NOTICE OF COUNCIL MEETING - Amazon S3...2012/07/24 · the proposal to install an entry to the...

NOTICE OF COUNCIL MEETING

TO: Mayor Deputy Mayor

Brian Sambell David Hughes

Councillors Kevin Fischer Diane Fraser Scott Fraser Dianne Hockley Paul Koch Barry Neylon Karen Redman Adrian Shackley Brian Thom

NOTICE is hereby given pursuant to the provisions of Section 83 (1) of the Local Government Act 1999, that the next ordinary meeting of the Council for the Town of Gawler will be held in the Council Chamber, Town Hall, 89 Murray Street, Gawler, on Tuesday 24 July 2012, commencing at 7pm. A copy of the Agenda for the above meeting is supplied as prescribed by Section 83 (3) of the said Act.

......................................... Stephen Kerrigan Chief Executive Officer 19 July 2012

COUNCIL MEETING AGENDA 24 July 2012

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TOWN OF GAWLER

Meeting of the Council for the Town of Gawler to be held on Tuesday 24 July 2012 at 7pm in the Council Chamber, Town Hall, 89 Murray Street, Gawler. (Note: Council meetings are subject to a three-hour time limit; with one extension of up to a further 30 minutes).

A G E N D A 1. Statement of Acknowledgement

Mayor: We would like to acknowledge this land that we meet on today is the traditional lands for the Kaurna people and that we respect their spiritual relationship with their country. We also acknowledge the Kaurna people as the custodians of the greater Adelaide region and that their cultural and heritage beliefs are still as important to the living Kaurna people today.

2. Attendance Record

2.1 Roll Call

2.2 Apologies

2.3 Motions to grant Leave of Absence Mayor Brian Sambell

2.4 Leave of Absence Mayor Brian Sambell Cr Brian Thom

3. Confirmation of Minutes

3.1 Council Meeting 26 June 2012 (Folio 181-206) 3.2 Special Council Meeting 27 June 2012 (Folio 207-209) 3.3 Special Council Meeting 28 June 2012 (Folio 210-213) 3.4 Special Council Meeting 5 July 2012 (Folio 214-218)

4. Business Arising from Minutes 5. Petitions Nil 6. Deputations Nil 7. Public Open Forum

(Limited to a total time of up to 20 minutes)


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8. Notices of Motion Nil 9. Questions on Notice Nil 10. Officer Reports Page No.

10.1 Monthly Finance Report (June 2012) 4

10.2 Gawler Amateur Swimming Club – New Agreement 5-13

10.3 Gawler River Floodplain Management Authority – Business Plan and Draft Budget 2012-2013

14-15

10.4 By-Laws Review 16-17

10.5 Flag Marshalling – Rotary Club of Gawler 18-28

10.6 Consent to Agree to a Land Management Agreement 29-32

10.7 CEO Recruitment Process 33-46

11. Recommendations from Committees

11.1 Gawler Volunteering Advisory Committee Meeting – 20 June 2012

47

11.2 CEO PMP Meeting – 3 July 2012 47

11.3 Corporate & Community Services Committee Meeting – 10 July 2012

47-48

12. Questions without Notice 13. Motions without Notice 14. Progress Report

For information only. 15. Elected Member Reports

15.1 Cr David Hughes 49-56


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16. Confidential Reports Page No.

16.1 Legal Fee and Expert Witness (Environment, Resources and Development Court) Expenditure Request

57

17. Closure 18. Next Ordinary Meeting Tuesday 28 August 2012, commencing 7pm


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10. Officer Reports Item Number 10.1 Title MONTHLY FINANCE REPORT (JUNE 2012) Date 24 July 2012

Author(s) Finance Manager (Paul Horwood)

File CC10/3355

Previous Reference/ Motion NIL

Background Presentation of Monthly Finance Report, in accordance with Clause 4.1.4.6 of Council’s Budget Management Policy.

Attachment(s) Under Separate Cover Monthly Finance Report as at 30 June 2012 Comments/Discussion An Executive Summary outlining the interim financial performance against the 2011/2012 budget (as at 30 June 2012) is included within the report. The audited financial statements will be presented to Council on completion. Communication Nil Consultation Nil Policy Implications Policy 6.1: Budget Management Policy Statutory Requirements Nil Financial/Budget Implications The cost of preparing the Monthly Finance Report is accommodated within the Employee Costs budget for the Financial Services team. The preparation of the report promotes financial accountability of the Council’s financial operations. Strategic Implications Outcome 5.3 – Responsible Government OFFICER’S RECOMMENDATION Item 10.1 – Monthly Finance Report (June 2012) (CC10/3355) That the Monthly Finance Report as at 30 June 2012 be received.


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Item Number 10.2 Title GAWLER AMATEUR SWIMMING CLUB – NEW

AGREEMENT Date 24 July 2012 Author(s) Director Corporate & Community Services (Vic Izzo)

Reference CC10/2503

Previous Reference/ Motion Council 20/12/2011 Motion No:2011:12:377 Council 27/03/2012 Motion No:2012:03:072 Council 24/04/2012 Motion No:2012:04:106

Background At the meeting on Tuesday 24 April 2012 Council resolved (Motion No: 2012/04/106) as follows:

1. The Gawler Amateur Swimming Club Inc. – New User Agreement report be received.

2. Council accepts the fee of $6,500 (plus GST) in lieu of the existing fee of $9,265 (plus GST) for 2011/12 financial year, with the budget shortfall to be declared as a revenue shortfall at the Third Budget Review 2011/12.

3. Council wishes time to study the more detailed Alan Male report before

dealing with a new arrangement for the Gawler Amateur Swimming Club. Since the Council meeting an Elected Member Workshop was held on Wednesday 20 June 2012 which covered three issues including the report prepared by Mr Alan Male of AMA Leisure, the consultant engaged by Council, to provide strategic advice on the operations of the Gawler Swimming Centre and the Gawler Sport & Community Centre. In undertaking the consultancy Mr Male also provided Council with advice on other matters including a new fee proposal for the Gawler Amateur Swimming Club Inc. This report is presented for the consideration of Council in accordance with the above resolution.

Attachment(s) Attachment 1 – Item Number 10.1 Council 27 March 2012 Gawler Amateur Swimming Club Inc. – New User Agreement. Comments/Discussion As Members would be aware there has been much discussion and debate on this issue including the workshop on 20 June 2012 at which Mr Alan Male gave a presentation on his proposal and answered questions. Essentially the new arrangement will include:

1. User Agreement The existing Licence Agreement will be replaced by a User Agreement for the reasons stated in the report dated 27 March 2012 contained in Attachment 1.


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2. Fee structure The new fee structure is contained in Attachment 1. The Council resolved (Motion No: 2012:04:106) to accept a reduced fee of $6,500 (plus GST), a reduction of $2,765 (30%) for the 2011/12 financial year.

3. Joint Use Arrangements The joint use arrangements are contained in the Attachment.

4. Centre Lockup Once the Club has completed its use of the pool, Council staff will lock up the facility.

5. Emergency Evacuation Procedure Council staff will provide the emergency evacuation procedure and training to Club nominated representatives.

6. Pool Covers Council staff will be responsible for removing and placing the pool covers on pool.

7. Meeting Room Hire Fee The Club President, Mr Graeme Williamson, has proposed a fee based on usage, for meetings which are between 1.5 to 2 hours duration and has suggested a set fee of $20 (including GST) for a two hour meeting. The Director Corporate & Community Services has emailed Mr Williamson stating that he believes that the proposed fee is acceptable and will recommend that Council accepts this, however he has made it clear that Council is in the process of undertaking a review of hire fees for Council owned facilities which could result in an amendment to this fee.

8. After Hours Access In the 27 March 2012 report to Council staff recommended that Council provide two secure access points so that the Club could have access to the meeting room and storage facility. The Club was concerned that it did not have access to toilet facilities, however this issue has now been resolved by the proposal to install an entry to the Men’s toilet which convert to a unisex toilet during the Club’s meeting hours. The cost of the proposal is approximately $1,750 and has been included as bid 24 in the Draft 2012/13 Budget.

The Director Corporate & Community Services believes that all concerns raised by the Club have been satisfactorily addressed and that there are no further barriers which will prevent the Club and Council from signing a new User Agreement. Communication Not applicable Consultation There have been many meetings during the process of reaching the point where a new User Agreement can be executed. These meetings have included Club representatives, a number of Councillors, the Mayor, consultant Mr Alan Male and the Director Corporate & Community Services.


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Policy Implications Nil Statutory Requirements Nil Financial/Budget Implications The financial impact for 2011/12 following the decision by the Council to reduce the hire fee from $9,295 to $6,500 is lost revenue of $2,765. The revenue from the new fee structure for 2012/13 is estimated to be $7,500. Strategic Implications Outcome 2.2 – Services and facilities that meet community needs Outcome 2.3 – A Local Government that is financially viable Outcome 3.4 – An active community Outcome 3.5 – A community that is engaging and participating (welcoming) Outcome 5.1 – Sustainable financial management Outcome 5.4 – Good administration OFFICER’S RECOMMENDATION Item 10.2 – Gawler Amateur Swimming Club – New Agreement (CC10/2503) 1. That the Gawler Amateur Swimming Club – New Agreement report be

received. 2. That Council approves the new fee structure and other conditions included

in this report which will be included as part of the new User Agreement with the Gawler Amateur Swimming Club Incorporated.

3. That Council delegate the responsibility for the operation of the Gawler Amateur Swimming Club Incorporated User Agreement and the review of the annual fees to the Director Corporate & Community Services.

4. That Council authorise the Mayor and Chief Executive Officer to sign and apply the common seal of Council if necessary to all relevant documents in order to execute the documents pertaining to Gawler Amateur Swimming Club Incorporated User Agreement.


