code requires that Council must pass resolutions that give effect to any recommendations received from the Ombudsman within two ordinary meetings of Council following the receipt of the final report and recommendations. The Ombudsman’s final report and recommendations were received on 30 June 2014.

2. Recommendations

1. That Council notes the Ombudsman’s final report – redacted version and

recommendations regarding the conduct of Cr Martin Bray.

2. That Council recognises and acknowledges that the Ombudsman has

determined that:

a. Cr Martin Bray breached clause 3.3 of the Code of Conduct for

Council Members which states a Council Member “Not release or divulge information that the Council has ordered be kept confidential, or that the Council member should reasonably know is information that is confidential, including information that is considered by Council in confidence”.

b. Cr Martin Bray arrange attendance at a Code of Conduct for

Council Members training session.

c. any future breach of the Code of Conduct for Council Members by

Cr Martin Bray will result in a formal sanction.

3. That Council resolves that Cr Martin Bray must liaise with the Manager Risk

and Compliance regarding his requirement to arrange and undertake appropriate training in relation to the Code of Conduct for Council Members

before 16 September 2014.

4. That Council determines if the cost of the Code of Conduct training should be borne by Cr Martin Bray.



3. Background

The agenda, discussion and minutes of item 15.1 ‘Legal proceedings’, of the Council meeting held on 1 April 2014 were provided, conducted and retained in confidence under section 90 and 91 of the Act.

On 3 April 2014, a journalist contacted council with information that appeared to indicate there had been a breach of the information provided in confidence at the Council meeting held on 1 April 2014.

In accordance with the legislative requirements under part 2.15 of the Code of Conduct for Council Members, the potential breach of part 3 of the Code was reported to the Ombudsman for investigation.

The attached Ombudsman’s final report details the Ombudsman’s investigation and recommendations.

To ensure consistency with Council’s confidential order made at its meeting on 1 April 2014 and in agreement with the Ombudsman, redactions have been made to the Ombudsman’s report where the confidential resolution and related references are mentioned. As further agreed with the Ombudsman, a complete copy of the final report is published as a confidential item on this same agenda. Once the matter for which the confidential order exists has been finalised, the final report will be published in full in the public arena to coincide with the release of the confidential resolution.


KelledyJones, a panel contract law firm dealing with local government matters, have quoted $500 for the delivery of one on one training session on the Code of Conduct for Council Members.


Risk

Identify Mitigation

Legislative breach by Council for not complying with the requirements of the Local Government Act 1999

The Code of Conduct which exists by virtue of the Local Government Act 1999 sets out the actions to be followed in relation to the receipt of a final investigation undertaken by the Ombudsman for Code of Conduct matters. Council must pass resolutions that give effect to any recommendations received from the Ombudsman within two ordinary meetings of Council following the receipt of the final report and recommendations.

Elected member does not comply with the Ombudsman’s recommendations.

The mandatory Code of Conduct for Council Members requires adherence with the Ombudsman’s recommendations. As foreshadowed in his report, the Ombudsman has stated that future breaches will result in formal sanctions.



Opportunity

Identify Maximising the opportunity Training to enhance understanding of the Code of Conduct for Council Members

Training provides opportunities for clarification and greater understanding of legislation and codes.



Attachment 1




















10. Nominations to external bodies 10.1 Nomination of independent member to SRWRA Audit Committee H2



Report Author: Mike Gostlow, Internal Auditor

Contact Number: (08) 8384 0132

Attachments: 1. SRWRA audit committee nomination request (1 page)

2. Curriculum Vitae Mr David Powell (1 page)

1. Purpose

This report seeks the nomination by Council of an independent person for appointment to the Audit Committee of the Southern Region Waste Resource Authority (SRWRA).

2. Recommendation

That Council nominates Mr David Powell for appointment to the Audit Committee

of the Southern Region Waste Resource Authority.

3. Background

Council is one of three member councils of SRWRA.

In accordance with the Local Government (Financial Management) Regulations 2011 and its Charter, SRWRA must have an Audit Committee (the Committee).

