City of Prospect · NOTICE TO THE MAYOR AND COUNCILLORS. An ordinary meeting of the Council of the...

NOTICE TO THE MAYOR AND COUNCILLORS. An ordinary meeting of the Council of the City of Prospect will be held in the Prospect Town Hall, 126 Prospect Road, Prospect on Tuesday 27 November 2018 at 7.00pm. AGENDA Members of the public are advised that meetings of Council are video recorded and the recordings of the open session of the meeting will be made available on Council’s website for a period of 2 months 1. Opening

1.1 Acknowledgment of the Kaurna people as the traditional custodians of the land 1.2 Council Pledge 1.3 Declaration by Members of Conflict of Interest

2. On Leave

3. Apologies – Cr M Groote

4. Confirmation of Minutes

4.1 Minutes of the Ordinary Council Meeting held on Tuesday 23 October 2018

5. Mayoral Monthly Report (Page 1-2)

6. Council Member Reports and Briefings

7. Petitions - Nil

8. Deputations

8.1 Peter Kapiris – Meze Mazi Footpath Extension and Outdoor Dining

8.2 Wendy Fewsdale – Azalea Street Public Realm Upgrade

9. Motions on Notice - Nil

10. Questions with Notice - Nil

11. Questions without Notice

12. Adjourned Items

12.1 Adjourned Item (From Item 13.1 on 25 September 2018) - Meze Mazi Restaurant - Footpath Extension and Additional Seating for Outdoor Dining (Pages 3-18, Recommendations on Page 4)

13. Minutes of Committees/Regional Subsidiaries/Other Bodies - Nil

14. Reports for Decision

14.1 Appointment of Deputy Mayor (Pages 19-21, Recommendation on Page 19)

14.2 Timing of Ordinary Council Meetings and Councillor Information & Training Sessions (Pages 22-26, Recommendation on Page 222)

14.3 Committee Structure and Appointments (Pages 27-37, Recommendation on Pages 27-28)

14.4 Review Code of Practice – Meeting Procedures (Pages 38-65, Recommendation on Page 38)

14.5 Council Member Allowances and Benefits (Pages 66-88, Recommendation on Page 66)

14.6 Appointment of Council Assessment Panel Member (Pages 85-88, Recommendation on Page 86)

14.7 Eastern Health Authority Board Appointments (Pages 89-127, Recommendation on Page 90)

14.8 Eastern Health Authority First Budget Review 2018 - 2019 (Pages 128-145, Recommendation on Page 128)

14.9 Voluntary Membership of Council Members to Prospect Arts Action Network (PAAN) and City Wide Public Art Roundtable (CWPAR) (Pages 146-157, Recommendation on Page 147)

15. Protocol The Council has adopted the protocol that only those items on the Council Agenda provided for information (to receive and note) may be adopted without further discussion.

16. Reports for Information

16.1 Eastern Waste Management Authority (Pages 158-160, Recommendation on Page 158)

16.2 Strategic Plan to 2020 Information Report – July to October 2018 (Pages 161-183, Recommendation on Page 161)

16.3 Intelligent Community Forum (Pages 184-191, Recommendation on Page 184)

16.4 Project Update – Community Hub, Library & Innovation Centre (CLIC) (Pages 192-225, Recommendation on Page 193)

17. Council Diary

Date Event Details Friday 7 December 2018 at 7.00pm

“The Fleurieu Bluesbreakers” with Ben Ford-Davies Blues and Roots Music Session - Club5082 Prospect Town Hall, Prospect Road Prospect

Friday 7 December 2018 at 6.30pm

Lions Carols in the Park Prospect Memorial Gardens, Menzies Crescent, Prospect

Exhibition Opening Sunday 9 December at 3pm

Prospect Gallery Exhibition “20th Community Show” Sunday 9 December 2018 – 27 January 2019

18. General Business – Urgent Business Council has resolved that an Agenda Item “General Business – Urgent Matters” be included on the agenda to enable members to raise matters of a genuinely urgent nature, is not a change to Council Policy and cannot wait until the next Council meeting recognising that the leave of meeting will be required for each item on each occasion.

19. Confidential Items - Nil

20. Meeting Closure

Cate Hart Chief Executive Officer 22 November 2018

Item 5: Mayoral Monthly Report

AGENDA ITEM NO.: 5 TO: Council on 27 November 2018 FROM: Mayor David O’Loughlin REPORT AUTHOR: Sadie Lovering, Executive Assistant to Mayor SUBJECT: Mayoral Monthly Report This report covers the period from 24 October 2018 – 27 November 2018. In brief, the Mayoral activities have included the following:

1. Activities

• Attended Tour 2 & 4 - Devonport Terrace Community Reference Group Walking Tour • Attended Blackfriars Priory School Academic Assembly at Bonython Hall • Attended the Prospect Spring Fair at Broadview Oval • Attended the St Dominic’s Priory College Fete • Attended the 2018 Prospect Gallery Exhibition Opening of “Wisdom from a Fold-Up

Boat” • Attended the Site Tour of Wingfield Asphalt Manufacturing Plan and Recycling Facility

with the Local Government Association SA Procurement Representatives • Attended the 2018 Annual Gala Dinner and Peace Award at the Adelaide

Entertainment Centre • Attended the Prospect Kindergarten Annual Concert & Art Exhibition • Attend the Metropolitan Mayor’s Luncheon Hosted by West Torrens City Council,

Mayor John Trainer • Attended the Eastern Region Alliance ERA Mayor’s and Chief Executive CEOs Group

Farewell Dinner • Attended the launch of the book “Leane Times” on behalf of the Prospect History

Group at Prospect RSL • Attended the White Ribbon Breakfast – Adelaide Convention Centre • Attended the New Council Members Swearing In Ceremony and Induction – Prospect

Town Hall • Attended the Australian of the Year Luncheon at the Adelaide Convention Centre

2. Meetings • Regular Meetings with CEO, Directors and Executive Assistant • State Commission Assessment Panel Meetings • Meeting with Kaufland Designers, Cate Hart and Daren Starr – re 250 Churchill Road • Meeting with Brugh O’Brien, Senior Social Innovator from The Australian Centre for

Social Innovation – re SA Housing and Homelessness Strategy • Meeting with CMV Chief Executive and Directors, Cate Hart and Chris Hannaford – re

Main North Road Investment Attraction Strategy • Attended the Friends of the Library Annual General Meeting

3. Other • Media Enquiries • Various Phone Calls, Emails, Letters, etc • Correspondence and Meetings with Constituents, Councillors and Election Candidates.

CITY OF PROSPECT: Council Agenda 27/11/2018

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Item 5: Mayoral Monthly Report

4. President of ALGA Activities and Meetings

I have attended to a range of correspondence, emails, telephone enquiries, media interviews and face to face meetings. Below are other commitments during this period:

• Teleconference – pre-briefing in preparation for the National Drought Summit • Guest Speaker at the 2018 Local Government Association SA Conference – Adelaide

Entertainment Centre • Attended the 2018 Local Government Association SA Networking Dinner – Adelaide

Entertainment Centre • Panelist at the National Drought Summit at Old Parliament House – Canberra, NT • Guest Speaker at the 122nd Local Government Association of Queensland (LGAQ)

Annual Conference (Onwards and Upwards) – Brisbane, QLD • Attended the Local Government Association of Queensland Gala Dinner – Brisbane,

QLD • ALGA Executive Committee Teleconferences • Represented ALGA at the Transport and Infrastructure Council (TIC) Dinner and

Council Meeting – Sydney, NSW • Weekly President columns • Attended the Circular Economy Leaders Luncheon – Tonsley Innovation District • Attended the ALGA Board Meeting and General Meeting – Alice Springs, NT • Officially Opened and Chaired the National Local Roads and Transport Congress –

Alice Springs, NT • Attended the National Local Roads and Transport Congress Dinner – Alice Springs,

NT. My two year term as President of the Australian Local Government Association expired at the ALGA AGM on the 19th November. I was humbled and honoured to have been asked to stand for office again and was subsequently elected unopposed at the AGM to serve a second and final two year term until November 2020.

I would be grateful if an elected member would move this report. David O’Loughlin Mayor


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Item 12.1: Meze Mazi – Application to Extend Footpath and Increase Seating for Outdoor Dining

AGENDA ITEM NO.: 12.1

TO: Council on 27 November 2018

DIRECTOR: Chris Hannaford, Director Business and Innovation

REPORT AUTHOR: Simon Bradley, Director Assets and Infrastructure Chris Hannaford, Director Business and Innovation

SUBJECT: Adjourned Item (From Item 13.1 on 25 September 2018) - Meze Mazi Restaurant - Footpath Extension and Additional Seating for Outdoor Dining

1. EXECUTIVE SUMMARY

This matter was presented to Council as Item 13.1 on 25 September 2018 in relationto an application received for an extension of an outdoor dining for the Meze Mazi onProspect Road. At this meeting Council adopted the following resolution:

(1) That Item 13.1 be adjourned until the Council Meeting on 27 November 2018 for further discussions with the applicant.

Council received an application on 9 November 2017 from the owner of 86B Prospect Road, Prospect (Eltahir Malik) to access the Developers Partnership Grant Program funds to widen the footpath for the purposes of increased outdoor dining for his tenant, Meze Mazi Restaurant (Andrew Papadakis). At the Council meeting on 24 April 2018 Council resolved to undertake the proposed project.

However, community concern in respect to the proposal expressed through a deputation to Council and a petition, prompted Council to request staff undertake a comprehensive community engagement strategy prior to undertaking the works, and the project was not proceeded with.

In addition to this application, a second application was received from Mr Papadakis, (Meze Mazi Restaurant) specifically for a Business Use of a Road/Footpath Trading requesting an increase in outdoor dining seats from 12 (currently approved) to 25. This application was presented to Council on 25 September 2018 and following a further deputation seeking Council to not proceed with the project, the application was not approved and the item was adjourned to the November Council meeting to provide a further opportunity for community engagement.

This has occurred and is presented for Council consideration. Taking into account the site, the opportunity to improve the footpath with contribution from the adjoining property owner, and Councils Strategic Plan which seeks to encourage this form of development, Council staff have prepared the following report and are recommending approval.


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2. RECOMMENDATION

(1) Council having considered this report, Item 12.1 Meze Mazi – FootpathExtension and Additional Seating for Outdoor Dining, receive and note the report.

(2) That Council confirm their endorsement of the Developers Partnership Grant Program to extend the footpath at 86B Prospect Road, Prospect.

(3) That Council approves the ‘Business Use of a Road/Footpath Trading’ permit by the owner of Meze Mazi Restaurant (86B Prospect Road, Prospect) for up to 20 seats only for a period of 12 months, from the completion of the curb extension.

(4) The permit must comply with the following conditions:

a. That Meze Mazi Restaurant installs a sign which advisescustomers seated outside to be considerate of neighbours and tokeep noise levels to a minimum.

b. Prospect Road dining has outdoor seating for a total of 8 people.c. Azalea Street dining has outdoor seating for a total of 12 people.d. Outdoor dining seating is maintained as approved.e. That Meze Mazi Restaurant ceases outdoor seating at 10.30 pm.f. Where possible, delivery of goods, loading and unloading is to

occur immediately adjacent the rear door of the building onAzalea Street.

(5) That Council review the ‘Business Use of a Road/Footpath Trading Policy’ by April 2019 with the objective of updating it to take into account applications where there is direct residential and business interface.

(6) Council advise Consumer and Business Affairs of conditions so that Liquor Licensing conditions can match Council approvals.

3. RELEVANCE TO CORE STRATEGIES / POLICY

Strategic Plan to 2020 Theme 3 – Prosperity “More jobs, more investment, moreactivity, more vibrancy”

Strategy 3.1 A stronger local economy Widening the footpath will provide additional outdoor dining for the restaurant which supports increased foot fall and increase in night life on Prospect Road.

Strategy 3.2 A more vibrant night-time

Strategy 3.1 A stronger local economy



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OUTCOME

3.2.1 A City with more people on the streets and more places to go at night

TARGETS 1. 100% increase in

pedestrian footfall after 5pm in the Village Heart year on year.

2. 20% of businesses tocreate peak demand after 5pm.

Intelligent Community Indicators

Advocacy City of Prospect seeks to engage with businesses and citizens to overcome challenges and build positive outcomes for all parties by addressing local concerns while still meeting the organisation’s strategic goals of night time activation in the Village Heart and increasing demand after 5pm.

4. REGIONAL IMPACT

The potential increase in the seating will increase the vibrancy of Prospect Road and hence its competitiveness with other main street dining precincts.

5. COMMUNITY INVOLVEMENT

Community involvement in respect to this project has been undertaken with two publicconsultations having now been completed to gauge formal resident feedback. Twopetitions have also been received one in favour of extension of the footpath andincreased outdoor dining and one against. This report outlines the results of thoseconsultations with a focus on the most recent consultation from the 15th of October tothe 18th of November (35 days).

Following an initial endorsement by Council resolution to undertake the works toextend the footpath, a deputation and petition with 21 signatories was presented tothe Council meeting held on 26 June 2018. This requested all works associated withthe Developers Partnership Grant Program proposal for 86B Prospect Road be halteduntil a full and thorough review of the project was undertaken. This petition objectedto the footpath expansion based on:

• car parking,• noise from the diners,• loss of car parking from the footpath extension,• use of Council funds for a private business and• the consultation process.


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Following consideration of the Council report, the deputation and petition, Council determined not to proceed with the works until further consultation had been undertaken with residents.

This resulted in a preliminary consultation 4-19 September 2018. Preliminary Consultation (September 2018) Residents of Azalea Street were formally advised of the application for extended outdoor dining on 4 September 2018 and were requested to provide feedback. As there had already been a deputation and petition received, administration determined a short consultation period would be undertaken in order to re-present the matter to Council prior to the Caretaker Period. As such, residents were requested to comment on the application by Friday 7 September 2018. However, several residents contacted staff seeking an extension of this period, and the consultation period was extended to 19 September 2018 (it is noted that this did not meet the provisions of the current consultation policy requiring a period of 35 days). This consultation resulted in 17 individuals responding via email (13 individuals opposed the proposal with 4 in support). Additionally 13 circular letters were received with a total of 24 signatories (13 of whom had submitted an email response in the first consultation). It should be noted that a petition in support of the proposed extension was also received from the owner of 86B Prospect Road with 30 signatories (25 on Azalea Street).

This information was presented to Council at its meeting held on 25 September 2018 at which a second deputation was made by Ms Wendy Fewsdale. Council requested staff undertake further community consultation in accordance with Councils policy and did not proceed with a resolution.

Second Consultation (29 October – 18 November 2018) Following the 25 September 2018 Council meeting, additional consultation was undertaken to ensure that it complied with our consultation policy and 35 day consultation period. Residents of Azalea Street were informed of the second public consultation two weeks prior to commencement, from 15 – 28 October 2018. The formal consultation then commenced on 29 October and ended on 18 November 2018. The consultation consisted of a letter to residents outlining the proposal together with three options (Attachment 1-3) in respect to the seating, and suggested conditions. The three options were:

• Option 1 - 20 outdoor dining seats, no change to the footpath and no loss of

carparks • Option 2 - 25 outdoor dining seats, a 1.2 m extension to the footpath and loss

of one carpark • Option 3 - 12 outdoor dining seats with no change to the footpath and no loss

of carparks. Results of the Second Consultation (29 October – 18 November 2018) A total of 15 email submissions were received from this second consultation (signed off from a total of 20 individuals). Each option received the following support:


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• Option 1 - 3 emails (3 individuals)• Option 2 - 4 emails (8 individuals)• Option 3 - 8 emails (9 individuals).

Methodology for collating all responses As a result of all the consultation undertaken and the two petitions, some individuals provided multiple responses ie. signed a petition, sent an email in either consultation and signed a circular letter. For the purposes of considering the outcomes of the consultation, each individual is being treated as having one response to support or oppose the proposal despite sending a variety of responses.

There were 61 individuals from Azalea Street who provided at least one response, with 25 clearly in support of the footpath extension and outdoor dining increase and 30 in opposition. Six people’s positions were unclear as they signed both petitions or supported contrary options.

These consultation results are intended to assist Council to make a decision and are an indication of public sentiment. Council administration has also consulted with the Office of Consumer and Business Services which issues liquor licenses. During the deputation made on 25 September 2018, it was indicated to Council that Consumer and Business Services (CBS) have concerns about the liquor licences along Prospect Road. This has been followed up with CBS who have informed administration staff “that it is unlikely that a member of staff at CBS would make such a comment” and Council administration has not received notification about concerns from CBS directly. Likewise, Council has not been notified of any complaints made by the community directly to CBS and on enquiry this was confirmed with Council administration.

6. DISCUSSION

Council received an application on 9 November 2017 from the owner of 86B ProspectRoad, Prospect (Eltahir Malik) to access Developers Partnership Grant Program fundsto widen the footpath for the purposes of increased outdoor dining for tenant, MezeMazi Restaurant (Andrew Papadakis). At the Council meeting on 24 April 2018, thefollowing resolution was made:

Item 14.2 Developer Partnership Grant Program - Azalea Street Public Realm Upgrade

(1) Council having considered Item 14.2 Developer Partnership Grant Program - Azalea Street Public Realm Upgrade endorse the application by the property owner of 1A Azalea Street, Prospect to widen the footpath on Azalea Street outside Meze Mazi Restaurant.

(2) Council to endorse replacement of the existing older “zig zag” shaped pavers on Azalea Street, adjacent to the restaurant with the newer “H Block” shaped paver, to match the theme of paving along Prospect Road

Following the meeting, Council received feedback from Azalea Street residents who were concerned about widening of the footpath and impacts from any additional outdoor dining regarding increased noise (as the application indicated an increase in outdoor dining from 12 seats to 35 seats) and a reduction of car parking. A deputation was made to the 26 June 2018 Council meeting from Ms Wendy Fewsdale requesting Council not to proceed with the extension to the footpath until a formal consultation


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process had been completed. A petition signed by 20 residents was presented as part of the deputation for Council consideration. Council concurred with this request and requested staff undertake a consultation process. On 15 August 2018 a second application was received specifically for a Business Use of a Road/Footpath Trading application from Mr Papadakis, (Meze Mazi Restaurant) requesting an increase in outdoor dining seats from 12 (currently approved) to 25. To address this application for increased seating, Council considered a report on outdoor dining and a footpath extension for the above property at its meeting on the 25 September 2018. This report included the outcomes of the community consultation process requested by Council at its meeting held on 26 June 2018. Ms Fewsdale also made a further deputation to Council, again outlining concerns in respect to the proposal. The Council at that meeting adopted the following resolution:

(1) That Item 13.1 be adjourned until the Council Meeting on 27 November 2018 for further discussions with the applicant.

At the meeting, a number of views were expressed by the Mayor and Councillors regarding the location and number of seats which could be considered for the restaurant, including the possibility of locating dining in front of the adjoining business Retrovintique. However, the owner of Meze Mazi did not wish to pursue that option, and the owner of Retrovintique was also not in favour of this footpath area being made available to the restaurant. As such it has not been included in the recommendations. Council also requested that administration staff research the option of securing additional car parking from a neighbouring business. The tenant of Challenge HiFi did not grant permission to use the internal carparks. Council administration has undertaken further consultation, has met with the applicant and the adjoining retail operator from Retrovintique, and have met with a number of the residents in Azalea Street. In addition, the proposal has been further considered by engineering staff, the proposed budget has been reviewed, and consultation has been undertaken with the Office of Consumer and Business Services (CBS) which would issue an extended liquor licence if the application is approved. The proposal to extend the southern footpath on Azalea Street and establish increased outdoor dining has the following elements:

• Existing 3.0m footpath to be widened by 1.2m • Minimum 1.2m clear passage retained for pedestrians • Improved landscaping to incorporate Water Sensitive Urban Design elements • Footpath paving upgraded and levelled • Upgraded kerb ramp • Remove glass panels on Azalea St dining area • Install safety bollards.

This is outlined in the following images

• Image 1 – Azalea Street (Existing) • Image 2 – Azalea Street (Upgrade).


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Traffic implications of an extension of the curb and footpath Azalea Street is approximately ten metres wide, with only a left turn in and left turn out from Prospect Road. The application lodged by Meze Mazi to extend the footpath by 1.2 metres would therefore result in narrowing this road to approximately nine metres wide. This would not be considered to be a narrow street from an engineering and safety perspective. By way of comparison Milner Street, which is very near to Azalea Street, is approximately 8.2 metres wide (and is left and right turn in and out from Prospect Road). Council’s Traffic Officer has considered community concerns in respect to issues such as larger vehicles turning into Azalea Street (and having to cross over the centre unbroken line to effect the turn), and a road of nine metres wide is able to

Image 1. Azalea Street 2018

Image 2. Azalea Street Proposed 1.2m extension


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accommodate such vehicle movements. Plan 1 shows the turning circle of a vehicle entering Azalea Street in accordance with Australian Standards. Plan 1: Turning Circle of Vehicles into Azalea Street

It is proposed that whatever the outcome may be, a loading zone sign could be installed for all delivery trucks on Azalea St next to the rear door, between the hours of 9am-12pm. Outdoor Dining Ordinarily, Council administration would approve a Business Use of a Road/Footpath Trading application in-house but the level of concern from some Azalea Street residents has meant it requires a reconfirmation from Council to carry out the endorsed works for the footpath extension/upgrade and approve increased outdoor dining. The Business Use of a Road application form received from Meze Mazi has sought 25 seats and outdoor dining times of:

• 6pm-10:30pm Tuesdays-Wednesdays • 12pm – 11:30pm Fridays • 6pm – 11:30pm Saturdays • 12pm – 10:30 Sundays.

An Outdoor Dining, Environmental Noise Assessment was done by Sonus Pty Ltd (9/11/18) (Attachment 4-5). In relation, to the use of physical barriers such as café blinds, sails or acoustically absorbent material under the veranda. It stated: “there are no practical physical measures which would result in a noticeable reduction in noise at residences in Azalea Street”. However it clearly states that: “Restricting the number of patrons on the Azaleas Street footpath has the potential to reduce noise levels at residences”. “Restricting the times of operation during the most sensitive night time has the potential to reduce the impact of the noise.”


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Consideration of Proposal In examining the proposal, Council administration has given consideration to the consultation and responses, deputations already received advice from traffic management and a noise assessment expert. It is clear that the issue of extending the footpath has raised significant community concern and interest, particularly as the current restaurant is popular and generates a high level of visitation to the locality. Notwithstanding this, it is considered the proposal is encouraged by Council’s Strategic Plan which clearly outlines a desire to not only increase night time activity on Prospect Road, but to also increase pedestrian movements and the overall vitality of it. In taking into consideration the community feedback Council administration consider a compromise to the proposal would be appropriate. This would result in a range of conditions being established to govern the outdoor seating and permit approval, with a limit to the number of seats to no more than 20 seats. This would result in an increase of 8 patrons able to dine outside the restaurant and would improve the footpath by levelling it and introducing some landscaping to this locality. Additionally, Council administration are recommending that if Council supports the application for additional seating that it be for a period of 12 months and subject to review to ensure the restaurant can comply with a number of proposed conditions. The following conditions could be imposed to assist in the overall management of the area: • That Meze Mazi Restaurant installs a sign to advise patrons to be considerate of

neighbours and to keep noise levels to a minimum • Prospect Road has outdoor dining for 8 people • Azalea Street has outdoor dining for 12 people • Outdoor dining seating is maintained as approved • That Meze Mazi Restaurant ceases outdoor seating at 10:30pm which has the

potential to reduce the impact of the noise • Delivery of goods, loading and unloading to occur immediately adjacent the

rear door of the restaurant on Azalea Street.

If Council supports this, the proposal will result in the loss of 1 car parking space due to the footpath extension and one additional space during the day (only) for a loading zone area.

Review of Business Use of a Road/Footpath Trading Permits Given the issues that this ‘Business Use of a Road/Footpath Trading’ applications has raised, Council administration will review the ‘Business Use of a Road/Footpath Trading’ policy in early 2019. The revised Policy will take into account of an alternative approach when considering outdoor dining where there is direct residential and business interface such as in Azalea Street.


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Financial and Resource Implications

At the 25 July 2017 Council meeting (Item 19.4) Council endorsed the establishment of the Developer Partnership Grant Pilot Program and the Annual Business Plan reflects the funding available to pursue projects which deliver improved outdoor dining. Council had $123,300 remaining in the 2017/2018 budget for the Developer Partnership Grant Pilot Program which was carried forward into 2018/2019 financial year. The initial cost to deliver the project with the footpath extension was estimated to be $35,000. However, a revised quote of $42,460 (20/11/18) has now been received. Under the Developer Partnership Grant program the applicant will contribute 50% of the construction costs which will be paid in advance, the actual cost to Council will be $21,230. Construction would take approximately two weeks. There has been conjecture in respect to applying the proposed conditions on the restaurant, particularly given such conditions have not been imposed on other operators within the Village Heart. In particular, should Council wish to ensure compliance of the conditions through regular inspections, an additional Council patrol would be required particularly on Thursday to Saturday nights during summer from the hours of 7.00pm to 10.30pm. Council administration estimate the cost of a monitoring regime with a compliance officer would mean an increased service level and cost to Council of $9,000 per annum. These funds would need to be allocated as part of a budget review. Whilst the compliance officer could also undertake inspection of other sites on Prospect Road, it is unlikely that they would generate sufficient revenue from expiations to cover this cost as most car parking limits cease at 6pm. A night time patrol is an additional service level which has not been required for other outdoor dining restaurants and as such is not recommended at this stage. Complaints of excessive noise can be directed through to Councils out of hours customer service line. In addition, any breaches to the Business Use of a Road/Footpath Trading permit would be responded to as per the conditions of approval. Under the conditions three breeches would result in a suspension of the outdoor trading permit.

7. CONCLUDING STATEMENTS

Meze Mazi is a popular and busy restaurant, frequented by many patrons and the business operator has advised he regularly turns customers away due to lack of seating for outdoor dining. Widening of the footpath will provide the opportunity to meet customer demand for increased outdoor dining and supports Council’s Strategic target to increase footfall on Prospect Road and encourage further vibrancy in the evenings.

However, there are varying levels of support from residents on Azalea Street and Council must reach a balance between the Strategic Plan 2020 and resident feedback.

The principle issue is one of noise. The Sonus advice clearly states that:

“Restricting the number of patrons” and “restricting the times of operation”, “has the potential to reduce the impact of the noise”.


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The Sonus advice supports the introduction of conditions in this report’s recommendations to restrict hours of operation and outdoor dining numbers. The cooperation of the business owner is essential for successful implementation particularly in relation to noise levels, when patrons are leaving.

If the restaurant is unable to adhere to the conditions, residents will be encouraged to contact Council’s community safety team, who would then write to the restaurant if there are multiple cases of breaches to the conditions.

The results of the two petitions and two consultations demonstrate a wide variety of opinion in Azalea Street on footpath widening and outdoor dining. To summarise, 61 individuals from Azalea Street provided at least one response, with 25 clearly in support of the footpath extension and outdoor dining increase and 30 in opposition. Six people signed both petitions or supported contrary options. To strike a balance with the numerous views on Azalea Street and also maintain vibrancy on Prospect Road, it is recommended the proposal proceed with 20 outdoor seats: 8 on Prospect Road and 12 fronting Azalea Street. The widening of the footpath and increase of outdoor dining seats to 20, meets Council’s strategic vision for Prospect Road and the imposed conditions could limit the impact on residential amenity.

Council should also consider limiting the permit to one year (as opposed to 4), and the permit would be subject to review in 12 months from the completion of the curb extension.

ATTACHMENTS

Attachment 1: Letter to residents 29/10/2018 - Public Consultation Outdoor Dining and Footpath Extension Meze Mazi – 86B Prospect Road

Attachment 2-3: Options 1,2 and 3

Attachment 4-5: Meze Mazi Outdoor Dining Environmental Noise Assessment by Sonus Pty Ltd


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Ref. CR18/53280 29 October 2018 Dear Resident

RE: COMMUNITY CONSULTATION OUTDOOR DINING MEZE MAZI – 86B PROSPECT ROAD

Council considered a report on outdoor dining and a footpath extension at the above property at its meeting on 25 September 2018 and adopted the following resolution:

That Item 13.1 be adjourned until the Council Meeting on 27 November 2018 for further discussions with the applicant.

This letter is to notify you that consultation regarding outdoor dining has started today and will close at 5.00 pm on 18 November 2018. Council will consider a report on the project on 27 November at 7.00pm at the Prospect Town Hall. After consultation with residents and the owner, three options have been developed. These options are detailed in the enclosed flyer and are briefly set out below:

• Option one provides for up to 20 outdoor dining seats with no change to the footpath and no loss of carparks

• Option two provides for up to 25 outdoor dining seats with a 1.2 m extension to the footpath and loss of one carpark

• Option three maintains the 12 outdoor dining seats with no change to the footpath and no loss of carparks.

All options will have approval conditions and a management regime to ensure compliance with conditions. These conditions are included in the enclosed flyer. To participate in the consultation and nominate your preferred option to Council, please email your preference to [email protected] or call Chris Hannaford, Director Business and Innovation on 0488 054 575 for further information. Yours sincerely Chris Hannaford Director, Business and Innovation

Atta

chm

ent

Attachment 1 14

mailto:[email protected]

Three Options for Meze Mazi outdoor dining area. Community Consultation 29.10.18 – 18.11.18. - revised

Inclusion of café blinds to reduce noise

Extension of footpath by 1.2m Loss of one carpark

Footpath Extended 1.2m on Azalea Street

Attachment 2

Atta

chm

ent

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Proposed conditions of approval for all options

That Meze Mazi Restaurant installs a sign to advise patrons to be considerate of neighbours and to keep noise levels to a minimum

Prospect Road dining tables have no more than 4 guests per table Outdoor dining seating is maintained as approved That Meze Mazi Restaurant ceases outdoor seating at 10.30 pm Delivery of goods, loading and unloading to occur immediately

adjacent the rear door of the restaurant on Azalea Street.

