NOTICE OF MEETING - City of Holdfast Bay · · 2016-03-03ANSWER – General Manager City Assets & Services 1. ... bank statements) ... 2016. A revised plan and accompanying letter

Council Agenda

NOTICE OF MEETING Notice is hereby given that an ordinary meeting of Council will be held in the Council Chamber – Glenelg Town Hall Moseley Square, Glenelg Tuesday 8 March 2016 at 7.00pm

Justin Lynch CHIEF EXECUTIVE OFFICER

1 City of Holdfast Bay Council Agenda 08/03/16

Ordinary Council Meeting Agenda 1. OPENING His Worship the Mayor will declare the meeting open at 7:00pm. 2. KAURNA ACKNOWLEDGEMENT We acknowledge Kaurna people as the traditional owners and custodians of this

land.

We respect their spiritual relationship with country that has developed over thousands of years, and the cultural heritage and beliefs that remain important to Kaurna People today.

3. PRAYER Heavenly Father, we pray for your presence and guidance at our Council Meeting. Grant us your wisdom and protect our integrity as we carry out the powers and

responsibilities entrusted to us on behalf of the community that we serve. 4. APOLOGIES 4.1 Apologies Received – Cr Karen Donaldson

4.2 Absent 5. ITEMS PRESENTED TO COUNCIL 6. DECLARATION OF INTEREST If a Council Member has an interest (within the terms of the Local Government Act

1999) in a matter before the Council they are asked to disclose the interest to the Council and provide full and accurate details of the relevant interest. Members are reminded to declare their interest before each item.

7. CONFIRMATION OF MINUTES Motion That the minutes of the Ordinary Meeting of Council held on 23 February 2016 be

taken as read and confirmed. Moved Councillor _______, Seconded Councillor ________ Carried 8. PUBLIC PRESENTATIONS

8.1 Petitions - Nil


8.2 Presentations - Nil 8.3 Deputations 8.3.1 Mr Tim Voss Mayor Patterson has approved a deputation from Mr Tim Voss

and his son, Bill and Curtis Dowdell to make a 5 minute deputation to Council on the proposed Pump Track.

9. QUESTIONS BY MEMBERS 9.1 Without Notice 9.2 On Notice

9.2.1 Questions on Notice – Toilets and Lighting at Da Costa Reserve – Councillor Wilson (Report No: 54/16)

10. MEMBER’S ACTIVITY REPORTS - Nil 11. MOTIONS ON NOTICE 11.1 Motion on Notice – Provision of Documentation from Community

Organisations Requesting Funds – Councillor Clancy (Report No: 59/16) 11.2 Motion on Notice – Shade Sails For John Miller Reserve, Wattle Park

Reserve and Glenelg Town Hall Playgrounds – Councillor Clancy (Report No: 60/16)

12. ADJOURNED MATTERS 12.1 Adjourned Report – Purchase of Section of Road and Footpath (Report

No: 57/16) 13. REPORTS OF MANAGEMENT COMMITTEES, SUBSIDIARIES AND THE

DEVELOPMENT ASSESSMENT PANEL

13.1 Minutes – Audit Committee – 17 February 2016 (Report No: 51/16) 13.2 Minutes – Jetty Road Mainstreet Management Committee – 3 February

2016 (Report No: 27/16) 14. REPORTS BY OFFICERS 14.1 Items in Brief (Report No: 49/16) 14.2 2015 Annual Report from Audit Committee (Report No: 50/16) 14.3 Appointment to Audit Committee (Report No: 52/16) 14.4 Informal Gatherings of Council Policy Adoption (Report No: 53/16) 14.5 Development Assessment Panel 2015 Annual Report (Report No: 55/16) 14.6 Offer to Purchase Portion of Laneway North of 46 Tod Street Glenelg

North (Report No: 56/16) 14.7 The Future of the Western Region Waste Management Authority (Report

No: 58/16) 14.8 Winter Wonderland – Request for Funding 2016 (Report No: 26/16)


15. RESOLUTIONS SUBJECT TO FORMAL MOTIONS Presented for the information of Members is a listing of resolutions subject to

formal resolutions, for Council and all Standing Committees, to adjourn or lay on the table items of Council business, for the current term of Council.

16. URGENT BUSINESS – Subject to the Leave of the Meeting 17. CLOSURE

JUSTIN LYNCH CHIEF EXECUTIVE OFFICER

1 City of Holdfast Bay Council Report No: 54/16

Item No: 9.2.1 Subject: QUESTIONS ON NOTICE – TOILETS AND LIGHTING AT DA COSTA

RESERVE – COUNCILLOR WILSON Date: 8 March 2016 QUESTION Councillor Wilson asked the following questions:

“1. Can administration please advise if the toilets for Da Costa reserve are scheduled for

installation in the 2016 calendar year or the 2016/17 financial year? 2. Can administration please advise if lights are going to be installed at the new

foreshore playground and if so, when is this likely to happen?” ANSWER – General Manager City Assets & Services 1. The installation of toilets at Da Costa Reserve has never been a priority on Council’s

previously adopted Toilet Strategy. However, following a request from Council the installation is included in the New Initiatives list in the 2016/17 Draft Budget for members’ consideration.

2. Yes, staff have undertaken light readings and have identified the need for a further 4

lights which will be retrofitted to the existing poles within the next 3 months. Unfortunately there is a lengthy time frame for the delivery of the appropriate fittings.


Item No: 11.1 Subject: MOTION ON NOTICE – PROVISION OF DOCUMENTATION FROM

COMMUNITY ORGANISATIONS REQUESTING FUNDS – COUNCILLOR CLANCY

Date: 8 March 2016 PROPOSED MOTION Councillor Clancy proposed the following motion:

“That if any community organisation requests funds from Council that it be on condition that the organisation provides appropriate documents to Council (such as audited accounts or bank statements) evidencing its assets and liabilities including cash and bank deposits.” BACKGROUND There have been incidences when councils, including Brighton Council were unaware of the financial difficulties of organisations until it was too late to assist them. There are organisations which are very late in providing their audited reports. This will provide council with part of their financial report. This information would certainly be of assistance to councillors and administration in determining their ability to repay loans and to proceed with any major projects.


Item No: 11.2 Subject: MOTION ON NOTICE – SHADE SAILS FOR JOHN MILLER RESERVE,

WATTLE PARK RESERVE AND GLENELG TOWN HALL PLAYGROUNDS – COUNCILLOR CLANCY

Date: 8 March 2016 PROPOSED MOTION Councillor Clancy proposed the following motion:

Shade sails for John Miller Reserve, Wattle Park Reserve and Glenelg Town Hall playgrounds be included in the 2016/2017 budget. BACKGROUND Community consultation in 2012 for the Community Plan Our Place resulted in residents having as their third priority shade sails for playgrounds. Users of the new playground I understand have told Council administration and me and no doubt other councillors that they love the new play area and want to know when the shade will be installed. Shade would make a difference to these playgrounds and increase the time children are able to play and assist in reduction of sun exposure. Shade sails are at Bindarra Reserve, Brighton, Angas Neill Reserve, Seacliff, Old Gum Tree, Glenelg North and Wigley Reserve Glenelg where there a significant shade cover.


Item No: 12.1 Subject: ADJOURNED REPORT – PURCHASE OF SECTION OF ROAD AND

FOOTPATH Date: 8 March 2016 Written By: General Manager, City Assets and Services General Manager: City Assets and Services, Mr S Hodge SUMMARY Council at its meeting held 11 August 2015, resolved to adjourn Report No: 242/15 to allow a revised plan to be developed following on from a deputation to Council on Tuesday 23 February 2016. A revised plan and accompanying letter are attached at Attachment 1. This adjourned report is presented for Council’s consideration along with the revised plan. In compliance with a Council request a valuation of the land has been received and is attached, refer Attachment 4. This report represents Report No: 185/15 for Council’s further consideration. Debate on this matter is resumed at the point where it was adjourned. The chamber was debating the motion: “1. That Report No: 242/15 is received and noted. 2. That Council does not agree to sell the land in question to the owners of the shopping

centre. Moved Councillor Donaldson, Seconded Councillor Yates “ And it is at this point that debate on this matter is resumed, following the adjournment. Members who have spoken in the debate prior to the adjournments are taken to have spoken to the motion. As this item has been adjourned twice the following councillors have spoken to the motion, this includes Councillors Smedley, Bouchee, Patton, Donaldson and Yates. Council needs to determine the outcome of the adjourned motion from the meeting of 11 August 2015, before considering the recommendation included in this report. RECOMMENDATION 1. That Report No: 57/16 is received and noted. 2. That Council agree to sell the land in question to the owners of the shopping centre.


3. That the section of land be valued by a qualified commercial valuer to guide the sale of the land:

a. That the purchaser shall bear all costs associated with the conveyancing and transfer of titles.

b. That Council will enact the road closure process pursuant to the Roads (Opening and Closing) Act 1991 (SA) in respect to the portion of roadway and footpath at Rutland Avenue Brighton as highlighted on the plan in Attachment 2 to this report.