The SRWRA Committee’s Terms of Reference state that the Committee should have three independent members. It is the practice that each SRWRA member council nominates one person with appropriate qualifications for appointment to the Committee. Mr Allen Bolaffi, as an independent member of Council’s Audit, Risk, Value and Efficiency Committee (ARVEC), was Council’s most recent nominee and was nominated by Council when he was the Chairperson of ARVEC.

A vacancy has arisen on the Committee due to the recent passing of Mr Bolaffi and Council has been asked by SRWRA to nominate a suitable person for appointment as his replacement. The letter of request is provided as attachment 1 to this report.


There are no financial implications for Council.




Risk

Identify Mitigation

Failure to meet responsibilities as a member of SRWRA.

SRWRA is required under its Charter and by the Local Government Act 1999 to have an Audit Committee.

Following nomination by Council, the SRWRA Board will appoint the nominated person to their Audit Committee to ensure compliance with the Charter and legislation.


The current ARVEC Chairperson, Mr David Powell, has the appropriate qualifications and experience to meet the requirements for appointment to the SRWRA Committee. A copy of his curriculum vitae is provided as attachment 2 to this report.

Mr Powell has indicated that he is prepared to serve on the Committee should he be nominated by Council and subsequently appointed by the SRWRA Board.



Attachment 1



Attachment 2



10.2 Request for Council contact - School for Dogs Aldinga Bay Inc H2

This is a new proposal, concept or issue.


Report Author: Kathryn Brown, Coordinator Governance Team


Attachments: 1. Request from School for Dogs Aldinga Bay Inc. (1 page)

1. Purpose

The School for Dogs Aldinga Bay Inc has written to Council (attachment 1) requesting that Cr Gail Kilby become the Council contact for their organisation.

2. Recommendation

That Council approve the appointment of Cr Gail Kilby as the contact for the

School for Dogs Aldinga Bay Inc until the end of the Council term in November 2014.

3. Background

Elected Members have been appointed by Council as a nominee or contact to external organisations including community and business groups, school councils and management committees at their request since 2001. A ‘contact’ is generally considered as a liaison role between Council and the organisation.

All Council contact appointments will be scheduled for review after the local government elections in November 2014.


The ‘Allowance, Benefits and Support Operating Procedure’ allows for travel expenses under Section 77(1)(b) of the Local Government Act 1999 for elected members who are a Council appointed contact.


Risk

Identify Mitigation

Conflict of interest Procedures are in place to enable a declaration by elected members of an existing or potential conflict of interest if appropriate.



Cr Gail Kilby is in agreement to act as Council’s contact subject to Council approval.

Opportunity


Community leadership Foster and demonstrate leadership at all levels of community life.



Attachment 1






11. Questions on notice 11.1 Question on Notice (Cr S Brown) Council Basketball stadium

Background

In November 2012 it was reported to council management that this council facility, leased on a peppercorn lease and subsequently subleased was leaking. Photos of towels left on the playing courts were sent seeking management of council be made aware of the issues faced by our youth when playing on the courts during wet times, also recognising that council lent funds to resurface the floors. The water leaks would be detrimental to the floor surface, over time but primarily the risk of injury to players was paramount.

Additionally, recently photos were sent showing water leaking over electric cables onto the floor from the roof at the front entrance.

I understand the lease by council to the first party is on condition that this party maintains the facility and does certain upgrades.

The players pay significant fees each term to their club whom then pays a fee for the use of the facility. The lease to this local club I understand was conditional to the lease by council.

I have been made aware that the water leak at the front entrance is a serious one and it should not be accessed until the water running through the electric cables is fixed. It is some months and the leak has not been repaired and the front entrance is being used.

What can council do to ameliorate this high risk and seek the repairs with the urgency required?

I have been advised by a builder this is a structurally sound facility that should last many more years, however it would appear the maintenance has not been kept up to date and few upgrades have taken place in the past.

Have the conditions of the lease been broken?

If so what options does council have?

The girls change room has a block shower (no separation of showers - looks like an army barracks shower so girls will not use it). The building looks much the same as when my daughter played there in 1990’s. It is not lined, has no air conditioning unlike most other basketball stadiums in SA and not all the lighting works. The female toilet hand dryer has not worked for 2 yrs.