Seating on Azalea Street under each option

Option 1 – 12 seats, 6 tables no more than 2 persons per table Option 2 – 17 seats, max 4 tables no more than 6 persons per table Option 3 – 4 seats, 2 tables, no more than 2 persons per table.

Proposed Management System for all options

Regular patrols by Council inspector regarding compliance with conditions.

Responses to

Email your preference to [email protected] by 5.00 pm 18.11.18

Attachment 3

Atta

chm

ent

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Sonus Pty Ltd 17 Ruthven Avenue ADELAIDE SA 5000 www.sonus.com.au

City of Prospect 126 Prospect Road PROSPECT SA 5082 S5841C1 Attention: Chris Hannaford 9 November 2018 Dear Chris, MEZE MAZI OUTDOOR DINING ENVIRONMENTAL NOISE As requested, an assessment has been made of the potential to reduce noise from outdoor patrons at Meze

Mazi located on the corner of Prospect Road and Azalea Street.

The impact of noise from patrons is dependent on a number of factors including the level of noise and the

times at which the noise occurs. The level of noise at residences is dependent on the number of patrons, the

distance to the residence and the presence of any structures blocking direct or reflected line of sight between

the patrons and residences.

A visit to the site was conducted to determine if there are any practical physical measures, which could be

constructed to reduce the level of noise. Particular consideration was given to the potential for a material

installed under the verandah. The site visit confirmed that there will not be any noticeable reduction in the

level of noise associated with installing any material (sail or acoustically absorbent material) under the

verandah as it does not address the factors described above. Further, no noticeable reduction is likely to be

achieved by any physical measures, which do not enclose the footpath on the western side in combination

with other measures. As blocking the footpath is unlikely to be practical, there are no practical physical

measures which would result in a noticeable reduction in noise at residences in Azalea Street.

In the absence of physical measures, consideration could be given to operational restrictions to reduce the

noise level and impact. Restricting the number of patrons on the Azalea Street footpath has the potential to

reduce noise levels at residences. Reducing the numbers would result in a reduction in the noise level.

Restricting the times of operation during the most sensitive night time has the potential to reduce the impact

of the noise.

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Attachment 4 17

MEZE MAZI OUTDOOR DINING ENVIRONMENTAL NOISE

9 November 2018 Page 2 of 2

sonus If you have any questions or require clarification, please call me. Yours faithfully Sonus Pty Ltd

Chris Turnbull Principal +61 417 845 720 [email protected]

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Attachment 5 18

Item 14.1: Appointment of Deputy Mayor

AGENDA ITEM NO.: 14.1 TO: Council on 27 November 2018 DIRECTOR: Ginny Moon, Director Corporate Services REPORT AUTHOR: Jo-Ann Tanti, Manager Governance & Administration SUBJECT: Appointment of Deputy Mayor


The Local Government Act 1999 provides for the option to appoint a Deputy Mayor for a period not exceeding 4 years. Throughout the prior term of Council, City of Prospect determined to appoint a Deputy for one and two-year terms, the position is to be chosen from the Council Members.

A Deputy Mayor contributes to the continuance of official duties during the absence of the Mayor reducing the requirement to seek full council endorsement on each matter or appointment, maintenance of regional credibility and further providing leadership development opportunity.

Council Members are hereby invited to nominate for the position of Deputy Mayor for a period to be resolved. Should multiple applications be made, a vote will be taken in accordance with meeting procedures.

2. RECOMMENDATION

(1) Council having considered Item 14.1 Appointment of Deputy Mayor of 27 November 2018; appoint Cr…………. to the position of Deputy Mayor for a ………. period, ending in November 201X.


• Local Government Act 1999 Section 51

• Code of Prospect – Meeting Procedures Clause 7.6

Strategic Plan to 2020 Theme 4 – Services “Leaders of the sector providing efficient, responsive, accessible services”

Strategy 4.4

Accountable and people-focused services

The appointment of a Deputy Mayor for a period throughout a term of Council, informs the decision making structure, increases integrity and provides reliable leadership continuity for our community.


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6. Advocacy

Engaging leaders and citizens, businesses and institutions, in identifying opportunities to champion positive change.

A Deputy Mayor continues the strategies of engagement with our community and businesses, in possessing natural leadership qualities to successfully advocate the requests of Council and auspice the desires of our residents.

4. REGIONAL IMPACT

The continued appointment of a Deputy Mayor fosters ongoing and consistent interrelationships with neighbouring councils when the Principal Member is not available.


No community engagement was undertaken in the preparation of this report.

6. DISCUSSION

The Local Government Act 1999 (the Act) allows Council to resolve to appoint a Deputy Mayor. Commencement of term for the new Council leaves the Deputy position vacant.

Although not a requirement under the Act, it is considered appropriate to appoint a Deputy Mayor to deputise for the Mayor as required. The Deputy Mayor would chair Council Meetings in the absence of the Mayor, and in the event of any tied votes, have a casting vote. The Deputy Mayor may also represent Council at civic functions and outside events if the Mayor is unavailable or on leave.

The Mayor will call for nominations for the position of Deputy Mayor and ask for the nominee’s acceptance, Members may nominate themselves. Where there is more than one person nominated a secret vote will be held.

If only two persons are nominated for the position of Deputy Mayor, a simple majority first past the post method of voting is all that is required. However, if three or more persons are nominated, the lowest vote elimination method will be used (as per Council Policy).

Should there be an equal number of votes; the issue will be decided by the drawing of lots. The name of the candidate withdrawn from the lot will be excluded from the ballot.


The Remuneration Tribunal has determined the annual allowance for Deputy Mayor will be equal to one and a quarter (1.25) times the annual allowance of Council Members. There is no impact on the current budget; it was included for the financial year during the business planning process.


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Council administration supports the continuance of a Deputy Mayor appointment, which has proven particularly effective when the Mayor has been unavailable to represent City of Prospect in the past due to unavoidable commitments.

ATTACHMENTS

Nil.


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Item 14.2 Timing of Council Meetings and Councillor Information Sessions



DIRECTOR: Ginny Moon, Director Corporate Services

REPORT AUTHOR: Jo-Ann Tanti, Manager Governance & Administration

SUBJECT: Timing of Ordinary Council Meetings and Councillor Information & Training Sessions


The Council is required to determine the time and place for the holding of Ordinary Meetings of at least one each month. This report provides advance notice to the community and other stakeholders for the opportunity to attend a meeting when an item of interest is for Council’s consideration.

Throughout the previous term of Council, formal and informal meetings were held on Tuesday evenings, and we are proposing to continue on the same night. Formal meetings were traditionally held in the Council Chamber and informal meetings were held at various sites depending on the theme of the evening.

Whilst traditionally meetings have been set for the full four (4) year term of Council, on this occasion, due mostly to organisational transition and limited space, the recommendation is to determine timing and location of meetings up to December 2019.

2. RECOMMENDATION

(1) The Council having considered Item 14.2 on 27 November 2018, Timing of Ordinary Council Meetings and Councillor Information & Training Sessions receive and note the report.

(2) That Council appoint meetings during December 2018:

a. Councillor Information Session – Bus Tour to be held on 4 December 2018 commencing at 6.30pm; and

b. Ordinary Meeting to be held on 18 December 2018 commencing at 7pm in the Prospect Town Hall, 126 Prospect Road.

(3) That Council appoint Ordinary Meetings of the Council for 2019:

a. to be held on the fourth Tuesday of each month commencing at 7pm

with exceptions to account for Public Holidays and holiday periods as


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presented in Attachment 1, commencing January 2019 to December 2019; and

b. to be held in the Nailsworth Community Hall, 31 D’Erlanger Avenue,

Collinswood commencing January 2019 to September 2019; and c. to be held at 128 Prospect Road, Prospect commencing October

2019 to December 2019.

(4) That Council appoint Councillor Information & Training Sessions: a. to be held on the first and second Tuesday of each month

commencing at 6.15pm with exceptions to account for Public Holidays and holiday periods as presented in Attachment 1, commencing from January 2019 to December 2019;

b. to be held in the Prospect Petanque Club, 14-32 Buchanan Street, Nailsworth commencing January 2019 to September 2019;

c. to be held at 128 Prospect Road, Prospect commencing October

2019 to December 2019.


• Local Government Act 1999 Section 81(1)

• City of Prospect Informal Gatherings Policy (Nov. 2016)

• City of Prospect Code of Practice – Meeting Procedures (Oct. 2017)

Strategic Plan to 2020 Theme 1 – People “Know, empower, celebrate, educate and activate our community”

Strategic Plan to 2020 Theme 2 – Place “Loved heritage, leafy streets, fabulous places”

Strategic Plan to 2020 Theme 3 – Prosperity “More jobs, more investment, more activity, more vibrancy”



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There are no direct links to the indicators.

4. REGIONAL IMPACT

City of Prospect schedule of meetings provides limited direct benefit or detriment on a regional perspective.


There was no required or other community engagement undertaken for the preparation of this report. The Community will be informed of meeting places and dates via public notice boards and Council's website.

6. DISCUSSION

The Local Government Act 1999 outlines the minimal requirements a Council must adhere to when scheduling a formal meeting, to effectively obtain a decision on a matter. An Ordinary Meeting of Council must be held at least once per month, and the timing and place is to be appointed by resolution of the Council.

Throughout the previous term of Council, all meetings were held on Tuesday evenings, first and second Tuesday 6.15 - 9.15pm Workshop and fourth Tuesday 7pm Ordinary Meeting. We suggest no changes to the day and timing of Councillor attended sessions for 2019.

Council ordinary meetings may on occasion, continue past 10.30pm, at which time it may be necessary to adjourn the meeting to another day and time or to extend the session as resolved by Council in accordance with the Code of Practice.

A change to the titling and content of Council Workshops follows:

• First Tuesday – to be known as Councillor Information Session: for planning, presentations and discussion of matters that are intended to be part of the agenda for a formal meeting of the Council.

• Second Tuesday – to be known as Councillor Training Session: for the undertaking of Council Member Professional Development Program.

All council scheduled informal sessions are open to the public unless determined confidential in accordance with Council’s Informal Gathering Policy.

A draft schedule of Council Ordinary Meetings and Councillor Information and Training Sessions for 2019 is provided as Attachment 1.

The Ordinary Meeting of Council for December has traditionally been on the third Tuesday of the month commencing at 6pm and followed at approximately 8pm with Christmas Dinner. The 2018 year will have a slight modification, starting the evening at 6pm with dinner and maintaining a consistent Ordinary Meeting start time of 7pm.


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The 2018-2019 Budget includes $12,000 for Councillor meals.

Senior Council Officers are in attendance for formal and informal meetings, technical officers are required to attend informal gatherings as the need arises, to provide a level of detail that will assure informed decision making.


The new Council may take this opportunity to alter the proposed arrangements for 2019, requiring administration to facilitate a communications plan that will ensure the community is well informed of changes to the meeting schedule.

ATTACHMENTS

Attachment 1: Council Meeting and Councillor Information Session Schedule 2019


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Council Meeting and Councillor Information Session

Schedule 2019

2019 Meeting Type Time Location

Tuesday, 15 January 2019 Councillor Information Session **3rd Tuesday 6.15pm

Prospect Petanque Club, 14-32 Buchanan St, Nailsworth

SA 5082

Tuesday, 22 January 2019 Council Meeting 7.00pm

Nailsworth Community Hall, 31 D'Erlanger Ave,

Collinswood SA 5081

Tuesday, 5 February 2019 Councillor Information Session 6.15pm


SA 5082

Tuesday, 12 February 2019 Councillor Training Session 6.15pm


SA 5082

Tuesday, 26 February 2019 Council Meeting 7.00pm


Collinswood SA 5081

Tuesday, 5 March 2019 Councillor Information Session 6.15pm


SA 5082

Tuesday, 12 March 2019 Councillor Training Session 6.15pm


SA 5082

Tuesday, 26 March 2019 Council Meeting 7.00pm


Collinswood SA 5081

Tuesday, 2 April 2019 Councillor Information Session 6.15pm


SA 5082

Tuesday, 9 April 2019 Councillor Training Session 6.15pm


SA 5082

Tuesday, 23 April 2019 Council Meeting 7.00pm


Collinswood SA 5081

Tuesday, 7 May 2019 Councillor Information Session 6.15pm


SA 5082

Tuesday, 14 May 2019 Councillor Training Session 6.15pm


SA 5082

Tuesday, 28 May 2019 Council Meeting 7.00pm


Collinswood SA 5081

Tuesday, 4 June 2019 Councillor Information Session 6.15pm


SA 5082

Tuesday, 11 June 2019 Councillor Training Session 6.15pm


SA 5082

Tuesday, 25 June 2019 Council Meeting 7.00pm


Collinswood SA 5081

Tuesday, 2 July 2019 Councillor Information Session 6.15pm


SA 5082

Tuesday, 9 July 2019 Councillor Training Session 6.15pm


SA 5082

Tuesday, 23 July 2019 Council Meeting 7.00pm


Collinswood SA 5081

Tuesday, 6 August 2019Councillor Information Session 6.15pm


SA 5082

Tuesday, 13 August 2019 Councillor Training Session 6.15pm


SA 5082

Tuesday, 27 August 2019 Council Meeting 7.00pm


Collinswood SA 5081

Tuesday, 3 September 2019 Councillor Information Session 6.15pm


SA 5082

Tuesday, 10 September 2019 Councillor Training Session 6.15pm


SA 5082

Tuesday, 24 September 2019 Council Meeting 7.00pm


Collinswood SA 5081

Tuesday, 1 October 2019 Councillor Information Session 6.15pm 128 Prospect Road, Prospect SA 5082

Tuesday, 8 October 2019 Councillor Training Session 6.15pm 128 Prospect Road, Prospect SA 5082

Tuesday, 22 October 2019 Council Meeting 7.00pm 128 Prospect Road, Prospect SA 5082

Tuesday, 5 November 2019 Councillor Information Session 6.15pm 128 Prospect Road, Prospect SA 5082

Tuesday, 12 November 2019 Councillor Training Session 6.15pm 128 Prospect Road, Prospect SA 5082

Tuesday, 26 November 2019 Council Meeting 7.00pm 128 Prospect Road, Prospect SA 5082

Tuesday, 3 December 2019 Councillor Information Session 6.15pm 128 Prospect Road, Prospect SA 5082

Tuesday, 10 December 2019 Councillor Training Session 6.15pm 128 Prospect Road, Prospect SA 5082

Tuesday, 17 December 2019 Council Meeting ** 3rd Tuesday 7.00pm 128 Prospect Road, Prospect SA 5082Atta

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Attachment 1 26

Item 14.3 Committee Structure and Appointments



DIRECTOR: Ginny Moon, Corporate Services


SUBJECT: Committee Structure and Appointments


Following a local government general election, Council is required to review its Committee structure. At this meeting, Council Members will be provided the opportunity to nominate for a position on the Audit Committee and the Strategic Planning and Development Policies Committee (SPDPC).

The Mayor is appointed to both Committees in accordance with the associated Terms of Reference (attached); Audit Committee will require the appointment of one Council Member for a two year term and meets four to five times per year. SPDPC will require the appointment of four Council Members for the term of Council and meet as required and once per year as a minimum.

All the Committees seek a minimum representation of one female and one male member.

The Chief Executive Officer Performance Review Committee is not a standing committee, unlike Audit Committee and SPDPC, the Chief Executive Officer Performance Review Committee, has dissolved at the expiration of the previous term of Council, along with the external facilitator appointment. Therefore, the re-establishment of this committee will be dealt with separately and is expected to be completed no later than March 2019, in time for the mid-year review in April.

Nominations for Council Member representatives on each committee will be called for and a vote held if required, in accordance with the voting policy in Council's Code of Practice - Meeting Procedures.

2. RECOMMENDATION

(1) The Council having considered Item 14.3 on 27 November 2018, Committee Structure and Appointments receive and note the report.

Audit Committee

(2) Independent members of the Audit Committee receive a sitting fee of $400 and Presiding Member $500 per meeting, and

(3) Mayor David O’Loughlin be appointed to the Audit Committee for the term of Council November 2018 – October 2022, and


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(4) Cr _________ be appointed to the Audit Committee for a term of two years expiring on 31 October 2020.

Strategic Planning and Development Policies Committee

(5) Mayor David O’Loughlin be appointed to the Strategic Planning and Development Policies Committee for the term of Council November 2018 – October 2022, and

(6) Crs _________, _________, _________, _________, be appointed to the Strategic Planning and Development Policies Committee for the term of Council November 2018 – October 2022.


Local Government Act 1999 Section 41 and 126.

Development Act 1993 Section 101A.

City of Prospect Code of Practice – Meeting Procedures







4. REGIONAL IMPACT

City of Prospect appointment to committees provides limited direct benefit or detriment on a regional perspective.


There was no required or other community engagement undertaken for the preparation of this report.


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6. DISCUSSION

Audit Committee

It is a requirement under the Local Government Act 1999 Section 126 for Council to establish an Audit Committee and it is to be constituted as provided under Section 41.

Purpose

The Audit Committee exists to oversee risk management and audit initiatives, providing vetted and informed advice to the Council and CEO.

Role and Responsibilities

A full outline of the committee functions may be found within the Terms of Reference as provided in Attachments 1-4, in brief, the lead areas are as follows:

• External financial audit - includes advising the Council on matters that should be considered in relation to appointments and removals;

• Internal audit - developing of the audit program, receiving of outcome reports and the adequacy of management responses; includes advising the Council on matters that should be considered in relation to appointments and removals;

• Risk management and internal controls - monitoring the adherence to, and appropriateness of policy and procedure;

• Process efficiency & effectiveness – resource allocation and review of services.

The Audit Committee is responsible for the appointment of Council’s external auditor; Tim Muhlhausler, Partner of Galpins are engaged from 1 July 2016 until 30 June 2021. As such, they have completed 2 of a 5 year agreement that will conclude with the audit of the 2020-2021 financial statements expected to be presented to Audit Committee/Council by November 2021.

Membership

In accordance with Clause 6 of the Terms, the committee comprises two appointments of the Council (one being the Mayor) and three independent members. An independent member shall be appointed for a term of up to three years and further as the Audit Committee Terms of Reference does not preclude the reappointment of the retiring member.

The current Audit Committee independent members are:

• Corrine Garrett until March 2019 (Presiding Member); • David Moffatt until March 2020; • Peter Fairlie-Jones until March 2021.

The current sitting fee payable to the independent Chair and independent members of the Audit Committee is $500 and $400 per meeting respectively. Council Member representatives do not receive a sitting fee.


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Council desire a team of committee members that possess the following set of qualities between them:

• Financial reporting / auditing background; • Inquisitiveness; • Knowledge of Council business and/or public sector administration.

The first session is proposed for an informal meeting during the week commencing 14 January 2019, to undertake a two hour planning session.

Thereafter, Monday 18 February 2019 at 4.30pm will be the first formal Audit Committee Meeting, where future meeting dates, of at least four times throughout the year will be set for 2019 to satisfy the reporting and audit cycle.

Strategic Planning and Development Policies Committee

The Development Act 1993 Section 101A, requires Council to establish a Strategic Planning and Development Policies Committee (SPDPC) and it is to be constituted as a Section 41 (Local Government Act 1999) Committee.

Purpose

The SPDPC exists to provide assistance and advice to Council in relation to preparing Development Plan Amendment (DPA) proposals, and to act as a source of advice to the Council and Chief Executive Officer (CEO).

Role and Responsibilities

A full outline of the committee functions may be found within the Terms of Reference as provided in Attachments 5-6, in brief, the lead areas are as follows:

• to provide advice to the council in relation to the extent to which the Council's strategic planning and development policies accord with the State Planning Strategy; and

• to assist Council in undertaking strategic planning and monitoring.

• to provide advice to Council (or to act as its delegate) in relation to strategic planning and development policy issues

• other functions (other than functions relating to development assessment or compliance) assigned to the committee by Council.

Membership

In accordance with Clause 4 of the Terms, the committee comprises five appointments of the Council (one being the Mayor). Each Council Member shall be appointed for the term of Council. At least one member of the Committee is to be a woman and at least one member is to be a man. The Mayor will be Chairperson of the Committee.

The SPDPC meets as required and at a minimum of once per year.


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Chief Executive Officer (CEO) Performance Development Review Committee

The CEO Performance Development Review Committee (CEOPDR) is not a standing committee; the life of the committee does not extend past the term of Council unlike Audit and Strategic Planning committees. Therefore, the CEOPDR Committee was dissolved at the conclusion of the 2018 periodic election (16 November 2018) as set out in the Terms of Reference.

The traditional membership for the Committee includes the Mayor appointed as Presiding Member and four (4) Council Members with a minimum of one female and one male representative. The terms vary to have a mix of two and four year duration. The Committee are charged with engaging an external facilitator, jointly chosen by the CEO and the Committee, to support the development of Key Performance Measures and undertaking of the performance development review process. This position as such is vacant, and it is intended that Administration approach the market to ensure Council engage the services of an individual that meets the qualities most valued in a role of such status. The Terms of Reference have essentially remained the same for the past two terms of Council; it is therefore timely to include this as an opportunity for the new council to review the terms prior to determining to re-establish the committee. Further information and reporting will be provided to Council over coming weeks to determine the CEO review process in time for the April 2019 mid-year review.


The sourcing and engagement of consultant services and independent member sitting fees is included within the recurrent budget as undertaking a regulatory function.


Committees and committee members undertake important functions on behalf of Council, providing advice and discharging functions and duties that improve the transparency and accountability measures of Council. As such in holding a position on a council committee, the Council Member will have the opportunity to attain professional development that may well benefit you well in to the future.

ATTACHMENTS

Attachments 1-4: Audit Committee Terms of Reference

Attachments 5-6: Strategic Planning and Development Policies Committee – Terms of Reference


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City of Prospect: Audit Committee Terms of Reference Page 1 of 4 Adopted by Council 27 September 2016

City of Prospect Audit Committee Terms of Reference

Established pursuant to Sections 126 and 41 of the Local Government Act 1999

1. Objective 1.1. The objective of the Audit Committee (the Committee) is to oversee the City of

Prospect’s (the City’s) risk management, and audit initiatives and to act as a source of advice to the Council and Chief Executive Officer (CEO) in relation to these matters. These Terms of Reference are to be read in conjunction with the Chapter 8 of the Local Government Act 1999 and the City’s Risk Management Policy and Procedures.

2. Authority 2.1. The Committee is appointed by the Council as a Section 41 Committee and has the

authority to require any information it sees as relevant to its activities from any Councillor, executive, staff member, volunteer, contractor or consultant, each of whom are required to respond to such enquiries. The Committee is authorised to obtain independent professional advice where considered necessary following consultation with the CEO.

3. Responsibilities of the Committee 3.1. The responsibilities of the Committee are to:

3.2. General

3.2.1. Examine any matters referred to the Committee and undertake any other investigations considered appropriate.

3.2.2. To develop a program of audits to ensure the active management of risk and to demonstrate transparency and financial prudence.

3.2.3. Receive Internal and External Audit reports and monitor the implementation of corrective actions.

3.2.4. Support the development and promulgation of policies related to relevant legislation in particular the Whistleblowers Protection Act, 1993.

3.3. External Audit

3.3.1. Support and provide advice to the Council in the appointment, evaluation and removal of the External Auditor.

3.3.2. Consider the coordination of the internal and external audit programs.

3.3.3. Review audit results and managements’ response to external audit reports.

3.3.4. Ensure that the External Audit concerns itself with the matters contained within part 3 and part 4 of Chapter 8 of the Local Government Act.

3.3.5. Be satisfied with the independence, scope and effectiveness of the external audit.

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Attachment 1 32


3.3.6. Ensure that the Auditor is provided with open and transparent access to officers, Councillors and information so as to enable the auditor to effectively conduct the task consistent with Chapter 8 of the Local Government Act.

3.4. Internal Audit (Efficiency and Effectiveness Audits) 3.4.1. Support and provide advice to the Council in the appointment, evaluation and

removal of the Internal Auditor or independent, suitably qualified person(s) engaged to undertake Efficiency and Effectiveness Audits.

3.4.2. Ensure that Internal Audits shall concern themselves with the extent to which policy objectives have been satisfied, that is how effective the policy has been and how efficiently it has been implemented.

3.4.3. Discuss and approve the Audit Committee Work Program and consider resourcing regarding the staffing and budget requirements.

3.4.4. Consider the coordination of the internal and external audit programs. The purpose of coordinating these efforts is to assure efficiency, reduce redundancy and use audit resources effectively.

3.4.5. Receive internal audit reports, consider recommendations and monitor the implementation of agreed corrective actions.

3.4.6. Be satisfied that the City has appropriate fraud and corruption prevention strategies and adequate processes are in place to identify and address any fraudulent or corrupt activities.

3.4.7. Be satisfied with the independence, scope and effectiveness of internal audit.

3.4.8. Authorise special investigations (eg. fraud, misconduct and maladministration) where required.

3.5. Risk Management 3.5.1. Be satisfied that the City’s Risk Management Policy and Procedures are being

followed, monitoring the City’s risk profile, tolerance levels and mitigation strategies.

3.5.2. Assess management systems and policies that deal with the adequacy and effectiveness of risk management and internal control practices.

3.5.3. Be aware of actual/proposed changes in the City’s operating environment and the potential impact they may have on the City’s risk profile.

3.5.4. Monitor the City’s ethical environment and the appropriateness of the Code of Conduct, policies and operational practices.

3.5.5. Be aware of the City’s Risk Register and that adequate actions are in place to mitigate risk to a tolerance acceptable to the City.

3.6. Process Efficiency and Improvement 3.6.1. Guide continuous improvement on Council’s policy and strategy

enhancements to have a particular focus on resource collaboration and innovation, to drive operational improvements across Council’s core business processes.

3.6.2. Provide a forum to enable complex or strategic issues to be considered in the context of driving process improvement.

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Attachment 2 33


4. Appointment and Removal of the City’s External Auditor 4.1. Council appoints the External Auditor for a five year term under the provisions of the

Local Government Act 1999. The Audit Committee will provide advice to Council for its consideration in relation to the appointment and removal of the External Auditor.

4.2. The role of the External Auditor is to audit the City’s financial statements and provide an opinion on their accuracy, compliance with accounting standards and to note any particular matters arising from the audit.

5. Appointment and Removal of the City’s Internal Auditor 5.1. The Internal Auditor or independent, suitably qualified person, may be a person or

firm appointed for a fixed term (maximum 5 years) or may be engaged per commission / assignment. Authority to appoint rests with the Audit Committee under delegation within the confines of the allocated budget. Termination of the Internal Auditor during the term of an appointment is at the decision of the Committee. The Committee shall cause a specific report to be presented to Council detailing the reasons for the termination.

5.2. The role of the Internal Auditor shall be separate from that of the External Auditor to, as far as possible, maintain independence.

6. Membership 6.1. The Committee will comprise two appointments of the Council (one being the Mayor)

and three independent positions.

6.1.1. Of the independent members, at least one must be a man and at least one must be a woman. (Effective March 2016)

6.1.2. One of the independent appointments shall be appointed by the Audit Committee as the Chairperson for the Committee, for one year.

6.2. Only members of the committee are entitled to vote in committee meetings. Unless otherwise required by the Act not to vote, each member must vote on every matter that is before the committee for decision.

6.3. Executives and senior managers as relevant shall attend Committee meetings as observers and/or be responsible for preparing papers for the Committee.

6.4. Independent Members of the Committee shall be appointed for a term of up to three years.

6.5. The Mayor shall be appointed for the term of Council.

6.6. An Elected Member shall be appointed for a term of two years.

6.7. In considering appointments to the Committee it is highly desirable that Committee members possess the following qualities between them:

• financial reporting/auditing background

• inquisitiveness

• knowledge of Council business and/or public sector administration.

6.8. Committee members are to declare any interests in accordance with the declaration of interest clauses within the Local Government Act 1999. Independence means not a supplier/receiver of goods and services to/from the City or its related bodies, either personally, or by direct relatives or entities which members own or have a controlling interest in.

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Attachment 3 34


6.9. Non-compliance with these independence standards must be brought to the attention of the Committee at the time of nomination to the Committee and as they occur once a Committee Member.

6.10. If a member does not attend any scheduled meeting within a six (6) month period, Council reserves the right to terminate the member’s appointment and refill the position.

7. Quorum 7.1. A quorum for the Committee consists of at least 50% of the number of committee

members (ignoring any fraction) plus one. Meetings are to be rescheduled if there is no quorum.

8. Secretarial and Meeting Procedure 8.1. Secretarial services will be provided by the Council.

8.2. Meetings shall be held in accordance with meeting and confidentiality provisions of the Local Government Act as appropriate.

9. Meetings 9.1. The Committee will meet at least four times a year at appropriate times in the

reporting and audit cycle as required. One of the meetings may be a workshop forum to discuss and/or develop the External and Internal audit plans and Audit Committee Work Program.

