Notice of Council & Committee Meetings · 7 June 2011 Page 1 1. MEETING OPENED 1.1 Evacuation...

Notice of Council & Committee Meetings

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

COUNCIL

and Urban Services Standing Committee Governance Standing Committee

of the

CITY OF WEST TORRENS

will be held in the Council Chambers, Civic Centre 165 Sir Donald Bradman Drive, Hilton

on

TUESDAY, 7 JUNE 2011

at 7.30 PM

Terry Buss Chief Executive Officer

City of West Torrens Disclaimer

Please note that the contents of these Council and Committee Agendas have yet to be considered by Council and officer recommendations may be altered or changed by the Council in the process of making the formal Council decision.

COUNCIL MEETING 7 June 2011

I N D E X

1. MEETING OPENED ....................................................................................................... 1

1.1 Evacuation Procedure ......................................................................................... 1

2. PRESENT ....................................................................................................................... 1

3. APOLOGIES ................................................................................................................... 1

4. DISCLOSURE STATEMENTS ....................................................................................... 1

5. CONFIRMATION OF MINUTES ..................................................................................... 1

6. MAYOR'S REPORT ....................................................................................................... 1

7. ELECTED MEMBER REPORTS .................................................................................... 4

8. PETITIONS ..................................................................................................................... 4

9. DEPUTATIONS .............................................................................................................. 4

10. ADJOURN INTO STANDING COMMITTEES ................................................................ 4

11. ADOPTION OF STANDING COMMITTEE RECOMMENDATIONS .............................. 4

11.1 URBAN SERVICES COMMITTEE ........................................................................ 4

11.2 GOVERNANCE COMMITTEE .............................................................................. 4

12. ADOPTION OF GENERAL COMMITTEE RECOMMENDATIONS ............................... 4

12.1 CIVIC COMMITTEE............................................................................................... 4

12.2 ST MARTINS COMMITTEE .................................................................................. 4

13. QUESTIONS WITH NOTICE .......................................................................................... 5

13.1 Outstanding Debts............................................................................................... 5

14. QUESTIONS WITHOUT NOTICE .................................................................................. 5

15. MOTIONS WITH NOTICE .............................................................................................. 5

15.1 Use of Hebel ......................................................................................................... 5

16. MOTIONS WITHOUT NOTICE ....................................................................................... 5

17. REPORTS OF THE CHIEF EXECUTIVE OFFICER ...................................................... 6

17.1 Election of the Local Government Association President ............................... 6

18. LOCAL GOVERNMENT BUSINESS ........................................................................... 25

18.1 Local Government Circulars ............................................................................. 25

19. MEMBERS' BOOKSHELF ........................................................................................... 35

20. CORRESPONDENCE .................................................................................................. 35

20.1 Asbestos Removal............................................................................................. 35

20.2 Road Safety Advisory Council - Towards Zero Together .............................. 35

20.3 Adelaide and Mount Lofty Ranges Natural Resources Management

Board .................................................................................................................. 35

20.4 Power Line Environment Committee Appointment ........................................ 35

20.5 Kodomo no Hi Celebration - Letter of Appreciation ....................................... 36

20.6 102nd Birthday Celebration - Letter of Appreciation ....................................... 36

20.7 Adelaide Airport Reporting ............................................................................... 36

COUNCIL MEETING 7 June 2011

21. CONFIDENTIAL ........................................................................................................... 59

22. MEETING CLOSE ........................................................................................................ 59

COUNCIL MEETING 7 June 2011 Page 1

1. MEETING OPENED

1.1 Evacuation Procedure 2. PRESENT

3. APOLOGIES

Leave of Absence Cr Sarris Apologies

Council Members

Cr Farnden 4. DISCLOSURE STATEMENTS

The following information should be considered by Council Members prior to a meeting: 1. Consider Section 73 of the Local Government Act and determine whether they have a conflict

of interest in any matter to be considered in this Agenda; and

2. Disclose these interests in accordance with the requirements of Sections 74 and 75 of the Local Government Act 1999.

The following disclosures of interest have been made in relation to:

Item Elected Member 5. CONFIRMATION OF MINUTES

RECOMMENDATION

That the Minutes of the Special Meeting of Council (Public Hearing) held on 31 May 2011 be confirmed as a true and correct record.

6. MAYOR'S REPORT

(Preliminary report as of Thursday night 2 July 2011 for the agenda to be distributed Friday, 3 July 2011) In the 3 weeks since the Council Meeting of 17 May 2011 functions and meetings involving the Mayor have included: Wednesday 18 May 5.15pm Attended the MLGG meeting hosted by the City of West Torrens. Thursday 19 May 9.00am Attended the LGA State Executive Committee meeting. 1.00pm Attended the Lockleys Seniors Birthday lunch celebrations. 2.30pm Photoshoot for Integrated Design Strategy for inner suburban councils.


Friday 20 May 11.00am Delivered flowers, on behalf of Council, to Elsie May Dunk at the Pines Nursing

Home on the occasion of her 100th birthday. 11.30am Opened the Community Event for the new Cowandilla Childrens' Centre. 2.00pm Delivered flowers, on behalf of Council to Mona Hancock at Southern Cross Care

Buckland, on the occasion of her 102nd birthday. Sunday 22 May Unable to attend the LGMA Conference in Cairns due to illness. Thursday 26 May 9.00am Opened the "Authorised Persons" 2011 Conference at the Woolshed, to honour a

long-standing commitment. (I then returned home – The Chief Executive Officer conducted that evening’s Citizenship Ceremony on my behalf – Deputy Mayor McKay was also out of action for a medical reason.) Friday 27 May 2.30pm Attended the 50th Anniversary Luncheon of the West Adelaide 1961 Premiership

at West Adelaide Football Club. 5.45pm Attended the pre match function followed by the game between West Adelaide

and Norwood. Tuesday 31 May 7.30pm Chaired a Special Meeting of Council (Public Meeting) for the Better Development

Plan DPA. Wednesday 1 June 11.00am Attended with CEO Terry Buss, Deputy CEO Declan Moore and Manager City

Strategy Gary Mavrinac the Integrated Design Strategy (IDA) Pre Forum Information Session by Tim Horton, Commissioner IDS at the Institute Building, North Terrace.

6.30pm Participated in the Budget Community Forum. Approximately 8 Elected Members and 7 staff members attended, along with 2 ratepayers.

Thursday 2 June 12.30pm Lunch with Hon Robert Brokenshire MP at Parliament House. 2.00pm LGA Senior Executive special meeting. In addition, after the compilation of this report as part of the distributed Agenda, but before next Tuesday's Council meeting, I also expect to have attended or participated in the following Friday 3 June 9.30am Chairing West Adelaide Consultative Group meeting at Adelaide Airport. 10.00am Delivering flowers, on behalf of Council, to Mr and Mrs Filippin of Lockleys on the

occasion of their 50th Wedding Anniversary. Tuesday 7 June 8.30am Participating with other inner metropolitan mayors in the launch at the Central

Market of the Integrated Design Strategy project. 6.00pm Pre-meeting briefing. 7.30pm Council Meeting.