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ATTACHMENT 1 Item Number 10.1 Title GAWLER AMATEUR SWIMMING CLUB INC. –

NEW USER AGREEMENT Date 27 March 2012

Author(s) Director Corporate & Community Services (Vic Izzo)

File CC10/2503

Previous Reference/ Motion Council 20/12/2011 Motion No:2011:12:377

Background Members may recall that the renewal of the lease agreement between Council and the Gawler Amateur Swimming Club Inc was considered at the December 2011 Council meeting and the Council resolved as follows:

1. That the Gawler Amateur Swimming Club Inc. – Renew Lease Agreement/Hosting Country Championships in 2013 report be received.

2. Council supports the proposal for the Gawler Amateur Swimming Club Inc. to host the Country Championships in 2013 with details of support to be negotiated.

3. Lease discussion to be deferred to the January 2012 Council meeting.

4. Lease negotiation includes potential use of the Gawler Swimming

Centre for fund raising activities. Since the December 2011 Council meeting Council has engaged Mr Alan Male General Manager AMA Leisure Pty Ltd to provide strategic advice on the operations of the Gawler Swimming Centre and the Gawler Recreation Centre. During this time there have been a number of meetings with the Gawler Amateur Swimming Club Inc. representatives, Council’s Director Corporate & Community Services, Elected Members (Mayor Brian Sambell, Deputy Mayor David Hughes and Cr Kevin Fischer) and when available Mr Male. The most recent meeting attended by the President and a Club representative, Mayor Sambell, Deputy Mayor Hughes, Cr Fischer, was held on Wednesday 12 March 2012. The purpose of this meeting was to finalise any unresolved issues. The purpose of this report is to seek the approval of the Council to replace the existing Lease Agreement with a new User Agreement.

Attachment(s) Attachment 1 – New Conditions of Use


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Comments/Discussion As Members are aware staff have been in negotiations with the Gawler Amateur Swimming Club Inc. (the Club) for some time, resolving a number of issues to the satisfaction of both the Club and Council. Essentially the main features of the new agreement are as follows:

1. User Agreement The existing Licence Agreement will be replaced with a User Agreement. This type of arrangement has been suggested by Mr Alan Male as part of his advice on the operations of the Gawler Swimming Centre. A User Agreement is a much more flexible document which does not require the seal of the Council, is a ongoing arrangement between the Club and Council with an indefinite period and can be adjusted at anytime to meet the changing requirements of the Club or Council.

2. Fee Structure The existing fee structure is based on membership. The existing Licence Agreement requires the Club to remit annual fees of $10,192 (including GST) per annum. The Club as part of the ongoing negotiations has sought a reduction of those fees citing falling membership and increasing expenses. As part of the negotiations Mr Male has suggested a lane hire fee. This gives the Club direct control over the number of lanes it wishes to utilize during training. The normal training period is Monday to Friday (excluding public holidays) between 6.00pm and 7.30pm. Under the proposed fee structure the Club will be able to hire a maximum of six of the seven lanes each weekday. The cost would be $5.50 plus GST per lane for the first hour and $2.75 plus GST for each additional hour or part thereof. The Club would pay $500 plus GST for each carnival. Other fee structure arrangements are contained in the Draft Conditions of Use, which if adopted by the Council would form part of the new User Agreement. While there will be a significant reduction in the annual revenue from the current $10,192 (including GST) to approximately $7,000 (plus GST) this will be largely determined by the number of lane hires. Under the new arrangement, the Club can determine how many of the six lanes it wishes to hire for its training purposes.

3. Joint Use Arrangements Under the new User Agreement the Club would be entitled to have exclusive use of six of the seven lanes of the main pool each weekday (excluding public holidays) between 6.00pm and 7.30pm. The seventh lane will be available to the public for such things as lap swimming.


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There would however be joint use between the Club and the public when the advertised estimated weather forecast is 32 degrees Celsius or above. When the joint use occurs, the Club would have use to a maximum of four lanes with the remaining three lanes available to the public. During days when the forecast is 32 degrees or above the current practice is for the pool to remain open to the public until 8.00pm.

4. Centre Lockup The current practice has been for the Club to place the cover on the main pool and to lock up the Centre. The Director Corporate & Community Services has changed this practice allowing the lockup of the Centre to be undertaken only by authorized Council staff, including agency staff and contractors. This changed in procedure has been made after seeking legal advice and in particular advice from the Local Government Mutual Liability Scheme that continuing to allow the Club to lockup the Centre poses a risk to Council. In order to allow the Club to have extended use of the “Club Room” to conduct business associated with its swimming activities and access to the Club Shed which is used to store Club swimming equipment including a fridge and BBQ it is recommended that Council install external access to these two areas. The Director Corporate & Community Services has been advised that the cost for the provision of these two access points is approximately $2,000 to $2,500 but would provide the Club with a degree of flexibility which would otherwise be denied. If the Club wishes access to other areas of the Centre it would need to make prior arrangements with the Duty Manager. Should this be required after the normal 7.30pm, the Club would be charged $2.75 (plus GST) per lane for each 30 minutes or part thereof for six lanes. The rationale for this is to offset the cost of rostered staff.

It is believed that the replacement of the current Licence Agreement with a User Agreement combined with the new fee structure, flexible conditions of use, including generous concessions to allow the Club fundraising activities at the Centre, Council will be assisting the Club both financially (potentially improving its bottom line by $3,000) as well as providing in kind support by allowing the Club to continue its fund raising activities at the Centre. Should the Council agree to the changes detailed in this report, the new User Agreement can come into effect immediately with the new fee structure to operate from 1 July 2012. It is recommended, that as a show of goodwill Council accept $7,000 plus GST for the 2011/12 financial year. This represents a reduction of $2,265 under the existing fee structure of $9,265 (plus GST).

Communication Not Applicable Consultation Meetings have been held with Club representatives, some Elected Members, staff and Council consultant Mr Alan Male. Policy Implications Nil


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Statutory Requirements Nil Financial/Budget Implications The 2011/12 Budget allows for revenue from the Club of $9,265 excluding GST. Should the Council approve the new fees structure and accept $7,000 in lieu of the $9,265 there will be budget shortfall of $2,265 which will be incorporated into the Third Budget Review 2011/12 which will be presented to the Council in May 2012. Strategic Implications Outcome 2.2 – Services and facilities that meet community needs Outcome 2.3 – A Local Government that is financially viable Outcome 3.4 – An active community Outcome 3.5 – A community that is engaging and participating (welcoming) Outcome 5.1 – Sustainable financial management Outcome 5.4 – Good administration OFFICER’S RECOMMENDATION Item 10.1 – Gawler Amateur Swimming Club Inc. – New User Agreement (CC10/2503) 1. That the Gawler Amateur Swimming Club Inc. – New User Agreement report

be received.

2. That Council approves the use of a User Agreement which will come into effect from 1 April 2012.

3. That Council accepts the fee of $7,000 (plus GST) in lieu of the existing fee

of $9,265 (plus GST) for the 2011/12 financial year, with the budget shortfall of $2,265 declared as a revenue shortfall at the Third Budget Review 2011/12.

4. That the Council delegate responsibility for the operation of the User

Agreement and the review of the annual fees to the Director Corporate & Community Services.


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Attachment 1

Gawler Amateur Swimming Club Inc User Agreement Conditions of Use of the Gawler Swimming Centre

1. The first hour will be charged at $5.50 plus GST. Each additional 30 minutes will

be charged at $2.75 plus GST. The hire start and finishing times will need to be signed off by an authorized Gawler Amateur Swimming Club Inc (to be referred as the Club) official and the Centre Duty Manager.

2. All carnivals to be charged at $500.00 plus GST. Each carnival will be treated as an event and will be required to meet Council’s conditions of an event. Requirements are contained in the Event Resource Kit which is available on the Council website.

3. Fees and charges will be reviewed annually and be adjusted in accordance with the movements in the Adelaide Consumer Price Index (CPI) for the preceding 12 months.

4. The Club has exclusive use of up to six lanes Monday through to Friday (excluding public holidays) between 6.00pm and 7.30pm. The Club must nominate five working days in advance for the upcoming weekly usage. This provides sufficient time for the Pool Supervisor to advertise and promote the availability of any of the six lanes which will not be required by the Club.

5. The Centre Duty Manager will ensure that other Pool users are restricted to the non training areas of the Pool and activities within this area and do not interfere with the Club’s training activities during the times of Shared Use. For example there should not be the use of balls or any other equipment which may interfere with Club swimmers in training.

6. When the advertised estimated forecast temperature for the day is 32 degrees Celsius or above the Club will be restricted to a maximum of four lanes between the normal training hours of 6.00pm to 7.30pm Monday to Friday, excluding public holidays.

7. All inter club, internal time trials and SAPSASA trial will be held during normal Club usage times ie 6.00pm to 7.30pm Monday to Friday, excluding public holidays. Where the events exceed the normal usage times the Club will be charged the rate of $2.75 plus GST for each additional half hour increments for the use of up to a maximum of six lanes. All usage which require the staging of events outside the normal times will be treated as an event and will require an application to Council. In these circumstances Council may wish to make an additional for this usage which will take into account the presence of staff time during the event and lock up.


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8. The Club will negotiate the carnival dates with Council’s Director Corporate & Community Services. The Council will allow the Club reasonable access to set up the facility for the carnival. Where access is required outside the normal Centre opening times the Club will be charged normal training time charges ie $5.50 plus GST for the first hour (or part thereof) and $2.75 plus GST for each additional 30 minutes for the use of six lanes. The start and finish setup times will require signoff by an authorized Club representative and the rostered Duty Manager.

9. During the period between December and January each year the Club will be entitled to hire two lanes of the Pool each Monday, Wednesday and Friday between the hours of 6.30am and 8.00am. During this period standard charges will apply ie $5.50 plus GST for the first hour and $2.75 plus GST for each additional 30 minutes or part thereof. The start and finishing hire times will require sign off by an authorized Club representative and the Centre Duty Manager. Each additional lane required must be advised to the Centre Manager at least five working days to allow sufficient time for the Centre Manager to make the necessary administrative adjustments eg staff roster and advertisements to the public. Each additional lane will be charged in accordance with the normal charge schedule ie $5.50 plus GST for the first hour and $2.75 plus GST for each additional 30 minutes or part thereof. Centre lockup to be undertaken by a person authorized by Council.