9.2. The Chairperson is to call a Committee meeting if requested by any Committee Member or either the Internal or External Auditors.

10. Self Assessment 10.1. The Committee shall conduct a self assessment to determine its effectiveness every

12 months, and report the outcome to Council. The CEO is to furnish the Committee with the information necessary to perform the review.

10.2. These Terms of Reference are to be reviewed as part of the self-assessment procedure, and approved by Council.

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Attachment 4 35

City of Prospect: SPDPC Terms of Reference Adopted by Council 25 November 2014

Strategic Planning & Development Policies Committee

Terms of Reference

1. Objective

1.1. The objective of the Strategic Planning & Development Policies Committee (the Committee) is to provide assistance and advice to Council in relation to preparing Development Plan Amendment (DPA) proposals, and to act as a source of advice to the Council and Chief Executive Officer (CEO). The Terms of Reference are to be read in conjunction with Section 101A of the Development Act 1993.

2. Authority

2.1. The Committee is appointed by Council as a Section 41 Committee and has the authority to require any information it sees as relevant to its activities from any Elected Member, executive, staff member, volunteer, contractor or consultant, each of whom are required to respond to such enquiries.

3. Responsibilities of the Committee

3.1. The responsibilities of the Committee are as set out in Section 101A of the Development Act listed below and any additional responsibilities identified by Council.

3.1.1. to provide advice to council in relation to the extent to which the council's strategic planning and development policies accord with the Planning Strategy; and

3.1.2. to assist council in undertaking strategic planning and monitoring directed at achieving:

(i) orderly and efficient development within the area of the council; and

(ii) high levels of integration of transport and land-use planning; and

(iii) relevant targets set out in the Planning Strategy within the area of the council; and

(iiia) the implementation of affordable housing policies set out in the Planning Strategy within the area of the council; and

(iv) other outcomes of a prescribed kind (if any); and

3.1.3. to provide advice to the council (or to act as its delegate) in relation to strategic planning and development policy issues when the council is preparing—

(i) a Strategic Directions Report; or

(ii) a Development Plan Amendment proposal; and

3.1.4. other functions (other than functions relating to development assessment or compliance) assigned to the committee by the council.

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Attachment 5 36

City of Prospect: SPDPC Terms of Reference Adopted by Council 25 November 2014

4. Membership

4.1. The Committee will comprise the Mayor and four Elected Members At least one member of the Committee is to be a woman and at least one member is to be a man. The Mayor will be Chair of the Committee.

4.2. Only members of the committee are entitled to vote in committee meetings. Unless otherwise required by the Act, each member must vote on every matter that is before the committee for decision.

4.3. Executives and senior managers as relevant shall attend Committee meetings as observers and be responsible for preparing papers for the Committee.

4.4. Each Elected Member appointment to the Committee shall be for the term of Council.

4.5. In considering appointments to the Committee it is highly desirable that Committee members possess the following experience/qualities between them:

• strategic planning• planning & development• inquisitiveness• knowledge of Council business and/or public sector administration• urban design and architecture – including heritage architecture & landscape

architecture• risk management and governance• social planning, social inclusion and community welfare• traffic engineering• environmental planning and associated law• environmental sustainability• asset management• economic development.• any other relevant experience that would benefit the Committee’s operations

4.6. Committee members are to declare any interests in accordance with the declaration of interest clauses within the Local Government Act 1999.

5. Quorum

5.1. A quorum for the Committee consists of at least 50% of the number of committee members (ignoring any fraction) plus one. Meetings are to be rescheduled if there is no quorum.

6. Secretarial and Meeting Procedure

6.1. Secretarial services will be provided by Council.

6.2. Meetings shall be held in accordance with meeting and confidentiality provisions of the Local Government Act 1999 and City of Prospect Code of Practice- Meeting Procedures.

7. Meetings

7.1. The Committee will meet as required, and once a year as a minimum.

7.2. The Chairperson is to call a Committee meeting if requested by any Committee Member or directed by Council.

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Attachment 6 37

Item 14.4: Review Code of Practice – Meeting Procedures

AGENDA ITEM NO.: 14.4 TO: Council Meeting on 27 November 2018 DIRECTOR: Ginny Moon, Director Corporate Services REPORT AUTHOR: Jo-Ann Tanti, Manager Governance & Administration SUBJECT: Review Code of Practice – Meeting Procedures


Council is committed to acting in the best interest of the community, providing open and accountable practices and encouraging our residents to attend meetings when a matter of interest to them is to be considered.

The Code of Practice – Meeting Procedures (the Code) is a recommended guideline providing Council with an opportunity to vary the procedures included at Regulation 6 of the Local Government (Procedures at Meetings) Regulations 2013 (the Regulations).

Council’s current document was extensively reviewed in October 2017, retaining General Business items of an urgent nature, and supporting the introduction of new business through Motions on Notice. This approach safeguards a greater level of transparency for decision making.

Administration is not encouraging further changes to the procedure at this time, and will ensure a further review in late 2019.

2. RECOMMENDATION

(1) Council having considered Item 14.4 Review Code of Practice – Meeting Procedures, endorse the Code of Practice – Meeting Procedures (as presented in attachments 1-25).


Local Government Act 1999 Local Government (Procedures at Meetings) Regulations 2013, Regulation 6 Corporate Governance & Internal Control Framework Clause 2.10 Open and transparent Council meetings and committee meetings encourage processes that underpin representative democracy and ensure public confidence in Council’s decision-making practices. The establishment of good governance principles ensures Council meets its legislative responsibilities by undertaking regular policy updates resulting from organisational and legislative change as outlined within Council’s Corporate Governance Framework.


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Strategy 4.4


Continual monitoring of Council’s policy framework is integral to sustaining relevance in a changing environment. A well-researched and compliant policy provides for transparent operations, whilst managing stakeholder expectations. Council strategy 4.4 accountable and people-focused services, is in part met with the establishing of performance and service standards in visible instruments of policy.



4. REGIONAL IMPACT

The Code of Practice – Meeting Procedures provides limited direct benefit or detriment on a regional perspective.



6. DISCUSSION

Background

On 1 January 2014 the Local Government (Procedures at Meetings) Regulations 2013 (the Regs.) commenced. Council’s Code was reviewed to reflect the changes in the new regulations, incorporating supplementary provisions.

Regulation 6 provides the ability for Council to vary some of the Regulations subject to:

• The requirements of the Act; and

• a resolution supported by at least two-thirds of the members of the council entitled to vote on the resolution.

Any variations must give consideration to Regulation 4 – Guiding Principles.

Discussion

The previous review undertaken in October 2017 achieved a number of changes to the Code for Adjourned Business; Supplementary Provisions of Protocol and General Business; and the removal of agenda templates.


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Therefore Council administration is not eager to recommend further changes at this time and would like to take the opportunity to work with the new Council through information sessions as the team dynamic develops over coming months.


There will be no known resourcing implications associated with the delivery of this decision.


Variations to the Regulations have been inserted in red font to highlight the changes Council have previously adopted.

ATTACHMENTS

Attachments 1-25: Code of Practice – Meeting Procedures


40

Code of Practice – Meeting Procedures Meetings of Council and Standing Committees

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Attachment 1 41

Reference Number: CR17/1029

Type: Code of Practice

Responsibility: Chief Executive Officer

Responsible Officer (s): Manager Governance & Administration

Initial Adopted Date: Council November 2014

Last Review Date: October 2017 November 2018

Next Review Date: November 2018 November 2019

Legislation: Local Government Act 1999 Local Government (Procedures at Meetings) Regulations 2013

Related Documents:

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Attachment 2 42

Contents

1 Purpose ........................................................................................................................ 3

2 Scope ............................................................................................................................ 3

3 Definitions .................................................................................................................... 3

4 Legislative and Corporate Requirements..................................................................... 3

5 Policy Statement .......................................................................................................... 3

6 Local Government (Procedures at Meetings) Regulations 2013 ....................... 4

7 Supplementary Council Provisions .............................................................................. 20

7.1 Kaurna Acknowledgement and Opening Statement ......................................................... 20

7.2 Finishing times ............................................................................................................. 20

7.3 Recording of meetings .................................................................................................. 20

7.4 Protocol ....................................................................................................................... 20

7.5 General Business – Urgent Matters ................................................................................ 20

7.6 Voting Procedures For Nominations For Internal And External Positions ........................... 21

7.7 Stand whilst Speaking ................................................................................................... 21

8 Summary of Duties and Responsibilities of Presiding Members ................................. 22

City of Prospect: Code of Practice – Meeting Procedures 2

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1 Purpose

1.1 The Code of Practice – Meeting Procedures (the Code) ensures the meeting procedures undertaken by Council are consistent with the Local Government (Procedures at Meetings) Regulations 2013.

2 Scope

2.1 The Code applies to:

2.1.1 Ordinary Meetings of Council

2.1.2 Special Meetings of Council

2.1.3 Meetings of Standing Committees including Audit Committee, Strategic Policy & Development Planning Committee and any other Standing Committee formed under Section 41 of the Local Government Act 1999.

3 Definitions

3.1 “the Act” means the Local Government Act 1999

3.2 “the Regulations” means the Local Government (Procedures at Meetings) Regulations 2013.

3.3 Further definitions can be found at Regulation 3 (on pages 3 & 4).

4 Legislative and Corporate Requirements

4.1 The Regulations include Guiding Principles to be observed at meetings of council and council committees:

(a) procedures should be fair and contribute to open, transparent and informed decision-making;

(b) procedures should encourage appropriate community participation in the affairs of the council;

(c) procedures should reflect levels of formality appropriate to the nature and scope of responsibilities exercised at the meeting;

(d) procedures should be sufficiently certain to give the community and decision-makers confidence in the deliberations undertaken at the meeting.

5 Policy Statement

5.1 Council is committed to acting in the best interest of the community and to upholding the principles of honesty, integrity and transparency, which are all key components of good governance.


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Attachment 4 44

1.1.2014—Local Government (Procedures at Meetings) Regulations 2013 Preliminary—Part 1

6 Local Government (Procedures at Meetings) Regulations 2013

Under the Local Government Act 1999

Version: 1.1.2014

Contents

Part 1—Preliminary

1 Short title 2 Commencement 3 Interpretation 4 Guiding Principles

Part 2—Meetings of councils and key committees

Division 1—Preliminary

5 Application of Part 6 Discretionary procedures

Division 2—Prescribed procedures

7 Commencement of meetings and quorums 8 Minutes 9 Questions 10 Petitions 11 Deputations 12 Motions 13 Amendments to motions 14 Variations etc 15 Addresses by members etc 16 Voting 17 Divisions 18 Tabling of information 19 Adjourned business 20 Short-term suspension of proceedings 21 Chief executive officer may submit report recommending revocation or

amendment of council decision

Part 3—Meetings of other committees

22 Application of Part 23 Notice of meetings for members 24 Public notice of committee meetings 25 Minutes

Part 4—Miscellaneous

26 Quorum for committees 27 Voting at committee meetings 28 Points of order


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29 Interruption of meetings by members 30 Interruption of meetings by others

Schedule 1—Revocation of Local Government (Procedures at Meetings) Regulations 2000

Legislative history

Part 1—Preliminary

1—Short title

These regulations may be cited as the Local Government (Procedures at Meetings) Regulations 2013.

2—Commencement

These regulations will come into operation on 1 January 2014.

3—Interpretation

(1) In these regulations, unless the contrary intention appears—

Act means the Local Government Act 1999;

clear days—see subregulations (2) and (3);

deputation means a person or group of persons who wish to appear personally before a council or council committee in order to address the council or committee (as the case may be) on a particular matter;

formal motion means a motion—

(a) that the meeting proceed to the next business; or

(b) that the question be put; or

(c) that the question lie on the table; or

(d) that the question be adjourned; or

(e) that the meeting be adjourned1;

Guiding Principles—see regulation 4;

member means a member of the council or council committee (as the case may be);

point of order means a point raised to draw attention to an alleged breach of the Act or these regulations in relation to the proceedings of a meeting;

presiding member means the person who is the presiding member of a council or council committee (as the case may be) and includes any person who is presiding at a particular meeting;

w ritten notice includes a notice given in a manner or form determined by the council.


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Attachment 6 46

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Local%20Government%20Act%201999


(2) In the calculation of clear days in relation to the giving of notice before a meeting—

(a) the day on which the notice is given, and the day on which the meeting occurs, will not be taken into account; and

(b) Saturdays, Sundays and public holidays will be taken into account.

(3) For the purposes of the calculation of clear days under subregulation (2), if a notice is given after 5 p.m. on a day, the notice will be taken to have been given on the next day.

(4) For the purposes of these regulations, a vote on whether leave of the meeting is granted may be conducted by a show of hands (but nothing in this subregulation prevents a division from being called in relation to the vote).

Note—

1 See regulation 12 for specific provisions about formal motions.

4—Guiding Principles

The following principles (the Guiding Principles) should be applied with respect to the procedures to be observed at a meeting of a council or a council committee:

(a) procedures should be fair and contribute to open, transparent and informed decision-making;

(b) procedures should encourage appropriate community participation in the affairs of the council;

(c) procedures should reflect levels of formality appropriate to the nature and scope of responsibilities exercised at the meeting;

(d) procedures should be sufficiently certain to give the community and decision-makers confidence in the deliberations undertaken at the meeting.

Part 2—Meetings of councils and key committees

Division 1—Preliminary

5—Application of Part

The provisions of this Part apply to or in relation to—

(a) the meetings of a council; and

(b) the meetings of a council committee performing regulatory activities; and

(c) the meetings of any other council committee if the council has, by resolution, determined that this Part should apply to that committee.


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Attachment 7 47

1.1.2014—Local Government (Procedures at Meetings) Regulations 2013 Meetings of councils and key committees—Part 2

Preliminary—Division 1

6—Discretionary procedures

(1) Subject to the requirements of the Act, if a provision of this Part is expressed to be capable of being varied at the discretion of the council pursuant to this regulation, then a council may, by a resolution supported by at least two-thirds of the members of the council entitled to vote on the resolution, determine that a code of practice prepared or adopted by the council that establishes its own procedures for the relevant matter or matters will apply in substitution for the relevant provision (and such a determination will have effect according to its terms).

(2) A council should, at least once in every financial year, review the operation of a code of practice under this regulation.

(3) A council may at any time, by resolution supported by at least two-thirds of the members of the council entitled to vote on the resolution, alter a code of practice, or substitute or revoke a code of practice.

(4) A council must, in considering the exercise of a power under this regulation, take into account the Guiding Principles.

(5) A person is entitled to inspect (without charge) the code of practice of a council under this regulation at the principal office of the council during ordinary office hours.

(6) A person is entitled, on payment of a fee fixed by the council, to a copy of the code of practice.

(7) Regulation 12(4) does not apply to a motion under subregulation (3).

(8) This regulation does not limit or derogate from the operation of regulation 201.

Note—

1 Furthermore, if a matter is not dealt with by the Act or these regulations (including under a code of practice under this regulation), then the relevant procedure will be—

(a) as determined by the council; or

(b) in the case of a council committee where a determination has not been made by the council—as determined by the committee.

(See sections 86(8) and 89(1) of the Act.)

Division 2—Prescribed procedures

7—Commencement of meetings and quorums

(1) A meeting will commence as soon after the time specified in the notice of meeting as a quorum is present.

(2) If the number of apologies received by the chief executive officer indicates that a quorum will not be present at a meeting, the chief executive officer may adjourn the meeting to a specified day and time.

(3) If at the expiration of 30 minutes from the time specified in the notice of meeting as the time of commencement a quorum is not present, the presiding member or, in the absence of a presiding member, the chief executive officer, will adjourn the meeting to a specified day and time.


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Attachment 8 48


Prescribed procedures—Division 2

(4) If a meeting is adjourned for want of a quorum, the chief executive officer will record in the minute book the reason for the adjournment, the names of any members present, and the date and time to which the meeting is adjourned.

(5) If a meeting is adjourned to another day, the chief executive officer must—

(a) give notice of the adjourned meeting to each member setting out the date, time and place of the meeting; and

(b) give notice of the adjourned meeting to the public by causing a notice setting out the date, time and place of the meeting to be placed on display at the principal office of the council.

8—Minutes

(1) The minutes of the proceedings at a meeting must be submitted for confirmation at the next meeting or, if that is omitted, at a subsequent meeting.

(2) No discussion on the minutes may occur before confirmation, except as to the accuracy of the minutes as a record of proceedings.

(3) On the confirmation of the minutes, the presiding member will—

(a) initial each page of the minutes, which pages are to be consecutively numbered; and

(b) place his or her signature and the date of confirmation at the foot of the last page of the minutes.

(4) The minutes of the proceedings of a meeting must include—

(a) the names of the members present at the meeting; and

(b) in relation to each member present—

(i) the time at which the person entered or left the meeting; and

(ii) unless the person is present for the whole meeting, the point in the proceedings at which the person entered or left the meeting; and

(c) each motion or amendment, and the names of the mover and seconder; and

(d) any variation, alteration or withdrawal of a motion or amendment; and

(e) whether a motion or amendment is carried or lost; and

(f) any disclosure of interest made by a member; and

(g) an account of any personal explanation given by a member; and

(h) details of the making of an order under subsection (2) of section 90 of the Act (see subsection (7) of that section); and

(i) a note of the making of an order under subsection (7) of section 91 of the Act in accordance with the requirements of subsection (9) of that section; and

(j) details of any adjournment of business; and

(k) a record of any request for documents to be tabled at the meeting; and


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Attachment 9 49



(l) a record of any documents tabled at the meeting; and

(m) a description of any oral briefing given to the meeting on a matter of council business; and

(n) any other matter required to be included in the minutes by or under the Act or any regulation.

9—Questions

(1) A member may ask a question on notice by giving the chief executive officer written notice of the question at least 5 clear days before the date of the meeting at which the question is to be asked.

(2) If notice of a question is given under subregulation (1)—

(a) the chief executive officer must ensure that the question is placed on the agenda for the meeting at which the question is to be asked; and

(b) the question and the reply must be entered in the minutes of the relevant meeting.

(3) A member may ask a question without notice at a meeting.

(4) The presiding member may allow the reply to a question without notice to be given at the next meeting.

(5) A question without notice and the reply will not be entered in the minutes of the relevant meeting unless the members present at the meeting resolve that an entry should be made.

(6) The presiding member may rule that a question with or without notice not be answered if the presiding member considers that the question is vague, irrelevant, insulting or improper.

10—Petitions

(1) A petition to the council must—

(a) be legibly written or typed or printed; and

(b) clearly set out the request or submission of the petitioners; and

(c) include the name and address of each person who signed or endorsed the petition; and

(d) be addressed to the council and delivered to the principal office of the council.

(2) If a petition is received under subregulation (1), the chief executive officer must ensure that the petition or, if the council has so determined as a policy of the council, a statement as to the nature of the request or submission and the number of signatures or the number of persons endorsing the petition, is placed on the agenda for the next ordinary meeting of the council or, if so provided by a policy of the council, a committee of the council.

(3) Subregulation (2) may be varied at the discretion of the council pursuant to regulation 6.


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Attachment 10 50



11—Deputations

(1) A person or persons wishing to appear as a deputation at a meeting must deliver (to the principal office of the council) a written request to the council.

(2) The chief executive officer must transmit a request received under subregulation (1) to the presiding member.

(3) The presiding member may refuse to allow the deputation to appear at a meeting.

(4) The chief executive officer must take reasonable steps to ensure that the person or persons who requested a deputation are informed of the outcome of the request.

(5) If the presiding member refuses to allow a deputation to appear at a meeting, the presiding member must report the decision to the next meeting of the council or council committee (as the case may be).

(6) The council or council committee may resolve to allow a deputation to appear despite a contrary ruling by the presiding member.

(7) A council may refer the hearing of a deputation to a council committee.

12—Motions

(1) A member may bring forward any business in the form of a written notice of motion.

(2) The notice of motion must be given to the chief executive officer at least 5 clear days before the date of the meeting at which the motion is to be moved.

(3) A motion the effect of which, if carried, would be to revoke or amend a resolution passed since the last general election of the council must be brought by written notice of motion.

(4) If a motion under subregulation (3) is lost, a motion to the same effect cannot be brought—

(a) until after the expiration of 12 months; or

(b) until after the next general election,

whichever is the sooner.

(5) Subject to the Act and these regulations, a member may also bring forward any business by way of a motion without notice.

(6) The presiding member may refuse to accept a motion without notice if, after taking into account the Guiding Principles, he or she considers that the motion should be dealt with by way of a written notice of motion.

(7) The presiding member may refuse to accept a motion if the subject matter is, in his or her opinion, beyond the power of the council or council committee (as the case may be).

(8) A motion will lapse if it is not seconded at the appropriate time.

(9) A member moving or seconding a motion will speak to the motion at the time of moving or seconding the motion.


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Attachment 11 51



(10) A member may only speak once to a motion except—

(a) to provide an explanation in regard to a material part of his or her speech, but not so as to introduce any new matter; or

(b) with leave of the meeting; or

(c) as the mover in reply.

(11) A member who has spoken to a motion may not at a later stage of the debate move or second an amendment to the motion.

(12) A member who has not spoken in the debate on a question may move a formal motion.

(13) A formal motion must be in the form of a motion set out in subregulation (14) (and no other formal motion to a different effect will be recognised).

(14) If the formal motion is—

(a) that the meeting proceed to the next business, then the effect of the motion, if successful, is, in the case of an amendment, that the amendment lapses and the meeting proceeds with the consideration of the motion before the meeting without further reference to the amendment and, in the case of a motion, that the motion lapses and the meeting proceeds to the next item of business; or

(b) that the question be put, then the effect of the motion, if successful, is that debate is terminated and the question put to the vote by the presiding member without further debate; or

(c) that the question lie on the table, then the effect of the motion, if successful, is that the meeting immediately moves to the next item of business and the question can then only be retrieved at a later time by resolution (and, if so retrieved, debate is then resumed at the point of interruption); or

(d) that the question be adjourned, then the effect of the motion, if successful, is that the question is disposed of for the time being but debate can be resumed at the later time (at the point of interruption); or

(e) that the meeting be adjourned, then the effect of the motion, if successful, is that the meeting is brought to an end immediately without the consideration of further business.

(15) If seconded, a formal motion takes precedence and will be put by the presiding member without discussion unless the motion is for an adjournment (in which case discussion may occur (but only occur) on the details for resumption).

(16) A formal motion does not constitute an amendment to a substantive motion.

(17) If a formal motion is lost—

(a) the meeting will be resumed at the point at which it was interrupted; and

(b) if the formal motion was put during debate (and not at the end of debate) on a question, then a similar formal motion (ie a motion to the same effect) cannot be put until at least 1 member has spoken on the question.


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(18) A formal motion for adjournment must include the reason for the adjournment and the details for resumption.

(19) Any question that lies on the table as a result of a successful formal motion under subregulation (14)(c) lapses at the next general election.

(20) The chief executive officer must report on each question that lapses under subregulation (19) to the council at the first ordinary meeting of the council after the general election.

(21) Subregulations (9), (10) and (11) may be varied at the discretion of the council pursuant to regulation 6.

13—Amendments to motions

(1) A member who has not spoken to a motion at an earlier stage of the debate may move or second an amendment to the motion.

(2) An amendment will lapse if it is not seconded at the appropriate time.

(3) A person who moves or seconds an amendment (and, if he or she chooses to do so, speaks to the amendment) will, in so doing, be taken to have spoken to the motion to which the amendment relates.

(4) If an amendment is lost, only 1 further amendment may be moved to the original motion.

(5) If an amendment is carried, only 1 further amendment may be moved to the original motion.

(6) Subregulations (1), (3), (4) and (5) may be varied at the discretion of the council pursuant to regulation 6.

14—Variations etc

(1) The mover of a motion or amendment may, with the consent of the seconder, request leave of the meeting to vary, alter or withdraw the motion or amendment.

(2) The presiding member must immediately put the question for leave to be granted and no debate will be allowed on that question.

15—Addresses by members etc

(1) A member must not speak for longer than 5 minutes at any 1 time without leave of the meeting.

(2) A member may, with leave of the meeting, raise a matter of urgency.

(3) A member may, with leave of the meeting, make a personal explanation.

(4) The subject matter of a personal explanation may not be debated.

(5) The contribution of a member must be relevant to the subject matter of the debate.

(6) Subregulations (1) and (2) may be varied at the discretion of the council pursuant to regulation 6.


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Attachment 13 53



16—Voting

(1) The presiding member, or any other member, may ask the chief executive officer to read out a motion before a vote is taken.

(2) The presiding member will, in taking a vote, ask for the votes of those members in favour of the question and then for the votes of those members against the question (and may do so as often as is necessary to enable him or her to determine the result of the voting), and will then declare the outcome.

(3) A person who is not in his or her seat is not permitted to vote.

(4) Subregulation (3)—

(a) may be varied at the discretion of the council pursuant to regulation 6; and

(b) does not apply in relation to a member participating in a council committee meeting by telephone or electronic means approved in accordance with procedures determined by the council or council committee for the purposes of section 89 of the Act.

17—Divisions

(1) A division will be taken at the request of a member.

(2) If a division is called for, it must be taken immediately and the previous decision of the presiding member as to whether the motion was carried or lost is set aside.

(3) The division will be taken as follows:

(a) the members voting in the affirmative will, until the vote is recorded, stand in their places;

(b) the members voting in the negative will, until the vote is recorded, sit in their seats;

(c) the presiding member will count the number of votes and then declare the outcome.

(4) The chief executive officer will record in the minutes the names of members who voted in the affirmative and the names of the members who voted in the negative (in addition to the result of the vote).

(5) Subregulation (3) may be varied at the discretion of the council pursuant to regulation 6.

Council has previously resolved: (3) The division will be taken as follows—

(a) the members voting in the negative will, until the vote is recorded, stand in their places; and

(b) the members voting in the affirmative will, until the vote is recorded, sit in their seats; and

(c) the presiding member will count the number of votes and then declare the outcome.


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Attachment 14 54



18—Tabling of information

(1) A member may require the chief executive officer to table any documents of the council relating to a motion that is before a meeting (and the chief executive officer must then table the documents within a reasonable time, or at a time determined by the presiding member after taking into account the wishes of the meeting, and if the member who has required the tabling indicates that he or she is unwilling to vote on the motion until the documents are tabled, then the matter must not be put to the vote until the documents are tabled).

(2) The chief executive officer may, in tabling a document, indicate that in his or her opinion consideration should be given to dealing with the document on a confidential basis under section 90 or 91 of the Act.

19—Adjourned business

(1) If a formal motion for a substantive motion to be adjourned is carried—

(a) the adjournment may either be to a later hour of the same day, to another day, or to another place; and

(b) the debate will, on resumption, continue from the point at which it was adjourned.

(2) If debate is interrupted for want of a quorum and the meeting is then adjourned, the debate will, on resumption, continue from the point at which it was interrupted.

(3) Business adjourned from a previous meeting must be dealt with before any new business at a subsequent meeting.

(4) The provisions of this regulation may be varied at the discretion of the council pursuant to regulation 6.

Council has previously resolved:

(1) If a formal motion for a substantive motion to be adjourned is carried, and

(2) If a debate is interrupted for want of a quorum and the meeting is then adjourned –

(a) the debate will, on resumption, recommence as if the item has not yet been considered.

20—Short-term suspension of proceedings

(1) If the presiding member considers that the conduct of a meeting would benefit from suspending the operation of all or some of the provisions of this Division for a period of time in order to allow or facilitate informal discussions, the presiding member may, with the approval of at least two-thirds of the members present at the meeting, suspend the operation of this Division (or any part of this Division) for a period determined by the presiding member.

(2) The Guiding Principles must be taken into account when considering whether to act under subregulation (1).


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(3) If a suspension occurs under subregulation (1)—

(a) a note of the suspension, including the reasons for and period of suspension, must be entered in the minutes; and

(b) the meeting may proceed provided that a quorum is maintained but, during the period of suspension—

(i) the provisions of the Act must continue to be observed1; and

(ii) no act or discussion will have any status or significance under the provisions which have been suspended; and

(iii) no motion may be moved, seconded, amended or voted on, other than a motion that the period of suspension should be brought to an end; and

(c) the period of suspension should be limited to achieving the purpose for which it was declared; and

(d) the period of suspension will come to an end if—

(i) the presiding member determines that the period should be brought to an end; or

(ii) at least two-thirds of the members present at the meeting resolve that the period should be brought to an end.

Note—

1 See particularly Part 4 of Chapter 5, and Chapter 6, of the Act.

21—Chief executive officer may submit report recommending revocation or amendment of council decision

(1) The chief executive officer may submit a report to the council recommending the revocation or amendment of a resolution passed since the last general election of the council.

(2) The chief executive officer must ensure that the report is placed on the agenda for the meeting at which the report is to be considered.

(3) The provisions of this regulation may be varied at the discretion of the council pursuant to regulation 6.


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Attachment 16 56

1.1.2014—Local Government (Procedures at Meetings) Regulations 2013 Meetings of other committees—Part 3

Part 3—Meetings of other committees

22—Application of Part

The provisions of this Part apply to or in relation to the meetings of any council committee that is not subject to the operation of Part 2.

23—Notice of meetings for members

Pursuant to section 87(15) of the Act, section 87 is modified in its application in relation to the meetings of a committee to which this Part applies as if subsections (4) and (7) to (10) of that section provided as follows:

(a) that notice of a meeting of the committee may be given in a form determined by the committee after taking into account the nature and purpose of the committee;

(b) that notice need not be given for each meeting separately;

(c) that if ordinary meetings of the committee have a set agenda then notice of such a meeting need not contain, or be accompanied by, the agenda for the meeting;

(d) that it is not necessary for the chief executive officer to ensure that each member of the committee at the time that notice of a meeting is given is supplied with a copy of any documents or reports that are to be considered at the meeting.