Institute of Public Works Engineering Australia Excellence Awards The Institute of Public Works Engineering Australia (SA Division) Incorporated, presents at its Annual Dinner each year to encourage and recognise excellence in the innovation, development, completion and management of public works projects and the people involved. This year the City of West Torrens entered projects in the three categories and were successful in winning two categories as follows: Category: Excellence in design and/or construction of a public works project. Winner - Project: Brooklyn Park Rain Garden – Beachway Avenue. As part of a greater stormwater system installation and upgrade project, it was desired by Council to include the installation of some Water Sensitive Urban Design (WSUD) measures which would provide genuine sustainability benefit and water quality improvement to the direct locality of the installation. This opportunity arose in Beachway Avenue where Council was able to take a barren road verge and establish a boulevard of Rain Gardens along the entire length of the street. Eleven bio-filtration Rain Gardens were installed along the western side of the street to collect and treat all of the stormwater runoff from this road segment. It is believed that this is one of the first occurrences within Adelaide where an entire street has been retrofitted with bio-filtration systems to effectively treat all of the stormwater runoff to a target standard. Category: Excellence in Road Safety Winner - Project: Mock Crash The City of West Torrens via our Road Safety Group organised a Mock Crash Demonstration on the 22 September 2010 to highlight to around 500 high school students the impact and consequences of being involved in a serious car accident and to inform our youth about the dangers of speeding and drink-driving in a bid to reduce the number of fatalities on our local roads. The Mock Crash Demonstration was made possible by the assistance of a $5,000 grant from Motor Accident Commission and the involvement of the SA Police, Ambulance Service, Metropolitan Fire Service and the rescue helicopter. Cr Coxon attended the event and accepted the Award for Excellence in Road Safety on behalf of Council. Andrew King accepted the Award for Excellence in Design and/or Construction of a Public Works Project on Council’s behalf. Congratulations to Angelo Catinari GM Urban Services, Joe Ielasi Manager City Assets, Andrew King Senior Projects Engineer, Emily Osborne Traffic Engineer and all other staff involved in these projects and also to Cr Coxon who attended in his capacity as Chair of Council’s Urban Services Committee. Well done to everyone involved and just another example of the innovation and excellence taking place by staff in their daily duties at West Torrens. RECOMMENDATION That the Mayor's Report be noted.


7. ELECTED MEMBER REPORTS

8. PETITIONS

Nil 9. DEPUTATIONS

Nil 10. ADJOURN INTO STANDING COMMITTEES

RECOMMENDATION

That the meeting be adjourned, move into Standing Committees and reconvene at the conclusion of the Governance Standing Committee. 11. ADOPTION OF STANDING COMMITTEE RECOMMENDATIONS

11.1 URBAN SERVICES COMMITTEE

RECOMMENDATION

That the recommendations of the Urban Services Standing Committee held on 7 June 2011 be adopted. 11.2 GOVERNANCE COMMITTEE

RECOMMENDATION

That the recommendations of the Governance Standing Committee held on 7 June 2011 be adopted. 12. ADOPTION OF GENERAL COMMITTEE RECOMMENDATIONS

12.1 CIVIC COMMITTEE RECOMMENDATION

That the Minutes of the Civic General Committee dated 24 May 2011, attached, be noted and the recommendations be adopted. 12.2 ST MARTINS COMMITTEE RECOMMENDATION

That the Minutes of the St Martins General Committee dated 31 May 2011, attached, be noted and the recommendations be adopted.


13. QUESTIONS WITH NOTICE

13.1 Outstanding Debts Cr Scotcher has given notice of her intention to ask the following question: Would the Administration provide an outline of the approach taken to the management of overdue property debtors? Answer

Many of the community facilities owned by Council are leased to third parties, such as the Peake Gardens Tennis Club, the Adelaide Cobras and the West Adelaide Football Club. Lease, licence or equivalent agreements exist with these organisations, based on terms adopted by Council. Lease, licence and equivalent agreements have default clauses which allow arrangements to be terminated when payment is overdue beyond a certain period of time, including any overdue payment on loans that may have been provided. Council is then able to enter in to possession of the property in question and take legal action, as appropriate, to recover money unpaid. Default action is rarely taken by Council, with personal contact by the Manager Property Services and finance staff with lessees / licensees preferred when payments fall into arrears. 14. QUESTIONS WITHOUT NOTICE

15. MOTIONS WITH NOTICE

15.1 Use of Hebel At the meeting of Council on 17 May 2011, Cr Mangos moved the following motion which the Presiding Member ruled would be deferred to the meeting of Council on 7 June 2011. That a report come to Council on the use of Hebel as a construction material, to include its lifespan, maintenance, what building code regulations apply and whether any regulations require maintenance of Hebel products every five years. 16. MOTIONS WITHOUT NOTICE


17. REPORTS OF THE CHIEF EXECUTIVE OFFICER

17.1 Election of the Local Government Association President Brief

This report advises Council that four nominations have been received for the position of President of the Local Government Association resulting in the need for a ballot to be conducted. RECOMMENDATION(S)

It is recommended to Council that the outcome of the City of West Torrens Council’s ballot for the position of President of the Local Government Association is recorded on the ballot paper, to be completed by the Mayor, as follows: 1. Mayor ........................................ 2. Mayor ........................................ 3. Mayor ........................................ 4. Mayor ........................................ Or 1. Mayor ........................................ Introduction

Correspondence has been received from Wendy Campana, Returning Officer, advising that four nominations have been received for the position of State President of the Local Government Association (LGA) due to the resignation of President Elect Mayor Jim Pollock (Attachment 1). Consequently, the conduct of a ballot across all councils is required. Discussion

The four nominations received are: Mayor of Wakefield Regional Council, James MAITLAND Mayor of the Rural City of Murray Bridge, Allan ARBON Mayor of the Clare and Gilbert Valleys Council, Allan AUGHEY Mayor of Alexandrina Council, Kym McHUGH A copy of the ballot paper, information on each candidate and any letters seeking support are attached (Attachments 2, 3, 4, 5 and 6). Council is required to determine which candidate it wishes to elect and may, if it wishes, indicate any preference in relation to the remaining candidates on the ballot paper. Council's delegate to the LGA General Meeting, Mayor Trainer, is required to complete the ballot paper according to Council's preference and follow the process detailed in the correspondence. Ballot papers must be received by the Returning Officer by 5pm, Friday 24 June 2011. The count will commence at 9am, Monday 27 June 2011 with a provisional declaration made at the conclusion of that count. Subject to the need for a recount, the final declaration will be within 48 hours of the conclusion of the count, i.e. by Wednesday 29 June 2011.


Conclusion

The LGA Constitution requires Mayor Trainer to complete the ballot paper in accordance with the resolution of Council and provide it to the Returning Officer by 5pm, Friday 24 June 2011.


ATTACHMENT 1


ATTACHMENT 2


ATTACHMENT 3


ATTACHMENT 4


ATTACHMENT 5


ATTACHMENT 6


18. LOCAL GOVERNMENT BUSINESS

18.1 Local Government Circulars Brief

This report provides Elected Members with a listing of current items under review by the Local Government Association of South Australia. RECOMMENDATION

It is recommended that the report be received. Discussion

The Local Government Association of South Australia (LGA) distributes a weekly briefing on a range of matters affecting the general functions, administration and operations of councils through a 'General Circular'. The indices attached for Members' information in this report are 20, 21 and 22. The LGA Metropolitan Local Government Group Meeting 18 May 2011 - Key Outcomes Summary is also attached for Members' information. Should members require further information, they may contact the Chief Executive Officer's Secretariat for a copy. In some circumstances, it may then be appropriate for the Member to contact the relevant General Manager for more information.