10. Council will allocate sufficient space in the Centre to allow the Club to display signage showing its sponsors so as to honour the Club’s commitments with them. This also extends to include the Club’s mobile advertising board which would normally reside near the Pool during the Centre operational hours to promote the Club. All signage must comply with Council’s planning requirements in relation to signage and Occupational Health and Safety. The Centre Manager will have the responsibility to ensure that Council’s requirements are met.

11. The Council will allow the Club use of the “Club Room” to conduct Club business and the Club Storage Shed to stores its equipment at no cost on the condition that the Club does not have entry to other areas of the Centre. The Council will construct external access doors to both the “Club Room” and the Club Storage Shed at no cost to the Club. Where the Club requires access to other areas of the Centre (eg toilets etc) the normal schedule of fees will apply ie $5.50 plus GST for the first hour and $2.75 plus GST for each additional 30 minutes or part thereof. The Centre must be locked up by a person authorized by Council. The Club will be responsible for ensuring that the external doors of the “club Room” and Club Shed are locked at all times after use. Where there has been unauthorised entry to the “Club Room” and it can be demonstrated that this was the result of the Club’s failure to secure the “Club Room” Council will seek reimbursement from the Club for any damage or loss that Council may incur. The Club must keep a record which must be presented to the Council of all out of normal hours use of the “Club Room” and Club Storage Shed.

12. Supervising parents of Club members will be allowed free entry – don’t understand when this would apply – seek clarification from Graeme/Alan.


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Item Number 10.3 Title GAWLER RIVER FLOODPLAIN MANAGEMENT

AUTHORITY – BUSINESS PLAN AND DRAFT BUDGET 2012 - 2013

Date 24 July 2012 Author(s) Acting Governance Officer (Cheryl Douyere)

File CC10/229; CR12/10719

Previous Reference/ Motion Council 28 April 2009 – Motion No: 2009:04:111 Council 25 May 2010 – Motion No: 2010:05:129 Council 24 May 2011 – Motion No: 2011:05:132

Background Council is a member of the Gawler River Floodplain Management Authority (GRFMA) which was formed as a Regional Subsidiary under Section 43 and Schedule 2 of the Local Government Act 1999, by a Charter published in The South Australian Government Gazette on 22 August 2002. The Constituent Councils are the Adelaide Hills Council, The Barossa Council, Town of Gawler, Light Regional Council, District Council of Mallala, and City of Playford. The Authority has forwarded its Business Plan for 2012 - 2015 and its draft budget for 2012 - 2013. These are submitted for Council approval in accordance with Clause 11.2.3 of their Charter.

Attachment(s) Under Separate Cover Attachment 1: Business Plan 2012–2015

Draft Budget 2012–2013 Comments/Discussion Council’s contribution towards the 2012/13 maintenance and operating costs of the Authority will increase from $11,274 to $11,658 per annum (3.4% increase). Communication Copies of the final Business Plan and Budget will be posted on Council’s web page. Consultation Executive Team Manager Finance Policy Implications Nil Statutory Requirements Nil


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Financial/Budget Implications The maintenance and operating contribution of $11,658 is provided for in the draft 2012/2013 budget. Further, Council’s equity share of $26,618 (16.66%) in the projected operating deficit of $159, 772 for the Authority is also incorporated in the 2012/2013 draft budget as ‘Net Loss – Joint Ventures & associates’. Strategic Implications Outcome 3.2: A Safe Community OFFICER’S RECOMMENDATION Item 10.3 – Gawler River Floodplain Management Authority – Business Plan and Draft Budget 2012-2013 (CC10/229) That the Gawler River Floodplain Management Authority be advised the Council agrees to its Business Plan and draft budget for 2012/13.


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Item Number 10.4 Title BY-LAWS REVIEW Date 24 July 2012 Author(s) EA to Director Planning & Infrastructure

(Chris Haynes)

Reference CC10/1627

Previous Reference/ Motion Council 20/12/2011 Motion No.2011:12:386 Council 27/3/2012 Motion No.2012:03:075

Background At its meeting held on 27 March 2012 Council considered a report on By-Laws and resolved:

Motion No: 2012:03:075 That: 1. Council endorses the following draft By-Laws:

a) By-Law No. 1 – Permits & Penalties; b) By-Law No. 2 – Moveable Signs; c) By-Law No. 3 – Roads; d) By-Law No. 4 – Local Government Land; and e) By-Law No. 5 - Dogs as attached to By-Laws Review report for the purposes of public consultation in accordance with Section 249 of the Local Government Act 1999 and Section 90 of the Dog and Cat Management Act 1995.

2. the Chief Executive Officer by authorised to make copies of the draft By-Laws available for public inspection without charge at Council’s Administration Office during ordinary office hours and on Council’s website for a period of no less than 21 days, in accordance with Council’s Policy

3. the Chief Executive Officer be authorised to publish notice informing the public of the availability of the draft By-Laws in the Bunyip newspaper

Attachment(s) (Under Separate Cover) Attachment 1 - By-Laws Numbers 1 - 5 Attachment 2 - Draft Certificate of Validity By-Laws 1 - 5 Attachment 3 - Report to Council- Nation Competition Policy By-Laws 1 - 5 Attachment 4 - Report to Legislative Review Committee By-Laws 1 - 5 Comments/Discussion No comments were received during the period of public consultation on the draft By-Laws. The draft By-Laws were forwarded to Norman Waterhouse Solicitors for certification and documentation relating to the making of By-Laws has now been received. Ratification by Council is now required (Attachment 1) When considering the making of By-Laws the National Competition Policy must be taken into regard, ensuring that a By-Law does not conflict with National Competition Policy and generally not restrict competition (Attachment 3) The By-Laws can only be made by resolution if supported by absolute majority of Members of Council at a meeting with at least 2/3 of Elected Members being present.


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If Elected Members carry the resolution to make the By-Laws a notice must be published in local newspaper/s as well as in the next Government Gazette. By-Laws take effect four months after the date of the Gazette Notice. Council, via its lawyers, must also arrange for the By-Laws to be laid before Parliament within six sitting days after the By-Law has been made. The Legislative Review Committee will consider each By-Law and may request further information or call for witnesses. The Committee will mainly consider procedures and legislative principles and rules but not the policy behind the By-Law. Communication Norman Waterhouse Lawyers Consultation A notice of Public Consultation was placed in The Bunyip dated 9 May 2012, on Council’s website. Consultation period closed on 1 June 2012. Policy Implications Nil Statutory Requirements Section 249 Local Government Act 1999 Dog & Cat Management Act 1995 Financial/Budget Implications Nil Strategic Implications Outcome 3.1 : Well informed community Outcome 5.3 : Responsible government OFFICER’S RECOMMENDATION Item 10.4 – By-Laws Review (CC10/1627)

That:- 1. Council, pursuant to Section 249 of the Local Government Act, authorise

the Chief Executive Officer to sign all relevant documents pertaining to the making of

By-Law No. 1 – Permits & Penalties; By-Law No. 2 – Moveable Signs; By-Law No. 3 – Roads; By-Law No. 4 – Local Government Land; and By-Law No. 5 - Dogs

2. A copy of each By-Law and the Report be presented to the Legislative Review Committee;

3. A copy of each By-Law be forwarded to the Government Printer for inclusion in the Gazette following the Council meeting on 24 July 2012; and

4. A notice be placed in The Bunyip advising the making of each By-Law.


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Item Number 10.5 Title FLAG MARSHALLING – ROTARY CLUB OF

GAWLER Date 24 July 2012 Author(s) Director Corporate & Community Services (Vic Izzo)

Manager Business & Community Services (Jodie Grantham)

Reference CR12/1385

Previous Reference/ Motion NIL

Background Mr Warren Dibben, a Past President of the Rotary Club of Gawler Incorporated, in his letter dated 22 January 2012, is seeking Council approval for the Club or individual members of the Club to raise approved nationally recognised flags at Apex Park and Pioneer Park. The current Flags and Banners Policy (Council Policy 7.1) currently does not allow for third parties to undertake this role. The purpose of this report is to seek Council approval to amend the current policy to:-

1. Permit the Rotary Club of Gawler to perform flag marshalling functions at both Apex Park and Pioneer Park.

2. Reflect the ongoing flying of the Aboriginal flag at the Town Hall. Attachment(s) Attachment 1 – Letter from the Rotary Club of Gawler Attachment 2 – Flags and Banner Policy (Council Policy 7.1) Comments/Discussion The Director Corporate & Community Services has had conversations with Mr Dibben and can see no reason why Council could not allow the Rotary Club of Gawler to undertake this role. The Club is prepared to undertake this voluntary role and all flags flown would be in accordance with the protocol determined by the Awards and National Symbols Branch of the Department of Administrative Services. As is the case for other flag and banner locations (Refer clause 5.2.1 Administration Matters, it would be appropriate for Council to reserve its right to utilise these locations for its own use or other third party use. This is particularly relevant in relation to events such as Australia Day, Reconciliation Week Celebration, Anzac Day etc. Council staff presently undertake flag marshalling duties at the Town Hall. The offer by the Club would greatly assist Council in ensuring that these locations are better utilised aside from special events.