24—Public notice of committee meetings

Pursuant to section 88(7) of the Act, section 88 is modified in its application in relation to the meetings of a committee to which this Part applies as if subsections (2), (3) and (4) provided as follows:

(a) that public notice need not be given for each meeting separately; and

(b) that public notice may be given by displaying a notice and agenda in a place or places determined by the chief executive officer after taking into account the nature and purpose of the committee.

25—Minutes

(1) The minutes of the proceedings of a meeting must include—

(a) the names of the members present at the meeting; and

(b) each motion carried at the meeting; and

(c) any disclosure of interest made by a member; and

(d) details of the making of an order under subsection (2) of section 90 of the Act (see subsection (7) of that section); and

(e) a note of the making of an order under subsection (7) of section 91 of the Act in accordance with the requirements of subsection (9) of that section.

(2) The minutes of the proceedings at a meeting must be submitted for confirmation at the next meeting or, if that is omitted, at a subsequent meeting.


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Attachment 17 57

1.1.2014—Local Government (Procedures at Meetings) Regulations 2013 Miscellaneous—Part 4

Part 4—Miscellaneous

26—Quorum for committees

(1) The prescribed number of members of a council committee constitutes a quorum of the committee and no business can be transacted at a meeting unless a quorum is present.

(2) For the purposes of this regulation, the prescribed number of members of a council committee is—

(a) unless paragraph (b) applies—a number ascertained by dividing the total number of members of the committee by 2, ignoring any fraction resulting from the division, and adding 1; or

(b) a number determined by the council.

Note—

See also section 41(6) of the Act.

27—Voting at committee meetings

(1) Subject to the Act and these regulations, a question arising for decision at a meeting of a council committee will be decided by a majority of the votes cast by the members present at the meeting and entitled to vote on the question.

(2) Each member of a council who is a member of a council committee and who is present at a meeting of the committee must, subject to a provision of the Act to the contrary, vote on a question arising for decision at that meeting.

(3) The presiding member of a council committee has a deliberative vote on a question arising for decision at the meeting but does not, in the event of an equality of votes, have a casting vote.

28—Points of order

(1) The presiding member may call to order a member who is in breach of the Act or these regulations.

(2) A member may draw to the attention of the presiding member a breach of the Act or these regulations, and must state briefly the nature of the alleged breach.

(3) A point of order takes precedence over all other business until determined.

(4) The presiding member will rule on a point of order.

(5) If an objection is taken to the ruling of the presiding member, a motion that the ruling not be agreed with must be moved immediately.

(6) The presiding member is entitled to make a statement in support of the ruling before a motion under subregulation (5) is put.

(7) A resolution under subregulation (5) binds the meeting and, if a ruling is not agreed with—

(a) the ruling has no effect; and

(b) the point of order is annulled.


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Attachment 18 58

1.1.2014—Local Government (Procedures at Meetings) Regulations 2013 Miscellaneous—Part 4

29—Interruption of meetings by members

(1) A member of a council or council committee must not, while at a meeting—

(a) behave in an improper or disorderly manner; or

(b) cause an interruption or interrupt another member who is speaking.

(2) Subregulation (1)(b) does not apply to a member who is—

(a) objecting to words used by a member who is speaking; or

(b) calling attention to a point of order; or

(c) calling attention to want of a quorum.

(3) If the presiding member considers that a member may have acted in contravention of subregulation (1), the member must be allowed to make a personal explanation.

(4) Subject to complying with subregulation (3), the relevant member must leave the meeting while the matter is considered by the meeting.

(5) If the remaining members resolve that a contravention of subregulation (1) has occurred, those members may, by resolution—

(a) censure the member; or

(b) suspend the member for a part, or for the remainder, of the meeting.

(6) A member who—

(a) refuses to leave a meeting in contravention of subregulation (4); or

(b) enters a meeting in contravention of a suspension under subregulation (5),

is guilty of an offence. Maximum penalty: $1 250.

30—Interruption of meetings by others

A member of the public who is present at a meeting of a council or council committee must not—

(a) behave in a disorderly manner; or

(b) cause an interruption. Maximum penalty: $500.


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Attachment 19 59

1.1.2014—Local Government (Procedures at Meetings) Regulations 2013 Legislative history

Schedule 1—Revocation of Local Government (Procedures at Meetings) Regulations 2000

The Local Government (Procedures at Meetings) Regulations 2000 are revoked.

Legislative history

Notes

• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.

Principal regulations

Year No Reference Commencement

2013 278 Gazette 12.12.2013 p4642 1.1.2014: r 2


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Attachment 20 60

http://www.legislation.sa.gov.au/index.aspx?action=legref&type=subordleg&legtitle=Local%20Government%20(Procedures%20at%20Meetings)%20Regulations%202000

7 Supplementary Council Provisions

7.1 Kaurna Acknowledgement and Opening Statement

The Mayor (or Presiding Member) will open each Ordinary Meeting of Council with the Kaurna Acknowledgement and Opening Statement.

7.1.1 Kaurna acknowledgement

We acknowledge that the land we meet on today is the traditional land of the Kaurna people and that we respect their spiritual relationship with their country.

We also acknowledge that the Kaurna people are the custodians of the Adelaide region and that their cultural and heritage beliefs are still important to the living Kaurna people today.

7.1.2 Opening Statement

We seek wisdom and understanding as we face the duties of our united task, praying for the peace and prosperity of our City.

7.2 Finishing times

7.2.1 Council and Standing Committee meetings will not meet beyond 10.30 pm without a resolution being passed by those members present.

7.3 Recording of meetings

Meetings may be recorded and available for public viewing on Council’s website. Confidential Items will not be recorded.

7.4 Protocol

That only those items on Council Agenda provided for information (to receive and note), may be adopted without further discussion.

7.5 General Business – Urgent Matters

7.5.1 A general business – urgent matters item is included on the agenda to enable members to raise matters which are genuinely urgent in nature, is not a change to Council policy and cannot wait until next Council meeting.

7.5.2 Leave of the meeting is required for the member to be able to raise an urgent matter.


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Attachment 21 61

7.6 Voting Procedures For Nominations For Internal And External Positions

7.6.1 Nominations will be accepted by the Presiding Member upon the consent of the nominated person, however, a person may withdraw his/her nomination before a vote. A Member may nominate themselves for a position.

7.6.2 A secret voting process will be used to determine issues affecting individual councillors (such as appointments/nominations to internal committees, external bodies etc).

7.6.3 All members must vote and therefore are free to vote for themselves if they are nominated for a position. The Presiding Member must also vote.

7.6.4 If only two persons are nominated for an appointment, a simple majority first past the post method of voting is all that is required. However, if three (3) or more persons are nominated, the lowest vote elimination method will be used until two persons remain in the ballot.

7.6.5 Should there be an equality of votes, the issue will be decided by the drawing of lots. The name of the candidate withdrawn will be excluded from the ballot.

7.6.6 The Mayor to be ex officio member of all internal committees.

7.7 Stand whilst speaking

7.7.1 Members (not the Presiding Member) must stand while addressing the meeting at Ordinary and Special Meetings of Council This is not required at Committee Meetings.


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Attachment 22 62

8 Summary of Duties and Responsibilities of Presiding Members

8.1 Additional responsibilities of Presiding Members

In addition to the prescribed regulations, Presiding Members will also note the following:

8.1.1 Once a quorum is present, to declare the Meeting open at the prescribed time.

8.1.2 To identify members on leave.

8.1.3 To call for any apologies.

8.1.4 To invite members to declare a conflict of interest on any of the Agenda items.

8.1.5 To seek a Mover and Seconder for Confirmation of the Minutes of the last meeting.

8.1.6 To give a Presiding Member’s report (if a Standing Committee Agenda).

8.1.7 To call for Verbal Reports from Council representatives on Local Government or community organisations.

8.1.8 To call on Deputations (if any).

8.1.9 To call for a mover and seconder of a Petition (if any).

8.1.10 To call on the Member who has a Motion on Notice (if any).

8.1.11 To refer to the protocol at clause 7.4.

8.1.12 If there are any Questions with Notice, to call on the Member in whose name the Question with Notice was raised, to stand and read their question. To then provide the reply (as provided by the Administration to the Presiding Member). [Note – no debate is allowed on a Question with Notice or the reply].

8.1.13 To call for Questions without Notice [Note – No discussion or debate is permitted in reference to the question asked and the answer given. The member asking the question has the opportunity to ask one supplementary question resulting from the answer supplied].

(1) To call over the reports by item number.

(2) To record which items are reserved and by whom.

8.1.14 To call for a mover and seconder for the balance of the reports.


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Attachment 23 63

8.1.15 To call on any General Business – Urgent Matters noting the matters must be genuinely urgent in nature and that leave of the meeting (a majority vote of those present) is required for the Member to proceed once he/she has outlined the proposed issue.

8.1.16 To close the meeting.

8.1.17 Council and Standing Committee meetings will not meet beyond 10.30 pm without a resolution being passed by those members present.

8.1.18 At around 10.15 pm the Presiding Member will confirm the order of priority that the remaining items on the Agenda will be considered.

8.1.19 The Presiding Member (if necessary) will then seek members to move and second a formal Motion that consideration of any remaining agenda items will be adjourned to a date and time as fixed by the meeting or to be determined by the Chief Executive Officer.

8.2 Maintaining Order

In terms of running the meeting for debates on the items reserved, the following points should be noted:

8.2.1 The Member who has reserved an item should be invited to briefly state why it has been withdrawn. If the Member is not prepared to move the recommendation as presented in the report provided, the Presiding Member will in the first instance, seek a Member who is prepared to move the recommendation as presented in the report provided.

8.2.2 The mover of the recommendation may speak for not more than five (5) minutes.

8.2.3 The Presiding Member will then seek a Member who is prepared to second the recommendation as presented in the report provided.

8.2.4 The seconder of the recommendation may speak for not more than five (5) minutes.

8.2.5 A motion will lapse if it is not seconded at the appropriate time.

8.2.6 The Member who has withdrawn the item should then be called on to speak for not more than five (5) minutes.

8.2.7 If the Presiding Member is unable to find Members who are prepared to move and second the recommendation as presented in the report provided, with or without minor variation, the Presiding Member will seek a Member who wishes to move an alternative motion.

8.2.8 The Presiding Member may refuse to accept a motion if the subject matter is, in their opinion, beyond the power of the Council or Committee.

8.2.9 A member may only speak once to a motion except –


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Attachment 24 64

(a) to provide a brief explanation in regard to a material part of his or her speech, but not so as to introduce any new matter; or

(b) with leave of the meeting; or

(c) as the mover in reply, or

(d) to an amendment.

8.2.10 Once a motion has been voted on and is LOST, a new motion regarding the same agenda item may be moved (that may be substantially different to the previous motion just lost).

8.3 Amendments

8.3.1 A member who has spoken to a motion may not, at a later stage of the debate, move or second an amendment to the motion.

8.3.2 A member who has not spoken to a motion at an earlier stage of the debate may move or second an amendment to the motion.

Note: An amendment is not a new motion and cannot be a direct negative of the motion on the floor. Rather it must be relevant to the motion on the floor (and therefore, must relate to the substance of it) and seek to modify it by adding to or deleting from the motion, without negating it.

8.3.3 Once an amendment (and second amendment where applicable) is carried, the amendment becomes the motion which must then be put to the vote in its own right.

Note: The effect, therefore, is that where the Council votes in favour of an amendment it is then required to vote on it for a second time as the substantive motion. The usual course is for the whole original motion, as amended by the amendment, to be put to the vote as the amendment and then, where carried, to be put to the vote again as the substantive motion.

8.4 Speakers

8.4.1 It should be particularly noted that a member must not speak for longer than five (5) minutes at any one time without leave of the meeting.

8.4.2 Members wishing to speak should raise their hands and be recognised by the Presiding Member. It is desirable to have alternate speakers for and against the motion and for second and subsequent speakers to confine discussion to information or details not adequately covered by previous speakers. These principles do not in any way take away a member’s right to speak.

8.4.3 If a member seeks to ask a question it is important that the member does not make a speech before or after the question, but asks the question straight away. The Presiding Member must ensure that a member only speaks once to a motion and should rule the member out of order if in asking a question a further speech is being made.


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Item 14.5: Council Member Allowances and Benefits



DIRECTOR: Ginny Moon, Director Corporate Services


SUBJECT: Council Member Allowances and Benefits


This report provides information to Council and the Community on the allowances and benefits available to Council Members in the undertaking of their duties as stipulated in the Local Government Act 1999 (the LG Act).

The Remuneration Tribunal has the jurisdiction to determine annual allowances payable after a local government periodic election, and does so according to Council groupings as outlined in attachments 1-5.

The Council Member Allowances and Benefits Policy ensures that the payment of allowances, the reimbursement of expenses and the provision of benefits by the Council is accountable and transparent and in accordance with the LG Act and Local Government (Members Allowances and Benefits) Regulations 2010.

The LG Act also makes provision for Councils to resolve, on a discretionary basis, to reimburse Council Members for a range of additional expenses incurred in performing or discharging official functions and duties.

2. RECOMMENDATION

(1) The Council having considered Item 14.5 Council Member Allowances and Benefits, receive and note the report.

(2) Council adopt the Council Member Allowances and Benefits Policy (as presented in attachments 6-14).


Local Government Act 1999 Sections 76, 77, 78 & 79

Local Government (Members Allowances and Benefits) Regulations 2010


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Strategy 4.4


Continual monitoring of Council’s policy framework is integral to sustaining relevance in a changing environment. A well-researched and compliant policy provides for transparent operations, whilst managing stakeholder expectations. Council strategy 4.4 accountable and people-focused services, is in part met with the establishing of performance and service standards in visible instruments of policy.



4. REGIONAL IMPACT

Council Member allowances provide limited direct benefit or detriment on a regional perspective.


There was no required or other community engagement undertaken for the preparation of this report.

6. DISCUSSION

Council Member Allowances

The Remuneration Tribunal of South Australia is an independent body working within the auspice of the Remuneration Act 1990 and is responsible for the setting of the allowances paid to local government members. Section 76 of the LG Act stipulates the entitlement for a council member allowance and as such the Tribunal must make a determination under this section on a four yearly basis.

Determination No. 6 of 2018 (Attachments 1-5), sets out the annual allowance for councillors within a group classification system. The group classing is based on consideration of size, population and revenue of councils, amongst other factors. City of Prospect has been classified as a Group 2 Council.

Council Member Allowances are subsequently indexed using the Adelaide Consumer Price Index (CPI) as published by the Australian Bureau of Statistics (ABS).

Council Members (excluding the Mayor and Deputy Mayor) will receive $17,270 per annum, paid quarterly in advance (previously $16,576) by direct credit to nominated bank accounts. Upon receipt of new Council Member bank details, a payment of


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$4,317.50 will be made to all Council Members. The next quarterly instalment will be made to members in the week 8 February 2019.

The Deputy Mayor will receive 1.25 times the Council Member allowance, $21,588 per annum, paid quarterly in advance (previously $20,720), by direct credit to the nominated bank account. The allowance will be paid in line with the timing of the payment to all Council Members. The additional component of the Deputy Mayor allowance (over the standard Council Member Allowance) is paid only from when a Deputy Mayor is resolved by Council and is not backdated to the Election. Following the initial payment, the next quarterly instalment of $5,397 will be made to the Deputy Mayor in the week ending 8 February 2019.

The Mayor will receive four times the allowance of Council Members, $69,080 per annum, paid monthly in advance (previously $66,304) by direct credit to the nominated bank account. Monthly instalment payments of $5,756.66 will be made to the Mayor in the first week of the month.

Council Member allowances are subject to income tax, and will need to be declared when Members complete their tax returns. No tax is deducted by Council.

Council Member Allowances and Benefits Policy

The Act prescribes that Council Members are entitled to receive:

• an allowance determined by the Remuneration Tribunal; and

• reimbursement of expenses of a kind prescribed for the purposes incurred in performing or discharging official functions and duties; and

• reimbursement of expenses of a kind prescribed for the purposes approved by

the council (either specifically or under a policy established by the council), incurred in performing or discharging official functions and duties.

The draft Council Member Allowances and Benefits Policy is based on the Local Government Associations model policy and City of Prospect 2014 policy version.

Allowances, reimbursements and benefits outlined in the Policy have, where available, been tailored to provide approval for additional or specified expense recovery, the following areas are encouraged for discussion:

Pursuant to Section 76 – Allowances

Regulation 4 states an allowance, payable per Section 76, may be paid in instalments up to 3 months in advance or 3 months in arrears of each month.

Included in the draft policy:

• Council Members (other than the Mayor), will be paid the annual allowance quarterly in advance.

• The Mayor will be paid the annual allowance monthly in advance.


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Pursuant to Section 77(1)(b) Approved Reimbursements (Travel & Care of a child or dependent)

This section relates to additional prescribed expenses that can be reimbursed, this is for those expenses that do not fall within the mandatory reimbursements of travel and child/dependent care under Section 77(1)(a) ‘prescribed meeting’.

Included in the draft policy:

Travel

• travel both within and outside the Council as a consequence of attendance at a function or activity on the business of Council (other than when reimbursed under section 77(1)(a);

o this provision does not include attendance at meetings of community groups or organisations when fulfilling the role of a local representative.

Care and Other Expenses

• care of a child/dependent and other expenses as a consequence of attendance at a function or activity on the business of Council (other than when reimbursed under section 77(1)(a);

• expenses will only be reimbursed for attendance at conferences, seminars, etc. which have been approved by Council or under delegation/policy,

o types of expenses to be reimbursed: airfares, registration fees, accommodation, meals, taxi fares, car parking;

o A fixed daily incidentals allowance $40.

• Expenses incurred in the use of a telephone, internet, facsimile or other communication device on the business of the Council.

Pursuant to Section 78 Facilities and Support (all Council Members and those specifically provided to the Principal Member)

The following facilities and support are necessary or expedient for all Council Members to assist them in performing or discharging their official functions and duties:

o Business cards; and o Use of Council Chambers and Other meeting facilities; and o Tablet and associated costs, including data plan not exceeding $45 per

month. Any charges incurred over this amount to be recovered from the Council Member; and

o General Administrative Support.

In addition to the above, the following facilities and support are necessary to assist the Principal Member (or acting Principal Member) in performing and discharging their official functions and duties:

o Access to office facilities as required; and o Support of Executive Assistant; and


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o Internet service at place of residence – not exceeding $100 per month. Any charges incurred over this amount to be recovered from the Principal Member; and

o A corporate credit card issued with a monthly limit set at $2,000 and financial delegation for individual transactions. This facility be subject to the conditions within the Credit Card Policy.


An estimated increase in line with Adelaide CPI was anticipated and factored into the original budget for 2018-2019; as such at this time no adjustment will be required for the 2018-2019 budget review process.


This policy has been developed on the principles that no Council Member should be out of pocket performing their Council duties and any claims for expenses were actually and necessarily claimed.

This policy supports a Council accountable to their community for the use of public monies.

ATTACHMENTS

Attachments 1-5: The Remuneration Tribunal Determination of Allowances for Members of Local Government Councils – No. 6 of 2018.

Attachments 6-14: Draft Council Member Allowances and Benefits Policy


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Page 1 of 5

No. 6 of 2018

DETERMINATION OF THE REMUNERATION TRIBUNAL ALLOWANCES FOR MEMBERS OF LOCAL GOVERNMENT COUNCILS

SCOPE OF DETERMINATION 1. The Remuneration Tribunal has jurisdiction under section 76 of the Local Government Act

1999 (“the Act”), to determine the allowance payable to elected members of Local Government Councils constituted under that Act.

2. This Determination applies to the members of Councils constituted under the Act, but does not apply to members of the Adelaide City Council.

INTERPRETATION 3. In this Determination, unless the contrary appears:

“Committee” means a committee established by a council in terms of section 41 of the Act.

“Councillor” means a person appointed or elected as a member of a local government council under the Act.

“Principal Member” means a principal member under the Act.

“Prescribed Committee” means for the purposes of this determination, a committee that endures, irrespective of whether the council has assigned any particular work for the committee to perform and assists the council or provides advice to the council in any of the following areas or any combination thereof:

• Audit • Chief Executive Officer performance review • Corporate services • Finance • Governance • Infrastructure and works • Risk management • Strategic planning and development

ALLOWANCES 4. Councillors

The annual allowance for a councillor who is not a principal member, deputy mayor, deputy chairperson or presiding member of a prescribed committee shall be as follows:

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Page 2 of 5

Council Group $ per annum Group 1A

Group 1A

$23,350

Group 1B $20,630 Group 2 $17,270

Group 3 $13,900 Group 4 $9,900 Group 5 $6,500

Council Groups are provided in Appendix 1.

5. Principal Members The annual allowance for principal members of a local government councils constituted under the Act will be equal to four (4) times the annual allowance for councillors of that council.

6. Deputy Mayor, Deputy Chairperson or Presiding Member of a Committee The annual allowance for a councillor who is a deputy mayor or deputy chairperson, or the presiding member of a prescribed committee or more than one prescribed committees established by a council, will be equal to one and a quarter (1.25) times the annual allowance for councillors of that council.

7. An additional allowance in the form of a sitting fee is payable to a councillor (other than the principal member or deputy principal member, chairperson or deputy chairperson or a presiding member of a prescribed committee) who is the presiding member of a committee, that is not a prescribed committee, at the following rates:

a. Where the councillor is a member of a council in Group 1A or Group 1B; an allowance of $230 per meeting limited to an aggregate amount of allowance of $1,380 per annum;

b. Where the councillor is a member of a council in Group 2 or Group 3; an allowance of $170 per meeting limited to an aggregate amount of allowance of $1,020 per annum;

c. Where the councillor is a member of a council in Group 4 or Group 5; an allowance of $110 per meeting limited to an aggregate amount of allowance of $660 per annum.

TRAVEL TIME ALLOWANCE FOR MEMBERS OF NON-METROPOLITAN COUNCILS 8. An allowance of $410 per annum will be payable to council members, excluding principal

members, whose usual place of residence is within the relevant council area and is located at least 30 kms but less than 50 kms from that council’s principal office, via the most direct road route.

9. An allowance of $700 per annum will be payable to council members, excluding principal members, whose usual place of residence is within the relevant council area and is located at least 50 kms but less than 75 kms from that council’s principal office, via the most direct road route.

10. An allowance of $1,050 per annum will be payable to council members, excluding principal members, whose usual place of residence is within the relevant council area and is located at least 75 kms but less than 100 kms from that council’s principal office, via the most direct road route.

11. An allowance of $1,490 per annum will be payable to council members, excluding principal members, whose usual place of residence is within the relevant council area and is located 100 kms or more from that council’s principal office, via the most direct road route.

12. The non-metropolitan council members travel time allowance will be payable in addition to any entitlement to reimbursement of expenses actually incurred.

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Page 3 of 5

13. A list of the non-metropolitan councils to which this payment applies is provided in Appendix 2.

DATE OF OPERATION 14. As provided for by section 76(8) of the Act, this Determination will come into operation on

the conclusion of the 2018 Local Government Elections.

John Lewin

Peter Alexander

Pamela Martin PRESIDENT MEMBER MEMBER

Dated this 30th day of August 2018

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Page 4 of 5

Appendix 1 – Council Groups

GROUP 1A City of Charles Sturt City of Onkaparinga City of Port Adelaide Enfield City of Salisbury GROUP 1B City of Holdfast Bay City of Marion City of Mitcham City of Playford City of Tea Tree Gully City of West Torrens GROUP 2 Adelaide Hills Council Alexandrina Council Barossa Council Campbelltown City Council City of Burnside City of Mount Gambier City of Prospect City of Norwood Payneham and St Peters City of Unley City of Whyalla District Council of Mount Barker Port Augusta City Council Rural City of Murray Bridge Town of Gawler GROUP 3 Berri Barmera Council City of Port Lincoln City of Victor Harbor Clare and Gilbert Valleys Council District Council of Loxton Waikerie District Council of The Copper Coast District Council of Yorke Peninsula Light Regional Council Mid Murray Council Naracoorte Lucindale Council Port Pirie Regional Council Tatiara District Council Wattle Range Council

GROUP 4 Adelaide Plains Council (formerly Mallala) Corporation of the Town of Walkerville District Council of Coorong District Council of Grant District Council of Lower Eyre Peninsula District Council of Yankalilla District Council of Renmark Paringa Kangaroo Island Council Northern Areas Council Regional Council of Goyder Wakefield Regional Council GROUP 5 District Council of Barunga West District Council of Ceduna District Council of Cleve District Council of Coober Pedy District Council of Elliston District Council of Franklin Harbour District Council of Karoonda East Murray District Council of Kimba District Council of Mount Remarkable District Council of Orroroo Carrieton District Council of Peterborough District Council of Robe District Council of Streaky Bay District Council of Tumby Bay Flinders Ranges Council Kingston District Council Southern Mallee District Council Wudinna District Council

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Page 5 of 5

Appendix 2 – Non – Metropolitan Councils Adelaide Hills Council Adelaide Plains Council (formerly Mallala) Alexandrina Council Berri Barmera Council Barossa Council City of Whyalla Clare and Gilbert Valleys Council District Council of Barunga West District Council of Ceduna District Council of Cleve District Council of Coober Pedy District Council of Coorong District Council of Elliston District Council of Franklin Harbour District Council of Grant District Council of Karoonda East Murray District Council of Kimba District Council of Lower Eyre Peninsula District Council of Loxton Waikerie District Council of Mount Barker District Council of Mount Remarkable District Council of Orroroo Carrieton District Council of Peterborough

District Council of Renmark Paringa District Council of Robe District Council of Streaky Bay District Council of The Copper Coast District Council of Tumby Bay District Council of Yankalilla District Council of Yorke Peninsula Flinders Ranges Council Kangaroo Island Council Kingston District Council Light Regional Council Mid Murray Council Naracoorte Lucindale Council Northern Areas Council Port Augusta City Council Port Pirie Regional Council Regional Council of Goyder Rural City of Murray Bridge Southern Mallee District Council Tatiara District Council Wakefield Regional Council Wattle Range Council Wudinna District Council

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Attachment 5 75

Council Member Allowances and Benefits Policy

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Attachment 6 76

City of Prospect: Council Member Allowances and Benefits Policy 1

Reference Number:

Type: Council Policy

Responsibility: Director Corporate Services

Responsible Officer (s): Manager Governance & Administration

Last Review Date: 24 November 2015 27 November 2018

Next Review Date: Next periodic election

Legislation: Local Government Act 1999 Sections 76, 77, 78, 79 Local Government (Members Allowances and Benefits) Regulations 2010

Related Documents: Register of Allowances and Benefits Code of Conduct for Council Members

Purpose

To ensure Council Member allowances, the reimbursement of expenses and the provision of benefits, facilities and support by the Council are compliant with the Local Government Act 1999 and Local Government (Members Allowances and Benefits) Regulations 2010.

Introduction

City of Prospect will ensure that the payment of Council Members’ allowances, the reimbursement of expenses and the provision of benefits by the Council is accountable and transparent and in accordance with the Local Government Act 1999 (“the LG Act”) and the Local Government (Members Allowances and Benefits) Regulations 2010 (“the Regulations”).

This Policy sets out the provisions of the LG Act and Regulations in respect of Council Member allowances, expenses and support. This Policy is also provided in accordance with Section 77(1)(b) of the LG Act by specifying the types of expenses that will be reimbursed without the need for specific approval of Council every time a claim is made.

Council Members are paid an allowance for performing and discharging their functions and duties on Council. Section 59 of the LG Act provides (in part) that the role of a Council Member, as a member of the governing body of the Council, is to:

(i) participate in the deliberations and civic activities of the Council;

(ii) keep the Council’s objectives and policies under review to ensure that they are appropriate and effective; and

(iii) keep the Council’s resource allocation, expenditure and activities, and the efficiency and effectiveness of its service delivery, under review.

This Policy also explains the information that must be recorded within the Council’s Register of Allowances and Benefits to ensure compliance with section 79 of the LG Act. This Policy, in its entirety, will automatically lapse at the next general election of this Council.

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Attachment 7 77


Scope

This Policy applies to all Council Members, who each have an obligation to abide by this Policy. The Council’s Chief Executive Officer has the duty to:

1. maintain the Register of Allowances and Benefits; 2. initiate a Consumer Price Index (‘CPI’) review of allowances paid to Council Members

(to be adjusted on the first, second and third anniversaries of the relevant periodic elections to reflect changes in the CPI under the scheme prescribed by the Regulations); and

3. ensure copies of this Policy are available for inspection by the public at the principal office of the Council.

In addition, the Chief Executive Officer is responsible for:

4. implementing and monitoring expense reimbursement procedures in accordance with the LG Act, the Regulations this Policy and any associated procedure; and

5. ensuring a copy of this Policy is provided to all Council Members.

Policy

This Policy is underpinned by the following principles: Council Members should not be out-of-pocket as a result of performing and discharging

their Council functions and duties.

To assist Council Members in performing or discharging their official functions and duties they are entitled to be provided with a range of necessary facilities and support and to be reimbursed for expenses as specified in this policy.

Any reimbursements claimed by Council Members must be for expenses actually and necessarily incurred in performing and discharging their official Council functions and duties, which will be assessed according to the role of a Council Member under the LG Act.