COMMUNITY PLAN A Place with a Quality Lifestyle A Place that is Safe and Secure A Place that Provides Value for Money A Place that is Well Planned COUNCIL POLICY Asset Disposal Policy (2013). STATUTORY PROVISIONS Local Government Act 1999. Roads Opening and Closing Act. BACKGROUND Council considered Report No: 242/15 at its meeting of 11 August 2015 and was debating the following motion prior to the adjournment where it requested that plans be presented to Council: “1. That Report No: 242/15 is received and noted. 2. That Council does not agree to sell the land in question to the owners of the shopping

centre. Moved Councillor Donaldson, Seconded Councillor Yates” “That the motion be adjourned until such time as plans are brought back to Council.” Council considered Report No: 185/15 at its meeting held 9 June 2015, and resolved: “That this item be adjourned to enable the council to receive a deputation from the proposed purchaser.” Council at its meeting held on 28 July 2015, heard deputations from the proposed purchaser and a representative of the residents of Rutland Avenue.


REPORT Report Numbers 185/15 and 242/15 are attached for Members consideration.

Refer Attachment 2 & 3 Council has been approached by MRS Property Managers on behalf of the owners of the Brighton Foodland Shopping Centre to purchase the eastern most section of the Rutland Avenue roadway and footpath.

Refer Attachment 1 The owners of the shopping centre currently own numbers 1 and 2 Rutland Avenue and number 10 Edwards Street which is contiguous to this section of road and it is intended to demolish these three homes to enable the expansion of the shopping centre car park. Once this is undertaken if the section of roadway remains it will serve no purpose to the residents or the users of the shopping centre as it will remain as a dead end that doesn’t serve any purpose for access to residential properties. BUDGET There is no budget consideration within the current or future financial years with respect to the possible sale of this land. The cost of a valuation can be met from recurrent operational budgets.

Refer Attachment 4 If Council agree to the sale of the land then it could yield in the order of $200,000 in revenue. LIFE CYCLE COSTS If Council were to dispose of the land there would be no implication in regard to life cycle costs.


TRIM Reference: B3924

Item No: 13.1 Subject: MINUTES - AUDIT COMMITTEE – 17 FEBRUARY 2016 Date: 8 March 2016 Written By: General Manager Business Services General Manager: Business Services, Mr I Walker SUMMARY The minutes of the Audit Committee meeting for 17 February 2016 are presented to Council for information and endorsement. RECOMMENDATION 1. That the minutes of the Audit Committee held on 9 December 2015 be noted. 2. That the Audit Committee advises Council it has received and considered a Standing

Items Report addressing: • Monthly financial statements • Internal control • Risk management • Whistleblowing • Internal audit • Economy and efficiency audits 3. The Audit Committee advises Council that it noted the status of its recommendation

to Council from its meeting on 9 December 2015 (that it review quarterly budget updates prior to Council) and, in considering its meeting schedule for 2016, has set its next meeting for Wednesday 13 April 2016 in order to provide it an opportunity to review the draft 2016/17 budget and will set subsequent meetings dependent on Council’s further consideration of its recommendation.

4. That the Audit Committee advises Council that it has considered the mid-year review

of the 2015/16 budget as at 31 December 2015. 5. That the Audit Committee advises Council that it has received and considered the

Internal Audit Update Report of February 2016.


TRIM Reference: B3924

6. That the Audit Committee receives Report No 46/16 from the Chairman on the committee’s performance in 2015 and, subject to minor typographical changes, endorses the report contained in Attachment 1 for presentation to Council.

COMMUNITY PLAN A Place that Provides Value for Money COUNCIL POLICY Not applicable STATUTORY PROVISIONS Local Government Act 1999, Sections 41 and 126 BACKGROUND The Audit Committee is established under Section 41 of the Local Government Act 1999, and Section 126 of the Local Government Act 1999 defines the functions of the Audit Committee to include:

ü reviewing annual financial statements to ensure that they present fairly the state of affairs of the council; and

ü proposing, and providing information relevant to, a review of the council’s strategic management plans or annual business plan; and

ü proposing, and reviewing, the exercise of powers under section 130 A; and ü if the council has exempted a subsidiary from the requirement to have an audit

committee, the functions that would, apart from the exemption, have been performed by the subsidiary’s audit committee; and

ü liaising with the council’s auditor; and ü reviewing the adequacy of the accounting, internal control, reporting and other

financial management systems and practices of the council on a regular basis. The Audit Committee’s annual report to Council is included in this agenda at Item 14.2.

City of Holdfast Bay 1 Audit Committee Minutes 17/02/16

Minutes of the meeting of the Audit Committee of the City of Holdfast Bay held in the Mawson Room, Civic Centre, 24 Jetty Road, Brighton on Wednesday 17 February 2016 at 6:30pm. PRESENT Members Chairman – Councillor J Smedley Councillor R Snewin Ms V Brown by telephone until 7.40pm Mr S Spadevecchia Staff General Manager Business Services – Mr IS Walker Manager Finance – Mr J Newton Internal Auditor – Ms L Mirovitskaya Manager Finance & Administration Alwyndor Aged Care – Ms P Warburton 1. OPENING The Chairman declared the meeting open at 6.30pm. 2. APOLOGIES 2.1 Apologies Received – Mr J Wood 2.2 Absent - Nil 3. DECLARATION OF INTEREST Members were reminded to declare their interest before each item. 4. CONFIRMATION OF MINUTES Motion That the minutes of the Audit Committee held on 9 December 2015 be taken as read and

confirmed. Moved by Councillor Snewin, Seconded by Ms Brown Carried 5. QUESTIONS BY MEMBERS - Nil 6. MOTIONS ON NOTICE - Nil 7. ADJOURNED ITEMS Nil


8. REPORTS BY OFFICERS 8.1 Standing Items – February 2016 (Report No: 29/16) The Audit Committee is provided with a report on standing items at each scheduled

meeting. Motion That the Audit Committee advises Council it has received and considered a

Standing Items Report addressing: • Monthly financial statements • Internal control • Risk management • Whistleblowing • Internal audit • Economy and efficiency audits Moved Mr Spadavecchia, Seconded Ms Brown Carried Motion The Audit Committee advises Council that it noted the status of its

recommendation to Council from its meeting on 9 December 2015 (that it review quarterly budget updates prior to Council) and, in considering its meeting schedule for 2016, has set its next meeting for Wednesday 13 April 2016 in order to provide it an opportunity to review the draft 2016/17 budget and will set subsequent meetings dependent on Council’s further consideration of its recommendation.

Moved Mr Spadavecchia, Seconded Ms Brown Carried 8.2 Mid-Year Budget Review – as at 31 December 2015 (Report No: 30/16) The mid-year review of the 2015/16 budget was performed as at 31 December

2015. It was prepared in accordance with the requirements under the Local Government (Financial Management) Regulations 2011 and considered by Council at its meeting on 9 February 2016. It is presented for the Audit Committee to review and consider.

Motion That the Audit Committee advises Council that it has considered the mid-year

review of the 2015/16 budget as at 31 December 2015. Moved Mr Spadavecchia, Seconded Ms Brown Carried


8.3 Three Year Internal Audit Plan Update (Report No: 31/16) This report provides an update on the progress of the Three Year Internal Audit Plan

(2014-2017). Motion That the Audit Committee advises Council that it has received and considered the

Internal Audit Update Report of February 2016. Moved Councillor Snewin, Seconded Mr Spadavecchia Carried 9. REPORTS BY MEMBERS 9.1 Report on Audit Committee’s Performance – 2015 (Report No: 46/16) Motion That the Audit Committee receives Report No 46/16 from the Chairman on the

committee’s performance in 2015 and, subject to minor typographical changes, endorses the report contained in Attachment 1 for presentation to Council.

Moved Mr Spadavecchia, Seconded Ms Brown Carried 10. ACTION ITEMS The Action Items were tabled and discussed. 11. VERBAL REPORTS BY OFFICERS The General Manager Business Services gave an update on proposed new conflict of interest

provisions. 12. URGENT BUSINESS – SUBJECT TO THE LEAVE OF THE MEETING - Nil Councillor Snewin advised the Audit Committee that councillors had received audited

financial statements for the Glenelg Football Club and Glenelg Footballers Club for the year ended 31 October 2015 and raised a concern about the clubs’ financial position and Council’s loan exposure to the clubs.


13. DATE AND TIME OF NEXT MEETING The next meeting of the Audit Committee will be held at 6.00pm on Wednesday 13 April 2016

in the Mawson Room, Civic Centre, 24 Jetty Road, Brighton. 14. CLOSURE The Meeting closed at 7.54 pm. CONFIRMED Wednesday 13 April 2016


Item No: 13.2 Subject: MINUTES – JETTY ROAD MAINSTREET MANAGEMENT COMMITTEE –

3 FEBRUARY 2016 Date: 8 March 2016 Written By: Manager, Jetty Road Development General Manager: City Services, Ms T Aukett SUMMARY The Minutes of the Jetty Road Mainstreet Management Committee meeting held 3 February 2016 are attached and presented for Council’s information. RECOMMENDATION

That the minutes of the Jetty Road Mainstreet Management Committee held on 3 February 2016 be received and noted. COMMUNITY PLAN A Place for Every Generation A Place that Celebrates Culture A Place to do Business A Place that Welcomes Visitors A Place that Provides Value for Money COUNCIL POLICY Not Applicable. STATUTORY PROVISIONS Not Applicable.