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The Rotary Club of Gawler has donated four flag poles, three located at Apex Park and one at Pioneer Park. Council staff would provide the Rotary Club of Gawler representatives any necessary training required to meet Council guidelines. The recent additional flag poles installed at the Town Hall were funded through a Federal Government grant. Communication Nil Consultation Nil Policy Implications If approved by Council the Flags and Banner Policy (Policy 7.1) would require amendment. Statutory Requirements Nil Financial/Budget Implications Nil Strategic Implications Outcome 1.2 : Well presented Gawler assets Outcome 1.3 : Valued local history and culture Outcome 2.2 : Services and facilities that meet community needs Outcome 3.4 : An active community Outcome 3.5 : A community that is engaging and participating (welcoming)


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OFFICER’S RECOMMENDATION Item 10.5 – Flag Marshalling – Rotary Club of Gawler (CR12/1385) 1. That the Flag Marshalling – Rotary Club of Gawler report be received. 2. That Council approve the offer from the Rotary Club of Gawler Inc. to

undertake voluntary flag marshalling at Apex Park and Pioneer Park in accordance with the Awards and National Symbols Branch of the Federal Department of Administrative Services.

3. That Council approve the amendment of Council Policy 7.1 Flags and Banners to include the Rotary Club of Gawler Inc. to undertake flag marshalling at Apex Park and Pioneer Park by inserting the following clause:

“4.4 Flags to be Flown – Apex Park and Pioneer Park 4.4.1 Two flag locations have been provided with assistance of

Rotary Club of Gawler Incorporated at Apex Park and Pioneer Park. In addition to Council Staff the Rotary Club of Gawler Incorporated are authorised to be flag marshalls at the following sites:-

4.4.1.1 The flagpole at Pioneer Park to be used for the National Flag.

4.4.1.2 The three flagpoles at Apex Park to be used for Nationally recognised flags.

4.4.2 Flag sites will remain available for the use by the Town of Gawler or authorised third parties.”

4. That staff convey to the Rotary Club of Gawler Inc. Council’s appreciation for their offer.

5. That Council approve the amendment of Council Policy 7.1 Flags and Banners, Clause 4.3 by replacing it with the following amended clause:

“4.3 Flags to be flown at Designated Locations Two locations are provided for the flying of flags for governance purposes: Town Hall Balcony and Institute Balcony. 4.3.1 Town Hall Balcony

The Australian National Flag, Aboriginal Flag and the South Australian State Flag will be flown permanently from the flag poles on the Town Hall Balcony.

4.3.2 Institute Balcony Flag poles at this site are only used at this site when directed by the Protocol Unit and facilities satisfy protocol requirements.”


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ATTACHMENT 1


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ATTACHMENT 2 FLAGS AND BANNERS 7.1

Policy Number and Name: 7.1 Flags and Banners

Classification Public – Council Policy

Adopted: 25 May 2010

Frequency of Review: Annual

Last Review:

Next Review Due: May 2011

Responsible Officer(s): Manager Business and Community Services

Council File Reference: R.03.0327

Legislation Authority:

Related Policies:

1. INTRODUCTION

1.1 The Town of Gawler is responsible for the flying of flags and banners in various public locations in the town.

1.2 This role responds to governance responsibilities with respect to recognised

National Flags and the State Flag of South Australia. It also reflects an ongoing interest in the use of flags and banners to add vibrancy and attractiveness to the public realm while promoting a range of events and activities.

1.3 This policy provides the basis for flying flags and banners in several

designated locations, as well as underpinning operational guidelines for policy implementation.

1.4 For the purpose of this policy and its operating guidelines a flag is defined as

a piece of cloth attached by one edge to a staff, rope or pole, and which bears a distinctive design. A banner is defined as a large, stitched cloth or vinyl bearing a design, logo or slogan, strung between two brackets.

2. PURPOSE

2.1 This policy identifies the basis upon which Council enables the flying of flags and banners in public locations in the town. It gives guidance with respect to two categories:

2.1.1 those flown as an expression of Council’s governance responsibilities, and 2.1.2 those flown in response to requests to hire flagpoles or banner sites

managed by Council in the town’s public realm.


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FLAGS AND BANNERS continued 7.1

2.2 The Town of Gawler recognises the significance of certain flags connected to

its governance responsibilities and will utilise designated flagpoles within the town to fly such flags. The flags that are to be flown permanently pursuant to this policy are the Australian National Flag and State Flag of South Australia. Others will be flown as decided by Council from time to time. Flags flown in response to Council’s governance responsibilities will be flown in accordance with relevant legislation and protocol guidelines in force from time to time.

3. OPERATING GUIDELINES

3.1 These operating guidelines support the implementation of flags and banners: 3.1.1 specific requirements applicable to flags and banners flown for either

governance or for hire purposes; and

3.1.2 practical matters such as approval processes and fees, design, construction, and definitions.

4. GOVERNANCE PURPOSES

4.1 Flags may be flown for a governance purpose if they are:

4.1.1 a recognised National Flag (pursuant to the Commonwealth Flags Act 1953, including subsequent Proclamations);

4.1.2 the South Australian State Flag (State Proclamation 1904);

4.1.3 approved for this purpose by specific resolution of Council.

4.2 Key drivers for flag policy relating to “governance” are:

4.2.1 the Commonwealth Flags Act 1953 and relevant Proclamations. This Act formally identified the Australian National Flag, while the Governor-General was authorised to acknowledge other designated flags as “flags of Australia”. This provides a basis for Council’s formal flying of the National Flag, as well as the Aboriginal and Torres Strait Islander Flags (both proclaimed as “flags of Australian” in July 1995);

4.2.2 the South Australian State Flag was authorised by a State

proclamation in 1904 as the State Flag of South Australia. It has not been proclaimed a ‘flag of Australia” under the Flags Act 1953; and

4.2.3 the need to vary standard arrangements from time to time in

response to advice from the Protocol Unit of the Premier’s Department (e.g. NADOC week)

4.3 Flags to be flown at Designated Locations

Two locations are provided for the flying of flags for governance purposes: Town Hall Balcony and Institute Balcony. 4.3.1 Town Hall Balcony

The Australian National Flag and the South Australian State Flag will be flown permanently from the flag poles on the Town Hall Balcony.

4.3.2 Institute Balcony

Flag poles at this site are only used at this site when directed by the Protocol Unit and facilities satisfy protocol requirements.


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FLAGS AND BANNERS (continued) 7.1 5.0 FOR HIRE PURPOSES

5.1 Flags and banners designated for hire should be utilised so as to:

5.1.1 enhance the town’s visual attractiveness, style and sophistication by decorating and enlivening the town’s streets;

5.1.2 reinforce the town’s image;

5.1.3 convey a sense of activity and creativity and promote events that

enhance the town’s vibrancy and encourage visitation;

5.1.4 reinforce the visual image associated with a major event, activity, or campaign to market the town;

5.1.5 convey information about cultural, community, sporting, recreational

or tourist events, festivals or major activities; and

5.1.6 promote Gawler as a destination for visitation.

5.2 Administrative Arrangements

5.2.1 Flag and banner sites will be available for hire at times when they are not required for use by the Town of Gawler

5.2.2 Events delivered or sponsored by Council will take precedence.

Priority then will be given to Town of Gawler based events in the following order; major events; civic and ceremonial events; larger community events. Events based outside the Town of Gawler will not be accepted.

5.2.3 Flags and banners for annual events are not required to specify a

year.

5.2.4 Preference will be given to promotions and events that occur in or create a significant benefit to the Town of Gawler.

5.2.5 Bookings will be taken up to two years in advance and where

possible will be restricted to complete streets.

5.2.6 Banners and flags may be displayed for a period not exceeding 26 days, excluding Council and Christmas banners.

5.2.7 Flags and banners may be installed up to 21 days prior to the event

and are to be removed no later than 5 days following the conclusion of the event being promoted.

5.2.8 Banners and flags must enhance the Town’s appearance, be of good

quality, well designed and in good condition

5.2.9 Precinct and other place specific groups will be given priority over other external applications in relation to flag and banner sites in designated streets.

5.2.10 The Council reserves the right to accept or reject applications.


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FLAGS AND BANNERS (continued) 7.1 6.0 MANAGEMENT

6.1 Designated Hire Locations Council reserves the right to reduce or increase the number of sites as deemed necessary. Applicants should refer to the Banner Application Form for current locations.

6.2 Design Requirements

Flags and banners increase the rhythm and dynamism of the streetscape by providing colour and movement. Typically, flags and banners should consist of bold, colourful, high quality graphics which convey a clear message. Flags and banners are a highly visible element in the streetscape, and are therefore an excellent means of conveying information about upcoming cultural, community, recreational and tourist events. The design of the flag or banner is the responsibility of the person wishing to hire the approved site.

6.3 Graphic Content

Because flags and banners must be bottom mounted at least 2.7 metres above street level, the graphic composition of colour and text needs to be bold and uncomplicated, and able to be read at a distance of up to 50 metres from a moving vehicle. Excessive use of darker colours, or fine text, should be avoided.

6.4 Text

Text should be in a font which is legible from a distance. It should be easily distinguishable from the background colour(s) used in the flag or banner. Light coloured text on a dark background has been proven to have the greatest clarity

6.5 Colours

The ‘Pantone Colour Matching System’ guide for printers is widely used, and can be quoted when communicating colour requirements to a printer/manufacturer. The system allows for an infinite palette of colours, although lighter, brighter colours add impact to a design. High degrees of contrast between different coloured elements are effective.

6.6 Subject Matter

6.6.1 The primary focus of a flag or banner should be a cultural, community, recreational or tourist event. Registered charities may use flags or banners to promote a major fund raising activity.

6.6.2 In particular, banners or flags with events of a political, religious,

marginal or controversial nature as their focus should be discussed at an early stage and will only be permitted subject to Council approval.

6.6.3 Material deemed to be inappropriate or offensive to the community at

large, or to any particular community sector, will not be permitted. The focus of any flag or banner will always be subject to the consideration and approval of Council. In certain circumstances a proposal may be referred to Council or a Committee of Council for decision.

In these circumstances applicants will be kept informed of the process

and approval time.


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FLAGS AND BANNERS (continued) 7.1

6.7 Third Party Advertising

6.7.1 A degree of sponsorship is typically negotiated to assist in the staging or running of an event. The corporate or organisation logo of such a sponsor is therefore allowed to occupy some space on a flag or banner.