The facility is in high demand as teams often have to play at local schools as there are not enough courts. There are few places to play competative basketball in our region.

What can council do to ensure their icon asset is maintained and kept to a good functional standard for our youth and families to access?

The response has been prepared by Ben Hall Manager Property and Commercial (Acting), and endorsed by Steve Mathewson Director Finance and Commercial.



What can council do to ameliorate this high risk and seek the repairs with the urgency required?

Response:

We understand the chief concerns with the facility are associated with: o Long-standing issues with a leaking roof impacting on the floor and its

playability o Inadequacies of electrical systems – some of which are exposed to water

Have the conditions of the lease been broken?

If so what options does council have

Response:

Through the underlying ground lease (which is different from an ordinary community facility lease), Basketball South Australia (BSA) has obligations to (the following are extracted directly from the lease): o Maintain, repair, cleanse and keep the Premises in good substantial repair,

order and condition o promptly make good any defect or want of repair in any service to or fittings

in the Premises which the Lessee should reasonably be aware might cause any danger to the Premises or any person in the Premises

o sublease the facility to the Southern Tigers as the local basketball club.

Through our more recent communications over the last few days with representatives from BSA these concerns have been raised again. BSA has indicated that it has processes in place to secure funding to remedy these issues, but has suggested that there is no risk as issues are being adequately managed until such time as funding is secured. In response we have requested from BSA evidence of an electrical adequacy certificate/report (prepared by a suitably qualified professional) to determine if there is a risk with the existing electrical systems, with particular regard to water ingress over existing cables and also copies of its safe operating procedures to manage the leaking roof. On receipt, if it is confirmed that there is a risk, we will formally advise of the defect and therefore require BSA to remedy.

At the time of writing, having requested information from BSA, we are currently waiting to receive the requested information by the close of business this Friday 1 August 2014. Should we not receive the requested information we will have our own contractors inspect and audit the site and advise accordingly.

What can council do to ensure their icon asset is maintained and kept to a good functional standard for our youth and families to access?

Response:

We are currently in the process of developing and implementing more robust systems through which we can retain information regarding ours and our lessees obligations and ensuring that they are being adequately fulfilled going forwards. This will further assist in ensuring that assets are appropriately maintained.



11.2 Question on Notice (Cr S Brown) China trip and rates

It was suggested to councillors that the May visit to China and the subsequent trip in August this year would reduce reliance on rates income.

“It is now down to you all whether you will vote to progress our city or continue to have us rely on rates”

How will this August trip to China by the CEO other executive member and Mayor reduce reliance on rates?

Please advise how much council funding has been spent and to be allocated on china liaisons and trips since and including the November delegation visit, including the May and August trip, which includes total costs including all the documentation and profiling packages?

Is this actual costs?

Have administrative costs been included?

The following response has been provided by the Director, Finance and Commercial:

Response:

On 31 July 2014, we contacted Cr Sandra Brown to discuss the requirements of our response to these Questions on Notice.

As agreed during that conversation and consistent with the resolution of Council at its meeting on 1 July 2014, a further report will be presented to Council following the delegation to China in August 2014. This report will detail the outcomes and future opportunities and directions resulting from our relationship with the Changli Municipal Government, investors and product and intellectual property import/export. As noted as part of the 1 July report, we propose that the report include a breakdown of the actual November 2013, May 2014 and August 2014 costs in dealing with China. The report will also include a benefit summary detailing both the direct and indirect regional economic benefit in the areas of regional product, knowledge transfer, cultural exchange, wine and sustainability, education resulting from our dealings with China given the long term nature of these activities.






12. Motions 12.1 Notice of Motion (Cr P Schulze)

Cr Schulze has indicated his intention to move the following motion.

MOVED Cr Schulze.

That the Council of the City of Onkaparinga congratulate Stephanie Morton, OAM, on her fine performance representing Australia in track cycling at the 2014 Commonwealth Games, Glasgow, UK. In particular, we recognise her efforts in achieving a personal best time in the Women's 500 metre Time Trial to win a silver medal, and then winning the premier event, the Women's Sprint for a Commonwealth Gold Medal. We hope that Stephanie 's commitment to her training will inspire the next generation of local young athletes of all disciplines to strive for personal best.