Council encourages continued professional education and development for Council Members. This is seen as being necessary in terms of good governance and to the improved performance of their functions and duties.

The accountability of the Council to its community for the use of public monies.

Allowances

Council Member allowances are determined by the Remuneration Tribunal on a 4 yearly basis before the designated day in relation to each set of periodic elections held under the Local Government (Elections) Act 1999. An allowance determined by the Remuneration Tribunal will take effect from the conclusion of the relevant periodic election. Council Member allowances are to be adjusted on the first, second and third anniversaries of the relevant periodic elections to reflect changes in the Consumer Price Index (“CPI”) under a scheme prescribed by the Regulations.

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In accordance with regulation 4 of the Regulations, (and for the purposes of section 76 of the LG Act), an allowance may be paid in instalments up to 3 months in advance or 3 months in arrears of each month in respect of which an instalment is payable. Council Members (other than the Mayor), will be paid the annual allowance quarterly in advance. The Mayor will be paid the annual allowance monthly in advance. The annual allowance for a Council Member is determined according to the relevant Council group. There are six Council Groups which are each explained within the determination of the Remuneration Tribunal. City of Prospect is a Group 2 Council. The annual allowance for:

principal members, is equal to four times the annual allowances for Council Members of that council;

deputy mayor or deputy chairperson or a Council Member who is the presiding member of one or more prescribed committees is equal to one and a quarter (1.25) times the annual allowances for Council Members of that Council;

An allowance under this section is to be paid in accordance with any requirement set out in the Regulations (unless the member declines to accept payment of an allowance section 76(12) of the LG Act).

Mandatory Reimbursements – Travel (Section 77(1)(a))

Council Members are entitled to receive reimbursement for travelling expenses actually and necessarily incurred by the Council Member for travel within the Council area and associated with attendance at a “prescribed meeting” (section 77(1)(a) of the LG Act). A “prescribed meeting” is defined under the Regulations to mean a meeting of the Council or Council committee, or an informal gathering, discussion, workshop, briefing, training course or similar activity which is directly or closely related to the performance or discharge of the roles or duties of the member:

reimbursement for travel expenses is restricted to ‘eligible journeys’ (as defined in Regulation 3) provided the journey is by the shortest or most practicable route and to that part of the journey within the Council area i.e. any travelling outside the Council area in order to attend Council or Council committee meetings is not reimbursable under section 77(1)(a) of the LG Act. For reimbursement for travel outside the Council area refer to “Prescribed and Approved Reimbursements” below.

an ‘eligible’ journey means a journey (in either direction) between the principal place of

residence, or a place of work, of a Council Member, and the place of a prescribed meeting.

where a Council Member travels by private motor vehicle, the rate of reimbursement is at a rate equal to the appropriate rate per kilometre (determined according to the engine capacity of the vehicle) prescribed for the purposes of calculating deductions for car expenses under section 28.25 of the Income Tax Assessment Act 1997 of the Commonwealth.

travelling by taxi, bus or other means of public transport is reimbursed on the basis of expenses ‘actually and necessarily incurred’, but is still limited to ‘eligible journeys’ by the shortest or most practicable route and to the part of the journey that is within the Council area.

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Attachment 9 79


the Council may aggregate claims for reimbursement of expenses that relate to journeys that do not exceed 20 kilometres and then pay them on either a quarterly or monthly basis.

Mandatory Reimbursements – Child/Dependant Care (Section 77(1)(a) Council Members are entitled to reimbursement for child/dependent care expenses actually or necessarily incurred by the Council Member as a consequence of the Council Member’s attendance at a prescribed meeting. Child/dependent care is not reimbursed if the care is provided by a person who ordinarily resides with the Council Member.

To receive reimbursement for such prescribed expenses (travel and child/dependent care) each Council Member is required to complete a Form and submit it to Manager Governance & Administration. For the purposes of administrative efficiency Council Members are requested to submit these forms on a quarterly basis.

Prescribed and Approved Reimbursements (Section 77(1)(b))

There are additional prescribed expenses incurred by Council Members, that can be reimbursed by the Council that do not fall within the category of mandatory reimbursement outlined above. Section 77(1)(b) of the LG Act provides that the Council (meaning the Council as the governing body) may approve the reimbursement of additional expenses as set out in the Regulations incurred by Council Members, either on a case-by-case basis or under a policy adopted by Council. This Policy sets out the types of approved expenses that may be reimbursed. These additional types of reimbursed expenses are distinguished from the payment of allowances and from the mandatory reimbursement of travel and child/dependent care expenses associated with attendance at a prescribed meeting. Regulation 6 of the Regulations sets out the types of additional expenses that may be reimbursed under section 77(1)(b) with the approval of the Council. These are:

an expense incurred in the use of a telephone, facsimile or other telecommunications device, or in the use of a form of electronic communication, on the business of the Council;

travelling expenses incurred by the Council Member as a consequence of the Member’s attendance at a function or activity on the business of the Council (other than for which the member is reimbursed under section 77(1)(a) of the LG Act);

travelling expenses incurred by the Member in undertaking an eligible journey to the extent that those expenses are attributable to travel outside the area of the Council;

expenses for the care of:

(i) a child of the Member; or

(ii) a dependent of the Member requiring full-time care

incurred by the Member as a consequence of the Member’s attendance at a function or activity on the business of the Council (other than for which the member is reimbursed under section 77(1)(a) of the LG Act); and

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Attachment 10 80


expenses incurred by the Member as a consequence of the Member’s attendance at a conference, seminar, training course or other similar activity which is directly or closely related to the performance or discharge of the roles and duties of a Council Member (other than for which the member is reimbursed under section 77(1)(a) of the LG Act).

For the purposes of this Policy, and pursuant to section 77(1)(b) of the LG Act, the Council approves the reimbursement of additional expenses of Council Members as described below.

Travel

Pursuant to section 77(1)(b) of the LG Act the Council approves reimbursement of: travel both within and outside the Council area must be incurred by the Council Member

as a consequence of attendance at a function or activity on the business of Council. A ‘function or activity on the business of the Council includes official Council functions including Mayoral/Chairperson receptions, opening ceremonies, dinners, citizenship ceremonies and official visits etc.; inspection of sites within the Council area which relate to Council or Committee/Information Session agenda items; meetings of community groups and organisations as a Council appointed representative – but not to attend meetings of community groups or organisations when fulfilling the role of a local representative, and not as a member of the Board of any such community group or organisation.

Reimbursement is restricted to the shortest or most practicable route.

where a Council Member travels by private motor vehicle, the rate of reimbursement is at a rate equal to the appropriate rate per kilometre (determined according to the engine capacity of the vehicle) prescribed for the purposes of calculating deductions for car expenses under section 28.25 of the Income Tax Assessment Act 1997 of the Commonwealth.

travel by taxi, bus, plane or other means of public transport will be reimbursed on the basis of being expenses where they are incurred as a consequence of the Member’s (pre-approved) attendance at a function or activity on the business of the Council however such travel must still be by the shortest or most practicable route.

All claims are to be supported by the relevant receipts or other evidence of expenditure.

Care and Other Expenses Pursuant to section 77(1)(b) of the LG Act the Council approves reimbursement of: Expenses incurred for the care of a child of a Council Member or a dependent of the Council

Member requiring full time care as a consequence of the Council Member’s attendance at a function or activity on the business of Council (other than expenses for which the Member is reimbursed under section 77 (1)(a) of the LG Act).

Expenses incurred by the Council Member as a consequence of the Council Member’s attendance at a conference, seminar, training course or other similar activity that is directly or closely related to the performance or discharge of the roles or duties of the Council Member (other than expenses for which the Member is reimbursed under section 77(1)(a) of the LG Act).

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Attachment 11 81


Expenses will only be reimbursed for attendance at conferences, seminars, etc. which have been approved by Council or under delegation/policy, e.g. under Council’s “Council Member Training and Development Policy”.

o Where attendance at the conference, seminar etc. is approved the following types of

expenses can be reimbursed: airfares, registration fees, accommodation, meals, taxi fares, car parking;

o A fixed daily incidentals allowance up to a daily maximum of $40.

Expenses incurred in the use of a telephone, internet, facsimile or other communication device on the business of the Council, e.g. Internet connection costs, computer software, applications for iPad, printer cartridge, contribution towards mobile telephone account.

Supporting receipts must be provided in order to validate the claimed reimbursement (excluding the daily incidental allowance for which no acquittal is required).

Facilities and Support

In addition to allowances and the reimbursement of expenses, the LG Act provides that the Council can provide facilities and forms of support for use by its Council Members to assist them to perform or discharge their official functions and duties (section 78). The Council must consider and specifically approve the particular facility and support as necessary or expedient to the performance or discharge of all Council Members’ official functions or duties. In approving the provision of facilities and support section 78 requires that any such services and facilities must be made available to all Council Members on a uniform basis, other than those facilities or support specifically provided to the Principal Member set out below. Pursuant to section 78 of the LG Act, Council has considered and is satisfied that the following facilities and support are necessary or expedient for all Council Members to assist them in performing or discharging their official functions and duties:

Business cards;

Use of Council Chambers and Other meeting facilities;

Tablet and associated costs, including data plan not exceeding $45 per month. Any charges incurred over this amount to be recovered from the Council Member;

General Administrative Support.

The provision of these facilities and support are made available to all Council Members (including the Principal Member) under the LG Act on the following basis:

they are necessary or expedient for the Council member to perform or discharge his/her official functions or duties;

the facilities remain the Council’s property regardless of whether they are used off site or not; and

they are not to be used for a private purpose or any other purpose unrelated to official Council functions and duties, unless such usage has been specifically pre-approved by the

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Attachment 12 82


Council and the Council Member has agreed to reimburse the Council for any additional cost or expenses associated with that usage.

In addition to the above, Council has resolved to make available to the Principal Member (and to any acting Principal Member appointed during the Principal Member’s absence) the following additional facilities and support to assist them in performing and discharging their official functions and duties: Access to Office facilities as required;

Support of Executive Assistant;

Internet service at place of residence – not exceeding $100 per month. Any charges incurred over this amount to be recovered from the Principal Member;

If a higher service level is required by the Principal Member, the Principal Member may request an upgrade of the service and Council will invoice the Principal Member the difference between the Council Plan and the upgraded service.

A corporate credit card issued with a monthly limit set at $2,000 and financial delegation for individual transactions. This facility be subject to the conditions within the Credit Card Policy.

In addition, although not required by the LG Act, the Council has determined that the provision of the above facilities and support are made available to Council Members on the following terms:

each Council Member is solely responsible for those facilities released into their care and/or control for the duration of their term in office;

all facilities must be returned to the Council at the end of each term in office, upon the office of a Member of a Council becoming vacant, or earlier at the request of the Chief Executive Officer;

if the facilities provided to the Council Member are damaged or lost the Council Member must lodge a written report with the Council officer responsible for this Policy.

The use of Council facilities, support and/or services by Council Members for campaign or election purposes is not permitted under any circumstances on the basis it is not necessary or expedient to the performance or discharge of a Council Member’s official functions or duties under the LG Act. The use of such facilities for electoral purposes during the election period would be a breach of section 78(3) of the LG Act.

Other Reimbursements

Any additional reimbursements and facilities and support not detailed in this Policy will require the specific approval of Council prior to any reimbursements being paid, benefits being received and facilities and/or support being provided.

Claims for Reimbursement Council Members are required to provide details of kilometres travelled and/or evidence of expenses incurred for reimbursements claimed.

Claims for reimbursement must be submitted to the Chief Executive Officer (or Manager Governance & Administration) on the form/s provided for this purpose on a quarterly basis for the purposes of maintaining the Register of Allowances and Benefits.

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Attachment 13 83


Reimbursement of expenses will only be paid to a Council Member upon presentation of the form/s and adequate evidence supporting the claims made.

Register of Allowances and Benefits Pursuant to section 79(1) and (2) of the LG Act, the Chief Executive Officer must maintain a Register in which he or she shall ensure that a record is kept of—

(a) the annual allowance payable to a Council Member (in the case of section 79 (1)(a)); and

(b) any expenses reimbursed under section 77(1)(b) of the LG Act (in the case of section 79(1)(b)); and

(c) other benefits paid or provided for the benefit of the Member by the Council (in the case of section 79(1)(c)); or

(d) to make a record of the provision of a reimbursement or benefit not previously recorded in the Register (in the case of section 79(2)(b)),

on a quarterly basis (see regulation 7 of the Regulations). Reimbursements paid under section 77(1)(a) of the LG Act are not required to be recorded in the Register. The Chief Executive Officer is required to record in the Register any changes in the allowance or a benefit payable to, or provided for the benefit of, Council Members. Accordingly, the Chief Executive Officer will update the Register each quarter and therefore each Council Member is required to provide his or her claim form for reimbursement to Manager Governance & Administration on the last business day of each quarter. The Register of Allowances and Benefits is available for inspection by members of the public, free of charge, at the Council’s principal office during ordinary business hours. Copies or extracts of the Register are available for purchase upon payment of a fixed fee.

Review

This Policy will lapse at the next general election at which time the newly elected Council will be required to adopt a new policy dealing with Council Member’s allowances, reimbursements and benefits for their term in office (section 77(2) LG Act).

Access to the Policy

The Policy will be available for inspection at Council’s principal office during business hours and on the Council’s website www.prospect.sa.gov.au. Copies will also be provided to interested members of the community upon request, and upon payment of a fee in accordance with Council’s schedule of fees and charges.

Further Information

Director Corporate Services City of Prospect 128 Prospect Road Prospect SA 5082 t. 8269 5355 e. [email protected]

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

mailto:[email protected]

Item 14.6: Appointment of Council Assessment Panel Member

AGENDA ITEM NO.: 14.6 TO: Council on 27 November 2018 DIRECTOR: Nathan Cunningham, Director Community & Planning REPORT AUTHOR: Darren Starr, Manager Development Services SUBJECT: Appointment of Council Assessment Panel Member


Under the provisions of the Planning, Development & Infrastructure Act 2016, Council is required to establish a Council Assessment Panel (CAP), which has direct powers under the Act in the consideration of development applications.

The CAP also provides comments to the State Commission Assessment Panel (SCAP) on applications to be determined by the Commission and considers compromise proposals on appeals before the Environment, Resources and Development Court.

A CAP must comprise no more than five (5) members, of which no more than one (1) can be appointed from Council’s Elected Member body. Council may appoint Deputy Members, who would act as a proxy in the event of a member’s absence from any particular meeting.

At its May 2018 meeting, Council appointed Cr Matt Larwood as a member of the CAP and Cr Monica Lee as a Deputy Member for a period concluding with the end of the term of the previous Council.

Council has also appointed David Cooke to the position of Presiding Member of the Council Assessment Panel. Other Independent Members are; Julian Rutt (Architect), Sam Green (Planning, Local Government and local resident) and Rob Gagetti (Planning consulting and local government) and Mr Ruan Perera (Planning and Development sector) as a Deputy Member until October 2019.

The vacant position on the Council Assessment Panel (CAP) can either be filled by a Councillor or an Independent person should no Councillor nominate to fill the role.

Should a Councillor choose to nominate for this vacant position they can be appointed by Council. Should more than one Councillor nominate for the vacant position then a vote will be required during the Council meeting and traditionally this has occurred through secret ballots.

Should no Councillor be interested in filling this vacancy, then an additional Independent Member can be appointed by Council. This can occur because under the legislation Council is not compelled to appoint any Elected Members to the CAP. Should no Councillor seek appointment on this Panel, the Staff will run a recruitment process, including interviews, before making a recommendation to Council in coming months. In the meantime a quorum will still exist.


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2. RECOMMENDATION

(1) Council having considered Item 14.6 Appointment of Council Assessment Panel Member receive and note the report.

(2) Council appoints Cr________________ to the vacant member position on the Council Assessment Panel commencing at the December 2018 meeting and concluding following the December 2020 meeting of the Council Assessment Panel.

(3) Council appoints Cr_________________ to a Deputy position on the Council Assessment Panel commencing at the December 2018 meeting and concluding following the December 2020 meeting of the Council Assessment Panel.


• Section 83 of the Planning, Development and Infrastructure Act 2016, together with Section 10 of the Statutes Amendment (Planning, Development and Infrastructure) Act 2017, requires that a Council establish a Council Assessment Panel (CAP) and appoint members to the CAP.


Strategy 2.1 Respect the past, create our future The appointment of a CAP ensures that planning decisions which relate to future development within City of Prospect are made by Independent and Elected Members appointed by Council.


Strategy 4.4 Accountable and people-focused services

Decisions made by the CAP are transparent in nature through public meetings, agendas and minutes.


2. Knowledge Workforce

A labour force that creates economic value through its knowledge, skills and ability to use information effectively

CAP members are appointed to provide specialist advice and bring their experience and skills to decision making.


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5. Sustainability Economic growth while reducing the environmental impact of that growth

The Prospect Development Plan contains policies around sustainability which will be considered by the CAP in its decision making.

4. REGIONAL IMPACT

Nil


The community is advised of CAP meeting dates via public notices and Council’s website. CAP meetings are open to the public, although there are some circumstances (such as receiving legal advice) where the CAP may consider reports in confidence. No community consultation is required or has been undertaken in the preparation of this report.

6. DISCUSSION

Background to Membership of the CAP

Council is required to establish a Council Assessment Panel (CAP) in accordance with the requirements of the Planning, Development and Infrastructure Act 2016.

The role of the CAP is to assess and determine development applications, including those where representations from the public will be heard.

Meetings of the CAP are held on the second Monday of each month with the CAP agenda, associated reports and minutes of previous meetings published on Council's website prior to the meeting.

Council is responsible for determining the appointment of members to the CAP including selection criteria, the terms of office, conditions of appointment, remuneration, as well as the presiding, independent and deputy membership. In a future implementation stage of the new planning system, a requirement will also be introduced requiring CAP members (except for Councillors) to be Accredited Professionals.

The CAP must have no more than five (5) members, only one (1) of whom may be a member of Council. In addition to the five (5) ordinary members of the CAP, Council may appoint one or more Deputy Members. Deputy Members are empowered to take the place of an ordinary CAP member in the case of an absence from an individual meeting. This structure is in place for the City of Prospect CAP.

Appointment of Independent Members to the CAP

City of Prospect’s Council Assessment Panel (CAP) currently comprises four independent members. No additional independent members or deputy independent members are required at this time.


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Appointment of Elected Members to the CAP

City of Prospect’s CAP did include one Councillor in its membership with the term of the Councillor appointed to the CAP concluding with the term of the last Council.

An opportunity exists for a Councillor to be appointed to the vacant position, however, an opportunity also exists for Council to seek a further independent member for the vacancy on the CAP should it choose to do so.


The payment of CAP sitting fees is budgeted.


A Council Assessment Panel must comprise no more than five (5) members, no more than one (1) of whom can be appointed from Council’s Elected body.

An additional CAP member is required to be appointed by Council given the term of the appointed Councillor has expired. This member can either be a Councillor or an Independent person. Should a Councillor be appointed, it would be prudent for Council to appoint a Deputy also to ensure representation at all meetings.

Should an Independent person be sought, staff will undertake an Expression of Interest process and return to Council with a recommended appointee.

ATTACHMENTS

Nil.


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Item 14.7: Eastern Health Authority Board Appointments



DIRECTOR: Nathan Cunningham, Director Community & Planning

REPORT AUTHOR: Brendan Lott, Manager Community Development

SUBJECT: Eastern Health Authority Board Appointments


City of Prospect is a member of the regional subsidiary Eastern Health Authority (EHA) established under section 43 of the Local Government Act 1999 SA (Act). EHA was established by the Constituent Councils for the purpose of providing public and environmental health services primarily to and within the areas of the Constituent Councils. The Constituent Councils of EHA are:

1. City of Prospect; 2. City of Norwood Payneham & St Peters; 3. City of Burnside; 4. Campbelltown City Council; and 5. The Corporation of the Town of Walkerville,

Nominations are called for Board Members and deputies on this subsidiary at the commencement of each new term of Council. Appointees to a Board of a subsidiary are responsible to that subsidiary with all the legislative requirements as a Board Member, not as a representative of Council. As a Board Member, there is an expectation to provide a regular report to Council on the operations of the organisation and any emerging issues that may affect Council. This can be a verbal report as part of an ordinary Council Meeting. The EHA Board is responsible for managing all activities and ensuring that EHA acts in accordance with its Charter (Attachments 1-32). Membership of the Board is appointed by each Constituent Council, who must appoint:

(a) one Elected Member; and

(b) one other person who may be an officer, employee or elected member of that Constituent Council or an independent person,

to be Board members and may at any time revoke these appointments and appoint other persons on behalf of that Constituent Council.

There is merit in appointing a Council member and a staff member to the board from each Council as this provides variety in the skills, experiences and perspectives offered to the board which are appropriate governance considerations for each Constituent Council.


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The senior officer will act according to delegations made by their Constituent Council and apply their professional expertise and close understanding of operational requirements as a balance to the strategic and political contributions of the Council member appointee.

2. RECOMMENDATION

(1) That Council, having considered Item 14.7 Eastern Health Authority Board Appointments receive and note the report.

(2) That Cr_________________ (Board Member 1) and Director Community & Planning (Board Member 2) be appointed to the Eastern Health Authority Board of Management.

(3) That Cr_________________ (Deputy to Board Member 1) and Manager Community Development (Deputy to Board Member 2) be appointed as Deputy Board Members to Eastern Health Authority.

(4) The above appointments are made for the term of the current council (2018 – 2022).


• Environment Protection Act 1993;

• Expiation of Offences Act 1996;

• Housing Improvement Act 1940;

• South Australian Public Health Act 2011 along with the South

• Australian Public Health (Legionella) Regulations 2013 and the

• South Australian Public Health (Wastewater) Regulations 2013;

• Supported Residential Facilities Act 1992 and Supported Residential

• Facilities Regulation 2009;

• Safe Drinking Water Act 2011;

• Eastern Health Authority Charter 2016.


Strategy 1.1 Know our community The charter of the Eastern Health


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Strategy 1.2 Environmentally active, sustainably focused

Authority is focussed upon the monitoring and improvement of the environmental wellbeing of our communities. Strategy 1.3 Active living for every age, every

stage

Strategy 1.4 Celebrate our diverse and creative community


Strategy 2.1 Respect the past, create our future The charter of the Eastern Health Authority does not contribute to this strategic priority. Strategy 2.2 Loved parks and places

Strategy 2.3 An accessible City

Strategy 2.4 A greener future


Strategy 3.1 A stronger local economy Monitoring our food hospitality businesses is vitally important to ensure that high quality and safe standards are maintained, giving confidence to consumers of the prestige and reputation of local eateries.


Strategy 3.3 Leverage our digital advantage

Strategy 3.4 International Prospect


Strategy 4.1 Excellence in Infrastructure The charter of the Eastern Health Authority gives close consideration to the requirement for EHA to be accountable and people focused.

Strategy 4.2 Sound Financial Management

Strategy 4.3 Responsible Waste Management

Strategy 4.4 Accountable and people-focused services


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1. Broadband Infrastructure is the foundation of economic competitiveness

2. Knowledge Workforce – Eastern Health Authority works closely with local food businesses to increase their understanding and application of contemporary food handling standards.



3. Innovation Intelligent Communities pursue innovation through a relationship between business, government and institutions (i.e. universities).

4. Digital Equality Allowing everyone access to broadband technologies and skills to use them


6. Advocacy Engaging leaders and citizens, businesses and institutions, in identifying opportunities to champion positive change.

4. REGIONAL IMPACT

A number of the Constituent Councils that form the Eastern Health Authority are also members of the Eastern Region Alliance of Council’s. EHA is one of the few regional subsidiaries that provide a true example of how Council’s may cooperate for the benefit of all our residents.


Community consultation is not a requirement for the appointment of members to the Eastern Health Authority Board.

6. DISCUSSION

The field of Environmental health continues to increase in complexity and diversity, making it difficult for small to medium size councils to attract and retain staff who are experienced and fully skilled across the legislative demands placed on Local Government.


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EHA’s size, structure and sole focus on environmental health puts it in an ideal position to provide high quality, specialist services to the community on behalf of its Constituent Councils. This in turn ensures Constituent Councils are meeting their broad environmental responsibilities. The Constituent Councils of EHA are:

1. City of Prospect; 2. City of Norwood Payneham & St Peters; 3. City of Burnside; 4. Campbelltown City Council; and 5. The Corporation of the Town of Walkerville,

Nominations are called for Board Members and deputies on this subsidiary. Appointees to a Board of a subsidiary are responsible to that subsidiary with all the legislative requirements as a Board Member, not as a representative of Council. Purpose EHA is established by the Constituent Councils for the purpose of providing public and environmental health services primarily to and within the areas of the Constituent Councils. Functions For, or in connection with its purpose, EHA may undertake the following functions:

a) take action to preserve, protect and promote public and environmental health within the area of the Constituent Councils;

b) cooperate with other authorities involved in the administration of public and

environmental health; c) promote and monitor public and environmental health whether in or, so far as

the Act and the charter allows, outside the area of the Constituent Councils; d) assist the Constituent Councils to meet their legislative responsibilities in

accordance with the SA Public Health Act, the Food Act 2001 (SA), the Supported Residential Facilities Act 1992 (SA), the Expiation of Offences Act 1996 (SA), the Housing Improvement Act 1940 (SA) (or any successor legislation to these Acts) and any other legislation regulating similar matters that the Constituent Councils determine is appropriate within the purposes of EHA;

e) establish objectives and policy priorities for the promotion and protection of

public and environmental health within the areas of the Constituent Councils; f) provide immunisation programs for the protection of public health within the

areas of the Constituent Councils or to ensure that such programs are provided; g) promote and monitor standards of hygiene and sanitation;


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h) promote and monitor food safety standards; i) identify risks to public and environmental health within the areas of the

Constituent Councils; j) monitor and regulate communicable and infectious disease control; k) licence and monitor standards in Supported Residential Facilities; l) ensure that remedial action is taken to reduce or eliminate adverse impacts or

risks to public and environmental health; m) provide, or support the provision of, educational information about public and

environmental health and provide or support activities within the areas of the Constituent Councils to preserve, protect or promote public health;

n) keep the Constituent Councils abreast of any emerging opportunities, trends

and issues in public and environmental health; and o) any other functions described in the Charter or assigned by the Constituent

Councils to EHA consistent with EHA's purpose.

Board of Management The Board is responsible for managing all activities of EHA and ensuring that EHA acts in accordance with the Charter. The Board will:

a) formulate plans and strategies aimed at improving the activities of EHA; b) provide input and policy direction to EHA; c) monitor, oversee and evaluate the performance of the Chief Executive Officer;

d) ensure that ethical behaviour and integrity is maintained in all activities

undertaken by EHA;

e) subject to clause 3.10, ensure that the activities of EHA are undertaken in an open and transparent manner;

f) assist with the development of the Public Health Plan and Business Plan; and

g) exercise the care, diligence and skill that a prudent person of business would

exercise in managing the affairs of other persons. Membership of the Board Each Constituent Council must appoint:

(a) one elected member; and



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A Board Member shall be appointed for the term of office specified in the instrument of appointment, and at the expiration of the term of office will be eligible for re-appointment by the Constituent Council. Clearly defined roles and responsibilities of elected members and employees is a fundamental principle of sound governance. Application of this principle for membership of the EHA Board would indicate benefits of having both an elected member and employee as board members from each Constituent Council.

Financial and Resource Implications The funding contribution required from each Constituent Council is based on an estimated proportion of EHA’s overall activities occurring within its respective area. The estimated proportion is determined using a Funding Contribution Calculation Formula based upon activities conducted by EHA on behalf of Constituent Councils have been weighted according to their estimated proportion of overall activities. It should be noted that the weighted proportion allocated to administration is divided evenly between the Constituent Councils. A calculation of each Constituent Councils proportion of resources used for a range of different activities is made. This occurs annually during the budget development process and is based on the best available data from the preceding year. City of Prospect contribution for 2018-2019 is set at $237,123. This amount is 13.76% of $1,723,013, which is the total required contribution from all five Constituent Council’s towards the operation of the Eastern Health Authority.


Consideration of good governance will strengthen Membership of the Board by ensuring that, other than the elected member appointee, the second appointee is a senior officer of that Constituent Council. The senior officer will act according to delegations made by their Constituent Council and apply their professional expertise and close understanding of operational requirements as a balance to the strategic and political contributions of the elected member nominee.