BACKGROUND The Jetty Road Mainstreet Management Committee (JRMMC) has been established to undertake work to benefit the traders on Jetty Road Glenelg, using the separate rate raised for this purpose. Council has endorsed the Committee’s Terms of Reference and given the Committee delegated authority to manage the business of the Committee. BUDGET Not applicable LIFE CYCLE COSTS Not applicable

273 City of Holdfast Bay Minutes 3 February 2016

CITY OF HOLDFAST BAY

Minutes of the meeting of the Jetty Road Mainstreet Management Committee of the City of Holdfast Bay held in the Glenelg Library Meeting Room, Colley Terrace, Glenelg on Wednesday 3 February 2016 at 6.00 pm. PRESENT Elected Members Mayor S Patterson Councillor M Bouchee Councillor A Wilson Community Representatives Chairman – Mr M Faulkner, Enve Hair and Beauty Caruso Fruit and Veg, Mr R Caruso Telstra Store Glenelg, Ms E Leenearts Ikos Holdings Trust, Mr A Fotopoulos Don Maios Investments, Mr C Maios Bank SA, Ms T Buckerfield The Moseley Bar and Kitchen, Mr M Hooper Cibo Espresso, Mr T Beatrice Staff Manager, Jetty Road Development – Mrs L Johnson 1. OPENING The Chairman declared the meeting open at 6.05 pm. 2. APOLOGIES 2.1 For Absence - Nil 2.2 Leave of Absence - Nil 3. DECLARATION OF INTEREST Members were reminded to declare any interest before each item.

274 City of Holdfast Bay Minutes 3 February 2016 4. CONFIRMATION OF MINUTES Motion That the minutes of the Jetty Road Mainstreet Management Committee held on

Wednesday 2 December 2015 be taken as read and confirmed. Moved by Councillor M Bouchee, Seconded by Mr T Beatrice Carried 5. REPORTS/ITEMS OF BUSINESS 5.1 Budget Update (Refer Attachment 1) Motion That the budget update be received and noted Moved Mr C Maios, Seconded Ms E Leenaert Carried 5.2 Glenelg Pageant Debrief Report (Report No: 17/16) Councillor Wilson asked that the events team investigate how to ensure that

pageant entrants are representative of the Christmas spirit. Motion That the report be received and noted Moved Councillor A Wilson, Seconded Mr M Hooper Carried 5.3 In-Store Music Debrief Report (Report No: 18/16) Motion That the report be received and noted Moved M T Beatrice, Seconded Mr R Caruso Carried 5.4 Summer Sundayz (verbal update) Manager, Jetty Road Development advised that Summer Sundayz will run during

Fringe to replace OMG. The event will take place on Sunday 14, 21 and 28 February


and Sunday 6 and 13 March 2016, with live bands in Moseley Square each week from 4.00 pm – 7.00 pm. The Stamford Grand has indicated that they will submit an event application to run the Grand Village (same setup as TDU street party) as part of this event on Sunday 6 and Sunday 13 March.

5.5 Trader Public Meeting (verbal update) Manager, Jetty Road Development advised that invitations to the Traders’ Public

meeting were hand delivered week commencing 25 January 2016 and this was followed up by an invitation via Jetty Road eNewsletter. To date 35 RSVPs have been received. Manager, Jetty Road Development will send a reminder several days prior to the event.

5.6 Mainstreet SA Conference Attendees Manager, Jetty Road Development advised that the Mainstreet SA Conference will

take place on Thursday 7 and Friday 8 April 2016 at Victor Harbour. Manager, Jetty Road Development is presenting a paper on Winter Wonderland as part of this conference.

It is recommended that JRMMC send delegates to attend this conference. Motion That JRMMC send Manager, Jetty Road Development, Mr M Faulkner and Ms E

Leenaerts to the Mainstreet SA Conference. Moved Cllr M Bouchee, Seconded Mr M Hooper Carried 5.7 Trader Summer Soiree Manager, Jetty Road Development advised that the Traders’ Summer Soiree has

been booked for Friday 26 February 2016 at Partridge House. The event will follow previous formats. Invitations will be hand delivered on Friday 5 February 2016 with a follow up invite via newsletter.

6. URGENT BUSINESS – Subject to the leave of the meeting 6.1 Public Traders Meeting

Mayor Patterson presented a document outlining the new parking system that will be installed at Partridge and Cowper Street car parks, which highlights the opportunities available to traders.


Discussion took place on the amount of free parking currently proposed for the Cowper and Partridge Street Car parks. It was agreed that following the public traders meeting on 10 February, JRMMC look to write to Council formally requesting that the free parking be changed in line with traders views.

6.2 Decisions of Committee Councillor Bouchee advised that a trader had asked how decisions regarding Jetty

Road Mainstreet are made. The trader believes that previously any decisions required 75% of the Jetty Road traders to agree before it could be implemented.

Manager, Jetty Road Development advised that in 1994, the former City of

Glenelg established the Jetty Road Mainstreet Board (“the Board”) with the aim of supporting the Precinct to flourish and expand, to strengthen partnerships between businesses, the Council and local community. In 2007, the name was changed to the Jetty Road Mainstreet Management Committee (JRMMC).

Manager, Jetty Road Development will forward a copy of the JRMMC Terms of

Reference to Cllr Bouchee in order that she can respond to this question. 7. DATE AND TIME OF NEXT MEETING The next meeting of the Jetty Road Mainstreet Management Committee will be held on

Wednesday 2 March 2016 in the Glenelg Library Meeting Room, Colley Terrace, Glenelg. 13. CLOSURE The meeting closed at 7.30 pm. CONFIRMED CHAIRMAN


Item No: 14.1 Subject: ITEMS IN BRIEF Date: 8 March 2016 Written By: Personal Assistant General Manager: Business Services, Mr I Walker SUMMARY These items are presented for the information of Members. After noting the report any items of interest can be discussed and, if required, further motions proposed. RECOMMENDATION That the following items be noted and items of interest discussed: • Brighton Jetty Classic Sculptures Exhibition • 2016 National General Assembly of Local Government – Call for Motions COMMUNITY PLAN A Place that Provides Value for Money COUNCIL POLICY Not applicable STATUTORY PROVISIONS Not applicable REPORT

1. Brighton Jetty Classic Sculptures Exhibition The Adelaide Airport Brighton Jetty Classic Sculptures Exhibition was held from 29

January to 7 February 2016 and is a valued community arts event within the City of Holdfast Bay. This year saw a record number of 156 sculptures exhibited, including 40 installations on the popular Sculptures’ Walk which showcased art in a spectacular seascape along the Brighton Esplanade.


The City of Holdfast Bay has sponsored the event since it began 9 years ago and has shown ongoing commitment and support of the annual exhibition. The exhibition is cherished and appreciated by many and draws an audience of over 30,000 people to the event.

This year the Brighton Jetty Classic Sculptures Committee held a series of

educational sculptural walks for local school groups and supported numerous Aged Care, Disability and Community Service groups to visit the exhibition.

In 2016 Council allocated $20,000 for the purchase of a sculpture from the

Sculptures Exhibition. The sculptures are judged by a selection group comprising of Council representatives, a past event official and curator and art professionals. The members of the group are asked to give careful consideration in their selections, as the pieces selected must contribute to the vibrancy of public space, be engaging, innovative and of high quality. They are also advised that they need to consider risk management and public safety and suitability of the coastal environment when they make their recommendations.

Each member was encouraged to select 3 OUTDOOR artworks in order of

preference. Once all members of the group had made their selection, the results were then provided to the CEO to make the final decision.

Below are the sculptures that were purchased from this year’s event and will be

installed in conjunction with the Artscape Corridor Masterplan. A letter from the Adelaide Airports regarding the Brighton Jetty Classic Sculptures

is attached. Refer Attachment 1

Sculpture Name: My Big Red Heart Artist Name: Jayd Van Der Meer Installation location: Glenelg South Esplanade at the end of Roberts Street along Jimmy Melrose Park.

Sculpture Name: Wind of Change Artist Name: Tony Sedgman Installation location: Seacliff Esplanade


2. 2016 National General Assembly of Local Government – Call for Motions A letter has been received from the Australian Local Government Association

requesting Councils to submit motions to be considered at the 2016 National General Assembly of Local Government to be held in Canberra between 19 and 22 June 2016 with the theme of ‘Partners in an Innovative and Prosperous Australia’, reflecting on the roles and responsibilities of the public sector and the challenge of meeting our communities’ needs.

The letter and Call for Motions Discussion Paper are attached.

Refer Attachment 2


Item No: 14.2 Subject: 2015 ANNUAL REPORT FROM AUDIT COMMITTEE Date: 8 March 2016 Written By: General Manager Business Services General Manager: Business Services, Mr I Walker SUMMARY The Audit Committee presents its annual report to Council for calendar year 2015. RECOMMENDATION That Council receive and note the annual report for calendar year 2015 from the Audit Committee. COMMUNITY PLAN A Place that Provides Value for Money COUNCIL POLICY Audit Committee terms of reference. STATUTORY PROVISIONS Local Government Act, Sec 126. REPORT At its meeting on 17 February 2016 the Audit Committee endorsed presenting its 2015 annual report to Council. This is provided as Attachment 1.

Refer Attachment 1


BUDGET This report does not have any budget implications LIFE CYCLE COSTS This report does not have any full life cycle cost implications.