13. Petitions Nil.

14. Urgent business Nil.






15. Confidential items Confidential Clause

If Council so determines item 15.1 – 15.2 may be considered in confidence under Section 90(2) of the Local Government Act 1999 on grounds contained in the Recommendations below.

Mark Dowd Chief Executive Officer






15.1 Chief Executive Officer Performance Management Committee confidential minutes

H2


Director: Alison Hancock, Director People, Governance and Regulatory

Services

Report Author: Jacki Done, Manager Culture and People


Attachments: Nil.

A meeting of the Chief Executive Officer Performance Management Committee was held on 22 July 2014.

There are no items that require a resolution of Council. The following confidential resolutions are for noting only.

5.1 Proposed draft Chief Executive Officer Contract of Employment

Recommendations

1. That:

a. under the provisions of section 90(2) of the Local Government Act 1999 an order be made that the public be excluded from attendance at the

meeting in order to consider this item in confidence.

b. the Council is satisfied that it is necessary that the public be excluded to

enable the Council to receive and consider the information/report at the

meeting on the following grounds:

Section 90(3)(a) information the disclosure of which would involve the

unreasonable disclosure of information concerning the personal affairs of any person (living or dead), in this instance being the employment of the

Chief Executive Officer.

The Council is satisfied that it is reasonably foreseeable that the public disclosure or discussion of information concerning the employment

performance of a person at the meeting would be inconsistent with accepted principles of professional human resource management.

c. on this basis, the principle that this meeting of the Council should be conducted in a place open to the public has been outweighed by the need

to keep the information and/or discussion confidential.

3. That the matter of the Proposed draft Chief Executive Officer Contract of Employment having been considered in confidence under sections 90(2) and

90(3)(a) of the Local Government Act 1999 an order be made under the provisions of sections 91(7) and (9) of the Local Government Act 1999 that the

Proposed draft Chief Executive Officer Contract of Employment report and the

minutes of the Council relating to discussion of the subject matter be kept confidential until 30 April, 2015.






15.2 Elected Member Code of Conduct - Ombudsman's letter and final report CONFIDENTIAL

1. That a. under the provisions of Section 90(2) of the Local Government Act

1999 an order be made that the public be excluded from attendance at

the meeting in order to consider in confidence this item.

b. the Council is satisfied that it is necessary that the public be excluded to enable the Council to receive the information at the meeting on the

following grounds:

Section 90(3)(g) matters that must be considered in confidence in order to ensure that the council does not breach any law, order or direction of a court or tribunal constituted by law, any duty of confidence, or other legal obligation or duty;

and

Section 90(3)(h) - legal advice

c. accordingly, on this basis the principle that meetings of the Council should be conducted in a place open to the public has been outweighed

by the need to keep the information or discussion confidential.

3. That the Elected Member Code of Conduct – Ombudsman’s letter and final report having been considered in confidence under sections 90(2) and

90(3)(g) and 90(3)(h) the Local Government Act 1999 an order be made under the provisions of sections 91(7)and (9) of the Local Government Act 1999 that the Elected Member Code of Conduct – Ombudsman’s letter and

final report and the minutes, report and attachment of the Council relating to discussion of the subject matter be kept confidential until conclusion of

legal proceedings (including appeal actions).

4. That, pursuant to section 91(9)(a) of the Local Government Act 1999,

Council delegates the duty to conduct an annual review of the confidentiality order to the Chief Executive Officer, or their sub-delegate.

5. That, pursuant to section 91(9)(c) of the Local Government Act 1999, Council delegates the power to revoke the confidentiality order to the Chief Executive Officer, or their sub-delegate.






16. Closure



Declarations of Interest

Council Meeting Date: Councillor:

Item No. (e.g. 3.1)

Declaration of Interest (where a member has an interest that does not lead to a conflict)

Declaration of Conflict of Interest (where a member has an interest that leads to a conflict)