ATTACHMENTS

Attachments 1-32: Eastern Health Authority Charter 2016


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1. EASTERN HEALTH AUTHORITY .......................................................................................... 4 1.1. Regional subsidiary ................................................................................................... 4 1.2. Constituent Councils ................................................................................................. 4 1.3. Preamble ....................................................................................................................... 4 1.4. Purpose .......................................................................................................................... 4 1.5. Functions ....................................................................................................................... 4 1.6. Powers ........................................................................................................................... 6 1.7. Area of activity ............................................................................................................. 7 1.8. Common seal ............................................................................................................... 7

2. BOARD OF MANAGEMENT ................................................................................................... 7 2.1. Functions ....................................................................................................................... 7 2.2. Membership of the Board ........................................................................................ 8 2.3. Conduct of Board Members .................................................................................... 9 2.4. Board policies and codes ........................................................................................ 9 2.5. Chair of the Board .................................................................................................... 10 2.6. Powers of the Chair and Deputy Chair .............................................................. 10 2.7. Committees ................................................................................................................ 10

3. MEETINGS OF THE BOARD ................................................................................................ 11 3.1. Ordinary meetings ................................................................................................... 11 3.2. Special meetings ...................................................................................................... 11 3.3. Telephone or video conferencing ....................................................................... 11 3.4. Notice of meetings ................................................................................................... 12 3.5. Minutes ........................................................................................................................ 13 3.6. Quorum ........................................................................................................................ 13 3.7. Meeting procedure .................................................................................................. 13 3.8. Voting ........................................................................................................................... 14

3.9. Circular resolutions .................................................................................................. 14 3.10. Meetings to be held in public except in special circumstances ............... 14 3.11. Public inspection of documents .......................................................................... 14 3.12. Saving provision ....................................................................................................... 15

4. CHIEF EXECUTIVE OFFICER ............................................................................................... 15 4.1. Appointment............................................................................................................... 15 4.2. Responsibilities ......................................................................................................... 15 4.3. Functions of the Chief Executive Officer ........................................................... 16 4.4. Acting Chief Executive Officer .............................................................................. 17

5. STAFF OF EHA ........................................................................................................................ 17

6. REGIONAL PUBLIC HEALTH PLAN ................................................................................... 17 6.1. Obligation to prepare .............................................................................................. 17

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6.2. Contents ...................................................................................................................... 18 6.3. Consultation ............................................................................................................... 18 6.4. Adoption of a Regional Public Health Plan ...................................................... 19 6.5. Implementation of a Regional Public Health Plan ......................................... 19 6.6. Review .......................................................................................................................... 19 6.7. Reporting ..................................................................................................................... 19

7. FUNDING AND FINANCIAL MANAGEMENT .................................................................. 19 7.1. Financial management .......................................................................................... 19 7.2. Bank account ............................................................................................................. 20 7.3. Budget .......................................................................................................................... 20 7.4. Funding contributions ............................................................................................. 20 7.5. Financial reporting ................................................................................................... 21 7.6. Audit .............................................................................................................................. 21 7.7. Liability ......................................................................................................................... 21 7.8. Insolvency ................................................................................................................... 21 7.9. Insurance and superannuation requirements ................................................ 22

8. BUSINESS PLAN .................................................................................................................... 22 8.1. Contents of the Business Plan ............................................................................. 22 8.2. Review and assessment against the Business Plan .................................... 22

9. MEMBERSHIP ......................................................................................................................... 23 9.1. New Members ........................................................................................................... 23 9.2. Withdrawal of a member ....................................................................................... 23

10. DISPUTE RESOLUTION ....................................................................................................... 24

11. WINDING UP ........................................................................................................................... 26

12. MISCELLANEOUS .................................................................................................................. 27 12.1. Action by the Constituent Councils .................................................................... 27

12.2. Direction by the Constituent Councils ............................................................... 27 12.3. Alteration and review of charter .......................................................................... 27 12.4. Access to information ............................................................................................. 27 12.5. Circumstances not provided for .......................................................................... 27

13. INTERPRETATION .................................................................................................................. 28 13.1. Glossary ....................................................................................................................... 28 13.2. Interpreting the charter .......................................................................................... 29

Schedule 1 – Funding Contribution Calculation Formula .................................................... 29

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1. EASTERN HEALTH AUTHORITY

1.1. Regional subsidiary

Eastern Health Authority (EHA) is a regional subsidiary established under section 43 of the Act.

1.2. Constituent Councils

The Constituent Councils of EHA are:

a) City of Norwood Payneham & St Peters;

b) City of Burnside;

c) Campbelltown City Council;

d) City of Prospect; and

e) The Corporation of the Town of Walkerville,

(Constituent Councils).

1.3. Preamble

The field of Environmental health continues to increase in complexity and diversity, making it difficult for small to medium size councils to attract and retain staff who are experienced and fully skilled across the legislative demands placed on Local Government.

EHA’s size, structure and sole focus on environmental health puts it in an ideal position to provide high quality, specialist services to the community on behalf of its Constituent Councils. This in turn ensures Constituent Councils are meeting their broad environmental health legislative responsibilities.

1.4. Purpose

EHA is established by the Constituent Councils for the purpose of providing public and environmental health services primarily to and within the areas of the Constituent Councils.

1.5. Functions

For, or in connection with its purpose, EHA may undertake the following functions:

a) take action to preserve, protect and promote public and environmental health within the area of the Constituent Councils;

b) cooperate with other authorities involved in the administration of public and environmental health;

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c) promote and monitor public and environmental health whether in or, so far as the Act and the charter allows, outside the area of the Constituent Councils;

d) assist the Constituent Councils to meet their legislative responsibilities in accordance with the SA Public Health Act, the Food Act 2001 (SA), the Supported Residential Facilities Act 1992 (SA), the Expiation of Offences Act 1996 (SA), the Housing Improvement Act 1940 (SA) (or any successor legislation to these Acts) and any other legislation regulating similar matters that the Constituent Councils determine is appropriate within the purposes of EHA;

e) establish objectives and policy priorities for the promotion and protection of public and environmental health within the areas of the Constituent Councils;

f) provide immunisation programs for the protection of public health within the areas of the Constituent Councils or to ensure that such programs are provided;

g) promote and monitor standards of hygiene and sanitation;

h) promote and monitor food safety standards;

i) identify risks to public and environmental health within the areas of the Constituent Councils;

j) monitor and regulate communicable and infectious disease control;

k) licence and monitor standards in Supported Residential Facilities;

l) ensure that remedial action is taken to reduce or eliminate adverse impacts or risks to public and environmental health;

m) provide, or support the provision of, educational information about public and environmental health and provide or support activities within the areas of the Constituent Councils to preserve, protect or promote public health;

n) keep the Constituent Councils abreast of any emerging opportunities, trends and issues in public and environmental health; and

o) any other functions described in the Charter or assigned by the Constituent Councils to EHA consistent with EHA's purpose.

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1.6. Powers

EHA has the powers necessary for the carrying out of its functions, and may:

a) enter into contracts or arrangements with any government agency or authority, or councils, including the Constituent Councils;

b) appoint, employ, remunerate, remove or suspend officers, managers, employees and agents;

c) enter into contracts with any person for the acquisition or provision of goods and services;

d) receive financial contributions from the Constituent Councils;

e) publish information;

f) acquire, hold, deal with and dispose of any real or personal property, subject to the requirements of the Constituent Councils;

g) open and operate bank accounts;

h) acquire funds for the purpose of its functions or operations by entering into loan agreements;

i) invest any of the funds of EHA in any investment with the LGA Finance Authority, provided that in exercising this power of investment EHA must:

(a) exercise the care, diligence and skill that a prudent person of business would exercise in managing the affairs of other persons; and

(b) avoid investments that are speculative or hazardous in nature;

j) raise revenue by applying for grants and other funding from the State of South Australia or the Commonwealth of Australia and their respective agencies or instrumentalities on behalf of the Constituent Councils or on its own behalf.

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1.7. Area of activity

EHA may only undertake an activity outside the area of the Constituent Councils where that activity has been approved by unanimous decision of the Constituent Councils as being necessary or expedient to the performance by EHA of its functions and is an activity included in the EHA business plan.

1.8. Common seal

a) EHA shall have a common seal upon which its corporate name shall appear in legible characters.

b) The common seal shall not be used without the authorisation of a resolution of EHA and every use of the common seal shall be recorded in a register.

c) The affixing of the common seal shall be witnessed by the Chair or Deputy Chair or such other Board member as the Board may appoint for the purpose.

d) The common seal shall be kept in the custody of the Chief Executive Officer or such other person as EHA may from time to time decide.

2. BOARD OF MANAGEMENT

2.1. Functions

The Board is responsible for managing all activities of EHA and ensuring that EHA acts in accordance with the Charter. The Board will:

a) formulate plans and strategies aimed at improving the activities of EHA;

b) provide input and policy direction to EHA;

c) monitor, oversee and evaluate the performance of the Chief Executive Officer.

d) ensure that ethical behaviour and integrity is maintained in all activities undertaken by EHA;

e) subject to clause 3.10, ensure that the activities of EHA are undertaken in an open and transparent manner;

f) assist with the development of the Public Health Plan and Business Plan; and

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g) exercise the care, diligence and skill that a prudent person of business would exercise in managing the affairs of other persons.

2.2. Membership of the Board

a) Each Constituent Council must appoint:

(a) one elected member; and



b) A Board Member shall be appointed for the term of office specified in the instrument of appointment, and at the expiration of the term of office will be eligible for re-appointment by the Constituent Council.

c) Each Constituent Council must give notice in writing to EHA of the elected members it has appointed as Board Members and of any revocation of any of those appointments.

d) Any person authorised by a Constituent Council may attend (but not participate in) a Board meeting and may have access to papers provided to Board Members for the purpose of the meeting.

e) The provisions regarding the office of a board member becoming vacant as prescribed in the Act apply to all Board Members.

f) Where the office of a board member becomes vacant, the relevant Constituent Council will appoint another person as a Board member.

g) The Board may by a two thirds majority vote of the Board Members present (excluding the Board Member who is the subject of a recommendation under this clause g)) make a recommendation to the relevant Constituent Council requesting that the Constituent Council terminate the appointment of a Board Member in the event of:

(a) any behaviour of the Board Member which in the opinion of the Board amounts to impropriety;

(b) serious neglect of duty in attending to their responsibilities as a Board Member;

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(c) breach of fiduciary duty to EHA, a Constituent Council or the Constituent Councils;

(d) breach of the duty of confidentiality to EHA, a Constituent Council or the Constituent Councils;

(e) breach of the conflict of interest provisions of the Act; or

(f) any other behaviour that may, in the opinion of the Board, discredit EHA.

h) The members of the Board shall not be entitled to receive any remuneration in respect of their attendance at meetings or on any other business of the Board.

2.3. Conduct of Board Members

a) Subject to clauses 20(6) and 20(7), Schedule 2 to the Act, the provisions regarding conflict of interest prescribed in the Act apply to Board Members.

b) Board Members are not required to comply with Division 2, Part 4, Chapter 5 (Register of Interests) of the Act.

c) Board Members must at all times act in accordance with their duties under the Act.

2.4. Board policies and codes

a) EHA must, in consultation with the Board Members ensure that appropriate policies, practices and procedures are implemented and maintained in order to:

(a) ensure compliance with any statutory requirements; and

(b) achieve and maintain standards of good public administration.

b) A code of conduct currently prescribed under section 63 of the Act will apply to Board Members as if the Board Members were elected members, except insofar as the prescribed code of conduct is inconsistent with an express provision of the charter or schedule 2 of the Act. In the event of such an inconsistency, the charter or schedule 2 of the Act (as relevant) will prevail to the extent of the inconsistency.

c) To the extent it is able, the Board must ensure that its policies are complied with in the conduct of the affairs of EHA and are periodically reviewed and, if appropriate, amended.

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d) The audit committee will develop a schedule for the periodic review of EHA policies by 30 June each year and provide this to the Board for approval.

2.5. Chair of the Board

a) A Chair and Deputy Chair shall be elected at the first meeting of the Board after a Periodic Election.

b) The Chair and Deputy Chair shall hold office for a period of one year from the date of the election by the Board.

c) Where there is more than one nomination for the position of Chair or Deputy Chair, the election shall be decided by ballot.

d) Both the Chair and Deputy Chair shall be eligible for re-election to their respective offices at the end of the relevant one year term.

e) If the Chair should cease to be a Board Member, the Deputy Chair may act as the Chair until the election of a new Chair.

2.6. Powers of the Chair and Deputy Chair

a) The Chair shall preside at all meetings of the Board and, in the event of the Chair being absent from a meeting, the Deputy Chair shall preside. In the event of the Chair and Deputy Chair being absent from a meeting, the Board Members present shall appoint a member from among them, who shall preside for that meeting or until the Chair or Deputy Chair is present.

b) The Chair and the Deputy Chair individually or collectively shall have such powers as may be decided by the Board.

2.7. Committees

a) The Board may establish a committee for the purpose of:

(a) enquiring into and reporting to the Board on any matter within EHA’s functions and powers and as detailed in the terms of reference given by the Board to the committee; or

(b) exercising, performing or discharging delegated powers, functions or duties.

b) A member of a committee established under this clause holds office at the pleasure of the Board.

c) The Chair of the Board is an ex-officio member of any committee or advisory committee established by the Board.

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3. MEETINGS OF THE BOARD

3.1. Ordinary meetings

a) Ordinary meetings of the Board will take place at such times and places as may be fixed by the Board or where there are no meetings fixed by the Board, by the Chief Executive Officer in consultation with the Chair from time to time, so that there are no less than five ordinary meetings per financial year.

b) Notice of ordinary meetings of the Board must be given by the Chief Executive Officer to each Board Member and the chief executive officer of each Constituent Council at least three clear days prior to the holding of the meeting.

3.2. Special meetings

a) Any two Board Members may by delivering a written request to the Chief Executive Officer require a special meeting of the Board to be held.

b) The request must be accompanied by the proposed agenda for the meeting and any written reports intended to be considered at the meeting (if the proposed agenda is not provided the request is of no effect).

c) On receipt of the request, the Chief Executive Officer must send a notice of the special meeting to all Board Members and Chief Executive Officers of the Constituent Councils at least four hours prior to the commencement of the special meeting.

d) The Chair may convene special meetings of the Board at the Chair's discretion without complying with the notice requirements prescribed in clause 3.4 provided always that there is a minimum one hour notice given to Board members.

3.3. Telephone or video conferencing

a) Special meetings of the Board convened under clause 3.2 may occur by telephone or video conference provided that at least a quorum is present.

b) Where one or more Board Members attends a Board meeting by telephone or video conferencing, the meeting will be taken to be

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open to the public, provided that members of the public can hear the discussion between Board members.

c) Each of the Board Members taking part in a meeting via telephone or video conferencing must, at all times during the meeting, be able to hear and be heard by the other Board Members present.

d) At the commencement of the meeting by telephone, each Board Member must announce their presence to all other Board Members taking part in the meeting.

e) Board Members must not leave a meeting by disconnecting their telephone, audio-visual or other communication equipment, without notifying the Chair of the meeting.

3.4. Notice of meetings

a) Except where clause 3.2 applies, notice of Board meetings must be given in accordance with this clause.

b) Notice of any meeting of the Board must:

(a) be in writing;

(b) set out the date, time and place of the meeting;

(c) be signed by the Chief Executive Officer;

(d) contain, or be accompanied by, the agenda for the meeting; and

(e) be accompanied by a copy of any document or report that is to be considered at the meeting (as far as this is practicable).

c) Notice under clause b) may be given to a Board Member:

(a) personally;

(b) by delivering the notice (whether by post or otherwise) to the usual place of residence of the Board Member or to another place authorised in writing by the Board Member;

(c) electronically via email to an email address approved by the Board Member;

(d) by leaving the notice at the principal office of the Constituent Council which appointed the Board Member; or

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(e) by a means authorised in writing by the Board Member being an available means of giving notice.

d) A notice that is not given in accordance with clause c) will be taken to have been validly given if the Chief Executive Officer considers it impracticable to give the notice in accordance with that clause and takes action that the Chief Executive Officer considers reasonably practicable in the circumstances to bring the notice to the Board Member's attention.

e) The Chief Executive Officer may indicate on a document or report provided to Board Members that any information or matter contained in or arising from the document or report is confidential until such time as the Board determines whether the document or report will be considered in confidence under clause 3.10.b).

3.5. Minutes

a) The Chief Executive Officer must cause minutes to be kept of the proceedings at every meeting of the Board.

b) Where the Chief Executive Officer is excluded from attendance at a meeting of the Board pursuant to clause 3.10.b), the person presiding at the meeting shall cause the minutes to be kept.

3.6. Quorum

a) A quorum of Board Members is constituted by dividing the total number of Board Members for the time being in office by two, ignoring any fraction resulting from the division and adding one.

b) No business will be transacted at a meeting unless a quorum is present and maintained during the meeting.

3.7. Meeting procedure

a) The Board may determine its own procedures for the conduct of its meetings provided they are not inconsistent with the Act or the charter.

b) Meeting procedures determined by the Board must be documented and be made available to the public.

c) Where the Board has not determined a procedure to address a particular circumstance, the provisions of Part 2 of the Local Government (Procedures at Meetings) Regulations 2000 (SA) shall apply.

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3.8. Voting

a) Board Members including the Chair, shall have a deliberative vote. The Chair shall not in the event of a tied vote, have a second or casting vote.

b) All matters will be decided by simple majority of votes of the Board Members present. In the event of a tied vote the matter will lapse.

c) Each Board Member present at a meeting must vote on a question arising for decision at the meeting.

3.9. Circular resolutions

a) A valid decision of the Board may be obtained by a proposed resolution in writing given to all Board Members in accordance with procedures determined by the Board, where a simple majority of Board Members vote in favour of the resolution by signing and returning the resolution to the Chief Executive Officer or otherwise giving written notice of their consent and setting out the terms of the resolution to the Chief Executive Officer.

b) A resolution consented to under clause a) is as valid and effectual as if it had been passed at a meeting of the Board.

3.10. Meetings to be held in public except in special circumstances

a) Subject to this clause, meetings of the Board must be conducted in a place open to the public.

b) The Board may order that the public be excluded from attendance at any meeting in accordance with the procedure under sections 90(2) and 90(3) of the Act.

c) An order made under clause b) must be recorded in the minutes of the meeting including describing the grounds on which the order was made.

3.11. Public inspection of documents

a) Subject to clause c), a person is entitled to inspect, without payment of a fee:

(a) minutes of a Board Meeting;

(b) reports received by the Board Meeting; and

(c) recommendations presented to the Board in writing and adopted by resolution of the Board.

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b) Subject to clause c), a person is entitled, on payment to the Board of a fee fixed by the Board, to obtain a copy of any documents available for inspection under clause a).

c) Clauses a) and b) do not apply in relation to a document or part of a document if:

(a) the document or part of the document relates to a matter of a kind considered by the Board in confidence under clause 3.10.b); and

(b) the Board orders that the document or part of the document be kept confidential (provided that in so ordering the Board must specify the duration of the order or the circumstances in which it will cease to apply or a period after which it must be reviewed).

3.12. Saving provision

a) No act or proceeding of EHA is invalid by reason of:

(a) a vacancy or vacancies in the membership of the Board; or

(b) a defect in the appointment of a Board Member.

4. CHIEF EXECUTIVE OFFICER

4.1. Appointment

a) The Board shall appoint a Chief Executive Officer to manage the business of EHA on a fixed term performance based employment contract, which does not exceed five years in duration.

b) At the expiry of a Chief Executive Officer's contract, the Board may reappoint the same person as Chief Executive Officer on a new contract of no greater than five years duration.

4.2. Responsibilities

a) The Chief Executive Officer is responsible to the Board for the execution of decisions taken by the Board and for the efficient and effective management of the affairs of EHA.

b) The Chief Executive Officer shall cause records to be kept of all activities and financial affairs of EHA in accordance with the charter, in addition to other duties provided for by the charter and those specified in the terms and conditions of appointment.

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4.3. Functions of the Chief Executive Officer

The functions of the Chief Executive Officer shall be specified in the terms and conditions of appointment and will include terms to the effect that the Chief Executive Officer's functions may:

a) ensure that the policies, procedures, codes of conduct and any lawful decisions of EHA are implemented and promulgated in a timely and efficient manner;

b) undertake responsibility for the day to day operations and affairs of EHA;

c) provide advice, assistance and reports to EHA through the Board in the exercise and performance of its powers and functions under the charter and the Act;

d) initiate and co-ordinate proposals for consideration by EHA for developing objectives, policies and programs for the Constituent Council areas;

e) provide information to EHA to assist EHA to assess performance against EHA plans;

f) ensure that timely and accurate information about EHA policies and programs is regularly provided to the communities of the Constituent Councils;

g) ensure that appropriate and prompt responses are given to specific requests for information made to EHA and, where appropriate, the Constituent Councils;

h) ensure that the assets and resources of EHA are properly managed and maintained;

i) maintain records that EHA and the Constituent Councils are required to maintain under the charter, the Act or another Act in respect of EHA;

j) ensure sound principles of human resource management, health and safety to the employment of staff by EHA, including the principles listed in section 107(2) of the Act;

k) ensure compliance with the obligations under Work Health and Safety Act 2012 (SA) of both EHA and the Chief Executive Officer (as an 'officer' of EHA within the meaning of the WHS Act); and

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l) exercise, perform or discharge other powers, functions or duties conferred on the Chief Executive Officer by the charter, and to perform other functions lawfully directed by the Board.

4.4. Acting Chief Executive Officer

a) Where an absence of the Chief Executive Officer is foreseen, the Chief Executive Officer may appoint a suitable person to act as Chief Executive Officer, provided that the Board may determine to revoke the Chief Executive Officer's appointment and appoint an alternative person as Acting Chief Executive Officer.

b) If the Chief Executive Officer does not make or is incapable of making an appointment under clause a), a suitable person will be appointed by the Board.

5. STAFF OF EHA

EHA may employ any staff required for the fulfilment of its functions. The conditions on which staff are employed will be determined by the Chief Executive Officer.

6. REGIONAL PUBLIC HEALTH PLAN

6.1. Obligation to prepare

a) EHA must prepare for the Constituent Councils a draft regional public health plan for the purposes of the South Australian Public Health Act.

b) The draft Regional Public Health Plan must be:

(a) in the form determined or approved by the Minister; and

(b) consistent with the State Public Health Plan.

c) In drafting the Regional Public Health Plan, EHA will take into account:

(a) any guidelines prepared or adopted by the Minister to assist councils prepare regional public health plans; and

(b) in so far as is reasonably practicable give due consideration to the regional public health plans of other councils where relevant to issues or activities under the Regional Public Health Plan.

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6.2. Contents

The Regional Public Health Plan must:

a) comprehensively assess the state of public health in the areas of the Constituent Councils;

b) identify existing and potential public health risks and provide for strategies for addressing and eliminating or reducing those risks;

c) identify opportunities and outline strategies for promoting public health in the areas of the Constituent Councils;

d) address any public health issues specified by the Minister; and

e) include information as to:

(a) the state and condition of public health within the area of the Constituent Councils and related trends;

(b) environmental, social, economic and practical considerations relating to public health within the area of the Constituent Councils; and

(c) other prescribed matters; and

f) include such other information or material contemplated by the SA Public Health Act or regulations made under that Act.

6.3. Consultation

a) EHA will submit the draft Regional Public Health Plan to the Constituent Councils for approval for the plan to be provided, on behalf of the Constituent Councils, to:

(a) the Minister;

(b) any incorporated hospital established under the Health Care Act 2008 (SA) that operates a facility within the area of the Constituent Councils;

(c) any relevant Public Health Authority Partner; and

(d) any other person prescribed by regulation made under the SA Public Health Act.

b) Once approved by the Constituent Councils, EHA will, on behalf of the Constituent Councils, submit a copy of the draft Regional Public Health Plan to the entities listed in clause a) and consult with the Chief Public Health Officer and the public on the draft Public Health Authority Partner.

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c) EHA will provide an amended copy of the Regional Public Health Plan to the Constituent Councils which takes into account comments received through consultation under clause b).

6.4. Adoption of a Regional Public Health Plan

Each Constituent Council will determine whether or not to adopt the draft Regional Public Health Plan submitted to it by EHA under clause 6.3.c).

6.5. Implementation of a Regional Public Health Plan

EHA is responsible for undertaking any strategy and for attaining any priority or goal which the Regional Public Health Plan specifies as EHA's responsibility.

6.6. Review

EHA will, on behalf of the Constituent Councils, review the current Regional Public Health Plan every five years or at shorter time intervals as directed by the Constituent Councils.

6.7. Reporting

a) EHA will on a biennial basis, on behalf of the Constituent Councils, prepare a draft report that contains a comprehensive assessment of the extent to which, during the reporting period, EHA and the Constituent Councils have succeeded in implementing the Regional Public Health Plan.

b) The reporting period for the purposes of clause a) is the two years ending on 30 June preceding the drafting of the report.

c) EHA will comply with guidelines issued by the Chief Public Health Officer in respect of the preparation of reports on regional public health plans.

d) EHA will submit the draft report to the Constituent Councils for approval for the draft report to be provided to the Chief Public Health Officer by 30 June 2014.

7. FUNDING AND FINANCIAL MANAGEMENT

7.1. Financial management

a) EHA shall keep proper books of account. Books of account must be available for inspection by any Board Member or authorised representative of any Constituent Council at any reasonable time on request.

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b) EHA must meet the obligations set out in the Local Government (Financial Management) Regulations 2011 (SA).

c) The Chief Executive Officer must act prudently in the handling of all financial transactions for EHA and must provide financial reports to the Board at its meetings and if requested, the Constituent Councils.

7.2. Bank account

a) EHA must establish and maintain a bank account with such banking facilities and at a bank to be determined by the Board.

b) All cheques must be signed by two persons authorised by resolution of the Board.

c) Any payments made by electronic funds transfer must be made in accordance with procedures approved by the external auditor.

7.3. Budget

a) EHA must prepare a proposed budget for each financial year in accordance with clause 25, Schedule 2 to the Act.

b) The proposed budget must be referred to the Board at its April meeting and to the Chief Executive Officers of the Constituent Councils by 30 April each year.

c) A Constituent Council may comment in writing to EHA on the proposed budget by 31 May each year.

d) EHA must, after 31 May but before the end of June in each financial year, finalise and adopt an annual budget for the ensuing financial year in accordance with clause 25, Schedule 2 to the Act.

7.4. Funding contributions

a) Constituent Council shall be liable to contribute monies to EHA each financial year for its proper operation.

b) The contribution to be paid by a Constituent Council for any financial year shall be determined by calculating the Constituent Council’s proportion of EHA’s overall activities in accordance with the Funding Contribution Calculation Formula (see Schedule 1).

c) Constituent Council contributions shall be paid in two equal instalments due respectively on 1 July and 1 January each year.

d) The method of determining contributions can be changed with the written approval of not less than two thirds of the Constituent

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Councils. Where the method for calculating contributions is changed, the revised methodology will apply from the date determined by not less than two thirds of the Constituent Councils.

e) If a council becomes a new Constituent Council after the first day of July in any financial year, the contribution payable by that council for that year will be calculated on the basis of the number of whole months (or part thereof) remaining in that year.

7.5. Financial reporting

a) The Board shall present a balance sheet and the audited financial statements for the immediately previous financial year to the Constituent Councils by 31 August each year.

b) The financial year for EHA is 1 July of a year to 30 June in the subsequent year.

7.6. Audit

a) The Board shall appoint an external auditor in accordance with the Local Government (Financial Management) Regulations 2011 (SA).

b) The audit of financial statements of EHA, together with the accompanying report from the external auditor, shall be submitted to the Chief Executive Officer and the Board.

c) The books of account and financial statements shall be audited at least once per year.

d) EHA will maintain an audit committee as required by, and to fulfil the functions set out in, clause 30, Schedule 2 to the Act.

7.7. Liability

The liabilities incurred and assumed by EHA are guaranteed by all Constituent Councils in the proportions specified in the Funding Contribution Calculation Formula.

7.8. Insolvency

In the event of EHA becoming insolvent, the Constituent Councils will be responsible for all liabilities of EHA in proportion to the percentage contribution calculated for each Constituent Council for the financial year prior to the year of the insolvency.

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7.9. Insurance and superannuation requirements

a) EHA shall register with the LGA Mutual Liability Scheme and comply with the rules of that scheme.

b) EHA shall register with the LGA Asset Mutual Fund or otherwise advise the Local Government Risk Services of its insurance requirements relating to local government special risks in respect of buildings, structures, vehicles and equipment under the management, care and control of EHA.

c) If EHA employs any person it shall register with Statewide Super and the LGA Workers Compensation Scheme and comply with the rules of those schemes.

8. BUSINESS PLAN

8.1. Contents of the Business Plan

a) EHA must each year develop in accordance with this clause a business plan which supports and informs its annual budget.

b) In addition to the requirements for the Business Plan set out in clause 24(6) of Schedule 2 to the Act, the Business Plan will include:

(a) a description of how EHA's functions relate to the delivery of the Regional Public Health Plan and the Business Plan;

(b) financial estimates of revenue and expenditure necessary for the delivery of the Regional Public Health Plan;

(c) performance targets which EHA is to pursue in respect of the Regional Public Health Plan.

c) A draft of the Business Plan will be provided to the Constituent Councils on a date to be determined for the endorsement of the majority of those councils.

d) The Board must provide a copy of the adopted annual Business Plan and budget to the Chief Executive Officers of each Constituent Council within five business days of its adoption.

8.2. Review and assessment against the Business Plan

a) The Board must:

(a) compare the achievement of the Business Plan against performance targets for EHA at least once every financial year;

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(b) in consultation with the Constituent Councils review the contents of the Business Plan on an annual basis; and

(c) consult with the Constituent Councils prior to amending the Business Plan.

b) EHA must submit to the Constituent Councils, by 30 September each year in respect of the immediately preceding financial year, an annual report on the work and operations of EHA detailing achievement of the aims and objectives of its Business Plan and incorporating any other information or report as required by the Constituent Councils.

9. MEMBERSHIP

9.1. New Members

The charter may be amended by the unanimous agreement of the Constituent Councils and the approval of the Minister to provide for the admission of a new Constituent Council or Councils, with or without conditions of membership.