ATTACHMENT 1


19. MEMBERS' BOOKSHELF

Adelaide Thinkers in Residence - An Integrated Design Strategy for South Australia - Building the Future

St Vincent de Paul Society SA Annual Report 2009-2010 Department of Sustainability, Environment, Water, Population and Communities - Sustainable

Australia - Sustainable Communities RECOMMENDATION That the additions to Members' bookshelf be noted. 20. CORRESPONDENCE

20.1 Asbestos Removal Correspondence has been received from Paul Reardon, Asset Services Director of Housing SA, acknowledging receipt of Council's letter dated 10 May 2011, regarding asbestos removal works at the Housing SA cottage flat site at 55 Coral Sea Road, Fulham (Attachment 1). Note: A copy of the Kemm Environmental air monitoring results are available from the Administration. RECOMMENDATION That the correspondence be received. 20.2 Road Safety Advisory Council - Towards Zero Together Correspondence has been received from Sir Eric Neal AC CVO, Chairperson of the Road Safety Advisory Council, regarding the release of the Draft South Australian Road Safety Strategy 2020 - Towards Zero Together for public consultation (Attachment 2). RECOMMENDATION That the correspondence be received. 20.3 Adelaide and Mount Lofty Ranges Natural Resources Management Board Attached for Members' information is a copy of the Adelaide and Mount Lofty Ranges Natural Resources Management Board Minutes held on 24 March 2011 (Attachment 3). RECOMMENDATION That the correspondence be received. 20.4 Power Line Environment Committee Appointment Correspondence has been received from David Hitchcock, Director Environment and Infrastructure of the Local Government Association of South Australia, regarding the appointment of Mr Ivan Brooks as Member to the Power Line Environment Committee (Attachment 4). RECOMMENDATION That the correspondence be received.


20.5 Kodomo no Hi Celebration - Letter of Appreciation Correspondence has been received from Mike Dunphy, President of the Japan Australia Friendship Association, regarding the attendance of Mayor Trainer at the recent Kodomo no Hi celebration at Cowandilla Primary School (Attachment 5). RECOMMENDATION That the correspondence be received. 20.6 102nd Birthday Celebration - Letter of Appreciation A letter of appreciation has been received from Wendy Lockhart on behalf of her mother, Mona Hancock, regarding the attendance of Mayor Trainer at her 102nd birthday celebration (Attachment 6). RECOMMENDATION That the correspondence be received. 20.7 Adelaide Airport Reporting Attached for Members' Information are copies of the Adelaide Airport Complaints report for April 2011, the Curfew Monitoring report and the Airport Noise Levy Insulation Program report for the period 20 February 2011 to 18 May 2011 (Attachment 7). RECOMMENDATION That the correspondence be received.


ATTACHMENT 1


ATTACHMENT 2


ATTACHMENT 3


ATTACHMENT 4


ATTACHMENT 5


ATTACHMENT 6


ATTACHMENT 7


21. CONFIDENTIAL

Nil 22. MEETING CLOSE

URBAN SERVICES STANDING COMMITTEE 7 June 2011

I N D E X

1. MEETING OPENED ....................................................................................................... 1

2. PRESENT ....................................................................................................................... 1

3. APOLOGIES ................................................................................................................... 1


5. CONFIRMATION OF PREVIOUS MINUTES ................................................................. 1

6. COMMUNICATIONS BY THE CHAIRPERSON ............................................................ 1





11. URBAN SERVICES DIVISION REPORTS ..................................................................... 2

11.1 Declaration of Land in Kurralta Park as Public Road ....................................... 2

11.2 Request to Name a Public Place ........................................................................ 8

11.3 Update on Parking Issues in Smith Street Thebarton .................................... 11

11.4 Weigall Oval Trainers' Association .................................................................. 14

11.5 Mellor Park Update ............................................................................................ 16

11.6 Birkalla Soccer Club - Renewal of Lease for Portions of Camden Oval ....... 19

11.7 Urban Services Activities Report ..................................................................... 21

12. MEETING CLOSE ........................................................................................................ 33

URBAN SERVICES STANDING COMMITTEE 7 June 2011 Page 1

1. MEETING OPENED

2. PRESENT

3. APOLOGIES


Council Members

Cr Farnden 4. DISCLOSURE STATEMENTS

The following information should be considered by Committee Members prior to a meeting: 1. Consider Section 73 of the Local Government Act and determine whether they have a conflict




Item Elected Member

5. CONFIRMATION OF PREVIOUS MINUTES

RECOMMENDATION That the Minutes of the meeting of the Urban Services Standing Committee held on 3 May 2011 be confirmed as a true and correct record.

6. COMMUNICATIONS BY THE CHAIRPERSON


Nil 8. QUESTIONS WITHOUT NOTICE


Nil 10. MOTIONS WITHOUT NOTICE


11. URBAN SERVICES DIVISION REPORTS

11.1 Declaration of Land in Kurralta Park as Public Road Brief

To commence the process to declare several parcels of land in the Kurralta Park area as public roads. RECOMMENDATION

It is recommended to Council that it commences the process and the required public notification under Section 210 of the Local Government Act 1999 to declare the land identified as Allotment 19 in Filed Plan 8361, Allotment 95 in Filed Plan 7380 and Allotments 67 and 68 in Filed Plan 7185 in the area of Kurralta Park, Hundred of Adelaide as public roads. Introduction

In 1998, Council commenced the process to close and dispose of a part of Grassmere Street Kurralta Park to the adjacent property owner for inclusion of the land into their property for car parking. During this process it was identified that Grassmere Street and Warwick Avenue (Anzac Highway to Mortimer Street) had not previously been declared to be public roads (Attachment 1). Council subsequently received notification from the Department for Transport, Energy and Infrastructure Land Services Group that, during the road closure process, there had been several further small parcels of land identified in the Kurralta Park area that are part of the above roads but are still recorded as being in private ownership (Attachment 2). The subject parcels of land are in a part of the suburb of Kurralta Park that was sub-divided in 1899 and identified as the 'Everard' sub-division at the time. Parts of Grassmere Street and Warwick Avenue, as shown on the original plan of sub-division, were closed in 1901 and, between 1911 and 1947, a number of parcels of land were taken as 'corner cut-offs' and set aside as roadway. It is not uncommon to identify 'orphaned' land parcels such as in these instances due to the complexities of the legislation that applied in the past. Discussion

Section 210 of the Local Government Act 1999 enables Council to convert a Private Road to a Public Road. At least three (3) months before making any declaration under the Act, Council must give public notice of the proposed declaration and make all reasonable enquiries to identify the owners of the land. The parcels of land are 'corner cut-offs' comprising parts of Grassmere Street and Warwick Avenue and set aside as roadways but have not previously been formally declared as public roads. As such, a declaration of Council’s intention to declare the land as public road is initially required with the placement of a public notice in the Advertiser and the SA Government Gazette. After three (3) months and following review of any written submissions, Council may then resolve to declare the land as a Public Road. The following is a summary of the process required by Council to proceed to declare the roads to be public roads: Council meeting resolving to undertake the process to declare the specified land as public

roads. Give Public Notice of the Council’s intended action.