2015 ANNUAL REPORT FROM AUDIT COMMITTEE TO COUNCIL

Background Clause 5.1 of the Audit Committee’s terms of reference require that, following the adoption of the audited financial statements by Council, the Committee review its own performance and provide a report to Council including any recommended changes to its terms of reference. Work program The Audit Committee is required to meet at least once each quarter. In 2015 we met 6 times. The attendance record for each member is as follows:

Councillor John Smedley (Chair) 6 Councillor Bob Snewin 4 Ms Vicki Brown 5 Mr Sam Spadavecchia 5 Mr John Wood: 6

The term of Ms Brown expired on 20 February 2015 and Council re-appointed her for a further 2-year term. Mr Wood’s current term is due to expire on 23 March 2016. The workload of the Committee during 2015 comprised: 1. receiving and considering a ‘Standing Items’ report at each meeting that addresses: a. monthly financial statements b. internal control c. risk management d. whistleblowing e. internal audit f. economy and efficiency audits; 2. reviewing the 3-year internal audit work program; 3. receiving and considering a report from Council’s Internal Auditor, Ms Leila Mirovitskaya,

at each meeting on the internal audit program and activities, including a review of procurement practices, and providing practical assistance including draft templates for risk and internal audit “action item” reporting, ensuring focus on high risk items;

4. receiving and commenting on a report providing an update on WHS activity, specifically

Council’s progress in the implementation of the Local Government Association Workers Compensation Scheme (LGAWCS) ‘One System’ and WorkCover’s Performance Standards for self-insured employers;

5. considering Council’s draft annual business plan and budget for 2015/16, challenging assumptions and contributing comments back to Council. This year the committee met as an extraordinary meeting to consider and provide this feedback to Council, prior to its adoption of the Budget;

6. receiving a presentation on the functionality and capabilities of the new Controltrack

internal controls management software, by Internal Auditor. Analysis and discussion provided an opportunity to ensure that Council was applying adequate materiality tests, and maximising efficiencies by avoiding the monitoring of low value/unnecessary controls;

7. receiving a presentation on Council’s Information Security practices and procedures from

the Manager Information Services. Opportunity was taken to understand the range and magnitude of IT risks facing Local Government and Council in particular. It also afforded the chance to challenge established practice and the balance between risk and mitigation cost;

8. receiving and reviewing budget updates and copies of monthly financial reports. Among

recommendations made, a proposal was put forward that The Committee might better assist Council and fulfil its terms of reference by reviewing quarterly and half yearly updates in advance so that timely suggestions and recommendations might be provided to the benefit of elected members;

9. the 2014/15 annual financial statements including discussion with partners Sam Hilbink

and Geoff Edwards of BDO, Council’s Auditor in the absence of Administration; 10. challenging the relevance of Alwyndor’s performance being reported in terms of Local

Government key performance indicators (KPIs) and encouraging the incorporation of indicators more appropriate to the aged care sector;

11. reviewing the asset valuation process and considering a report on the asset lives and

depreciation of Council assets, particularly with respect to that of roads and kerbs, as afforded by our new asset management systems;

12. considering and assessing a report reviewing Council’s Risk Management Policy and

Framework; 13. reviewing Council’s Treasury Management Policy to ensure Council is achieving optimum

results in its borrowing and investment activities; and 14. a recommendation for the re-appointment of BDO as Council external auditor. Terms of reference The terms of reference were last reviewed and amended by Council in January 2013. They meet the requirements of the Local Government Act and continue to be relevant to its work program. There are no proposed changes to the terms of reference.


Item No: 14.3 Subject: APPOINTMENT TO AUDIT COMMITTEE Date: 8 March 2016 Written By: General Manager Business Services General Manager: Business Services, Mr I Walker SUMMARY The term of Mr John Wood on Council’s Audit Committee expires on 23 March 2016 and it is recommended that he be re-appointed for a further 3-year term. RECOMMENDATION That Council re-appoint Mr John Wood as an independent member of its Audit Committee for a term of 3 years from 24 March 2016 to 23 March 2019. COMMUNITY PLAN A Place that Provides Value for Money COUNCIL POLICY Audit Committee Terms of Reference. STATUTORY PROVISIONS Sec 126 Local Government Act 1999. REPORT The terms of reference for Council’s Audit Committee provides for a membership of 5 comprising not less than 2 elected members and not less than 2 independent members. At its meeting on 25 November 2014, Council appointed two elected members, Councillors Smedley and Snewin to the Audit Committee. Councillor Smedley was appointed presiding member by the committee.


There are three two independent members on the Audit Committee: • Mr John Wood (term expires on 23 March 2016) • Ms Vicki Brown (term expires on 20 February 2017) • Mr Sam Spadavecchia (term expires on 20 January 2018). Mr Wood was appointed to the Audit Committee in March 2013 for a 3-year term. He is a resident of Holdfast Bay, now retired, with a long background in finance including CPA qualifications. Mr Wood has worked in the Australian Public Service and in the tertiary education sector and has had experience as a member of various boards. Council’s elected members on the Audit Committee, Councillors Smedley and Snewin, have expressed their support to re-appoint Mr Wood for a further 3-year term. BUDGET This report does not have any budget implications. LIFE CYCLE COSTS This report does not have any full life-cycle cost implications.


Item No: 14.4 Subject: INFORMAL GATHERINGS OF COUNCIL POLICY ADOPTION Date: 8 March 2016 Written By: Governance Coordinator General Manager: Business Services, Mr I Walker SUMMARY The amendments to the Local Government Act made by the Local Government (Accountability and Governance) Amendment Act 2015 are expected to commence on 31 March 2016. The changes require Council to adopt a policy before holding any ‘informal gatherings’ and to disclose details of informal gatherings on Council’s website. An informal gathering of council policy has been prepared based on the Local Government Association of SA’s model policy and is presented to Council for endorsement. RECOMMENDATION That the Informal Gatherings Policy is adopted by Council contained in Attachment 1 to Report No: 53/16. COMMUNITY PLAN A Place that Provides Value for Money COUNCIL POLICY Not Applicable. STATUTORY PROVISIONS Local Government (Accountability and Governance) Amendment Act 2015 Local Government Act 1999


BACKGROUND Policies are important for the good governance of an organisation, and are particularly important in local government to assure the community that resources entrusted to Council and expectations of conduct are properly managed. Amendments to the Local Government Act 1999 made by the Local Government (Accountability and Governance) Amendment Act 2015 are expected to commence on 31 March 2016. The changes require Council to adopt a policy before holding any ‘informal gatherings’ and to disclose details of informal gatherings on Council’s website. REPORT The Council has a responsibility to conduct its business in accordance with the roles, responsibilities and principles outlined under Chapter 2 of the Local Government Act 1999 (the Act) and to develop policies to ensure the good governance of the area. An informal gathering of council policy has been prepared based on the Local Government Association of SA’s model policy and is presented to council for endorsement.

Refer Attachment 1 Under section 90(8b), a council policy must comply with any requirements set out in the regulations. At this time, no regulations have been made in relation to this section of the Act. Open and transparent council meetings underpin representative democracy and ensure public confidence in Council’s decision-making processes. Informal gatherings, where appropriate, provide a valuable opportunity to enhance the decision-making processes by providing opportunities for council members to become better informed on issues and seek further clarification, they are not decision making forums. To ensure that informal gatherings, briefing sessions, planning sessions and other discussions held by Council are open and transparent to the community the policy proposes that they: • are arranged by the Council either by the Chief Executive Officer or by the elected

council at a formal meeting; • are non- compulsory meetings of the Council, which all members of the Council are

encouraged to attend; • are chaired by the Chief Executive Officer or other members of staff to avoid the

perception that these gatherings are a formal meeting of Council; • are not used for the purpose of conducting the general business of the Council or to

stifle debate on issues that may subsequently be dealt with by the Council at a formal meeting;


• are used to discuss issues that involve strategy or policy or other matters of Council administration and to brief council members on issues relating to their decision-making function.

The schedule of informal gatherings will be placed on the council meeting page on Council’s website and will be advertised as being open to the public unless they would be considered in confidence under the provisions of Section 90(3) of the Local Government Act 1999. BUDGET Not applicable. LIFE CYCLE COSTS Not applicable.

INFORMAL GATHERINGS OF COUNCIL

Classification: Statutory Policy. Trim Container TRIM Container Number Trim Document Number: TRIM Document Number First Issued / Approved: Date of first issue/approval

Last Reviewed: Date of last review Resolution Number

Next Review: November 2018 Responsible Officer: Chief Executive Officer Date Placed on Web: Date placed on the Web

1

The electronic version on the Internet/Intranet is the controlled version of this document. Printed copies are considered uncontrolled. Before using a printed copy, verify that it is the controlled version.

1. PREAMBLE Under amendments made to the Local Government Act 1999 by the Local Government

(Accountability and Governance) Amendment Act 2015, council must adopt a policy on the holding of ‘informal gatherings or discussion’ under section 90(8) of the Local Government Act 1999.

Under section 90(8b), a council policy must comply with any requirements set out in the

regulations. At this time, no regulations have been made in relation to this section of the Act.

1.1 Background Open and transparent council meetings underpin representative democracy and

ensure public confidence in council’s decision-making processes. Informal gatherings, where appropriate, provide a valuable opportunity to enhance the decision-making processes by providing opportunities for council members to become better informed on issues and seek further clarification.

1.2 Purpose To ensure council members have sufficient opportunity to conduct planning

sessions, to receive informal briefings, educational sessions and convene other informal gatherings without prejudicing the requirements for openness and transparency as required by the Local Government Act 1999.

This policy is aimed at avoiding any perception that informal gatherings will be

used to build consensus for council agenda items. 1.3 Scope Informal gatherings, briefing sessions, planning sessions and other discussions

captured under this policy are those gatherings that are arranged by the council, either by the Chief Executive Officer or by the elected council. Section 90(8) of the Local Government Act 1999 provides a list of non-exclusive examples of informal gatherings, which are:


2

The electronic version on the Intranet is the controlled version of this document. Printed copies are considered uncontrolled. Before using a printed copy, verify that it is the controlled version.