9.2. Withdrawal of a member

a) Subject to any legislative requirements, including but not limited to ministerial approval, a Constituent Council may resign from EHA at any time by giving a minimum 12 months notice to take effect from 30 June in the financial year after which the notice period has expired, unless otherwise agreed by unanimous resolution of the other Constituent Councils.

b) Valid notice for the purposes of clause a) is notice in writing given to the Chief Executive Officer and each of the Constituent Councils.

c) The withdrawal of any Constituent Council does not extinguish the liability of that Constituent Council to contribute to any loss or liability incurred by EHA at any time before or after such withdrawal in respect of any act or omission by EHA prior to such withdrawal.

d) Payment of monies outstanding under the charter, by or to the withdrawing Constituent Council must be fully paid by 30 June of the financial year following 30 June of the year in which the withdrawal occurs unless there is a unanimous agreement as to alternative payment arrangements by the Constituent Councils.

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10. DISPUTE RESOLUTION

a) The procedure in this clause must be applied to any dispute that arises between EHA and a Constituent Council concerning the affairs of EHA, or between the Constituent Councils concerning the affairs of EHA, including a dispute as to the meaning or effect of the charter and whether the dispute concerns a claim in common law, equity or under statute.

b) EHA and a Constituent Council must continue to observe the charter and perform its respective functions despite a dispute.

c) This clause does not prejudice the right of a party:

(a) to require the continuing observance and performance of the charter by all parties: or

(b) to institute proceedings to enforce payment due under the charter or to seek injunctive relief to prevent immediate and irreparable harm.

d) Subject to clause c), pending completion of the procedure set out in clauses e) to i), a dispute must not be the subject of legal proceedings between any of the parties in dispute. If legal proceedings are initiated or continued in breach of this clause, a party to the dispute is entitled to apply for and be granted an order of the court adjourning those proceedings pending completion of the procedure set out in this clause 10.

e) Step 1: Notice of dispute: A party to the dispute must promptly notify each other party to the dispute of:

(a) the nature of the dispute, giving reasonable details;

(b) what action (if any) the party giving notice seeks to resolve the dispute.

A failure to give notice under this clause e) does not entitle any other party to damages.

f) Step 2: Request for a meeting of the parties: A party providing notice of a dispute under clause e) may at the same or a later time notify each other party to the dispute that the notifying party requires a meeting within 14 business days.

g) Step 3: Meeting of senior managers: Where a meeting is requested under clause f), a senior manager of each party must

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attend a meeting with the Board in good faith to attempt to resolve the dispute.

h) Step 4: Meeting of chief executive officers: Where a meeting of senior managers held under clause g) fails to resolve the dispute, the chief executive officers of EHA and each of the Constituent Councils must attend a meeting in good faith to attempt to resolve the dispute.

i) Step 5: Mediation: If the meeting held under clause h) fails to resolve the dispute, then the dispute may be referred to mediation by any party to the dispute.

j) Where a dispute is referred to mediation under clause i):

(a) the mediator must be a person agreed by the parties in dispute or, if they cannot agree within 14 days, a mediator nominated by the President of the South Australian Bar Association (or equivalent office of any successor organisation);

(b) the role of the mediator is to assist in negotiating a resolution of a dispute;

(c) a mediator may not make a decision binding on a party unless the parties agree to be so bound either at the time the mediator is appointed or subsequently;

(d) the mediation will occur at EHA's principal office or any other convenient location agreed by both parties;

(e) a party is not required to spend more than the equivalent of one business day in mediation of a dispute;

(f) each party to a dispute will cooperate in arranging and expediting the mediation, including by providing information in the possession or control of the party reasonably sought by the mediator in relation to the dispute;

(g) each party will send a senior manager authorised to resolve the dispute to the mediation;

(h) the mediator may exclude lawyers acting for the parties in dispute;

(i) the mediator may retain persons to provide expert assistance to the mediator;

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(j) a party in dispute may withdraw from mediation if in the reasonable opinion of that party, the mediator is not acting in confidence or with good faith, or is acting for a purpose other than resolving the dispute;

(k) unless otherwise agreed in writing:

(i) everything that occurs before the mediator is in confidence and in closed session;

(ii) discussions (including admissions and concessions) are without prejudice and may not be called into evidence in any subsequent legal proceedings by a party;

(iii) documents brought into existence specifically for the purpose of the mediation may not be admitted in evidence in any subsequent legal proceedings by a party; and

(iv) the parties in dispute must report back to the mediator within 14 days on actions taken based on the outcomes of the mediation; and

(l) each party to the dispute must bear its own costs in respect of the mediation, plus an equal share of the costs and expenses of the mediator.

11. WINDING UP

a) EHA may be wound up by the Minister acting upon a unanimous resolution of the Constituent Councils or by the Minister in accordance with clause 33(1)(b), Schedule 2 of the Act.

b) In the event of EHA being wound up, any surplus assets after payment of all expenses shall be returned to the Constituent Councils in the proportions specified in the Funding Contribution Calculation Formula prior to the passing of the resolution to wind up.

c) If there are insufficient funds to pay all expenses due by EHA on winding up, a levy shall be imposed on all Constituent Councils in the proportion determined under the Funding Contribution Calculation Formula prior to the passing of the resolution to wind up.

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12. MISCELLANEOUS

12.1. Action by the Constituent Councils

The obligations of EHA under the charter do not derogate from the power of the Constituent Councils to jointly act in any manner prudent to the sound management and operation of EHA, provided that the Constituent Councils have first agreed by resolution of each Constituent Council as to the action to be taken.

12.2. Direction by the Constituent Councils

Any direction given to EHA by the Constituent Councils must be jointly given by the Constituent Councils to the Board of EHA by a notice or notices in writing.

12.3. Alteration and review of charter

a) The charter will be reviewed by the Constituent Councils acting jointly at least once in every four years.

b) The charter can only be amended by unanimous resolution of the Constituent Councils.

c) Notice of a proposed alteration to the charter must be given by the Chief Executive Officer to all Constituent Councils at least four weeks prior to the Council meeting at which the alteration is proposed.

d) The Chief Executive Officer must ensure that the amended charter is published in the South Australian Government Gazette, a copy of the amended charter is provided to the Minister and a copy is tabled for noting at the next Board meeting.

12.4. Access to information

A Constituent Council and a Board Member each has a right to inspect and take copies of the books and records of EHA for any proper purpose.

12.5. Circumstances not provided for

a) If any circumstances arise about which the charter is silent or which are, incapable of taking effect or being implemented the Board or the Chief Executive Officer may decide the action to be taken to ensure achievement of the objects of EHA and its effective administration.

b) Where the Chief Executive Officer acts in accordance with clause a) he or she shall report that decision at the next Board meeting.

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13. INTERPRETATION

13.1. Glossary

Term Definition

Act Local Government Act 1999 (SA)

Board board of management of EHA

Board Member a member of EHA board appointed for the purposes of clause 2.2 of the charter.

Business Plan a business plan compiled in accordance with part 8 of the charter

Chief Executive Officer The chief executive officer of EHA

Chief Public Health Officer the officer of that name appointed under the SA Public Health Act

Constituent Council a council listed in clause 1.2 of the charter or admitted under clause 9.1.

EHA Eastern Health Authority

Funding Contribution Calculation Formula

the formula set out in Schedule 1 to the charter.

LGA Local Government Association of SA

LGA Asset Mutual Fund means the fund of that name provided by Local Government Risk Services

LGA Mutual Liability Scheme

means the scheme of that name conducted by the LGA.

LGA Workers Compensation Scheme

a business unit of the Local Government Association of South Australia.

Minister South Australian Minister for Health and Aging

Periodic Election has the meaning given in the Local Government (Elections) Act 1999 (SA).

Public Health Authority Partner

is an entity prescribed or declared to be a public health authority partner pursuant to

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the SA Public Health Act

Regional Public Health Plan the plan prepared under part 6 of the charter for the areas of the Constituent Councils.

SA Public Health Act South Australian Public Health Act 2011 (SA)

State Public Health Plan means the plan of that name under the SA Public Health Act

StatewideSuper Statewide Superannuation Pty Ltd ABN 62 008 099 223

Supported Residential Facility

has the meaning given in the Supported Residential Facilities Act 1992 (SA).

13.2. Interpreting the charter

a) The charter will come into effect on the date it is published in the South Australian Government Gazette.

b) The charter supersedes previous charters of the Eastern Health Authority.

c) The charter must be read in conjunction with Schedule 2 to the Act.

d) EHA shall conduct its affairs in accordance with Schedule 2 to the Act except as modified by the charter as permitted by Schedule 2 to the Act.

e) Despite any other provision in the charter:

(a) if the Act prohibits a thing being done, the thing may not be done;

(b) if the Act requires a thing to be done, that thing must be done; and

(c) if a provision of the charter is or becomes inconsistent with the Act, that provision must be read down or failing that severed from the charter to the extent of the inconsistency.

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Schedule 1 – Funding Contribution Calculation Formula The funding contribution required from each Constituent Council is based on an estimated proportion of EHA’s overall activities occurring within its respective area. The estimated proportion is determined using the Funding Contribution Calculation Formula which is detailed on the following page. In the formula, activities conducted by EHA on behalf of Constituent Councils have been weighted according to their estimated proportion of overall activities (see table below). It should be noted that the weighted proportion allocated to administration is divided evenly between the Constituent Councils. A calculation of each Constituent Councils proportion of resources used for a range of different activities is made. This occurs annually during the budget development process and is based on the best available data from the preceding year. The formula determines the overall proportion of estimated use for each council by applying the weighting to each activity. Activity Weighted % of Activities

Administration 12.5%

Food Safety Activity 35.0%

Environmental Health Complaints 7.0%

Supported Residential Facilities 6.5%

Cooling Towers 6.5%

Skin Penetration 0.5%

Swimming Pools 2%

Number of Year 8 & 9 Enrolments 15.0%

Number of clients attending clinics 15.0%

Total 100%

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Activity Description Code Activity weighting

Constituent Council -1

Constituent Council - 2




Total

Administration (to be shared evenly )

A 12.5% 12.5%/ CC 12.5%/ CC 12.5%/ CC 12.5%/ CC 12.5%/ CC 12.5%

Food Safety Activity.

B 35% (N/B)x AW (N/B)x AW (N/B)x AW (N/B)x AW (N/B)x AW 28.5%

Environmental Health Complaints

C 7% (N/C)x AW (N/C)x AW (N/C)x AW (N/C)x AW (N/C)x AW 11%

Supported Residential Facilities.

D 6.5% (N/D)x AW (N/D)x AW (N/D)x AW (N/D)x AW (N/D)x AW 10%

High Risk Manufactured Water Systems

E 6.5% (N/E)x AW (N/E)x AW (N/E)x AW (N/E)x AW (N/E)x AW 3%

Skin Penetration

F 0.5% (N/F)x AW (N/F)x AW (N/F)x AW (N/F)x AW (N/F)x AW 2%

Public Access Swimming Pools.

G 2% (N/G)x AW (N/G)x AW (N/G)x AW (N/G)x AW (N/G)x AW 3%

School enrolments vaccinated

H 15.0% (N/H)x AW (N/H)x AW (N/H)x AW (N/H)x AW (N/H)x AW 15%

Clients attending public clinics .

I 15.0% (N/I)x AW (N/I)x AW (N/I)x AW (N/I)x AW (N/I)x AW 15%

Total Proportion of contribution Sum A-I Sum A-I Sum A-I Sum A-I Sum A-I 100% N = Number in Constituent Council area. B through to I = Total number in all Constituent Councils. AW = Activity weighting. CC = Number of Constituent Councils (example provided uses five (5) Constituent Councils)

Attach

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Attachment 32 127

Item 14.8: Eastern Health Authority First Budget Review 2017-2018

AGENDA ITEM NO.: 14.8 TO: Council Meeting on 27 November 2018 DIRECTOR: Ginny Moon, Director Corporate Services REPORT AUTHOR: Chris Birch, Manager Financial Services SUBJECT: Eastern Health Authority First Budget Review 2018 - 2019


Eastern Health Authority Inc (EHA) is a Regional Subsidiary of Council formed in partnership with City of Burnside, City of Campbelltown, City of Norwood, Payneham & St Peters and Town of Walkerville.

For the 2018-2019 EHA’s projected revised budget, Council’s estimated share of equity is 13.65%. Council’s share of equity was projected in Council’s original budget to remain static at $62,245 from 30 June 2018. EHA’s budget first budget review now forecast’s Councils share of equity will be $63,359 as at 30 June 2019.

EHA have requested approval for a variation to their budget, due to adjustments as outlined in Attachment 3-6.

The new budget review, estimates no change to EHA’s operating budget from the Original Budget. It does however include adjustments that have been made to EHA’s Balance Sheet in reflection of finalising the 2017-2018 accounts.

The adjustments made in EHA’s First Budget Review 2018-2019 will require a favourable adjustment of $1,114 in Council’s own operating and balance sheet budget to reflect the increase in equity share forecast as at 30 June 2019. This adjustment will be made in the Second Budget Review.

2. RECOMMENDATION

(1) Council having considered Item 14.8 Eastern Health Authority First Budget Review 2018-2019, approve the adjustments to Eastern Health Authority’s Budget.

(2) Council write to the Eastern Health Authority advising them of this approval.

(3) Council make a favourable adjustment of $1,114 in the second budget review 2018-2019 to reflect the increase in forecast equity share as at 30 June 2019.


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• Local Government (Financial Management) Regulations 2011 Regulation 9


Strategy 4.2 Sound Financial Management The revision of Budgets as new information comes to hand aids Council in the delivery of its strategy to delivery Sound Financial Management.


3. Innovation Intelligent Communities pursue innovation through a relationship between business, government and institutions (ie. universities).

The preparation and revision of budgets for EHA seeks to aid both the Innovation and Advocacy Indicators by having member Councils work together in order to collaboratively deliver environmental health services to our collective communities.


4. REGIONAL IMPACT

EHA is a Regional Subsidiary of Council formed in partnership with City of Burnside, City of Campbelltown, City of Norwood, Payneham & St Peters and Town of Walkerville. Its operations serve the communities of all member Councils.


The preparation of budget reviews has not had any community involvement either by City of Prospect, other Member Councils or EHA.

EHA has written to all member Council’s seeking approval.


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6. DISCUSSION

In accordance with regulation 9 of the Local Government (Financial Management) Regulations 2011, a regional subsidiary of a council must prepare and consider at least three separate budget review reports annually.

In the event that its budget requires amendment, EHA must seek approval from Constituent (member) Council’s pursuant to clause 25 (3) of Schedule 2 of the Local Government Act 1999.

At its meeting held on 24 October 2018, the EHA Board was presented with the First Budget Review for 2018-2019. It resolved to write to member Council’s requesting approval as presented.

A written request for approval of an amendment has subsequently been received from EHA. A copy of the covering letter, report and subsequent resolution which detail the proposed variations is provided as Attachments 1 – 14.

The amendment has been requested due to adjustments as outlined in Attachments 3 - 6. These adjustments offset and have no overall impact on their operating budget. However, also included in the amendments is the impact of finalising the financial results of 2017-2018. This has required some adjustments to EHA’s Balance Sheet increasing Council’s Equity value (not ownership percentage) as a result.

Before EHA can adopt the budget amendments, approval must be obtained from all constituent Council’s.


As at 30 June 2018, Council owned a 13.65% share in the EHA subsidiary, formed in partnership under the Local Government Act 1999 Section 43. Council’s share of equity at this time equated to $62,245.

For the 2018-2019 EHA projected revised budget, Council’s estimated share of equity to remain static at 13.65%. Council’s share of equity is projected to be $63,359. Council has already included a projection of $62,245 in its budget. It requires a favourable increase of Share of JV Profit of $1,114 in order to correctly reflect the revised budget projection. The adjustment of $1,114 will need to be included in Council’s own Second Budget Review, to be presented to the February 2019 Council Meeting.

A summary of the adjustments to year to date is as follows:

City of Prospect Equity as at 30/6/2018 $62,245

EHA First Budget Review $1,114

Net favourable adjustment $1,114

City of Prospect Proposed Equity as at 30/6/2019 $63,359


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The forecast end position of EHA’s first budget review presents a net favourable adjustment of $1,114 to Council’s forecast net equity in equity share as at 30 June 2019 compared to 30 June 2018.

The adjustments presented are not operationally impacted but instead are a finalisation of the EHA’s balance sheet as at 30 June 2018 with information that was not known at the time of setting their 2018-2019 budget.

The recommendation seeks Council to provide approval to EHA for their requested adjustment, as well as make adjustment to its own budget to reflect the increase in forecast equity share at the next budget review (BR2).

ATTACHMENTS

Attachments 1-14: Eastern Health Authority (EHA) First Budget Review 2018/2019


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Attachment 1 132

Eastern Health Authority Board of Management Meeting 24 October 2018

6.1 FINANCE REPORT AND FIRST (SEPTEMBER 2018) BUDGET REVIEW FOR 2018/2019

Author: Michael Livori Ref: AF18/12

Summary So that members can ensure that Eastern Health Authority (EHA) is operating

according to its adopted budget, financial performance is regularly monitored, and statutory budget reviews are considered.

In accordance with regulation 9 of the Local Government (Financial

Management) Regulations 2011,

(1) A council, council subsidiary or regional subsidiary must prepare and consider the following reports:

(a) at least twice, between 30 September and 31 May (both dates inclusive) in the relevant financial year (where at least 1 report must be considered before the consideration of the report under sub regulation (1)(b), and at least 1 report must be considered after consideration of the report under sub regulation (1)(b))—a report showing a revised forecast of its operating and capital investment activities for the relevant financial year compared with the estimates for those activities set out in the budget presented in a manner consistent with the note in the Model Financial Statements entitled Uniform Presentation of Finances;

(b) between 30 November and 15 March (both dates inclusive) in the relevant financial year—a report showing a revised forecast of each item shown in its budgeted financial statements for the relevant financial year compared with estimates set out in the budget presented in a manner consistent with the Model Financial Statements.

This report provides the first of the budget reviews required in accordance with regulation 9 (1) and relates to the financial performance of EHA between 1 July 2018 and 30 September 2018. It provides the opportunity to amend the adopted budget in line with revised projections of income and expenditure for the 2018/2019 financial year.

Report The report below gives a simple analysis of year to date income, expenditure and operating result.

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Attachment 2133


Actual Budgeted $ Variation % Variation

Total Income $ 1,062,111 $ 1,032,333 $ 29,778 3%

Total Expenditure $ 642,200 $ 619,972 $ 22,229 4%

Operating Result $ 419,911 $ 412,361 $ 7,550 3%

Eastern Health Authority - Financial Statement (Level 3) 1 July 2018 to 30 September 2018

The report shows that for the reporting period income was $29,778 (3%) more than budgeted and expenditure was $22,229 (4%) more than budgeted. The net result is a variation of $7,550 (3%) on the budgeted year to date comparative operating result. A more detailed report is provided as Attachment 1. The report provides detail on year to date performance of individual budget lines. Any variation greater than $5,000 is detailed in the table below with explanatory comments.

Summary Table of Funding Statement Variations

Favourable variances are shown in black and unfavourable variances are shown in green.

Description YTD Budget

YTD Actual

Variation Comment

Income

Non Funded Vaccines

$8,750 $32,288 $23,778 Increase in vaccines purchased at clinics High demand for Meningococcal B vaccine (Bexsero) Variation of $20K requested.

Meningococcal B study

$50,000 $59,644 $9,644 Income placed in provisions in 17/18. Variation of $10K requested to fund completion of program. Will be reflected in salary increase of $10K

Total of Income Variations

$30,000

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Attachment 3134


Requested

Description YTD Budget

YTD Actual

Variation Comment

Expenditure

Salaries and Wages

$387,028 $392,235 $5,207 Variation of $10K requested to fund completion of Meningococcal B study. Funds placed in provisions in 17/18.

Non Funded Vaccines

$6,253 $20,275 $14,022 Purchase of Meningococcal B vaccine offset by increase in vaccine income. Variation of $16K requested

Income Protection

$17,000 $21,058 $4,058 Increase based on salary expenditure. Variation of $4K requested.

Total of Expenditure Variations Requested

$30,000

Net Result of Variation Requested

$0

The first review for the financial year is also required to take into account any differences between the adopted financial statements for 2017/2018 and the audited financial statements for the previous year. Some elements of the adopted budget for 2017/2018 are based on the previous year’s budget as this is the most reliable data available at the time of compilation. It is requested that the variations resulting from the use of the audited financial statements for 2016/2017 are incorporated into a revised financial statement for 2017/2018. The variations do not alter the estimated budget result of $0 (breakeven). A summary of the variations requested within the Financial Statements are provided in the table which commences on the following page.

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Attachment 4135


Revised Statement of Comprehensive Income

Adopted Budget

Variation Revised Budget

Comment

Income

User Charges 306,500 20,000 326,500 Men B income (public clinics)

Grants, Subsidies 158,000 10,000 168,000 Men B study

Income

Total Income 2,403,513 30,000 2,433,513

Expenses

Employee Costs

1,666,000 10,000 1,676,000 Men B study

Material, contracts and other expenses

695,300 20,000 715,300 Men B vaccine costs (public

clinics)

Total Expenses 2,403,513 30,000 2,33,513

Revised Statement of Cash Flows

Adopted Budget


Comment

Net Increase (Decrease) In Cash Held

Cash and Cash Equivalents at Beginning of Reporting period

654,667 221,887 876,554

Audited Statements

and Operating Variations

Cash and Cash Equivalents at End of Reporting period

618,274 201,584 828,858

Audited Statements

and Operating Variations

Revised Statement of Financial Position

Adopted Budget


Comment

Current Assets

Cash and Cash Equivalents

618,274 210,584 828,858 Audited

Statements

Trade and other Receivables

129,625 (7,296) 122,329 Audited

statements

Total Current Assets

747,899 203,288 951,187

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Attachment 5136


Revised Statement of Financial Position (cont.)

Non-Current Assets

Adopted Budget


Comment

Equipment

387,628 (73,714) 313,914 Audited

statements

Total Non-Current Assets

387,628 (73,714) 313,914

Total Assets 387,628 -73,714 1,265,101

Current Liabilities

Trade and other Payables

138,358 59,022 197,380 Audited

statements

Provisions 305,844 19,577 325,421 Audited

statements

Total Current Liabilities

505,642 78,599 584,241

Non-Current Liabilities

Provisions

35,264 3,426 38,690 Audited

statements

Borrowings 253,695 (64,393) 189,302 Audited

statements

Total Non-Current Liabilities

288,959 (60,967) 227,992

Total Liabilities 794,601 17,632 812,233

Net Assets 340,926 111,942 452,868

Equity

Accumulated Surplus/(Deficit)

340,926 123,245 464,171 Audited

statements

Total Equity 340,926 123,245 464,171

Revised Statement of Change in Equity

Adopted Budget


Comment

Accumulated Surplus

Balance at Beginning of Period

340,926 123,245 464,171 Audited

statements

Balance at End of Period

340,926 123,245 464,171

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Attachment 6137


Included as Attachment 2 is a copy of the revised 2018/2019 Budgeted Statutory Financial Statements which include the: ▪ Statement of Comprehensive Income ▪ Revised Statement of Cash flows ▪ Revised Statement of Financial Position ▪ Revised Statement of Changes in Equity

A Bank Reconciliation and Available Funds report for the period ending 30 September 2018 is provided as Attachment 3. It shows that at 30 September 2018 available funds were $841,128 in comparison with $635,136 on 31 May 2018.

Pursuant to clause 25 (3) of Schedule 2 of the Local Government Act 1999, EHA must seek approval from its Constituent Councils before amending its budget. A written request for the approval of the amendments must be sent to all Constituent Councils which must be accompanied by the proposed amendments. If the Constituent Councils grant approval, then EHA may officially resolve to amend the budget and upon making that resolution, the amended budget will be effective. RECOMMENDATION

That:

1. The Finance Report and First (September 2018) Budget Review for

2018/2019 report be received.

2. Correspondence is forwarded to EHA’s Constituent Councils requesting that the amendments to the Budgeted Financial Statements as detailed in Attachment 2 are approved.

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Attachment 7138

Income Actual Budgeted $ Variation % Variation

Constituent Council IncomeCity of Burnside $ 222,249 $ 222,249 -$ 0%City of Campbelltown $ 201,927 $ 201,927 -$ 0%City of NPS $ 261,651 $ 261,651 -$ 0%City of Prospect $ 118,562 $ 118,562 -$ 0%Town of Walkerville $ 57,119 $ 57,119 -$ 0%Total Constituent Council Contributions $ 861,507 $ 861,507 -$ 0%

Statutory ChargesFood Inspection fees $ 27,964 $ 30,000 (2,037)$ -7%Legionella registration and Inspection $ 1,882 $ 3,000 (1,118)$ -37%Fines $ 15,054 $ 12,497 2,557$ 21%Total Statutory Charges $ 44,899 $ 45,497 (598)$ -1%

User ChargesImmunisation - non funded vaccines $ 32,528 $ 8,750 23,778$ 272%Immunisation - Worksites $ 859 $ 1,000 (141)$ -14%Food Auditing $ 15,738 $ 16,247 (509)$ -3%City of Unley $ 23,175 $ 23,125 50$ 0%Total User Charges $ 72,300 $ 49,122 23,178$ 47%

Grants, Subsidies, ContributionsMeningococcal B Vaccine Herd Immunity Study $ 59,644 $ 50,000 9,644$ 19%Child Immunisation register $ 18,570 $ 18,455 115$ 1%Total Grants, Subsidies, Contributions 78,214$ 68,455$ 9,760$ 14%

Investment IncomeInterest on investments $ 2,002 $ 3,000 (998)$ -33%Total Investment Income 2,002$ 3,000$ (998)$ -33%

Other IncomeMotor Vehicle re-imbursements $ 3,016 $ 3,000 16$ 1%Sundry Income $ 174 $ 1,753 (1,579)$ -90%Total Other Income 3,190$ 4,753$ (1,563)$ -33%

Total of non Constituent Council Income 200,605$ 170,827$ 29,778$ 17%

Total Income 1,062,111$ 1,032,333$ 29,778$ 3%


Item 6.1 Attachment 1

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Attachment 8139

Expenditure Actual Budgeted $ Variation % Variation

Employee CostsSalaries & Wages $ 392,235 $ 387,028 5,207$ 1%Superanuation $ 34,320 $ 36,503 1,820$ 5%Workers Compensation $ 4,118 $ 4,000 117$ 3%Total Employee Costs $ 430,672 $ 423,527 $ 7,145 2%

Prescribed ExpensesAuditing and Accounting $ 11,918 $ 10,000 1,918$ 19%Insurance $ 7,877 $ 7,629 247$ 3%Maintenance $ 10,417 $ 11,250 (834)$ -7%Vehicle Leasing/maintenance $ 20,546 $ 17,250 3,296$ 19%Total Prescribed Expenses $ 50,757 $ 46,129 $ 4,627 10%

Rent and Plant LeasingElectricity $ 2,555 $ 2,250 305$ 14%Plant Leasing Photocopier $ 871 $ 872 (1)$ 0%Rent $ 25,948 $ 25,828 120$ 1%Water $ 128 $ 75 53$ 71%Gas/Emergency Services Levy $ 724 $ 750 (26)$ -3%Total Rent and Plant Leasing $ 30,226 $ 29,775 $ 451 2%

IT Licensing and SupportIT Licences $ 28,312 $ 25,000 3,312$ 13%IT Support $ 5,986 $ 8,416 (2,430)$ -29%Internet $ 2,550 $ 2,503 47$ 2%IT Other $ 564 $ 497 67$ 14%Total IT Licensing and Support $ 37,412 $ 36,416 $ 996 3%

AdministrationAdministration Sundry $ 951 $ 1,750 (799)$ -46%Accreditation Fees $ 856 $ 750 106$ 14%Board of Management $ 1,949 $ 2,167 (218)$ -10%Bank Charges $ 1,314 $ 750 564$ 75%Public Health Sundry $ 1,011 $ 1,250 (239)$ -19%Fringe Benefits Tax $ 4,730 $ 5,000 (270)$ -5%Legal $ 1,788 $ 4,997 (3,210)$ -64%Printing & Stationery & Postage $ 2,774 $ 4,170 (1,396)$ -34%Telephone $ 5,832 $ 6,669 (837)$ -13%Work Health Safety & Injury Management $ 3,686 $ 4,000 (314)$ -8%Rodenticide $ 916 $ 497 419$ 84%Staff Amenities $ 851 $ 1,753 (902)$ -52%Staff Training $ 5,588 $ 5,503 85$ 2%Human Resource Sundry $ 2,708 $ 4,003 (1,295)$ -32%Total Administration $ 34,953 $ 43,259 $ (8,305) -19%



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Attachment 9140

Expenditure Actual Budgeted $ Variation % Variation

ImmunisationImmunisation SBP Consumables $ 1,376 $ 2,503 (1,127)$ -45%Immunisation clinic vaccines $ 20,276 $ 6,253 14,023$ 224%Immunisation worksite vaccines $ - $ - -$ 0%Total Immunisation $ 21,652 $ 8,756 $ 12,896 147%

Uniforms/Income protectionIncome Protection $ 21,059 $ 17,000 4,059$ 24%Total Uniforms/Income protection $ 21,059 $ 17,000 $ 4,059 24%

SamplingLegionella Testing $ 986 $ 750 236$ 32%Food Sampling $ - $ 253 (253)$ -100%Total Sampling $ 986 $ 1,003 $ (17) -2%