6.7.2 Such advertising on a banner can occupy a maximum of 10% of its

total area regardless of the number of sponsors. The same ratios are applicable to banners over streets.

6.7.3 The advertising content on a flag can occupy a maximum of 50% of

the total area. These ratios apply to each individual flag or banner and cannot be achieved by the alternate spacing of product, or sponsor, and then the event on flags or banners.

6.7.4 Where sponsorship includes naming rights for the event organisers

can choose to include either the business name within the design or alternatively the sponsor logo in accordance with the guidelines detailed above.

6.8 Construction

Flag and Banner construction must meet Council specifications. 6.9 Materials and Fixing

6.9.1 There are many suitable materials on the market from which flags and banners can be manufactured.

6.9.2 Each material exhibits different characteristics, according to the

visual effect desired. Some lighter fabrics allow text to be read from both sides of a banner in strong sunlight. Where translucency is not desirable a heavier gauge of fabric is recommended, or double layers of fabric.

6.9.3 In addition to the provision of a finished set of banners or flags, each

must be equipped with a correctly designed fixing system as per Council specifications.

6.10 Dimensions

Banner and flag dimensions for each site are available upon application. 7.0 APPLICATION PROCESS

7.1 Application Procedure and Documentation

7.1.1 All Banner and Flag designs must be submitted to the Council where the design will be briefly assessed.

7.1.2 The Application must include a colour scale drawing of the proposed

flag or banner or across-street banner, and a brief sentence describing the purpose of the display.

7.1.3 Applications must also indicate the number of sites required, the

preferred location and the duration required, for the display. It is important to note that where clusters of infrastructure are present design elements will require consistency to gain maximum impact.


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FLAGS AND BANNERS (continued) 7.1 7.1.4 A completed Certificate of Currency of Public Liability Insurance

cover should be provided by the Applicant in accordance with the requirements set out in this policy.

7.1.5 The Council can provide advice should an Applicant require

assistance with a design. 7.2 Notification and Approval

When the design of a flag or banner is deemed satisfactory for public display by the Council, the Applicant will be notified. Only at this stage should any manufacturing take place. Applicants should allow a minimum five working days for this process.

7.3 Bookings

All site bookings should be made through Council. Bookings should be made as far in advance as possible, however the Council cannot guarantee that the required number of sites will be available.

7.4 Public Liability Insurance 7.4.1 The Applicant agrees to indemnify the Council in respect of any

action, claim, proceeding, demand, cost expense, loss, damage or bodily injury, including death which the Council may sustain or incur arising out of the erection, presence and removal of a flag or banner.

7.4.2 All Applicants are required to take out Public Liability Insurance

Policy that covers the flags, banners and banners across streets, minimum ten million dollars ($10,000,000). Council may choose to vary this amount in its absolute discretion. A completed Certificate of Currency must be forwarded to the Council with the Application.

7.5 Hire Fees and Charges

Hire fees and charges will be in accordance with the Register of Fees and Charges schedule approved by Council.

7.6 Applicant’s Responsibility

The Applicant is responsible for all costs associated with the design, manufacture, installation, maintenance and removal of its flags/ banners. This work is done at the Applicants own risk and must not contravene any applicable law, code of practice or Australian Standard. Installation of banners can only be undertaken by accredited operators / persons.

7.7 Council’s Responsibility Should any damage occur, either from wind or other natural force, or vandalism, which renders a flag or banner unsafe for display, the Council will immediately advise the applicant. Where public safety is compromised and immediate action is required the Applicant will be liable for costs incurred by Council.

8. REVIEW AND EVALUATION

The effectiveness of this Code will be reviewed on an annual basis to ensure that its commitment to the principles of good conduct and standards of behaviour is being achieved.

The Chief Executive Office will report to council on the outcome of the evaluation and if relevant make recommendations for amendments, alteration or substitution of a new Code.


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FLAGS AND BANNERS (continued) 7.1

The Code will not be altered or substituted so as to affect a process already

commenced. 9. FURTHER INFORMATION Further information about this Code can be obtained by:- Telephone: 8522 9211 Fax: 8522 9212 Email: [email protected] Appointment: Town Hall, 89 – 91 Murray Street, Gawler Letter: PO Box 130, Gawler SA 5118 10. AVAILABILITY OF THE POLICY

The Policy is available for inspection during ordinary business hours at the Council principal office, Gawler Town Hall or Library Council Offices, 89 – 91 Murray Street, Gawler or is available from the Council website at www.gawler.sa.gov.au.

A copy of this Policy will be provided to interested parties upon request, for a fee as contained in the Register of Fees and Charges.

mailto:[email protected]

http://www.gawler.sa.gov.au/


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Item Number 10.6 Title CONSENT TO AGREE TO A LAND MANAGEMENT

AGREEMENT Date 24 July 2012 Author(s) Senior Development Planner (Joel Taggart)

Reference DA 490/D036/2011

Previous Reference/ Motion Council 24/04/2012 Motion No: 2012:04:102 Council 26/06/2012 Motion No: 2012:06:167

Background Council is party to a Land Management Agreement on the land at Coventry and Clark Roads, Evanston Gardens. This land is subject to a development approval for a residential land division proposed by the Devine Group. A Land Management Agreement is currently in place, which relates to the Federally-funded Housing Affordability Fund scheme. At its 24 April 2012 meeting, Council agreed that all the requirements of that Land Management Agreement had been met for stage 1 of the development and resolved

Motion No: 2012:04:102 That Council authorise the Mayor and Chief Executive Officer to sign and apply the common seal of Council to all relevant documents in order to execute the documents pertaining to: 1. The lodgement of a Plan of Division (RTU Document), to allow creation of

development allotments by Divine Springwood No. 2 Pty. Ltd. (DA 490/D031/11) (DA11/492) with the Lands Titles Office, and

2. The rescission allotments 101-102, 105-126, 129-161, 163-197 and 1501-

1509 of Certificate of Title CT6091/965 from the ambit of the Land Management Agreement in place over the development site (DA 490/D031/11) (DA11/492).

This allowed the Land Management Agreement to be removed from newly created land titles. This Land Management Agreement will continue to remain on the parent title to control future stages, ensuring that the developer meets their obligations under the Housing Affordability Fund scheme. Further to this, at the meeting of Council on 26 June 2012, Council resolved

Motion No: 2012:06:167 That Council authorise the Mayor and Chief Executive Officer to sign and apply the common seal of Council to all relevant documents in order to execute the documents pertaining to Council consenting to a Land Management Agreement between the Minister for Housing and Urban Development and Andrea Gonis being placed on the land known as Allotment 66 in DP 88860, being the whole of the land comprised in Certificate of Title volume 6091 Folio 964.


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The purpose of that Land Management Agreement related to a State Government affordable housing initiative. The parties to that Land Management Agreement were the State Minister for Housing and Urban Development, and Ms Andrea Gonis (the current owner of the land). Council was not a party to that agreement. In addition, Devine Communities Pty. Ltd. is now seeking Council support for (refer to Attachment 1) for the same Land Management Agreement as mentioned above to be placed on the land known as Allotment 1800, being the whole of the land comprised in Certificate of Title volume 6091 Folio 965. It should be noted that the deposited plan has not yet been allocated a reference number by the Lands Titles Office. As discussed, the parties to this proposed Land Management Agreement (refer to Attachments 2 & 3) will be the State Minister for Housing and Urban Development, and Ms Andrea Gonis (the current owner of the land). Council will again not be party to this agreement. Council’s consent to this new Land Management Agreement is required given that Council is party to the Land Management Agreement on the land relating to the Federal Housing Affordability Fund scheme. As part of this consent process, Council is required to place its Common Seal on all documents lodged by the applicant with the Land Titles Office, to show its approval of those documents, and to advise that the new Land Management Agreement does not interfere with the operation of the existing Land Management Agreement.

Attachment(s) (Under Separate Cover) Attachment 1 – Correspondence from Devine Communities Pty. Ltd. requesting that Council to sign and seal a consent to establish a Land Management Agreement Deed over the land Attachment 2 – Land Management Agreement Deed Attachment 3 – Plans and Certificate of Titles Comments/Discussion As required by the Town of Gawler Development Plan and a condition on the approval for the land division application, 15% of dwellings constructed on the site should be considered affordable housing. In order to establish what constitutes affordable housing, and to ensure compliance with the condition, the South Australian Affordable Housing Trust (now part of the Urban Renewal Authority), can request a Land Management Agreement be developed over a development site. In this instance, Council is required to consent to such an agreement, given that Council is already party to a Land Management Agreement over the subject land. At present there are 2 titles over the land, which are: Allotment 66 - CT Vol 6091 Folio 964 Allotment 1800 - CT Vol 6091 Folio 965 Stage 1 of the Devine Communities development is located wholly within allotment 88. The proposed Land Management Agreement will apply the whole of allotment 1800, which currently is vacant land reserved for future stages of the Orleana Waters development. The rationale behind applying the Land Management Agreement to this allotment is to provide the State Government with a guarantee that the developer is going to adhere to the affordable housing requirement.