• Planning sessions associated with the development of policies or strategies

• Briefing or training sessions • Workshops • Social gatherings to encourage informal communication between

members or between members and staff. 1.4 Definitions Informal Gathering are gatherings that are arranged by the council, either by the

Chief Executive Officer or by the elected council, as defined by Section 90(8) of the Local Government Act 1999.

Dsa 1.5 Strategic Reference A place that provides value for money. 2. PRINCIPLES The City of Holdfast Bay shall use Informal gatherings solely for the purpose of information

sharing and not for the purpose of debating issues, building consensus positions or otherwise discharging council’s deliberative and decision-making functions.

Council recognises that Informal gatherings are a non-compulsory meeting of the council. Council will encourage all Elected Members to attend as these sessions, particularly those

designed to provide history, context or additional information to assist council members to carry out their functions.

The Council and Chief Executive Officer will be responsible for ensuring informal gatherings

and discussions are conducted in accordance with the Local Government Act 1999. The council recognises that the informal gathering will be chaired by the Chief Executive

Officer or other Senior Members of Staff so as to avoid the perception that these gatherings are a formal meeting of council.

Informal gatherings will not be used for the purpose of conducting the general business of

the council or to stifle debate on issues that may subsequently be dealt with by the council at a formal meeting.

Informal gatherings may be used to discuss issues that involve strategy or policy or other

matters of council administration and to brief council members on issues relating to their decision-making function.

Where informal gatherings are scheduled to consider items that will form part of the

council’s meeting agenda, the gatherings will be advertised and open to the public, unless they would normally be considered in confidence.

Council will advise the schedule of informal gatherings and topics on the council website

and if an item will be considered in confidence.


3

The electronic version on the Intranet is the controlled version of this document. Printed copies are considered uncontrolled. Before using a printed copy, verify that it is the controlled version.

The council is aware of the need to balance openness and transparency with opportunities for private discussions between council members and council members and staff.

Informal gatherings will not involve a formal agenda or minute taking process. The outcome of informal gatherings will be tabled at the next meeting of council. 3. REFERENCES 3.1 Legislation • Section 90(8a) & (8b) of the Local Government Act 1999 3.2 Other References Nil


Item No: 14.5 Subject: DEVELOPMENT ASSESSMENT PANEL 2015 ANNUAL REPORT Date: 8 March 2016 Written By: Manager Development Services General Manager: City Assets & Services, Mr S Hodge SUMMARY Council’s Development Assessment Panel (‘the Panel’) is charged with the function of reporting to Council in respect of development trends, issues and other matters. This provides important feedback from the Panel to Council as part of its policy making role. A range of statistical data in relation to the Panel’s activities during 2015 is provided as part of this report for the information of Members. In addition, a report from the Presiding Member of the Panel is also provided, representing the Panel’s observations in relation to various development issues of note. RECOMMENDATION 1. That Council note the information provided as Attachment 1 to this report. 2. That Council receive the report from the Presiding Member of the Panel provided as

Attachment 2 for information. 3. That the advice from the Presiding Member of the Development Assessment Panel

addressing Development Plan policy and provided as Attachment 2, be referred to the Strategic Planning section for consideration for inclusion in future suitable Development Plan Amendments and/or the general review of the Holdfast Bay (City) Development Plan.

COMMUNITY PLAN A Place with a Quality Lifestyle A Place that is Well Planned COUNCIL POLICY Development Assessment Panel Terms of Reference


STATUTORY PROVISIONS Development Act, 1993 BACKGROUND Not Applicable. REPORT A range of statistics on the Panel’s activities during 2015 is provided in Attachment 1 to this report. Analysis of some of these statistics and other procedural matters are outlined below.

Refer Attachment 1 Panel Work Load During 2015, the Development Assessment Panel considered a total of eighty-nine (89) agenda items relating to Development Applications compared with seventy (70) in 2014. This is a substantial work load, and within the upper range of comparable councils. The Panel deferred 4% of applications during 2015, with 74% of all applications presented to the Panel granted consent and approximately 22% were refused. Appeals A number of ‘appeal’ items were presented to the Panel in 2015. This occurs when an applicant or a third party representor appeals the decision of the Panel to the Environment, Resources and Development (ERD) Court, which often results in amended or ‘compromise’ plans being presented back to the Panel for consideration. Of the ten (10) separate appeal items presented to the Panel, the Panel supported the revised proposal in seven (7) instances and did not support or refused the revised proposal on three (3) occasions. The number of appeal items presented to the Panel in 2015 was much higher than with respect to 2014 (3). This increase in the rate of appeals is an indication that applicants are becoming more litigious and are increasingly willing to take their grievances to Court. Public Interest Individual Panel meetings attract an average of thirty-five (35) attendees, with 2015 attracting a combined public attendance of four-hundred-and-twenty (420) persons. Several significant developments attracted large public galleries during 2015, including proposals by Hungry Jack’s for a restaurant at Brighton (63), Allity Aged Care Village at Somerton Park (76), Seacliff Sport & Community Centre (50), Caltex Service Station at North Brighton (42). Whilst the majority of attendees are present to observe proceedings relating to a development application of particular interest to them, the Panel also hears from residents and applicants directly affected by proposals. The Panel formally heard sixty-two (62) speakers during 2015, which is an indication of a continued desire for people to be involved and be heard in relation to


development occurring in their neighbourhoods. The Panel also provides an opportunity for persons without formal speaking rights to be heard at the discretion of the Presiding Member, which has proved to be an effective means of directly obtaining information from affected parties at the meetings without having to formally defer an item. Panel’s Key Observations The annual report from the Panel’s Presiding Member (with contributions and endorsement form all other Panel Members) is attached for Members’ information. The report canvasses a number of policy issues which the Panel has identified as being worthy of drawing to Council’s attention, in addition to a brief statement on essentially formal matters. The key policy issues identified by the Panel for 2015 are listed in Part B of the Presiding Member’s report provided as Attachment 2 to this report. In summary, the Panel identified housing diversity and dwelling design, stormwater retention, and interface issues between commercial and residential land as being some of the notable issues for 2015.

Refer Attachment 2 BUDGET There are no immediate budget implications resulting from this report or the recommendations. However, depending on whether some or all of the recommendations are enacted, there may be a need to revise current budget allocations to fund the projects LIFE CYCLE COSTS Members of the Panel are compensated for the time they give to preparation and meeting attendance. As previously endorsed by Council, the Presiding member is paid $400 per meeting attended and all other Members are paid $360 per meeting attended.

MonthTotal Per

MeetingDeferred Appealed

Granted

ConsentRefused Deferred

Decision in Accordance

with Officer

Recommendation

GRANTED REFUSEDNOT

SUPPORTEDREPS REFUSAL OTHER REPS APPLICANTS

JAN 4 1 3 1 5 1 2 2 1 1

FEB 7 1 2 6 1 8 1 1 3 4 2 1

MAR 13 1 10 3 4 4 3 6 4 5

APR 3 2 1 5 3

MAY 10 1 9 1 1 5 2 3 8 4

JUN 2 2 3 1 2

JUL 8 7 1 2 5 1 2 10 2

AUG 4 2 3 1 5 2 4 7 2

SEP 3 2 1 6 2 1 5

OCT 6 1 4 2 9 3 1 2 3 2

NOV 8 1 1 5 3 1 1 2 5

DEC 7 3 4 3 3 3 1 3 2

2014 TOTAL 65 2 3 46 16 3 50 (78%) 1 1 1 30 6 29 32 16

2015TOTAL 75 4 10 54 18 3 62 (82%) 7 1 2 34 15 26 43 19

MONTH JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

DURATION 1.36 1.45 5.15 0.19 3.25 0.42 4.18 4.07 1.27 1.06 1.09 1.37

G Goss P P P P P P P P P P P P

J Newman P P P P P P apology P P P P P

P Dinning x x x x P P apology P P P P P

D Bailey x x x x P P P P P P P P

I Winter P P P Pno longer

on DAP

no longer on

DAPno longer on DAP

no longer on

DAP

no longer on

DAP

no longer on

DAP

no longer

on DAP

no longer on

DAP

N Sim apology P apology Pno longer

on DAP

no longer on

DAPno longer on DAP

no longer on

DAP

no longer on

DAP

no longer on

DAP

no longer

on DAP

no longer on

DAP

R Clancy P P P P P P P P apology P P P

A Bradshaw P P P P P P P P P apology P P

L Yates x x x x x x x x x x x P

M Bouchee P P P P P P P P P P Pno longer on

DAP

BASED ON DELEGATIONS NO OF SPEAKERSDA'S CONSIDERED BY PANEL TOTAL NOS OF ITEMS NUMBER OF DASNUMBER OF DAS DECIDED BY PANEL THAT

WERE APPEALS - OUTCOME

2015 DEVELOPMENT ASSESSMENT PANEL ANNUAL REPORT

Annual Report to Council from the Development Assessment Panel

In order to comply with the requirements of the Development Act 1993, the Development

Assessment Panel (DAP) comprises three elected Council members, three specialist

independent members and an independent specialist presiding member.

It is with great pleasure that I present this report on behalf of the DAP.

This Report comprises two sections:

Part A contains general comments about DAP membership and meeting procedure;

Part B contains specific comments relating to particular matters that the DAP would

like to bring to the attention of Council.

The DAP recommends these matters be investigated and considered for

incorporation in Council’s next ‘general’ Development Plan Amendment.