Council must then wait three (3) months from the date of public notice prior to making the formal declaration.

Once the investigation and consultation period has expired, a report should be submitted to Council to give consideration to any submissions that have been lodged.

Council formally resolves to declare the land as public roads. On confirmation of the Minutes of the Council Meeting, the declaration must then be

published in the Government Gazette. It is on this date that the Road vests with Council as a Public Road.

A copy of the declaration must then be provided to the Registrar-General so the relevant Certificates of Title can be amended accordingly and new Certificates of Title issued.

Following the declaration, a further report will be provided to Council to formalise the status of Grassmere Street. Conclusion

Following the notification from the Department for Transport, Energy and Infrastructure Land Services Group that certain parts of roads within the City of West Torrens are still private roads, the procedures in accordance with Section 210 of the Local Government Act 1999, should be undertaken to declare those sections of road identified as Allotment 19 in Filed Plan 8361, Allotment 95 in Filed Plan 7380 and Allotments 67 and 68 in Filed Plan 7185 in the area of Kurralta Park, Hundred of Adelaide as public roads.


ATTACHMENT 1


ATTACHMENT 2


11.2 Request to Name a Public Place Brief

This report considers a request to name a reserve after a local resident. RECOMMENDATION(S)

It is recommended to Council that approval be granted to install a small etched timber sign on the Azalea Drive frontage of the Reserve reading 'Trueman Reserve' subject to; 1. The approval of Mr Trueman. 2. The concurrence of local residents to the proposal. Introduction

A request has been received to name a small unnamed reserve located on the northern side of Azalea Drive Lockleys after a local resident Mr William (Bill) Trueman (Attachment 1). Mr Trueman has for many years helped to develop and maintain the area by planting and nurturing trees and shrubs with ongoing watering, litter control and general maintenance of the area (Attachment 2). He was a recipient of the 2003 Outstanding Native Garden Award from Council and has been a strong advocate for the retention of significant trees in the area and for the use of indigenous vegetation. Council has been advised that Mr Trueman is aware of, and supports, the proposal however he has not been formally consulted. Discussion

Council Policy CPP.23, Road Naming Policy, provides guidelines and procedures for the naming of roads and public places. It specifies that name sources may include (5.2.4.9) 'Persons who have served the community well'. However (5.2.84) states that naming of living persons will not be used except in exceptional circumstances. In this instance, it is considered that the impact is minimal and there are very few residents who would be affected. The proposed sign would be a simple etched timber sign installed on the road frontage of the Reserve. The estimated cost is two hundred and fifty dollars ($250). Conclusion

The installation of the sign, if approved, will recognise the input and assistance of a local resident to improve the environment and amenity of their street.


ATTACHMENT 1


ATTACHMENT 2


11.3 Update on Parking Issues in Smith Street Thebarton Brief

This report provides Council with further information on parking issues in Smith Street, Thebarton following the earlier receipt of a petition requesting that on-street parking be allowed adjacent to the Vietnam Village Restaurant and a subsequent Report considered by Council at the meeting held 1 March 2011. RECOMMENDATION

It is recommended to Council that the report be received. Introduction

In December 2010, a petition was received from the owner and customers of the Vietnam Village Restaurant requesting that on-street parking be allowed in Smith Street, Thebarton, adjacent to the Vietnam Village Restaurant, after 6pm. Discussion

The Vietnam Village Restaurant is situated at 2 Smith Street Thebarton in an area zoned 'Industry' and has been in operation at the site since the early 1980’s. The entire northern side of Smith Street between Port Road and Walsh Street has been a 'no stopping' area since at least March 1991 but parking on the southern side of the road was altered to 'no stopping’ in 2009 as a result of changes to traffic movement in the area resulting from the Coast to Coast (C2C) tram line extension project, including a change to the route of travel for B-double vehicles. A section of Smith Street is a gazetted B-double route for access to the Coca-Cola Amatil premises. The revised route has vehicles exiting the Coca-Cola Amatil premises to Smith Street from Gate 4 which is directly opposite the Vietnam Village Restaurant. In a report to Council in March 2011, the request to reinstate parking generally on the northern side of Smith Street was refused due to the restriction on commercial vehicle access through the street and particularly to egress from the adjacent business that extended parking would create. Following the Council decision, a meeting was held at the site with the business owner, the General Manager Urban Services and the City Assets Parking and Traffic Officer, to investigate any alternative measures that may be available to assist the business owner. Discussions were held on possible alternative off-street parking options. It was suggested the property owner could approach the owner of adjoining premises regarding a Land Management Agreement to allow restaurant customer access to that property to utilise parking space which is unused after hours. It was also suggested that formalising parking at the rear of the premises by line marking parking bays may increase the amount of off-street parking for customers. During the course of the meeting, the restaurant owner indicated he was more concerned with the substantial loss of 'take away' custom resulting from the previous parking changes rather than general customer access to parking. In light of this information, a further review of potential parking options in the area was undertaken. While property access requirements prevented parking being allowed generally along the northern side of Smith Street, it was determined that a small section of kerb space immediately next door to the restaurant could safely be allocated as a short-term parking area to provide access for customer collection of 'take away' food orders.


Vehicle turning path analysis of semi-trailer and B-double vehicle movements confirmed that parking at the location could be allowed as it would not cause any restriction to the egress of those vehicles from the Coca-Cola Amatil property. An area to provide parking to accommodate two cars has been declared. Parking is limited to 10 minutes to ensure a turn-over of vehicles to maintain access for the intended users (Attachment 1). Conclusion

While parking cannot be generally provided on the northern side of Smith Street due to vehicles exiting from the Coca-Cola Amatil premises opposite and cannot be reinstated on the southern side due to the turning path requirements for long vehicles entering from Port Road and Walsh Street, an area has been identified to allow some short term parking and alleviate an identified problem for the adjacent business.


ATTACHMENT 1


11.4 Weigall Oval Trainers' Association Brief

This report considers a request for renewal of the Weigall Oval Trainers' Association lease for use of Weigall Oval. RECOMMENDATION(S)

It is recommended to Council that: 1. The Weigall Oval Trainers' Association be granted a one (1) year extension on their

existing lease for use of the trotting track and buildings at Weigall Oval. 2. The Weigall Oval Trainers' Association be advised that, at the end of this period, the lease

will not be renewed and they will be required to vacate the premises. Introduction

At its meeting held on 19 May 2009, Council resolved to grant a lease for one year to the Weigall Oval Trainers' Association plus the right to renew for another one year. This period has now expired and the Association has applied for renewal of their lease. As part of the previous renewal, consideration of the impact of the Trotters on other users of the facility resulted in a reduction in the hours of use. It was also noted that the membership of the Association had declined to the point that there were only one or two professional horse trainers using the facility. It was considered that the activity, whilst historic and somewhat unique, provided little community benefit. Other issues such as the environmental impact through faecal contamination of stormwater, dust and noise were also raised. The report concluded that the impacts of the trainers' activities were detrimental to community use and restricted access and use of the facilities by others. It was agreed that upon expiry of the current lease, a review of the activity and its impact would be undertaken. Discussion

From observations it is apparent that the use of the facility remains as previously reported with two (2) occasional and one (1) regular professional horse trainers. 1. Social Impact

Because of the nature of their business, it is not possible for other activities to occur whilst horses are present. This limits all other use of Weigall Oval to after 12.00 noon during week days and to after 9.00am on weekends.