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This second Land Management Agreement has been prepared between the developer and the Minister, which will ensure the balance of the development (allotment 1800) that is not currently being prepared to be released to the market in the near future, complies with the 15% criteria. It has been agreed between the developer and the Minister that Stage 1 be excluded from the ambit of the most recent Land Management Agreements, given that that stage contains a number of proposed display home sites, as well as allotments that are already undergoing settlement. Despite this, a number of allotments within Stage 1 (totalling 16.8% of total allotments within the stage) meet the State Government’s criteria as being “affordable”. Stage 1 is currently on the market for public release at present. The Land Management Agreement contains the following provisions:

• Acknowledgement of a commitment to achieve a minimum of 15% affordable housing on the site

• Details of the relationship between the land owner and the developer • Definitions of affordable housing and eligible buyer terminology • Details of the maximum sale price for a house and land package to be

deemed “affordable” - $288,000 • A requirement for the developer to prepare an Affordable Housing Plan • Details of sales mechanisms and processes

At the request of the applicant (Devine Communities Pty. Ltd.) for Development Application 490/D031/11, it is sought that the common seal of the Town of Gawler be affixed to the following document:

1) A Land Management Agreement Deed between the Minister for Housing and Urban Development and Ms Andrea Gonis

The signatures of both the Mayor and the Chief Executive Officer are also required. Council, having an interest in the land and having a Land Management Agreement registered over the land.is required to affix the Common Seal of Council to the relevant documents, prior to being lodged with the Lands Titles Office. Overall, it is considered that the application of a new Land Management Agreement to the land is deemed to be suitable and consistent with, not only the existing Land Management Agreement’s guiding principles, but also with the overall approved masterplan and development approval for the subject site. Communication As the recommendation of this report seeks to allow administrative processes to occur, to facilitate a development which already has development approval, no further communication to stakeholders is deemed to be required, beside Council advising Devine of its support or otherwise. Consultation This proposal does not require any consultation, as it involves an administration process to allow the applicant (Devine Communities Pty. Ltd.) to agree to a new Land Management Agreement between the State Government and the existing landholder (Ms A Gonis).


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Policy Implications There are no policy implications as part of this item. The Town of Gawler Development Plan still stands as the primary development control guidelines in relation to this site. Statutory Requirements The Land Management Agreement has been enacted by Council pursuant to Section 57 (1) of the Development Act, 1993. Financial/Budget Implications There are no financial implications upon Council as part of this item. This is as the Land Management Agreement has been proposed by the developer, and Council is not party to the document. Strategic Implications Outcome 1.1 : A separate town (not a suburb) Outcome 4.1 : Innovative urban planning Outcome 5.2 : Creating a future Outcome 5.3 : Responsible government Outcome 5.4 : Good administration OFFICER’S RECOMMENDATION

Item 10.6 – Consent to Agree to a Land Management Agreement (DA 490/D036/2011) That Council authorise the Mayor and Chief Executive Officer to sign and apply the common seal of Council to all relevant documents in order to execute the documents pertaining to Council consenting to a Land Management Agreement between the Minister for Housing and Urban Development and Andrea Gonis being placed on the land known as Allotment 1800, being the whole of the land comprised in Certificate of Title volume 6091 Folio 965.


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Item Number 10.7 Title CEO RECRUITMENT PROCESS Date 24 July 2012

Author(s) Acting Governance Officer (Cheryl Douyere)

File CC12/309

Previous Reference/ Motion Council 26/06/2012, Motion 2012:06:149 PMP 03/07/2012, Motion PMP:2012:07:014

Background At the 6 June 2012 Special Council meeting the following was resolved:

Motion No: 2012:06:149

That:- 1. The Chief Executive Officer – Employment Agreement report be received. 2. Council notes the Chief Executive Officer’s commitment to new key

Performance targets and will be working with Chief Executive Officer to achieve these targets.

3. Council as a policy decision resolves to offer the position of Chief Executive Officer for open call from 10 December 2012 for offer of up to a five (5) year contract. Detail of salary package offered to be decided at a future Council meeting. This policy decision is not a decision based on Chief Executive Officer’s performance but rather based on a philosophy of having an open process at the end of the current five year contract. If our current Chief Executive Officer is the best applicant then Council will be pleased to offer a new contract.

The CEO Performance Management Panel considered the CEO Recruitment Process report at its meeting held on 3 July 2012 and resolved the following:

Motion No: PMP:2012:07:014

That the Mayor and Deputy Mayor with the assistance of staff, draft an invitation for expression of interest for the recruitment of a Chief Executive Officer with a report to be presented to the July 2012 Council meeting.

The Local Government Act 1999 Part 1 – Chief Executive Officer, Section 98 – Appointment Procedures – states: 98—Appointment procedures (1) If a vacancy occurs or is about to occur in the office of chief executive officer,

the council must take steps to fill the vacancy (or the pending vacancy). (2) The council must appoint a person to act in the position of chief executive

officer until a vacancy is filled. (3) For the purpose of filling a vacancy, the council must invite applications by

advertising in a newspaper circulating throughout the State, and may take other action as the council thinks appropriate.


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(4) The council must appoint a selection panel to assess applications for the position of chief executive officer, to recommend re-advertisement or other additional steps (if necessary), and to make recommendations to the council on an appointment.

(5) The council makes the appointment to the office of chief executive officer. (6) This section does not apply in circumstances involving the reappointment of a

chief executive officer following the completion of a term of office.

Council needs to turn its mind to the recruitment process of the Chief Executive Officer and consider:

1. Timeframes – recruitment process may take between 12 and 20 weeks to complete.

2. Expression of Interest from Recruitment Consultants to manage the process of recruiting the Town of Gawler Chief Executive Officer to be consistent with the Council’s procurement practices. • a resolution by Council on the engagement of a specialist recruitment

consultant; • the formation of a selection panel/committee; • the recruitment consultant working with the selection panel to clarify

3. Specification for the position; • a State or Nationwide advertising campaign; • short listing of applicants; • up to two rounds of interviews; • identification of a preferred candidate; • psychological profiling; • referee checks; • a report to and resolution by Council; • negotiation and offer to the preferred applicant; • drafting and signing of employment contracts; • notice being given by the successful candidate; and • the setting of a commencement date.

4. Terms of Employment / Remuneration Package Agreement

5. CEO Recruitment Panel Membership

6. Appointing a Council Officer and / or consultant to assist the CEO Recruitment Panel.

7. Possible appointment of Acting CEO (refer to Policy 4.1 – Acting Chief Executive Officer)


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The CEO PMP discussion suggested that Council seek:

1. Expressions of Interest from retired Council CEOs and Recruitment Consultants

2. Assess the Expression of Interest

3. Appoint consultant

4. Discuss and finalise with consultant the recruitment process.

Attachment(s) Attachment 1 – draft expression of interest letter Attachment 2 – Guidance Paper No. 1 2009 – Appointing a CEO (DPLG) Comments/Discussion The Council can commence the recruitment process and some options for discussion are provided. 1. Council contact person for CEO Recruitment – Staff

To ensure the current CEO retains distance from the recruitment process an option could be to nominate an existing staff member to handle general enquiries, assist Council with reports on engaging a HR Recruitment Consultant, to provide general information correspondence, and also liaise with the Consultant, etc. A Director or the Acting Governance Officer could be chosen but this will be an added task to their current responsibilities.

2. Council contact person for CEO Recruitment - Consultant

Engaging a former Local Government CEO or a person with Local Government experience at a senior level would provide Council with an opportunity to implement a level of independence from existing staff. The consultant would provide Council high level advice on the recruitment process and could also assist with discussions on employment agreements, selection panels, selection of HR Recruitment Consultant, KPT’s to suit successful applicant and also provide ongoing advice during the process and perhaps some mentoring to the successful applicant. The costs would depend on the fee proposals and how much or how little assistance Council requires. A member of staff would still need to provide information and liaise with the consultant. A list of eight (8) retired CEOs has been prepared and noted by the Mayor and Deputy Mayor.

3. HR Recruitment Consultant

The selection of the consultant to arrange the recruitment of the CEO will be based on the services offered, future assistance, previous experience and their fee proposal.

The Consultant will require basic information from Council and should offer value in areas to improve Council’s recruitment information. The firm will need a contact person to discuss and finalise documentation, processes, etc. A list of six (6) consultants experienced in recruitment of Local Government CEOs has been prepared and noted by Mayor and Deputy Mayor.


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4. Expression of Interest (EOI) The Council can invite EOI for the provision of services and then determine what services are required (and costs) from the responses. The EOI received would then need to be shortlisted and a selection process agreed. The shortlisted consultants could be asked to present to Council or provide a more detailed proposal.

5. Timing

There are benefits to commence the recruitment process as soon as possible. Often successful applicants need to provide two to three month notice to their current employer. The draft timetable below indicates possible timing of the process: July 24 Council confirms desire to seek expressions of

interest/fee proposals for recruitment of CEO

July 30 EOI invitations sent

August 17 EOI close

August 21 EOI collated and shortlist report prepared

August 27 Council confirms selection of consultants to interview/present to Council

September 10 Council appoints consultants

September 18 Council meets with consultant and confirms recruitment process and CEO selection panel

September 29 Advertisement of vacancy

To assist the timing, the Mayor and Deputy Mayor could be authorised to shortlist the consultants, appoint the preferred consultant(s) and finalise the recruitment process. The Mayor, Deputy Mayor and the consultant(s) would then discuss the matters needing Council decision, Council support and recommendations of the consultant(s). The Mayor and Deputy Mayor could then report back to Council on the appointment of the consultant(s), the recruitment process and to seek confirmation of Council on the:

a. Salary package; b. Terms of the employment agreement to be offered; c. Performance targets; and d. Membership of selection panel.


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6. Summary The recruitment process for the CEO can commence by seeking Expressions of Interest from consultants to assist Council in the process. A further report will be presented to Council in confidence with details of the consultant(s), their offers of service and fee proposals. The Council can then finalise details of the recruitment and selection process.

Communication Nil Consultation Mayor and Deputy Mayor Executive Management Team Policy Implications Policy 4.1 – Acting Chief Executive Officer appointment Statutory Requirements Local Government Act 1999 Financial/Budget Implications A provision of $20,000 has been included in the Draft 2012/13 Budget. Strategic Implications Outcome 5.2 : Creating a future Outcome 5.3 : Responsible government Outcome 5.4 : Good administration OFFICER’S RECOMMENDATION Item 10.7 – CEO Recruitment Process (CC12/309) That:- 1. Council seek Expressions of Interest to assist Council in the recruitment of

a Chief Executive Officer; 2. Mayor Sambell and Deputy Mayor Hughes finalise the invitations for

Expressions of Interest; 3. Mayor Sambell and Deputy Mayor Hughes with assistance of Acting

Governance Officer: a. Prepare the report to Council shortlisting the Expressions of Interest; b. Appoint Consultants; and c. Finalise recruitment process with consultants.