PART A – GENERAL COMMENTS

1 Membership of the DAP

Membership of the DAP has seen some change during 2015. Prior to council elections in

November 2014, the term of the Independent Members had been extended until 30 April

2015 to allow new Elected Members the opportunity to settle-in after the Local Government

Election prior to turning their attention to the DAP composition.

From January until April the membership comprised specialist independent members

Graham Goss (Presiding Member), Jenny Newman (Deputy Presiding Member), Ivan Winter

and Nathan Sim and elected Council members Councillor Rosemary Clancy, Councillor

Annette Bradshaw and Councillor Mikki Bouchee.

At its meeting held on 24 March 2015, Council resolved to proceed to an expression of

interest process for the selection of Independent Members for the Development Assessment

Panel. Following advertisements for expressions of interests to nominate for Panel positions,

Jenny Newman (Presiding Member) and Graham Goss were re-nominated to the Panel and

Peter Dinning and David Bailey were nominated as new members. Following her

appointment by Council as Deputy Mayor, Councillor Mikki Bouchee resigned from the Panel

in November and Councillor Lynda Yates was elected and took up the position on the Panel

for the December meeting. Graham Goss was elected as Deputy Presiding Member.

Graham Goss and Councillor Rosemary Clancy have both served on the Panel for nine years,

Jenny Newman, eight years and Councillor Annette Bradshaw for over a year. Ivan Winter

and Nathan Sim who both departed from the Panel in 2015 had served eight and seven

years respectively. Their contribution, professionalism and commitment to the Panel was

both appreciated and admired and I would like to sincerely thank them both for their

commitment to the DAP. Mikke Bouchee served on the Panel for a year and we would also

like to thank her for her contribution and recognise her positive outlook and the depth of

local knowledge which she brought to the Panel.

2 Meeting Procedure

Council’s Code of Conduct, formally adopted by the DAP each year, assists DAP members

in DAP procedures, with the Presiding Member determining how the Panel meetings are to

be run. Meetings have run smoothly and efficiently during 2015 with no changes made to

the established procedure. It was noted by the Panel, however that consideration be given

to amending the DAP Terms of Reference to empower the DAP to suspend meetings after a

nominated time to avoid lengthy meetings which compromise decision making and

inconvenience representors and applicants alike.

Meetings are held from 7.00pm on the fourth Wednesday of each month and DAP members

inspect sites individually as necessary prior to the meetings.

The process of the meeting is for the Presiding Member to welcome members of the public,

applicants and representors and to explain the procedure for the evening. The welcome

includes an acknowledgement of meeting on traditional Kaurna lands. The nature of the

meeting is clarified, namely that it is a public hearing and that the DAP is a distinctly separate

body from the Council and is subject to the provisions of the Development Act rather than

the Local Government Act. It is stressed that all members of the Panel, elected and specialist

independent, have a statutory duty to assess applications against the provisions of the

Development Plan. For each development assessment item, representors who have indicated

they would like to address the DAP are invited to do so, and DAP members ask questions of

clarification where necessary. The applicant is then given a right of reply, again followed by

questions from the DAP if required. The DAP may also ask questions of planning staff, before

a round-table discussion occurs prior to a decision being made. It is emphasised that whilst

the meeting is open to members of the public, it is not a forum for public debate.

Panel members are reminded each meeting of their obligation to declare any conflict of

interest they may have in an item prior to that item stating the nature of the interest. This is

recorded in the minutes accordingly.

3 Processing of Applications

Many of the applications that come to the DAP for determination have been through a

rigorous process of negotiation between the applicant and Council planning staff to improve

the quality of the development. Whilst this may take extra time, it generally results in an

application with a recommendation for approval, rather than a recommendation for refusal.

Refusals are frequently appealed with the result of a compromise proposal being submitted

for consideration early in the appeal process. Thorough negotiations prior to assessment can

thus often avoid the costly and time-consuming appeal process which often ultimately leads

to the same outcome.

In 2015, 75 development applications were considered of which 54 were granted consent, 18

were refused and 3 were deferred. 62 (82%) were recommended in accordance with the

Officer’s recommendation. 10 applications were appealed with 6 appeals granted, 1

refused and 1 not supported. A total of 43 representors and 19 applicants were heard at the

public meetings.

While the DAP does not always follow the Council planning staff recommendations in

reports, the thoroughness of reports is consistent and of high quality. One of the major

reasons for differing from a staff report is the tendency for some applicants to push the

boundaries as far as possible in not providing minimum setbacks, maximum wall heights and

other quantitative standards. A ‘minimum’ standard is often interpreted by an applicant

as a ‘desirable’ standard. However, given that the policies have been carefully drafted and

debated through the development plan amendment process prior to being authorised by

the Minister, there is an expectation by the community, and generally by the DAP, those

‘minimum’ standards will generally be upheld. The DAP must take into consideration the

extent an application’s non-compliance with minimum standards and the circumstances of

the development. As an overall guide, the wording of the ‘Desired Future Character

Statement’ provides definition of what the Development Plan envisages for the particular

zone. In relying on these provisions, the DAP has noted that the Environment, Resources and

Development Court upheld this approach in the few appeals that have been lodged against

a decision of the DAP.

PART B – SPECIFIC COMMENTS

The Panel may (at its discretion) provide advice and reports to the Council on trends, issues

and other matters relating to planning or development that have become apparent or arisen

through the Panel’s assessment of Development Applications under the Development Act.

The DAP was provided with a response to many of the issues raised in previous DAP reports

and this was documented in DAP’s 2014 report. The following responses have been

received in relation to outstanding issues raised:

Review of provision relating to roof pitch and orientation for solar panels (provision

120) to acknowledge solar panel stands/frames can be used (2012 DAP Annual Report);

Council has written to the State Government’s Development Policy Advisory Committee

(DPAC) to ask whether the Development Regulations can be amended in this regard. DPAC

has advised that it will consider the issue as part of the broad planning reforms that will

occur during 2016.

Review of provisions regarding overlooking/overshadowing/access to sunlight to

acknowledge that requirements that tend towards increased building heights and

densities may be difficult to achieve without some degree of overlooking (2012 DAP

Annual Report);

Council’s Housing Strategy will consider issues of amenity as part of its housing diversity

agenda. Managing tensions between new and existing residential settings resulting from

overlooking and overshadowing will require attention in the Housing Strategy.

Consideration given to establishment of policy regarding storm water disposal from hammerhead allotments, where the rear allotment is lower than the allotment fronting the street. (This in itself should be a good reason to make a proposal non-complying.) (2013 DAP Annual Report)

Council has now finalised its regional stormwater masterplan that will be used to inform the

Development Plan as part of a broad residential review. Raising the Finished Floor levels of

low-lying allotments is one of the recommendations that will become policy.

Consideration given to discouraging mobile phone towers on land adjacent to residential zones, via making this type of development non-complying.

Council has written to the State Government’s Development Policy Advisory Committee

(DPAC) to ask whether the Development Regulations can be amended in this regard. DPAC

has advised that Commonwealth Telecommunications Act overrides State and Local

legislation, where telecommunications facilities must be accommodated in areas of identified

need regardless of local policies.

Consideration given to discouraging further increasing Supported Residential Housing in the Residential Character Zone to the north of Jetty Road, via making this type of development non-complying.

Council’s Housing Strategy will consider this issue and look at identifying suitable locations

for this type of residential land use.

This year, the following new issues have been identified:

Minimum allotment width provision inhibits well designed semi-detached development

that may be less than 12m in width, whilst encouraging poorly designed

‘hammerhead’ developments instead. Consideration should be given to reducing the

minimum allotment width from 12m. If allotment widths are below 12m (and above a

new proposed minimum) and the character of the street consists of single dwellings on

single allotments the semi-detached dwellings should be designed to present to the

street as a single dwelling (no separating front fence, one main front door visible from

the street, shared roof form, restricted boundary development, maximum of one garage

visible from the street and where possible, one crossover).

Provisions that discourage two-storey development (unless designed within the roofline)

on the entire area east of Brighton Road restrict development potential, produce

compromised designs and are incoherent with the State Government’s Residential

Code which overrides Council’s Development Plan and allows for conventional two-

storey development. However it is important that two storey development is consistent

in complementing the established suburban character such as through roof forms,

articulated ground and upper floor plans and buildings set within landscaped settings. If

two storey development is to be envisaged in this area, proposals should be designed

with particular reference to the existing streetscape (heights, materials, setbacks, forms)

and demonstrate a higher level of articulation and design resolution than would be

expected in areas to the west of Brighton Road. A larger front set back to the upper floor

than the ground floor will encourage greater articulation as well as pitched roof

elements, front verandah or porches, materials which reflect the character of the area,

low front fencing and front facing unobscured windows.

The Development Plan would benefit from more robust ‘interface’ provisions for the

assessment of conflicting land uses on adjoining sites, particularly at the interface with

two different zones. Resolving the tension between commercial and residential

development is not adequately addressed in the Development Plan (this was particularly

apparent in the Panel’s assessment of a fast food restaurant adjacent a residential

zone).

Environmental provisions remain lacking with no tangible recourse in the Development

Plan to require that buildings are designed and/or sited for sustainable outcomes.

Provisions relating to on-site stormwater harvesting are required in the Development

Plan to overcome (or at least mitigate) the increased runoff from the rising number of

medium density development occurring in Holdfast Bay. There needs to be a link

between the already good work done with respect to flood mapping and the need to

reduce runoff into the stormwater system.