There have been many instances of dispute between the Trotters and members of the public, the Baseball Club and Soccer Club over activities whilst training horses. The imposition of the Trotters on others using the Oval is disproportionate to the community benefit provided by them.

2. Environmental Impact

Issues of concern include faecal contamination of stormwater, dust created by the horses, the amount of water applied to try and suppress dust and occasional complaints about early morning noise.


3. Economic Impact

The Trotters pay an annual lease fee of $1,500. Whilst the Association maintains the track, it is Council who maintain the dust suppression sprinklers and the bore which provides free water. It is likely that the costs associated with continued use by the Trotters, well exceeds their current lease fee.

Conclusion

It is considered that the activity of horse training is incompatible with community use of Weigall Oval and is no longer sustainable. The proposed one year extension of the lease will enable the Association time to implement alternative arrangements for access to other facilities.


11.5 Mellor Park Update Brief

This information report updates Members on the current status of Mellor Park Reserve buildings and tenancies. RECOMMENDATION

It is recommended to Council that the report be received. Introduction

Mellor Park is a well developed neighbourhood park located on the corner of Henley Beach Road and White Avenue Lockleys. The park contains a newly upgraded playground and BBQ facilities, a large expanse of open irrigated grass and is well known for its many large Red Gum trees. The western portion of the park contains the Lockleys Memorial Hall, leased to Windsor Theatres, the Lockleys RSL building, the Lockleys Senior Citizens Clubrooms, the Mellor Park Tennis Clubrooms, public toilets and an old Child and Family Health Service (CAFHS) building presently leased to the Tennis Club. There are also six (6) tennis courts under lease to the Mellor Park Tennis Club with the two (2) southern courts open for community use (Attachment 1). The Park is used for many functions including the annual Christmas carols festival, 'Back to Bethlehem', and is a popular venue for community picnics and weddings. As part of Council's strategy to develop a network of community hubs across the City of West Torrens, Mellor Park is proposed as a site for a small Council managed community centre (Priority 5). Discussion 1. Lockleys RSL. The land and building are owned by the RSL. The Lockleys RSL are party to

the negotiations to amalgamate the local clubs and to build a new purpose built facility as part of the Civic Centre precinct redevelopment. It is proposed that this property will be purchased from the RSL once negotiations are completed.

2. Lockleys Memorial Hall was originally part of the RSL complex however, in the early 1990s

the RSL transferred the building ownership to the Council on condition it be retained for community use. The building is presently leased to Windsor Theatres on an annual (one year plus one year) licence which expires in May 2012. The future of the theatre business is unsure with the owner reporting declining attendance and increased costs. Future use of the building and options for its use are limited by lack of parking and aging infrastructure.

3. Lockleys Senior Citizens. Whilst no decision has been made on the future of the Club, it is

noted that membership is declining and that the building requires considerable upgrade to comply with current building codes and standards.

4. The Mellor Park Tennis Clubrooms are occupied under lease until March 2014. The

building is in poor condition and again requires considerable upgrade. The Club also lease the six (6) tennis courts, two (2) of which remain open for community use. In recent times, competitive tennis has been prohibited because of the poor surface condition of the courts. As part of the 2010/11 budget, funds were allocated to contribute one third of the reconstruction costs however Tennis SA has advised that it will now not contribute to the costs because of concerns about the impact of several of the Red Gums adjacent to the courts and the likelihood of ongoing damage by the trees. Negotiations regarding the future of the Club and the courts are continuing.


5. The public toilets located at the rear of the tennis clubrooms are isolated from the Park, are

dark and dingy and require considerable expense to bring them up to an acceptable and compliant standard.

6. The old CAFHS building is now leased by the Mellor Park Tennis Club as additional

clubrooms. The building is one of the original child care facilities and is in reasonable condition. Plans have been drafted to ultimately convert the building to provide an improved and compliant toilet facility for the Park.

Conclusion

It can be noted that the future of all the buildings located at the western end of Mellor Park is uncertain. Long term opportunity to rationalise the buildings, to improve the open space and community use is evolving and careful planning is required to ensure maximum community benefits are facilitated through this process. Whilst Council is obliged to maintain the buildings to an acceptable and safe condition, maintenance is kept to essential items only. Tenure on the buildings is also kept at yearly renewals. Further advice on the future of the Mellor Park Tennis Club will be provided in due course.


ATTACHMENT 1


11.6 Birkalla Soccer Club - Renewal of Lease for Portions of Camden Oval Brief

This report seeks Council authority to renew the lease for defined portions of Camden Oval to the West Torrens Birkalla Soccer Club. RECOMMENDATION(S)

It is recommended to Council that: 1. The West Torrens Birkalla Soccer Club Inc be granted a five (5) year lease for use of

defined areas of land and buildings at Camden Oval with a right to renew for a further five (5) years subject to compliance to agreed conditions.

2. The annual lease fee be $3,200 plus GST and increased annually by CPI. 3. The Mayor and Chief Executive Officer be authorised to sign all documentation under the

Common Seal of Council. Introduction

The West Torrens Birkalla Soccer Club occupy, under lease, land on the Morphett Road frontage of Camden Oval comprising two (2) soccer pitches, clubrooms, car parking and spectator areas (Attachment 1). Their existing lease has expired and the Club has requested renewal. Discussion

The Birkalla Soccer Club is a strong and successful community sporting club who have worked well with Council to develop and maintain facilities at Camden Oval. They have complied with all Council requirements and have paid all fees and charges required under their existing lease. The proposed lease is consistent with the requirements of the Local Government Act 1999 and with Council's Community Land Management Plan for Sports and Recreation Grounds. As the tenure proposed is within the legal requirements and there is no substantial change in the use of the land, public consultation is not required. Additional clauses have been included in the lease schedule requiring the Club to adopt appropriate environmental practices to conserve energy, minimise water use, reduce waste and prohibit the business use of community land as required under section 200 of the Local Government Act 1999. The proposed lease fee is $3,200 plus GST and CPI (previously $2,600) and requires the Club to pay all outgoings, rates and taxes (excluding Land Tax) and clearly defines maintenance responsibilities and conditions of use. Conclusion

The renewal of the lease to the West Torrens Birkalla Soccer Club enables continuation of sporting activities at Camden Oval and provides security of tenure to enable the Club to operate and grow.


ATTACHMENT 1


11.7 Urban Services Activities Report Brief

To provide Elected Members with information on activities within the Urban Services Division.

RECOMMENDATION

It is recommended to Council that the Activities Report be received.

CITY ASSETS

Summary

This report details the activities of the City Assets Department up to the month of June 2011

Special Project Work

Stage 2 – Cowandilla Mile End Outfall Stormwater Drain Upgrade

The design consultant is continuing the detailed design of the proposed works, and a meeting is scheduled for early June with the consultant to finalise the details. Preparation of the 'Site Licence Agreement', for the use of the land necessary to accommodate the works in this stage, is being progressed with Adelaide Airport Limited.