4. Mayor Sambell, Deputy Mayor Hughes and Acting Governance Officer discuss the selection panel appointment with consultants and report back to Council.


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ATTACHMENT 1

DRAFT LETTER Dear ……. CEO Recruitment - Expression of Interest

The Town of Gawler is pleased to announce that our Council is about to commence an open call to recruit a Chief Executive Officer for a contracted period of up to 5 years. The current CEO contract expires on the 10 December 2012. In our endeavour to attract quality candidates and apply a rigorous and fair selection process we are considering the following support options:

1. The engagement of a “retired” local government CEO.

2. The engagement of a professional experienced recruitment consultant.

3. A combination of 1 & 2 above. (our likely preferred option) Council invites you to consider submitting an expression of interest. This expression of interest should outline your experience, expertise, and ideas you have that will help Council attract good candidates (local government or non– local government) and apply the best selection process. Please also include a fee proposal and an estimate of the hours and timing of assistance and an indication of what assistance and information you need from Council. If you wish to discuss any aspect of this please telephone me on 0417 826 560 Deputy Mayor - David Hughes on 8522 3176, or Cheryl Douyere, Governance Co-ordinator on 8522 9269. Expressions of interest close on 17 August 2012 and will be assessed by Council. This is likely to include an oral presentation for the short listed people. Yours faithfully Brian Sambell Mayor


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ATTACHMENT 2


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41


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44


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11. Recommendations from Committees

11.1 Gawler Volunteering Advisory Committee Meeting – 20 June 2012

There were no Committee recommendations requiring the endorsement of Council.

11.2 CEO PMP Meeting – 3 July 2012

That Council endorse the recommendations from the CEO PMP meeting held on 3 July 2012, being:

Item 5.3 – CEO Recruitment Process (CC12/309) Motion No: PMP:2012:07:014 That the Mayor and Deputy Mayor with the assistance of staff, draft an invitation for expression of interest for the recruitment of a Chief Executive Officer with a report to be presented to the July 2012 Council meeting.

11.3 Corporate & Community Services Committee Meeting – 10 July 2012

That Council endorse the recommendations from the Corporate and Community Services Portfolio Committee meeting held on 10 July 2012, being: Item 9.1 – Hire Of Council Owned Facilities – Further Report (CC10/2028) Motion No: CCS:2012:07:32 1. That the Hire of Council Owned Facilities – Further Report be

received. 2. That staff undertake user groups’ consultation of the draft

policy as amended. 3. That staff present the results of the user groups’ consultation

to the September 2012 Corporate & Community Services Committee.


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Item 9.2 – Business Plan - Gawler Institute & Town Hall Basement Areas (CC10/2508, CC10/2512) Motion No: CCS:2012:07:33 1. That the Business Plan – Gawler Institute & Town Hall report

be received. 2. That staff actively pursue Regional Development Australia

grant funding for the refurbishment of the Town Hall and Institute buildings which will include request for ideas and consultation with key community groups.

Item 9.3 – Gawler Clock (CC11/408) Motion No: CCS:2012:07:34 1. That the Gawler Clock report be received. 2. That staff present a report to Council providing details of

required works, safe operating procedures, training and cost estimates on making the access to the Gawler Clock meet legislative and Council OHSW Policy requirements.

Item 9.4 – Proposal to Change the External Boundary of Gawler Local Government Area (LGA) (CC11/616) Motion No: CCS:2012:07:35 1. That the proposal to change the external boundary of the

Gawler Local Government Area (LGA) report be received. 2. That Council supports the discussion on boundary reform.

Item 14 – Motion Without Notice Motion No: 2012:07:36 That the smoke alarm in the hall outside Gawler Club Room in the basement of Town Hall be investigated and if necessary replaced.

Motion No: 2012:07:37 1. That Council offer a project manager to assist the Gawler

Show Society as part of its inkind support to the 2012 Show. 1.1 To assist the relocation of the cattle ramp to an

alternative appropriate spot and aim to have it in service for the 2012 Gawler Show.

1.2 Assist the Gawler Show Society to work with the Rail Authority to repair the drainage area and external fencing.

1.3 To assist the Gawler Show Society with a new gateway entrance adjoining the rivers path to allow access from the south-west corner of the show ground and for car parking in the Gawler South area.


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15. Elected Member Reports

15.1 Cr David Hughes

2012 National General Assembly of Local Government Conference

National Voice Local Choice

Infrastructure Planning Services

June 17–20, 2012

National Convention Centre Canberra Australia

Australian Local Government Association

Conference Report

Cr David Hughes Master of Management (MM) in Community Management Advanced Diploma of Conservation and Land Management

Bachelor of Agricultural Business (B Ag Bus) Associate Diploma in Applied Science Agricultural Production (Ass Dip App Sc)

Diploma of Australian Institute of Company Directors Fellow Australian Institute of Company Directors (FAICD)


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What is this conference? 3

Why the 2011 Annual Conference? 3

What did I learn? 3

Detailed Session Information

Sunday, June 17—Pre-Conference Workshop ................................................................ 4

General Session Presentations ........................................................................................ 5

Various Concurrent Session Presentations ...................................................................... 7

Networking Opportunity [Mayors and CEO information and opportunities for Gawler] ........................................................................................................................ 9

Report on Vendors and New Products ........................................................................... 10


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What is this conference?

It is the 2012 National General Assembly of Local Government (NGA), run by the Australian Local Government Association (ALGA). It was attended by about 850 representatives from councils Australia-wide representing most of the 564 Councils in Australia. This conference brings together delegates from councils across Australia to debate issues of national significance to local government. It provides an opportunity for local councils to develop and express a united voice on core issues affecting their communities with access to influential decision-makers of the federal government, at both the political and departmental levels.

The 2012 National General Assembly was held in Canberra from Sunday 17 June to Wednesday 20 June. The theme for the 2012 NGA was ‘National Voice, Local Choice – Infrastructure, Planning, Services’

Why the 2012 Annual Conference?

As the CEO Stephen Kerrigan was unavailable to attend he suggested that it would be a good development and networking opportunity for me to attend and gain a greater perspective on the issues unique to Local Government environment with our Mayor Brian Sambell. The networking benefit and educational value of the Annual Conference has been consistent with my expectations and cost-beneficial to the Town of Gawler. In addition to its content, the conference provides opportunities to discuss emerging issues and best practices with colleagues, vendors, and consultants across a broad spectrum of Local Government issues. For example, in a single venue, you can discover best practices from leading Caravan and Tourism institutions, investigate new ways to look at old problems, hear experts address codes and standards, and talk one-on-one with experienced vendors, Mayors and Chief Executive Officers.

What did I learn? I will provide a brief set of details for each of the sessions of interest to the Town of Gawler that I attended over the four days of this year’s conference. In addition, I will share the conference proceedings with my colleagues, including presentations to work groups within the elected body of the Town of Gawler. All presentations and resolutions are available at http://www.alga.asn.au The goals that I set before attending the 2012 Annual General Assembly were as follows:

- 1. Investigate methods of gaining efficiencies within the Town of Gawler - 2. Investigate various senior recruitment and performance management

strategies as used by Local Government - 3. Gain closer awareness of strategies used by our neighboring Councils across

the State and Nationally in resource sharing - 4. Bench mark the activities of our Council and Committees against similar

across Australia - 5. Meet and talk to a number of key Mayors and CEOs from across the State

and Nationally. I believe my participation met all of these goals and also gave me the opportunity to discuss Local Government concerns, issues, and best practices with peers and colleagues.

http://www.alga.asn.au/


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Detailed Session Information

Sunday, June 17—Pre-Conference Workshop Seminar title: Regional Development: Addressing Diverse Challenges or Place Based Approaches Seminar instructor: Dr Peter Brain and Dr Ian Manning, Launch of the State of the Regions Report 2012-2013, National Economics for the Australian Local Government Association Seminar summary: Regional disparity and lack of infrastructure planning has major effects on the economy of perhaps should be 4-5% growth not 2-3% and can influence up to 10% GDP? Australia economic performance could have done a lot better but need to aggressively plan future infrastructure to improve. My major takeaways: • Investment in regions then they grow - no investment no growth • Need a national plan for infrastructure to maximize benefits like Norway now 100 billion

better off through aggressive infrastructure planning • Common standards across Australia is required, dealing with region differences • Governance and planning at a local level is important • Below a 40% mortgage rate then things will happen in the local economy high mortgage

rates and debts slow growth • Social security real measure Adelaide North-2010 -15.3% 2012 -17.3% unemployment or

underemployment is a major issue and not well recognised very important to address

Action items(s): • Governance and planning at the local level - working closer with RDA and other local

councils to develop common standards Estimated return on investment: Increased possibilities to grow through the development of common infrastructure standard plans with a number of local Councils would result in major improvements for Gawler. Improved well planned infrastructure will add at least 5% growth to the Gawler Community each year. 17 June 2012 Presentation by Department of regional Australia, Local Government, Arts and Sport, Glenys Beauchamp Department Secretary and Chair Of the Regional Development Australia Fund advisory panel, Christian Zahra Round Two 200 Million Funding available Projects must have alignment to regional plans, failure if projects do not meet regional objectives/local priorities. Projects must identify themselves as high need and in local plan.

General Session Presentations Monday, 18 June Keynote Session: The Australian Business Register Session presenter: Mr Michael D Ascenzo Australian Tax Office Commissioner Session summary: The look the feel and the development of our neighbourhood is reflected in the Australian Business Register (ABR). ABR is free to local government, helping to achieve business objectives. Currently after checking the Town of Gawler is not registered for this free service. The ABR has all the postal and email addresses of businesses. Often for surveys it is hard to find home based business (1 in 7 active businesses in some council) from newsletters and other sources. The ABR can validate and prefill information with all industry codes provided.