The Development Plan will benefit from the addition of provisions that relate to the

‘liveability’ of new medium density dwellings in particular. Issues of solar orientation,

useability of private open space, screening versus overlooking, ambient noise, isolation of

‘hammerhead’ dwellings are all factors that impact on the quality of life for residents

of these developments. This was particularly notable in the assessment of an aged care

complex in Somerton Park. The needs and general amenity of the future occupant

requires additional protection and consideration particularly in medium and high density

proposals.

In conclusion I would like to thank all Panel members who have served during 2015 and also

to thank the staff for their professionalism and the support they have provided to the

Development Assessment Panel.

Jenny Newman BA (Hons) MA Dip Arch (Dist)

Presiding Member

City of Holdfast Bay Development Assessment Panel

January 2016


Item No: 14.6 Subject: OFFER TO PURCHASE PORTION OF LANEWAY NORTH OF 46 TOD

STREET GLENELG NORTH Date: 8 March 2016 Written By: Technical Engineer General Manager: City Assets and Services, Mr S Hodge SUMMARY This report discusses an offer from the property owner of 46 Tod Street Glenelg North to purchase portion of a laneway that is on the northern boundary of No.46. Half the width of the laneway is affected. RECOMMENDATIONS 1. That Council advises the property owner that Council will sell the portion of laneway

at the valuation price of $35,054 provided the property owner also meets the associated conveyancing costs.

2. That Council will reserve the right of an easement over the underground drainage. COMMUNITY PLAN A Place that is Well Planned A Place that Provides Choices and Enhances Life STATUTORY PROVISIONS Real Property Act. BACKGROUND There are no previous reports to Council in relation to this matter. REPORT The property owners of 46 Tod Street Glenelg North have made an offer to purchase a strip of Council owned land located on the northern boundary of No.46. The offer is in the amount of $27,000.

Refer Attachment 1


The strip of land that is half the width of the laneway has Certificate of title Volume 5632 Fol 644 and is owned by Council in fee simple (reserve) and is not a public road. Should Council agree to sell the strip of land, it would require boundary realignment for the northern boundary of 46 Tod Street. The area of the strip of land is 103.1 square metres. The strip also forms part of a drainage reserve that should not be built over, which would be a condition of sale.

Refer Attachment 2 A valuation report has also been provided by the property owner. The valuation for the total area requested to be purchased is $35,054 whereas the offer is $27,000. The valuation has been heavily discounted by 60%, reflecting the limited use and value to Council or other parties. The valuation report is attached.

Refer Attachment 3 It is considered that the sale should proceed, provided the property owner of 46 Tod Street pays the valuation price of $35,040 and associated conveyancing costs. BUDGET There is no budget required for the land transfer. The property owners have been previously advised they would need to meet all the costs associated with the transfer of the land. LIFE CYCLE COSTS These will be reduced, since Council would have reduced maintenance of the strip of land which would only need access for maintenance for a drainage pipe.


Item No: 14.7 Subject: THE FUTURE OF THE WESTERN REGION WASTE MANAGEMENT

AUTHORITY Date: 8 March 2016 Written By: Manager Finance, Asset Accountant General Manager: Business Services, Mr I Walker SUMMARY The Western Region Waste Management Authority (WRWMA) is a regional subsidiary established by four metropolitan constituent councils including the City of Holdfast Bay. The WRWMA was formed to coordinate rehabilitation of the Garden Island Landfill and its responsibilities under the Environmental Performance Agreement with the Environment Protection Authority and Renewal SA (formerly Land Management Corporation) were completed on 1 September 2015. Ongoing management of the Garden Island site has been transferred to Renewal SA. The WRWMA Board has requested the Constituent Councils make resolutions on the future of the subsidiary and the return of surplus funds held by the WRWMA. RECOMMENDATION 1. That Council notes all necessary reports and information supporting the

recommendation to wind up the Western Region Waste Management Authority have been provided to and considered by Council.

2. That Council resolves a letter be sent to the Western Region Waste Management

Authority confirming that Council supports the winding up of the Western Region Waste Management Authority and the distribution of funds in accordance with the Charter.

3. That Council approves an application is made by the Chief Executive Officer in

conjunction with the other Constituent Councils to the Minister for Local Government to wind up the Western Region Waste Management Authority.

COMMUNITY PLAN A Place that Provides Value for Money


COUNCIL POLICY Not Applicable. STATUTORY PROVISIONS Local Government Act 1999, Section 43 BACKGROUND The Western Region Waste Management Authority (WRWMA) was established under Section 43 of the Local Government Act, 1999 to provide services for the management of waste and the management of waste facilities under its control on behalf of the Constituent Councils, being the City of Holdfast Bay, City of Port Adelaide, City of West Torrens and City of Charles Sturt. The waste management site was closed and has been rehabilitated in accordance with Environment Protection Authority and Land Management Corporation Plans. By September 2015, WRWMA had successfully completed its works at the Garden Island Landfill and has thus fulfilled all of its rehabilitation responsibilities. It is therefore no longer providing any services to its Constituent Councils, beyond those directly related to the administration of its wind-up. The wind up process is outlined along with information relevant to the Authority’s financial position. It is recommended that Council writes to the Minister to wind it up. REPORT Council has received correspondence from the WRWMA Manager seeking Council’s view in relation to the future of the Western Region Waste Management Authority and the return of surplus funds).

Refer Attachment 1 Section 1.4 of the Western Region Waste Management Authority Charter outlines the objects and purposes of the Authority:

1.4 Purpose for which the Authority is established: The Authority is established for the following objects and purposes: 1.4.1 To manage the joint interests of the Constituent Councils in relation to

the Garden Island landfill site; 1.4.2 To undertake all manner of things relating to and incidental to the

management function of the Authority; 1.4.3 To provide a forum for the discussion and consideration of issues related

to the joint obligations and responsibilities of the Constituent Councils in respect of the Garden Island landfill site.


The WRWMA signed an agreement in October 2005 with the Environment Protection Authority (EPA) as the licensing body, Renewal SA (formerly the Urban Renewal Authority and the Land Management Corporation), as the property owner to rehabilitate Garden Island over a maximum period of eight years. As part of WRWMA’s obligations under the Environment Performance Agreement, rehabilitation works (capping and revegetation) for Garden Island landfill were tendered and a contract for these works was awarded. The eight year contract of Civil Works was completed and practical completion was awarded on the 26 October 2012. All defects were addressed by July 2013. The Initial Post-closure Period’ commenced on 1 September 2013, as defined in the Environment Performance Agreement (the Deed) and ceased on 31 August 2015. WRWMA successfully fulfilled the requirements of this period, and completed its obligations to enable the handover of the Garden Island site from WRWMA to Renewal SA on 1 September 2015. The completion of this work was achieved via effective partnerships between all parties. In August 2015 WRWMA, Tonkin Consulting, Leed Engineering and McMahon Services received a Civil Contractors Federation Earth Award for the rehabilitation works. Following WRWMA successfully fulfilling its obligations and the handover of the Garden Island site to Renewal SA, confirmation was received that the final $2 million bank guarantee could be discharged, and is therefore no longer held. These significant milestones demonstrate that the WRWMA has met the objects and purposes as set out in the Charter. The decision that therefore needs consideration is whether WRWMA should continue. A report was prepared by the Manager of WRWMA to the Board in December 2015, including legal advice relating to the wind up of the regional subsidiary. It was considered by the WRWMA Board at its meeting of 10 December 2015 Item 4.31 Future of the Western Region Waste Management Authority Subsidiary (refer Attachment 1). The Board resolved as follows: 1. That the WRWMA Board review and note the report. 2. That each Board Member consults and gains direction from their respective

Constituent Councils about the future of the Western Region Waste Management Authority to inform a final Board decision at the first quarter Board meeting in 2016.

The Manager and Chair discussed the issues relating to whether the regional subsidiary should continue and concluded that there appears no benefit in the WRWMA remaining as a regional subsidiary, or an advisory body, and should therefore be wound up having discharged its objects under its charter. It is recommended that Council support this approach.


It is anticipated at the time of wind-up, there will be no outstanding financial liabilities from WRWMA. The current budget forecast is that there will be a surplus of money that can be returned to the Constituent Councils and that amount is currently estimated at $205,104.

Refer Attachment 2

The WRWMA Charter 2012 contains provisions for winding up the authority with regards to the return of surplus funds.

5.5.2 On winding up of the Authority, the surplus assets or liabilities of the Authority, as the case may be, shall be distributed between or become the responsibility of the Constituent Councils in the proportions of their equitable interest.

The equitable interests of the Constituent Councils in the Authority are as follows: • City of Charles Sturt - 56.39% • City of West Torrens - 23.93% • City of Port Adelaide Enfield - 13.77% • City of Holdfast Bay - 5.91% Two Constituent Councils, the City of West Torrens and City of Charles Sturt had to varying degrees previously delayed their payments to the WRWMA, however City of Holdfast Bay and the City of Port Adelaide Enfield made their payments and could seek interest accrued on these payments. Legal advice outlined that surplus funds should be returned to Constituent Council's as per the Charter and could only take into account an interest calculation on these payments, if all the Constituent Councils agreed to this approach. The table below shows the return of surplus funds according to the Charter and if interest was paid.