Shared Path Bridge and Associated Works – Cowandilla Mile End Outfall Stormwater Drain Upgrade

Council Administration is awaiting information from the Department for Transport, Energy and Infrastructure (DTEI) to enable the progression of the necessary alteration to the intersection of Sir Donald Bradman Drive and Tapleys Hill Road to accommodate additional pedestrian crossing ability. Tenders for the supply and construction of the bridge proposed over the outfall drain have been evaluated and the Contract will be awarded during the week beginning 30 May 2011.

Stage 9 - Cowandilla Mile End Stormwater Network Upgrade

On site works have commenced in Falcon Avenue, which has seen the closure of sections of the street to through traffic. With the majority of drainage works completed in the section of Tarragon Street between Bagot Avenue and Ebor Avenue, the contractors will shortly commence the reconstruction of Tarragon Street including the construction of the bio filtration pods.

Stage 10 & 11 - Cowandilla Mile End Stormwater Network Upgrade

Detailed design and documentation on these stages of the Cowandilla Mile End Stormwater Network Upgrade is continuing.

Adelaide Central Reinforcement Program and Associated ETSA Works

Works on the ETSA components of this project in the Keswick area are continuing. The first transformer was delivered to the site at 3.00am Wednesday 25 May 2011.

Continuing through May/June 2011 works will occur in Railway Terrace and Croydon Road either side of the intersection with Richmond Road.

ETSA have been undertaking consultation with affected properties and stakeholders.


Brown Hill Creek Remediation Works

Council has allocated funds to undertake maintenance repair works along sections of watercourse within the control of Council. The Stormwater Management Authority has also allocated an amount of funding to assist in these works. The scope of these works is to maintain the existing integrity and capacity of the system. After a walkover of the entire system a priority listing of types and locations for maintenance was developed and subsequently approved by the Stormwater Management Authority. Design Engineers have been engaged to develop the necessary design work and documentation for the half dozen locations identified as having the highest priority. It is envisioned for the Construction Contract for these works to be tendered and awarded by the end June 2011.

Urban Forest Thebarton Project

Plans for the detailed design of the finished landscape site works are progressing, with design of the civil site works having been completed. The design of the West Torrens Council section of road reserve upgrade has commenced. A further report to Council will be provided once the final design has been received.

Holland Street Bridge

The final report was received by Council's Consulting Engineers on Friday 27 May 2011. A review of the findings will be undertaken by the Administration of both Councils with a subsequent report to Council being tabled at the June meeting.

River Torrens Breakout Creek, Stage 2

In the Urban Services Activity Report to Council on 1 March 2011, the Administration were notified by the Adelaide and Mt Lofty NRM Board and the Contractor (BMD) that works will be commencing to constructed the footbridge as part of the original Stage 2 works. Further notification was received in late May confirming works have progress to near completion of the project with an expected opening to pedestrians in early June once the footpath, line marking, signage and kick-rails for the footbridge have been completed. There is no planned official opening for the footbridge by the Board at this stage.


Parking and Traffic Management

Parking Walsh St Thebarton

Business request – install Loading Zone due to regular driveway obstruction. Control (Previous) – Unrestricted Control (New) - Loading zone (36.5m)

Parking Anderson Street Thebarton

Business request – install Disabled Driver parking zone for client access. Control (Previous) – Unrestricted Control (New) - Parking - disabled driver permit holders only (7.5m)

Parking Selby Street Kurralta Park

ARR compliance – rescind redundant zones (Aust Road Rules apply) Control (Previous) – No stopping, Private vehicles excepted (26m) & (73m) Control (New) – Unrestricted

Parking Rose Street Mile End

Resident request – install time limit zones x 3 to control excessive non-resident parking. Control (Previous) – Unrestricted Control (New) - 2P 8am–5pm Mon–Fri (132m), (276m), (268m)

Parking Parker Street Mile End

Resident request – install time limit zones x 6 to control excessive non-resident parking. Control (Previous) – Unrestricted Control (New) - 2P 8am–5pm Mon–Fri (37m), (35m), (18m), (41m), (53m), (29m)

Parking Devon Street Mile End

Resident request – install time limit zones x 2 to control excessive non-resident parking. Control (Previous) – Unrestricted Control (New) - 2P 8am–5pm Mon–Fri (169m), (169m)

Parking Herbert Road Ashford

Resident request – extend time limit zone to control excessive non-resident parking. Control (Previous) – Unrestricted (24m) & 1/2P (84m) Control (New) – 1/2P (108m)

Parking Wongala Avenue Glenelg North

Installation of No Stopping on southern side of Wongala Avenue at the corner outside property number 16 and 18 Wongala Avenue, to improve sight distance and safety of vehicles travelling around the corner. Control (Previous) – Unrestricted Control (New) – No Stopping (14m)

Parking Lindsay Street Plympton

Installation of No Stopping on northern side of Lindsay Street at the corner outside property number 37 and 39 Lindsay Street, to improve sight distance and safety of vehicles travelling around the corner. Control (Previous) – Unrestricted Control (New) – No Stopping (6m)

Padget Street Plympton

Installation of a Give Way sign and associated line marking on Padget Street at the junction with Lindsay Street to improve the safety of the junction.

Harley Pearson Lane Thebarton

Council recently took ownership of Harley Pearson Lane and has resurfaced it. Due to the narrow width of the laneway and minimal properties that back onto the laneway, it has been proposed to make the laneway one way from Pearson Street and the church car park (140m in length). Properties in the street have been consulted and no objections have been received.


Tapleys Hill Road and Henley Beach Road Fulham

The Department for Transport, Energy and Infrastructure has started works at the intersection of Tapleys Hill Road and Henley Beach Road to improve the safety and capacity of the intersection, as approved by Council at its meeting on the 1 March 2011 (item 11.3). The work involves increasing the length of the right turn bays and having these movements controlled by the traffic lights. The work will mean that right turn movements into and out of Weetunga Street will be prohibited. The work will also involve the placement of a bike lane on Henley Beach Road to the west of the intersection.

ETSA Works in Keswick

ETSA Utilities are currently undertaking works in Keswick and Mile End South to replace their existing cable and strengthen the network. Work is currently occurring on Richmond Road and involves, at times, the closure of Croydon Road, Marlow Road and Eton Road. In June works will occur on Railway Terrace and Croydon Road at the intersection with Richmond Road. ETSA will and have been undertaking consultation with affected properties and stakeholders.

Road Safety Group Keep Your Distance Campaign

The City of West Torrens via the Road Safety Group distributed 'Keep Your Distance' stickers and flyers to the community at the Centro Kurralta Park shopping centre on Saturday 21 May 2011, to remind motorists to maintain a safe following distance to the vehicle in front of them.