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It can assist in the following;

Locating home based businesses and primary producers Forecasting and research analysis purposes Monitor trends e.g. growth or decline of industries GIS layered data to identify where they are. Economic and business development industry clusters Assist in procurement and grants assist in payments and classify suppliers In compliance actions identify directors and associates compliance and identity Agriculture rebates status of not for profits churches etc Find project partners such as emerging businesses to assist growth of these

businesses My major takeaways: • Good opportunity for Gawler to join and use ABR data. One of a few Councils yet to join.

Action items(s): • Provided information to Vic Izzo on 27 June 2012 to join the ABR Estimated return on investment: Savings as ownership details do not cost where a company search to gain similar information can cost. Estimate it may save $2000 a year for company searches and for business surveys. It may increase rates collected adding many thousands through it accurate finding all Gawler Businesses and engaging with them. Tuesday 19 June Plenary Session: Planning Session presenter: Planning Institute Australia Session summary: NCCARF David Rissik national climate change portal 44 projects 33 universities www.nccarf.edu.au Funded till June 2013 Planning -Altruism is a concern Canberra cost versus supply higher density infill planning issues in established areas of four storeys or more. Consumer choices group houses, villages full of friends, work with councils Urban coherence compactness common setbacks uniformity common rules as suggested by former PM Paul Keating. Fair to average plus energy costs, transport and infrastructure Complementary planning Collective effort Decide on what not to do is important Steve Jobs in regional plans Healthy Places and spaces training www.healthyplaces.org.au Active Transport, Aesthetics, Connectivity, Environments for All People, Mixed density, Mixed land use, Parks and Open space, Safety and Surveillance, Social Inclusion and Supporting Infrastructure. My major takeaways: • Healthy places and spaces Planning Institute of Australia (PIA) website case studies

www.healthyplaces.org.au image libraries very good resource. Design right capacity Lifestyle healthier environments Up to two day training package could be managed by delivery of two half day sessions. Non Built environment is as important as built but requires good planning.

http://www.nccarf.edu.au/

http://www.healthyplaces.org.au/

http://www.healthyplaces.org.au/


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Action items(s): • Investigate healthy spaces training for Council Staff and elected members Estimated return on investment: Reduction in health issues and community well-being linked together can add to productivity improvements for Gawler. Wednesday, 20 June Closing Session: Services Session presenter: Hon Dr Gary Johns Associate Professor at the Public Policy Institute, at The Australian Catholic University. Services Address Session summary:

1. How to save money on services 1. Become more efficient - financial sustainability -sharing with regional Councils –efficiency reports, staff and shared projects. 2. Seek more funds- Rural Development fund maybe 3. Change the Rules – Constitutional reform 4. Raise rates - commercial and industrial more info? 5. Cut Services - community service obligations Commonwealth or State work together?

2. Do we add value to the services? Employee costs, HR costs. Invest in Staff, do they offer best value? Organisational services that run organisation?

My major takeaways: • Office of CEO and Mayor often too large and expensive to Justify

Costs for councils running above inflation and pay rises Managers and workers acknowledge continuous improvement must be measured.

Action items(s): Share with regional Councils –efficiency reports, staff and shared projects. Benchmark all actions, measure data quantitatively wages and standards across councils. Estimated return on investment: Could save 5% on service delivery and find ongoing efficiencies staff and resources shared not reinventing the wheel, learning from similar organisations. National Broadband Network Presentations Session date and time: Session title: NBN Parliament House Nick Champion MP office. 19 June 11.30 am Session presenter: Ian McCauley [email protected] Session summary: NBN Gawler Current top three questions that will be asked by residents on the NBN from the consultants.

1. When? – approximately 12 months 2. Cost? – install to home or business free, monthly contract maybe $24

cheaper than current 3. NBN?- its role is as the wholesaler that will provide service to retailer.

mailto:[email protected]


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Information truck will come to Gawler to provide information generally on the three questions. Work with existing infrastructure. Get before and after photographs so that if damage occurs in installation Council can replace like with like. My major takeaways: • Needs to be delivered by integrated with key stakeholders such as local government and

other infrastructure bodies, need extra sessions for Staff and elected members on NBN roll out.

Action items(s): As above requires working in with other stakeholders more information sessions include business and residential in Gawler. Estimated return on investment: Cost reduction and increased high speed (time saving efficiencies) more local business. Miscellaneous Networking Opportunities: In depth conversations with the following Mayors and CEOs City of Mitcham CEO Matt Pears and Mayor Michael Picton, Mid Murray Council Mayor Dave Burgess, District Council of Yorke Peninsula Mayor Ray Agnew and CEO Andrew Cameron, District Council of Mount Barker, Mayor Ann Ferguson, Local Government Association of SA executive Wendy Campana and Andrew Haste, Australian Local Government Association members, Mayor Julie Low District Council of Lower Eyre Peninsula, Mayor James Maitland, Wakefield Regional Council, Cr Heather Merritt and Mayor Lorraine Rosenberg City of Onkaparinga, Cr Scotty Milne The Barossa Council, Mayor Alan Arbon Mayor Murray Bridge, Hon John Trainer Mayor City of West Torrens, Mayor Bruce Green City of Port Lincoln, Mayor Ken Rollond City of Holdfast Bay City of Playford Mayor Glenn Docherty and Cr Nik Shrob, Mayor Peter Slattery The Flinders Ranges Council, Adelaide Hills Council Mayor Bill Spragg, Cr Julie Woodman City of Salisbury, Mayor Erika Vickery Naracoorte Lucindale Council Mayor Richard Vickery Tatiara District Council, Mayor Gary Johanson and Cr Peter Jamieson City of Port Adelaide Enfield Mayor, Felicity-ann Lewis City of Marion, Deputy Mayor Jane Kellock and Mayor Peter Mattey Regional Council of Goyder With the Mayor Brian Sambell I attended a breakfast meeting on the 18 June held by the SA LGA on the Business papers and motions. Toured Parliament House with Local Mayors Gawler and Playford and Barossa Councilor Scotty Milne and Nick Champion MP and attended Parliament question time. Discussion summary: One Council notes their council Performance Management Panel meet every month. Mayor and Deputy on performance panel of all senior staff with CEO. Mayor and Deputy on all senior staff employment panels - not for operational issues but for relationships to Council residents/ratepayers and customers. One Council CEO has an EB update every month to elected members and final approval must be sort from Council before finalisation. This Council is willing to assist our CEO set up the above. If one Council Mayor is not happy with staff performance or particular projects - has had legal opinion that the Council can get involved in operation matters and will warn CEO that he will get a motion from the floor to manage a particular project if staff or matter not sorted by CEO.


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Some Council were very happy to use a retired Council CEO to assist in short listing and employment by Council of senior staff with elected member involvement (rather than an employment agency). On discussion it seems our Audit and Development Assessment Panels may more effective than other Councils spoken to. My major takeaways: • Emphasis on working together on legal fees with LGA • Training and sharing ideas and staff between councils • Informal networks with a mix of rural and urban Councils need further work • Standards and plans need to be developed with neighbouring Councils Action items(s): • Follow up emails for information with a number of delegates. • With the Mayor meet more regularly with other local Mayors and Deputies. Estimated return on investment: I believe improved links could save considerable amounts of staff time and improve resource sharing which is very valuable for the Town and development. Report on Vendors and New Products Facility name: Australian Business Register Facility representative: Sandee Harris Partnership Manager ABR Contact information: [email protected] Facility description: ABR Town of Gawler should register and use this free service - one of a small number not. How facility/product/service can help: • Free data searches and collection and data matches for example address of all home

based businesses.

Action items(s) I passed on information on joining to Vic Izzo 27 June 2012. Mr Izzo has now informed me that Council has now joined up. Estimated return on investment; could be savings of several $1000 in information for compliance and maybe for rates. Could be 1 in 7 or more home based businesses with the popularity of E business.


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16. Confidential Reports Item Number 16.1 Title LEGAL FEE AND EXPERT WITNESS

(ENVIRONMENT, RESOURCES AND DEVELOPMENT COURT) EXPENDITURE REQUEST

Date 24 July 2012 Author(s) Senior Development Planner (Joel Taggart)

Reference DA 490/186/2011

Previous Reference/ Motion DAP 19 March 2012 - Motion No DAP: 2012.03.09

In accordance with the authority delegated to the Chief Executive Officer by the Council – pursuant to provisions of Section 44 of the Local Government Act, 1999 – the Chief Executive Officer has determined that this item is to remain confidential until the Council resolves how this item is to be classified. Until the matter is heard by the Environment, Resources and Development Court and the findings made public the request for expenditure of legal fees and engagement of Expert Witness be kept confidential A further written report will be considered by Members at the Meeting after the following recommendation is carried. OFFICER’S RECOMMENDATION Item 16.1 – Legal Fee and Expert Witness (Environment, Resources and Development Court) Expenditure Request (DA 490/186/2011) That:- 1. Until the matter is heard by the Environment, Resources and Development

Court and the findings made public the request for expenditure of legal fees and engagement of Expert Witness be kept confidential

2. Under the provisions of Section 90(2) of the Local Government Act, 1999, an order be made that the public be excluded from attendance at the Meeting excepting the Chief Executive Officer, Director Corporate and Community Services, and Director Planning & Infrastructure, Executive Assistant and Minute Taker in order to consider Item 16.1 in confidence, under the provisions of Section 90(3)(i) of the Act regarding information relating to:

(i) information relating to actual litigation, or litigation that the council or council committee believes on reasonable grounds will take place, involving the council or an employee of the council;

3. Accordingly, on this basis, the principle that Meetings of the Council should be conducted in a place open to the public has been outweighed by the need to keep the information or discussion confidential.

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