Council Option 1 – Equity Share as per Charter

Option 2 – Equity Share less penalty interest

Charles Sturt 115,658.15 122,186.47 West Torrens 49,081.39 9,889.76 Port Adelaide Enfield 28,242.82 51,097.17 Holdfast Bay 12,121.65 21,930.59 Total 205,104.00 205,104.00 While the City of Holdfast bay would stand to gain a higher return through Option 2 it should be noted that unless all Constituent Councils agreed to the distribution in accordance with Option 2, the legal advice stated that the final surplus funds will be returned strictly in accordance with Clause 5.5.2 and Clause 5.1 of the Charter. Two Councils have already opted to resolve that the funds be returned as per the Charter.


Considering the long term successful partnership and the legal advice already received it is recommended that Council also resolve in this manner. BUDGET The content and recommendation of this report indicates the effect on the budget. LIFE CYCLE COSTS The nature and content of this report is such that life cycle costs are not applicable.

W E S T E R N R E G I O N W A S T E M A N A G E M E NT A U T H O RI T Y Member Councils Charles Sturt Holdfast Bay Port Adelaide Enfield West Torrens

PO Box 75

WOODVILLE SA 5011

Tel: 8408 1111

Fax: 8408 1122

Email: [email protected]

17 December 2015 Mr Justin Lynch Chief Executive Officer City of Holdfast Bay 24 Jetty Road BRIGHTON SA 5048 Dear Mr Lynch Return of Surplus Funds from Western Region Waste Management Authority The purpose of this letter (written to all the Constituent Council CEO’s) is to seek formal feedback from each Constituent Council in the Authority to gain their individual positions on the approach to returning any surplus funds, as requested by the Board. At its meeting on 10 December 2015, the Western Region Waste Management Authority (WRWMA) Board resolved: 4.32 RETURN OF SURPLUS FUNDS TO CONSTITUENT COUNCILS

Brief To present to the Board information on the issue of returning surplus funds to constituent councils of WRWMA.

Motion That the WRWMA review and adopt the approach to returning surplus funds to

constituent councils in accordance with the WRWMA Charter Clause 5.5.2 and

Clause 5.1.

Moved Ms Robyn Butterfield, Seconded Cr Oanh Nguyen Defeated

Motion That the WRWMA Manager seeks in writing the position of Constituent Councils.

Constituent Councils are to make a formal resolution on their preferred surplus

funds distribution basis, and to provide this formal resolution back to the WRWMA

Board prior to its next meeting.

Moved Ms Fiona Jenkins, Seconded Cr Oanh Nguyen Carried

mailto:[email protected]

WRWMA

Enclosed is a copy of the WRWMA Board Agenda Report for your information, which presents two ‘Options’ for determining the distribution of the final surplus funds, as well as legal advice relating to this matter. The legal advice states that the final surplus funds are to be returned to the Constituent Councils strictly in accordance with the WRWMA Charter Clause 5.5.2 and Clause 5.1 (Option 1). The legal advice does however state that the only way the final surplus funds can be returned to the Constituent Councils in accordance with Option 2 (which is an option which takes into account the interest adjustment) is if all of the Constituent Councils agree to the Option 2 approach. There was some discussion at the Board as to whether to vary the direction in the Charter for the return of surplus funds in order to take into account the loss of interest incurred due to both the City of Charles Sturt and the City of West Torrens delaying payments to Western, following WRWMA call on funds from the Constituent Councils. WRWMA’s Charter (2012) states: “5.5.2 On winding up of the Authority, the surplus assets or liabilities of the Authority, as the case may be, shall be distributed between or become the responsibility of the Constituent Councils in the proportions of their equitable interest” The equitable interests of the Constituent Councils in the Authority are as follows: • City of Charles Sturt—56.39% • City of West Torrens—23.93% • City of Port Adelaide Enfield—13.77% • City of Holdfast Bay—5.91%

Given the works have been completed, and costs associated with a potential wind up of the regional subsidiary have been accounted for in the Budget estimate, it appears that there will be surplus funds to be returned to all Constituent Councils. As at the 10 December 2015 Board meeting, the Cash at Bank as at 30 June 2016 is currently projected to be approximately $205,104. The Board is keen to understand the position of each of the Constituent Councils prior to making their decision at the first quarter Board meeting in 2016 (24 March 2016). It would be appreciated if a letter providing the direction of your Constituent Council could be received before the 17 March 2016. This timing will enable this feedback to be included in the Agenda of the Board to inform a decision on the approach to the return of surplus funds at the first quarter Board meeting in 2016. Yours faithfully

Mr Adrian Sykes MANAGER WESTERN REGION WASTE MANAGEMENT AUTHORITY


Item No: 14.8 Subject: WINTER WONDERLAND – REQUEST FOR FUNDING 2016 Date: 8 March 2016 Written By: Manager, City Activation General Manager: Community Services, Ms T Aukett SUMMARY In 2014 and 2015 Council supported a successful Winter Wonderland event staged in Moseley Square, Glenelg. Based on this success, it is proposed the Council stage a Winter Wonderland themed event inform 2 - 31 July The Jetty Road Mainstreet Management Committee (JRMMC) has once again committed a contribution of up to $75,000 towards the cost of the event in 2016. The total cost of this event is estimated at $341,000 with ticket sales and sponsorship income estimated at $192,000. Council’s contribution is 50% of the net cost, with JRMMC and Council sharing the costs and income on the same basis as last year. At this stage, based on the current budget estimates, Council’s will be $75,000. RECOMMENDATION That Council approves the contribution of up to $75,000 towards the cost of the Winter Wonderland program from the 2016/17 budget, noting that Jetty Road Mainstreet Management Committee has already approved a contribution of up to $75,000 towards the cost of this event as part of it its 2016/17 budget. COMMUNITY PLAN A Place with a Quality Lifestyle A Place for Every Generation A Place to do Business A Place that Welcomes Visitors A Place that Provides Value for Money COUNCIL POLICY Not Applicable.


STATUTORY PROVISIONS Not Applicable. BACKGROUND The Winter Wonderland event was originally developed by the JRMMC to help stimulate economic development during the quieter winter off-peak season in 2014. It was also intended as a means to raise awareness of Glenelg as a destination during the winter period. Winter Wonderland was designed to appeal to the day tripper market of Glenelg (estimated at more than 900,000 people per year) as well as the local community. Following on from the inaugural 2014 event, the 2015 Winter Wonderland proved successful with a measured increase in visitation to Glenelg during a period which is traditionally slow. The success of this event supports the proposition that people (locals and visitors alike) will respond to an appropriately positioned campaign/event during the quieter winter period. At its meeting on 13 October 2015, Council received and noted Report No: 272/15 ‘Winter Wonderland Debrief.’ This report advised that the 2015 Winter Wonderland event sold 29,000 tickets, many to visitors from outside the Council area, and generated an income of $218,000. The total expenditure for the event was $368,000 resulting in a net cost to both Council and JRMMC of $75,000 each. The 2015 event provided free media coverage to the value of approximately $240,000 calculated by independent analysis. REPORT Given the success of the 2014 and 2015 events in increasing visitation to Glenelg during a quiet period, and the response from the community, Council funding is sought to continue the Winter Wonderland event in 2016. The JRMMC has once again committed its support, and at its meeting of 7 October 2015 has committed up to $75,000 to continuing the event in Glenelg in 2016. After reviewing feedback, along with revenue and expenditure from the 2015 event, it is proposed that the 2016 event will: 1. Retain the Winter Wonderland Ice Skating arena as the main focus, reducing it to five

weekends and four weeks in July 2016. This will coincide with three weeks of school holidays (private and public schools) and ensure maximum attendance and income from ticket sales. This also allows for school group bookings during the last week of term, which was popular in 2015.

2. Continue to run the successful Winter Warmers booklet from July to September 2016.

Winter Warmers is effectively a version of “the Entertainment Book”. It is provided free of charge to attendees at the ice rink and is distributed to local accommodation outlets. The discount vouchers are valid for a three month period during the quieter


winter months (July, August and September). Winter Warmers Booklet is a great opportunity for traders to promote discounted services to residents and visitors alike to capitalise on the event. In 2016 it is proposed the participation in the booklet be expanded) to include traders across the city. (Traders outside of Jetty Road Glenelg have already expressed an interest in being incorporated into the booklet.)

Costs associated with hosting Winter Wonderland in 2016 will impact the 2016/2017 financial year and will need to be included in the 2016/2017 budget. BUDGET After reviewing income and expenditure from 2014 and 2015, the following budget is proposed: Income:

Income $ Ticket Sales 186,631 based on 65% of ticket sales, calculated

at 2014 take-up 2014 distribution Council Contribution 75,000 JRMMC Contribution 75,000 Sponsorship/Signage 5,000

TOTAL $341,631 Expenditure: Winter Wonderland Activity $ Ice Arena 212,000 Entertainment 12,000 Marketing & Promotion 36,000 including winter warmers booklet, radio

ads, print collateral, entry statements, banners, social media etc

Complimentary Tickets 17,000 VIPs, guests, community groups Licence Fees 14,000 merchant & credit card charges Security 24,000 Other 9,173 food and drink, site remediation Materials 16,000

TOTAL $340,173 Based on projected revenue, JRMMC and Council would need to jointly contribute just under $75,000 each. If take-up is higher, the contribution will decrease. Any revenue from the event will be spilt 50/50 between council and the JRMMC. LIFE CYCLE COSTS There are no life-cycle costs associated with this report, unless Council determines to continue the event in 2017.

Documents

NOTICE OF MEETING - City of Holdfast Bay · · 2016-03-03ANSWER – General Manager City Assets & Services 1. ... bank statements) ... 2016. A revised plan and accompanying letter