Capital Works Program

Kerb & Gutter Program - 2010/2011

The Kerb and Gutter Program is continuing, programmed works within the following streets have been completed:

Marlow Road, Keswick Anthus Street, Lockleys Arden Avenue, Lockleys Autumn Avenue, Lockleys Huelin Street, Lockleys Carlow Avenue, Lockleys Malurus Avenue, Lockleys Hawthorne Street, Lockleys Roeburn Street, Lockleys Drummond Street, Brooklyn Park Gertrude Street, Brooklyn Park Lyon Street, Brooklyn Park

Programmed works within the following streets are currently in progress:

Light Terrace, Thebarton Farnham Road, Keswick Bignell Street, Richmond Salisbury Street, West Richmond

Road Reseal Program - 2010/2011

The road reseal program is continuing, with works within the following streets completed:

Blackburn Avenue, Hilton Spencer Street, Hilton Northcote Street, Torrensville Howie Street, Torrensville Clifford Street, Torrensville Richard Street, Brooklyn Park Kennedy Street, Brooklyn Park


Road Reconstruction Program – 2010/2011

The following is an update of the current road reconstruction projects: Stonehouse Ave – Works are currently in progress. Works include

kerb and gutter replacement and pavement reconstruction. The contract works for the road reconstruction of Kintore Street is

completed, with Victoria Lane in progress with approximately 70 percent of the project completed.

Galway Ave, Marleston – Detail design and contract documentation is complete for Galway Avenue road reconstruction. Tenders will be called during the second week of 11 June 2011.

Harley Pierson Lane, Thebarton, works completed. Fisher Place, Mile End – works have commenced with

approximately 50 percent of the project completed. Tarragon Street, Mile End – Construction is scheduled concurrently

with the stormwater drainage project currently underway.

Footpath Program - 2010/2011

The current status of the footpath program is as follows: Henley Beach Road, Brooklyn Park – Completed Arabian Avenue, West Beach – In progress Cambridge Avenue, West Beach – In progress Anzac Highway, Plympton – In progress Sir Donald Bradman Drive, Cowandilla - Completed

Drainage Pump Station – Chippendale Ave, Fulham

Works have been continuing on this project which included the review and investigation of the existing storm water pump station and drainage catchment, with a new final design expected to be completed by June 2011. A project budget submission from the preliminary design has now been included in the draft budget for 2011/2012. Subject to final budget approval, works are expected to commence early in the 2011/12 financial year.

Playground Upgrade - 2010/2011

The status of the playground upgrade projects for 2010/2011 are as follows:

Westside Bikeway (Creslin Tce), Camden Park – Completed Mellor Park, Lockleys – Completed Mile End Common, Mile End – Completed

The installation of gym equipment on the Westside Bikeway (McArthur Ave), Plympton, is scheduled for July 2011.

Reserve – Irrigation Upgrades for 2010/2011

The current status of the reserve irrigation upgrades is as follows: Western Youth Centre – Works are currently in progress Apex Park - Scoping and obtaining quotes for works Mellor Park – Works are currently in progress.


Glenelg to Adelaide Parklands (GAP) Pipeline Project – Use of Recycled Water for Irrigation on Council Reserves

Richmond Oval Pipeline Project, the status of the GAP to Richmond Oval Pipeline Project is as follows:

The pipeline has passed the pressure test, but still pending final auditing and compliance works to be completed by the contractor (BJ Jarrad Pty Ltd) before final connection can occur to the oval’s irrigation.

Additional works were required by SA Water before connection to the irrigation system to ensure compliance, (between the potable and non-potable water systems).

Reserves – Council Area, South/Western Quadrant: At the Council Meeting on 1 February 2011, Council approved the feasibility concept study in the use of recycled water on reserve areas in the south-western quadrant (suburb areas of Novar Gardens, Netley). Final detailed design works are underway with an expectation to complete the final pipeline design by June 2011. On completion of pipeline design the project works are expected to commence in early July/August 2011. The aim is to ensure the entire pipeline has been installed to the reserves prior to summer 2011/12. Works have also been completed installing the new sub-surface irrigation on Lindfield Reserve that will be suitable to connect with recycled water. The Administration is also currently updating the site concept plan for Lindfield Reserve. Once the draft has been completed further information will be provided. Reserves – Western Youth Centre: Final detailed design works are in progress to extend the recycled water pipeline from the Richmond Oval (connection point) to the Western Youth Centre. Construction works are expected to commence in 2011/2012 subject to budgetary approvals.


CITY WORKS

Summary This report details the activities of the City Works Department up to the month of June 2011. Civil and General Maintenance

Monthly Update

Concrete Footpath 468m² Brick Paving Footpath 17m2 Concrete Kerbing & Inverts 99m Road Repairs 879m² Verge Reinstatement 10m² Graffiti Removal

Council property 34 locations (104m2) Private property 144 locations (613m2) Bus stops 16 locations (28m2)

Line Marking New Work 2,930m Reinstatement 2,062m

Signage Regulatory 31 Street nameplates 5

Drainage and Cleansing Services

Monthly Update

Side Entry Pit Cleaning (SEP) Ongoing Street Sweeping Industrial Program

DTEI & Main Roads Program Residential Program

Pump Station inspections

Chippendale Completed Glenelg North Completed Riverway Completed

Illegal rubbish dumping 13t Road Sweepers 93t

Horticulture Services

Monthly Update

Trees Pruned 581 Removals 38 Weed Control (Reserves) 818 l Weed Control (Traffic Controls) 219 l Weed Control (Verges/Fence lines) 14,228 l


PROPERTY SERVICES

Capital Projects DDA upgrades program

The final component of the 2010/2011 DDA works program comprising modifications to the Civic Centre customer service area and public toilet access has been completed.

Asbestos Removal program

The final component of the 2010/2011 Asbestos Removal program comprising removal of asbestos from Thebarton Theatre has been completed. These works were undertaken as part of the facade upgrade works which are scheduled to be completed by the end of June.

Electrical Compliance upgrades

All electrical compliance works scheduled for 2010/2011 have been completed.

Other Updates

West Torrens Camera Club

The West Torrens Camera Club, who have for many years operated from Kandahar, have ceased operating. Under the Associations Incorporation Act 1985 and their constitution, funds remaining in their account have been transferred to Council.

Plympton Tennis Club

The Plympton Tennis Club who lease courts and buildings at Weigall Oval have advised that the Club has ceased operating because of lack of membership. Options for the future use of the area will be the subject of a future report to Council.

Revocation of Community Land classification

The public consultation period for the Hayhurst RSL and Davis Park in Long Street Plympton has commenced. Submissions close on Friday 10 June 2011. The outcome of the consultation will be the subject of a future report to Council.

Cummins House restoration works

The State Government Heritage Unit has agreed to fund works comprising some $20,000 to undertake restoration and conservation works at Cummins House.


12. MEETING CLOSE

GOVERNANCE STANDING COMMITTEE 7 June 2011

I N D E X

1. MEETING OPENED ....................................................................................................... 1

2. PRESENT ....................................................................................................................... 1

3. APOLOGIES ................................................................................................................... 1


5. CONFIRMATION OF PREVIOUS MINUTES ................................................................. 1

6. COMMUNICATIONS BY THE CHAIRPERSON ............................................................ 1





11. GOVERNANCE DIVISION REPORTS ........................................................................... 2

11.1 Ramindjeri Native Title Claim ............................................................................. 2

11.2 Audit Committee Training ................................................................................... 5

11.3 Legislative Progress Report - May 2011 ............................................................ 7

12. MEETING CLOSE ........................................................................................................ 11

GOVERNANCE STANDING COMMITTEE 7 June 2011 Page 1

1. MEETING OPENED

2. PRESENT

3. APOLOGIES


Council Members

Cr Farnden

4. DISCLOSURE STATEMENTS

The following information should be considered by Committee Members prior to a meeting: 1. Consider Section 73 of the Local Government Act and determine whether they have a conflict




Item Elected Member

5. CONFIRMATION OF PREVIOUS MINUTES

RECOMMENDATION That the Minutes of the meeting of the Governance Standing Committee held on 3 May 2011 be confirmed as a true and correct record.

6. COMMUNICATIONS BY THE CHAIRPERSON


Nil 8. QUESTIONS WITHOUT NOTICE


Nil 10. MOTIONS WITHOUT NOTICE


11. GOVERNANCE DIVISION REPORTS

11.1 Ramindjeri Native Title Claim Brief

This report provides an update on the status of the current Ramindjeri Native Title Claim. RECOMMENDATION

It is recommended to Council that it endorses the lodgement of the Form 5 to become a party to the Ramindjeri Native Title Claim. Introduction

At its 14 December 2010 meeting, Council was advised of the lodgement of a Native Title Claim with the Federal Court of Australia by the Ramindjeri people and that this claim overlaps the current, registered Native Title Claim by the Kaurna people. At that meeting, Council resolved to become a party to the Ramindjeri Native Title Claim once it had been registered with the Federal Court. Discussion

While the National Native Title Tribunal has not yet accepted the Ramindjeri claim for registration, the Ramindjeri claim continues to be an active matter before the Federal Court and the only way in which Council is able to make submissions and applications to the Federal Court in relation to the Ramindjeri claim is for the Council to become a party to the claim. Council is already a party to the Kaurna Native Title Claim. There is only a small window of opportunity during which Council can become a party to this claim, the middle of June 2011 in this instance, by submitting a Form 5. If a Form 5 is not filed with the Federal Court within the specified time then Council would need to make an application to the Court to be joined as a party at a later date, if it so wished, which is a much more complex and costly process. Consequently, Norman Waterhouse Lawyers, who is acting on behalf of Council in this matter, has lodged a Form 5 with the Court requesting that Council become a party to the proceedings (Attachment 1). Conclusion

Given Council has care and control of five parcels of Crown land that may be subject to native title, it is prudent for it to become a party to the Federal Court proceedings in relation to the Ramindjeri claim so that it can have some input into how these proceedings affect its rights in relation to these parcels of land.


ATTACHMENT 1


11.2 Audit Committee Training Brief

The Australian Institute of Company Directors will be holding a Directors Briefing on the roles and responsibilities of Audit Committees at the InterContinental, Adelaide on Thursday 16 June 2011 from 5.30pm-7.30pm. RECOMMENDATION

It is recommended to Council that it approves, subject to their confirmation, the attendance of Cr A Mangos Cr M Farnden Mr R Haslam Mr M Harris Mr A Bolaffi as members of the Audit and Risk Committee, at the Australian Institute of Company Directors Briefing at the InterContinental, Adelaide on 16 June 2011. Introduction

The Australian Institute of Company Directors (AICD) has advised that it will be hosting a Director's Briefing entitled: 'Audit Committees: delve into the workings and challenges of an audit committee' at the InterContinental, Adelaide on Thursday 16 June 2011 from 5.30pm-7.30pm. Discussion

The Briefing will comprise a panel discussion facilitated by Dr Amanda Rischbieth. Other panellists are listed in Attachment 1. The panel will discuss the workings and challenges of an audit committee with a focus on good governance and fiscal responsibility. The cost of the briefing is $65.00 per attendee. Cr A Mangos, Cr M Farnden, Mr R Haslam, Mr M Harris, and Mr A Bolaffi, are members of the Audit and Risk Committee. Cr Mangos is the Chairperson of this Committee. Both Crs A Mangos and M Farnden have indicated their interest in attending this training session.


ATTACHMENT 1


11.3 Legislative Progress Report - May 2011 Brief

This report identifies the status of proposed legislative changes, affecting local government, dealt with in Parliament or the Government Gazette in the preceding month. RECOMMENDATION

It is recommended to Council that this report be received.

Introduction

This report provides a monthly update on the progress of Bills through Parliament using Parliament’s defined stages as set out in Attachment 1 as well as items contained within the Government Gazette that relate to the City of West Torrens.

Discussion

The notable legislative amendments for the preceding month are as follows:

Proclamation of Legislation - Summary

Local Government (Financial Management) Regulations 2011 [Under the Local Government Act 1999] These Regulations replace the Local Government (Financial Management) Regulations 1999 and came into operation on 1 May 2011. The changes reflect improvements in accounting practices and financial accountability mechanisms requiring Elected Members to be provided with an annual report showing actual financial results relative to the estimated financial results set out in the original adopted budget (the latter being the basis for council rating decisions). The CEO must certify the financial statements, and specify that they comply with relevant legislation and Australian Accounting Standards. The statements must present a true and fair view of Council's financial position, the results of its operations and its cash flows for the financial year. Evidence of internal controls implemented will provide a reasonable assurance that records are complete, accurate and reliable and were effective throughout the financial year. A copy of the Regulations was provided to Members on 27 May 2011. Health and Community Services Complains (Miscellaneous) Amendment Act (Commencement ) Proclamation 2011 [Amendment to the Health and Community Services Complaints Act 2004] This was included in the Legislative Progress Report to Council for March and April 2011 as a Bill. This Act is now in operation (as of 19 May 2011). The main amendments are: Requirements for an additional principle in the Charter of Health and Community Services

Rights. The ability to enable the Health and Community Services Complaints Commissioner to

require a health or community services provider to provide information to the Commissioner about what action they have taken, or plan to take, in regard to matters that the Commissioner has raised with them.

Increased protection of the identity of a service user or complaint. The ability to enable the Commissioner to work co-operatively with complaints resolution

bodies established under the Commonwealth Government Aged Care Act 1997. Expansion of the membership of the Health and Community Services Advisory Council.


Environment Protection Variation Regulations 2011 [Under the Environment Protection Act 1993] These Regulations come into operation on 1 July 2011 and present a variation to the Environment Protection Regulations 2009. The changes relate to the benefits of accreditation through the EPA Board and clarification of the application and authorisation process. Development (Building Rules Consent - Disability Access) Amendment Bill 2011 [Amendment to the Development Act 1993] This was included in the Legislative Progress Report to Council for April 2011. The Bill was introduced to the House of Assembly on 6 April 2011 seeking to amend Section 53A of the Development Act 1993 and notifies that references to prescribed times and requirements for disability access can be found at Regulation 80 and 80A of the Development Regulations 2008. Current Status: The second reading of this Bill was adjourned. Work Health and Safety Bill 2011 (SA) [Supporting the national model - Work Health and Safety Act] This Bill was included in the Legislative Progress Report to Council for April 2011. The Bill was withdrawn from South Australian Parliament on Tuesday 3 May 2011.

Conclusion This report on legislative amendments is current to 30 May 2011.


ATTACHMENT 1


12. MEETING CLOSE

Notice of Council & Committee Meetings · 7 June 2011 Page 1 1. MEETING OPENED 1.1 Evacuation...

Documents

Transcript of Notice of Council & Committee Meetings · 7 June 2011 Page 1 1. MEETING OPENED 1.1 Evacuation...