New InitiativesWebsite Upgrade $ - $ - -$ 0%Total New Initiatives $ - $ - -$ 0%

Total Materials, contracts and other expenses $ 197,044 $ 182,338 $ 14,706 8%

Depreciation $ 7,000 $ 7,000 $ - 0%

Finance Costs $ 7,484 $ 7,107 $ 378 5%

Total Operating Expenditure $ 642,200 $ 619,972 $ 22,229 4%

Total Operating Income $ 1,062,111 $ 1,032,333 $ 29,778 3%

Operating Result $ 419,911 $ 412,361 $ 7,550 2%



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Attachment 10141

ACTUAL

2017/2018ADOPTED BUDGET

2018/2019

SEPTEMBER

REVIEW

REVISED BUDGET

2018/2019

INCOME

1,680,870 Council Contributions 1,723,013 - 1,723,013150,594 Statutory Charges 185,000 - 185,000392,185 User Charges 306,500 20,000 326,500270,980 Grants, subsidies and contributions 158,000 10,000 168,000

12,923 Investment Income 12,000 - 12,00020,553 Other Income 19,000 - 19,000

2,528,105 TOTAL INCOME 2,403,513 30,000 2,433,513

EXPENSES

1,581,162 Employee Costs 1,666,000 10,000 1,676,000746,550 Materials, contracts and other expenses 695,300 20,000 715,300

15,827 Finance Charges 14,213 - 14,21346,014 Depreciation 28,000 28,000

2,389,553 TOTAL EXPENSES 2,403,513 30,000 2,433,513

138,552 Operating Surplus/(Deficit) - - -

138,552 Net Surplus/(Deficit) - - -

138,552 Total Comprehensive Income - - -

EASTERN HEALTH AUTHORITY STATEMENT OF COMPREHENSIVE INCOME

FOR THE YEAR ENDING 30 JUNE 2019


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Attachment 11142

ACTUAL


2018/2019

SEPTEMBER

REVIEW

REVISED BUDGET

2018/2019

CASHFLOWS FROM OPERATING ACTIVITIES

Receipts1,848,957 Council Contributions 1,723,013 - 1,723,013

150,594 Fees & other charges 185,000 - 185,000446,747 User Charges 306,500 27,296 333,796

12,923 Investment Receipts 12,000 - 12,000346,809 Grants utilised for operating purposes 158,000 10,000 168,000

12,506 Reimbursements 19,000 - 19,000Payments

(1,561,774) Employee costs (1,666,000) (9,577) (1,675,577)(965,710) Materials, contracts & other expenses (695,300) (39,022) (734,322)

(17,165) Interest Expense (14,213) . (14,213)

273,887 Net Cash Provided/(Used) by Operating Activities 28,000 (11,303) 16,697

CASH FLOWS FROM FINANCING ACTIVITIES

- Loans Received - - -(61,440) Loan Repayments (64,393) - (64,393)

(61,440) Net Cash Provided/(Used) by Financing Activities (64,393) - (64,393)

CASH FLOWS FROM INVESTING ACTIVITIES

ReceiptsSale of Replaced Assets - - -

Payments -Expenditure on renewal / replacements of assets - - -

- Expenditure on new / upgraded assets - - -- Distributions paid to constituent Councils - - -

- Net Cash Provided/(Used) by Investing Activities - - -

212,447 NET INCREASE (DECREASE) IN CASH HELD (36,393) (11,303) (47,696)

664,107CASH AND CASH EQUIVALENTS AT BEGINNING OF

REPORTING PERIOD654,667 221,887 876,554

876,554CASH AND CASH EQUIVALENTS AT END OF

REPORTING PERIOD618,274 210,584 828,858

EASTERN HEALTH AUTHORITY STATEMENT OF CASH FLOWS



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Attachment 12143

ACTUAL


2018/2019

SEPTEMBER

REVIEW

REVISED BUDGET

2018/2019

CURRENT ASSETS

876,554 Cash and Cash Equivalents 618,274 210,584 828,858122,329 Trade & Other Receivables 129,625 (7,296) 122,329

998,883 TOTAL CURRENT ASSETS 747,899 203,288 951,187

NON-CURRENT ASSETS

341,914 Equipment 387,628 (73,714) 313,914

341,914 TOTAL NON-CURRENT ASSETS 387,628 (73,714) 313,914

1,340,797 TOTAL ASSETS 1,135,527 129,574 1,265,101

CURRENT LIABILITIES

197,380 Trade & Other Payables 138,358 59,022 197,380325,421 Provisions 305,844 19,577 325,421

64,393 Borrowings 61,440 61,440

587,194 TOTAL CURRENT LIABILITIES 505,642 78,599 584,241

NON-CURRENT LIABILITIES

38,690 Provisions 35,264 3,426 38,690250,742 Borrowings 253,695 (64,393) 189,302

289,432 TOTAL NON-CURRENT LIABILITIES 288,959 (60,967) 227,992

876,626 TOTAL LIABILITIES 794,601 17,632 812,233

411,689 NET CURRENT ASSETS/(CURRENT LIABILITIES) 242,257 124,689 366,946

464,171 NET ASSETS 340,926 111,942 452,868

EQUITY

464,171 Accumulated Surplus/(Deficit) 340,926 123,245 464,171

464,171 TOTAL EQUITY 340,926 123,245 464,171

ACTUAL


2018/2019

SEPTEMBER

REVIEW

REVISED BUDGET

2018/2019

ACCUMULATED SURPLUS

325,619 Balance at beginning of period 340,926 123,245 464,171138,552 Net Surplus/(Deficit) - - -

- Distribution to Constituent Councils - - -

464,171 BALANCE AT END OF PERIOD 340,926 123,245 464,171


EASTERN HEALTH AUTHORITY STATEMENT OF FINANCIAL POSITION


EASTERN HEALTH AUTHORITY STATEMENT OF CHANGES IN EQUITY


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Attachment 13144

Balance as per Bank Statement 30 September 2018 $79,326.49

Plus Outstanding cheques -$

Add Outstanding deposits 2,076.40$

BALANCE PER General Ledger $81,402.89

GST Collected $92,099.93GST Paid $19,098.43

$73,001.50

Account 30-Sep-18 31-May-18 Variance

Bank SA Cheque Account 79,326$ 358,688$ -$279,361.48

Local Government Finance Authority 1,220,248$ 632,922$ 587,326$

Net GST Claimable (Payable) -$73,001.50 -$21,584.17 -$51,417.33

Long Service Leave Provision -$222,766.03 -$209,343.53 -$13,422.50

Annual Leave Provision -$162,678.35 -$125,545.63 -$37,132.72

TOTAL FUNDS AVAILABLE 841,128$ 635,136$ 205,992$

Funds Available September 2018

Eastern Health Authority Bank Reconciliation as at 30 September 2018

Bank SA Account No. 141/0532306840

GST July - September 2018

Net GST Claimable (Payable)


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Attachment 14145

Item 14.9: Voluntary Membership of Council Members to Prospect Arts Action Network (PAAN) and City Wide Public Art Roundtable (CWPAR)



DIRECTOR: Nathan Cunningham, Director Community & Planning

REPORT AUTHOR: Merran Fyfe, Manager Arts & Events

SUBJECT: Voluntary Membership of Council Members to Prospect Arts Action Network (PAAN) and City Wide Public Art Roundtable (CWPAR)


The Prospect Arts Action Network (PAAN) previously known as the Gallery Advisory Groups (GAG) began informally in the early 1980’s as part of Prospect’s rich history with Art. In 2015, GAG undertook a process to review its role and purpose and determined a new name would better reflect its objectives, opportunities and principles.

At this time the Terms of Reference (Attachment 1-7) was updated and PAAN continues to play a pivotal role in guiding arts in our community and the Prospect Gallery program.

Council endorsed the City Wide Public Art Roundtable (CWPAR, previously known as City Wide Public Art Advisory Board, CWPAAB) on 10 November 2010. Its original purpose was to oversee and guide the development of public art across the City and assist in the planning, development and placement of public art. A variety of small and medium scale commissions have been placed around the City as a result of the work of CWPAR which has brought art experiences to the community.

The CWPAR was also reviewed in 2015 and the Terms of Reference (Attachment 8-9) were updated to guide the membership and the work of the roundtable.

The opportunity exists for Council Members to join either of the two (2) groups on a voluntary and non-remunerated membership basis under the relevant Terms of Reference requirements. This is consistent with the previous Council Members voluntary positions in both groups ceasing at the end of the previous Council term.

PAAN’s Terms of Reference outlines that members may include local artists, residents and / or Council Members (See 4.1-4.6 in Attachment 1-7). In 2018 the members included; eight members of the community, Cr Allen Harris, Cr Kristina Barnett and two (2) council staff (Manager Arts and Events, Gallery and Public Art Coordinator).

CWPAR’s Terms of Reference outlines that members may include local artists, residents and / or Elected Members (See 2.1 in Attachment 8-9). In 2018 this included five members of the community, Mayor David O’Loughlin, Cr Alison DeBacker and two (2) council staff (Manager Arts and Events, Gallery and Public Art Coordinator).


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The recommendation of this report continues to facilitate Council Member involvement in both of these groups; noting this involvement is optional.

2. RECOMMENDATION

(1) Council having considered Item 14.9 Voluntary Membership of Council Members to Prospect Arts Action Network (PAAN) and City Wide Public Art Roundtable (CWPAR) receive and note the report.

(2) That Cr _____________ and Cr ______________ be appointed as members of the Prospect Arts Action Network (PAAN) for duration of their term of Council.

(3) That Cr _____________ and Cr ______________ be appointed as members of the City Wide Public Art Roundtable for duration of their term of Council.


• Prospect Arts Action Network Terms of Reference

• City Wide Public Art Roundtable Terms of Reference


Strategy 2.2 Loved parks and places Working together but with a distinct and specific aims and purposes, members of PAAN and CWPAR will support and provide advice that facilitates and drives great opportunities for the arts and artists in Prospect, both for the Gallery and in open and public spaces.



4. REGIONAL IMPACT

Not applicable.


147



No community involvement is undertaken in relation to providing Council Member opportunities to participate in these art groups.

6. DISCUSSION

City of Prospect has a rich cultural legacy. Since the 1970’s Prospect has supported a strong local arts sector through the Prospect Gallery exhibition program and small and large and community led public art projects.

To enable this, Council invited people with skills and experience from the community to create advisory groups to provide advice and comment. The advice resulting from these groups is taken into consideration and informs the decision making process for the development and implementation of the annual Gallery exhibition program as well as public art commissions and initiatives.

PAAN and CWPAR have individual Terms of Reference and in the case of both groups, neither currently include the requirement to appoint Council Members to its membership. It is acknowledged that this has occurred in the past and is considered by each groups as valuable memberships.

Maintaining a two advisory group approach with clear Terms of Reference and annual program plans for both Gallery exhibitions and public art outcomes has ensured that the advice received will inform the good management of the Prospect Gallery and Council’s Public Art Program. The revised Terms of Reference for both groups in 2015 provided robust discussions and point of views, leading to the programs being responsive to the expectations of the community and local artists to deliver on Council’s Strategic Plan to 2020.

This report provides the opportunity for up to 2 Council Members to sit on either of the two (2) Art groups.


Both groups operate in accordance with relevant annual budget allocations and the addition of Council Members to the membership does not impact of financial or resource allocations.


The recommendation of this report continues to facilitate Council Member involvement in both of these groups; noting this involvement is optional.

ATTACHMENTS

Attachments 1-7: Prospect Arts Action Network Terms of Reference

Attachments 8-9: City Wide Public Art Roundtable Terms of Reference


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CR15/15583

City of Prospect Gallery

Prospect Arts Action Network

Terms of Reference (adopted 23 May 2017)

Definitions

‘Council’ refers to City of Prospect.

‘Gallery’ refers to Prospect Gallery

‘PAAN’ refers to the Prospect Arts Action Network of the Prospect Gallery which is the subject of these Terms of Reference.

‘Gallery Coordinator’ refers to the Council staff person responsible for the effective and efficient running of the Gallery and its programs and is responsible to the Manager Arts Gallery and Events.

‘Manager’ refers to the Manager Arts, Gallery and Events to whom the Gallery Coordinator reports.

‘Advice’ refers to views (both individual and collective) provided to the Gallery Coordinator and the Manager Arts, Gallery and Events. The receipt of advice from the Prospect Arts Action Network (PAAN) does not imply a directive to the Gallery Coordinator or the Manager to act upon that advice, but rather take into high consideration such advice when acting or implementing.

‘Consultation’ and ‘consult’ refers to the process by which advice and comment is sought. The process of consultation, or its findings, does not imply a commitment from Council to act upon that advice or comment but rather take it into important consideration.

‘Consensus’ refers to general agreement or accord resulting from an open exchange of opinions and discussion where the group agrees and consents that the advice developed and offered is to be respected.

Preamble

City of Prospect has a long tradition of community activities and events for the enjoyment of local residents, engagement of local businesses and to foster community pride and City creativity. It is regarded as a leader in community engagement and development through innovative and creative events and activities.

The City famously embraces its community, its history, and the creativity of its people. It offers a welcoming and vibrant atmosphere that is demonstrated through an annual program of arts, events and festivals that are eagerly anticipated and where the whole City comes to celebrate.

In 2014/15 the Gallery Advisory Group reviewed their role, name and objectives and it was during this process that the GAG became the Prospect Arts Action Network to more accurately reflect:

that the group is an action based network, actively developing new gallery initiatives;

the changing expectations of contemporary artists and the community;

people of all ages and backgrounds;

its aim to connect people with the arts and enhance their creative experiences;

a creative and vibrant artistic buzz;

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Attachment 1 149

CR15/15583

high levels of participation;

an ability to respond to artistic opportunities of any genre;

a wide range of art activities available at various times; and

a socially responsive and supportive network for our creative community.

Council Vision

People, Place, Prosperity – Great Prospects

PEOPLE – Know, Empower, Celebrate, Educate and Activate our Community

PLACE – Loved Heritage, Leafy Streets, Fabulous Places

PROSPERITY – More Jobs, More Investment, More Activity, More Vibrancy

PAAN is acknowledged as playing an important role in assisting Council to meet its Strategic Plan aims.

History

The original Gallery Advisory Group was recognised in item 3.3.3 (3) of the Council Policy Manual, March 2007.

‘A Prospect Gallery Advisory Group comprising the Mayor, three (3) members of Council, four (4) members of the Friends of the Prospect Gallery and the current Artist In Residence will assist the Community Arts Manager in implementing Gallery policy and programs.’

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CR15/15583

1 Purpose

1.1 PAAN is an advisory group and not a decision making group for the purpose of supporting the management, functions and programs of the Prospect Gallery.

1.2 PAAN in support of the Prospect Gallery and its programs, is one of the ways that community members can become practically involved in community arts initiatives and provide ideas and community representative advice on the ongoing operation of the Prospect Gallery as well as practical assistance to the Gallery Coordinator.

1.3 Membership of PAAN is voluntary and as such is not remunerated.

1.4 The practical assistance provided by PAAN will include assisting staff with the functions of the Gallery by:

advocating for the benefit of (local) artists and communities as part of Gallery initiatives;

attending PAAN meeting and consultations;

actively supporting Gallery events and activities;

providing community arts feedback on Gallery operations; and

encouraging community arts access and diversity within Gallery programs and initiatives.

1.5 PAAN will act as informed advocates for the positive promotion of the Gallery and its programs.

1.6 PAAN members will be provided with opportunities to gain skills and knowledge that encourages the development of community arts leaders.

1.7 PAAN is an opportunity to discuss relevant Gallery issues with other members of PAAN and Gallery staff, and to provide advice and support to staff for how the Gallery may respond to those issues.

1.8 PAAN will endeavour to represent to the Gallery, a cross section of the Prospect arts community.

1.9 PAAN members will show a commitment to cultural diversity and practically assist staff to work towards the Gallery being inclusive for all the community regardless of race, gender, age, sexual orientation, cultural values and abilities.

1.10 PAAN is one of the ways that Council staff may consult with community arts practitioners in the development of programs and initiatives for the Gallery.

1.11 All of the members of PAAN are registered Council Volunteers whose role is specific to that defined within these Terms of Reference.

2 Prospect Arts Action Network will:

2.1 Provide positive promotion of the Gallery and its programs to other user groups within the community, including workshops and school groups.

2.2 Maintain a commitment to a positive, mutually beneficial working relationship between PAAN and the Gallery Coordinator and Council’s Elected Members and staff.

2.3 Attend and participate at a minimum of six (6) meetings (per calendar year) of PAAN, as arranged by the Gallery Coordinator or Manager.

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Attachment 3 151

CR15/15583

2.4 Attend and support Gallery Exhibition launches a minimum of four (4) times per year and be available in the Gallery when possible to support and value‐add to the visitor/viewer experience.

2.5 Active involvement in the development of annual Gallery exhibitions and programs

2.6 Active involvement and contribution to Projects initiated by Prospect Arts Action Network.

2.7 Active involvement in the development of an Artist in Residence program when offered.

2.8 Active involvement in the marketing and distribution of information promoting Gallery exhibitions, new initiatives and programs;

2.9 Receive, review and provide advice regarding applications for the annual Gallery exhibition program, new initiatives and bi‐annual exhibitions such as the Community Show.

2.10 Participate on Gallery selection and award panels as available.

2.11 Provide positive promotion of the Gallery to other groups within the community, including school groups.

2.12 Perform all duties with due regard to these Terms of Reference.

2.13 PAAN will review its membership on an as needs basis to ensure appropriate cross arts and community representation.

3 PAAN Responsibilities of the Gallery Coordinator

3.1 The Gallery Coordinator will act as Executive Officer of PAAN.

3.2 The Gallery Coordinator is responsible to the Manager Arts, Gallery and Events.

3.3 This Executive Officer position shall:

attend, arrange and give notice of meetings, prepare reports and outline, keep notes and perform PAAN related administrative duties as they relate to Gallery Exhibitions and programs;

liaise with Council staff in addressing issues and questions relating to PAAN;

organise orientation activities for new PAAN members as required;

provide a link between PAAN and relevant external organisations and the local community;

cancel meetings if required in consultation with the Manager Arts, Gallery and Events;

maintain a database of PAAN members, artists, community and arts organisations with accurate contact details;

keep statistics and report back to PAAN and Council as required;

ensure that relevant recommendations and advice received from PAAN is recorded; and communicated to Manager Gallery Arts and Events.

provide monthly reports to the Manager Arts, Gallery and Events outlining the activities of the Gallery program and PAAN.

3.4 If the Executive Officer is unable to attend a meeting or event, the Manager Arts, Gallery and Events will appoint a replacement to undertake the required tasks in their absence.

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CR15/15583

4 PAAN Membership

4.1 PAAN Membership numbers are not fixed. Membership will consist of members of the local and arts community plus the current Artist in Resident (AIR) incumbent when relevant. PAAN membership may include local artists, residents and /or Elected Members.

4.2 Membership will not be based on representation of a specific organisation or interest group.

4.3 PAAN membership will be sought on the basis of clear arts and community interest and understanding as well as a demonstrated skills and commitment to the positive development and profile of the Prospect Gallery and its programs.

4.4 The majority of PAAN members will be local practising artists.

4.5 A balanced representation will be sought that reflects the cultural diversity present within the City of Prospect including the newer and older residents of the area.

4.6 In response to reviews of PAAN membership, the Gallery will call for expression of interests to join PAAN through appropriate means. PAAN may nominate individuals who have demonstrated an interest in and / or a commitment to the operations of the Gallery for consideration.

5 Advisory Process

5.1 PAAN shall reach its advice by consensus.

6 Conflict of Interest

6.1 PAAN members will declare any conflict of interest when advising on proposals / projects that they are a beneficiary of and as such, will exclude themselves from any discussion or advice relating to said proposal or project.

7 Unresolved Issues

7.1 If PAAN finds that an issue cannot be resolved within the Terms of Reference, the matter will be referred to the Manager Arts, Gallery and Events.

8 Procedures

8.1 PAAN will meet a minimum six (6) times per calendar year.

8.2 Meetings will normally be held monthly at the Thomas Street Centre. Alternative locations and additional meetings can be called, or a monthly meeting cancelled if required.

8.3 Meetings will be called by the Gallery Coordinator, as Executive Officer or Manager.

8.4 Meetings will be chaired by the Manager, Arts Gallery and Events or nominee.

8.5 PAAN will communicate and participate in meetings in a manner that is sensitive to the needs of others.

8.6 PAAN will strive to achieve effective and time managed meetings.

8.7 If it is decided by consensus that a member of PAAN has acted in any way that is contrary to these Terms of Reference or acts in a way that purports the Gallery in a negative way; that person will no longer be a member of PAAN or able to participate in meetings or initiatives in any capacity as a PAAN member.

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8.8 Council, through the Manager, Arts Gallery and Events and in consultation with PAAN; reserves the right to change, at any time, the content of these Terms of Reference or any of the functioning and purpose or membership of PAAN.

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Attachment 6 154

7

Members the Prospect Arts Action Network

2015 2016 2017 2018 2019 2020 2021 2022 2023 2024

Mayor David O’Loughlin, Cr Mark Standon, Cathy Brooks, Katie Harten, Youngsoon Jin Peter Lindon Joanna MajchrowskaLeo Neuhofer, Jani Posthumus, Bianca Smith Gallery Coordinator Emma Fry Manager Carolyn Ramsey

Mayor David O’Loughlin, Cr Mark Standon, Cathy Brooks, Katie Harten, Youngsoon Jin Peter Lindon Joanna Majchrowska Jani Posthumus, Bianca Smith Gallery Coordinator Emma Fry Manager Carolyn Ramsey

Mayor David O’Loughlin, Cr Mark Standon, Cathy Brooks, Katie Harten,Youngsoon Jin Peter Lindon Joanna MajchrowskaJani Posthumus, Bianca Smith Gallery Coordinator Emma Fry Manager Carolyn Ramsey

Attach

ment

Attachment 7 155

City of Prospect: City Wide Public Art Roundtable Terms of Reference Page 1 of 2 Adopted by Council 23 May 2017

City of Prospect City Wide Public Art Roundtable

Terms of Reference

1. Objective

People, Place, Prosperity – Great Prospects

PEOPLE – Know, Empower, Celebrate, Educate and Activate our Community

PLACE – Loved Heritage, Leafy Streets, Fabulous Places

PROSPERITY – More Jobs, More Investment, More Activity, More Vibrancy

1.1. On 10 November 2010, The City Wide Public Art Advisory Board was endorsed by Council, and compromised of skilled and highly motivated people.

1.2. The newly named and City Wide Public Art Roundtable’s Term of Reference continues “To assist Council by providing advice and oversee and guide the development and placement of public art throughout our City”

2. Membership

2.1. The Roundtable invites people to the membership who will have relevant and /or significant demonstrated experience in one or some of the following areas;

2.1.1. public and/or community art practice

2.1.2. public art policy, urban planning/design

2.1.3. national or international art perspectives

2.1.4. local community/business connections

2.1.5. Membership may consist of: Elected Members representatives from the Prospect Arts Action Network (PAAN)

2.1.6. Arts South Australia representatives

2.1.7. local practising artists

2.1.8. community and /or businesses representatives

3. The Role

3.1. The Role of the City Wide Public Art Roundtable is to:

3.1.1. oversee and guide the development of a City Wide public art program;

3.1.2. provide sound and informed advice on the development of the program;

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Attachment 8 156

City of Prospect: City Wide Public Art Roundtable Terms of Reference Page 2 of 2 Adopted by Council 23 May 2017

3.1.3. provide local guidance and aesthetic advice on public art opportunities within City of Prospect boundaries;

3.1.4. advise on and assess public art Project Briefs and submissions;

3.1.5. provide advice regarding a range of public art initiatives for Council consideration;

3.1.6. monitor the progress of public art within the City of Prospect; and

3.1.7. advocate for and support quality public art outcomes within the City of Prospect.

3.2. The positions will be appointed as voluntary. The Roundtable will be reviewed for each term of Council, which expires November 2018.

3.3. The Roundtable will be convened by the Director Community & Planning, City of Prospect or nominee, Manager Arts, Gallery and Events.

4. Meetings

4.1. The Roundtable will meet at least quarterly and will provide to Council an annual public art plan as part of the annual budget process.

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Item 16.1: Eastern Waste Management Authority



DIRECTOR: Cate Hart, Chief Executive Officer

REPORT AUTHOR: Cate Hart, Chief Executive Officer

SUBJECT: Eastern Waste Management Authority


The Eastern Waste Management Authority is a Regional Subsidiary of Council established pursuant to Section 43 of the Local Government Act 1999 and formed in partnership with City of Prospect, Adelaide Hills Council, City of Burnside, City of Campbelltown, City of Mitcham, City of Norwood, Payneham & St Peters and Town of Walkerville.

The Authority is administered by a Board in accordance with the requirement of the Local Government Act, the Authority’s Charter, and various policies and codes.

The Authority’s primary purpose is to provide effective waste collection services for its Member Councils. The exact nature of the waste collection services are determined independently by each Council to meet the needs of their respective communities.

2. RECOMMENDATION

(1) Council having considered Item 16.1 Eastern Waste Management Authority receive and note the report.



• Eastern Waste Management Authority Charter.


Strategy 4.3 Responsible Waste Management The appointment of East Waste as a service provider for responsible waste management has met this strategy.


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The appointment of East Waste as a service provider ensures innovation is a key element in the delivery of waste services to the community.


4. REGIONAL IMPACT

East Waste is a Regional Subsidiary of Council formed in partnership with Adelaide Hills Council, City of Burnside, City of Campbelltown, City of Mitcham, City of Norwood, Payneham & St Peters and Town of Walkerville. Its operations serve the communities of all member Councils.


There has not been any community involvement in the preparation of this report.

6. DISCUSSION

The Eastern Waste Management Authority is administered by a Board in accordance with the requirement of the Local Government Act, the Authority’s Charter, and various policies and codes. The membership of the Board comprises seven directors – one director appointed by each of the Member Councils, and one independent person who acts as Chair. The Board appoints a General Manager who is responsible for implementing the decisions made by the Board, and running the day-to-day operations of the Authority.

East Waste is the trading name of the Eastern Waste Management Authority.

In October 2017, City of Prospect became a member of East Waste for the provision of Councils waste collection services.

Given this is one of the most significant services provided by Council to its community, the Chief Executive Officer was appointed as a Director to the Board of Management and the Director Infrastructure & Environment as Deputy Director for a two year period in accordance with the Charter.


East Waste is a non-profit local government subsidiary, currently consisting of seven Member Councils.


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The funding projected for the waste services to be provided by East Waste has been included in the recurrent budget of the Annual Business Plan. In addition the equity loan payable by City of Prospect is expected to be paid on a pro rata basis and is also factored in the recurrent budget for 2018-2019 and ensuing years.

East Waste shares are allocated on a formula basis. This same formula is utilised for allocating costs of providing the waste service. This includes items such as number of bin collections and travel time to the district.

Based on comparisons to all member Councils, City of Prospect’s allocation is 6.02%.


Council receive and note the information report on the Eastern Waste Management Authority.

ATTACHMENTS

Nil.


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Item 16.2: Strategic Plan to 2020 Information Report – July to October 2018

AGENDA ITEM NO.: 16.2 TO: Council on 27 November 2018 DIRECTOR: Cate Hart, Chief Executive Officer REPORT AUTHOR: Cate Hart, Chief Executive Officer SUBJECT: Strategic Plan to 2020 Information Report – July to October 2018


City of Prospect is committed to the delivery of services and initiatives that benefit all our residents and visitors both now and into the future. This report is provided to enable Council Members to monitor progression of the activities undertaken to satisfy the objectives of our strategic directions throughout the current business plan period as stated within the Strategic Plan to 2020.

Generally the information includes a description of the actions completed or in progress and the results or effect of an activity, to understand community expectations and measure our performance.

2. RECOMMENDATION

(1) Council having considered Item 16.2 Strategic Plan to 2020 Information Report – July to October 2018, receives and notes the Report.









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Item 16.2: Strategic Plan to 2020 Information Report – July to October 2018

4. REGIONAL IMPACT

A number of the actions identified within the Strategic Plan to 2020 directly respond to the Council desire to work effectively across the region.



6. DISCUSSION

Council has been informed of the actions completed towards achievement of the Strategic Plan through this quarterly information report.

If clarification is required on any of the information provided, please contact the relevant Director.


Achievement of Council’s Strategic Plan is determined within Council’s Annual Business Planning Process, which includes the Annual Budget, Long Term Financial Plan, Infrastructure and Asset Management Plan and Rating Strategy.


The Information Report is provided to ensure Council Members are supported in their understanding of the progression of the strategic goals, to inform the community and benefit the decision making process when delivering on expectations.

ATTACHMENTS

Attachments 1-21: Strategic Plan to 2020 Information Report – July to October 2018


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PEOPLE KNOW, EMPOWER, CELEBRATE, EDUCATE AND ACTIVATE OUR COMMUNITY

STRATEGY 1.1 Know our community OUTCOME 1.1.1 A community connected with others TARGETS • Year on year increase in proportion of residents who regularly engage with 5 or more neighbouring

households • Increase in social connectivity within the city through engagement in community activities.

ACTIONS • Prospect Community Support have continued to provide a varied range of social activities and Home

support services funded by the Commonwealth Home Support Program (CHSP) for residents aged 65 years and over and from the State Government Home & Community Care (HACC) program for residents under 65 years on a Disability Support Pension. Social programs and activities help to connect residents with each other and the wider community, countering the negative health effects of social isolation. Activities and programs throughout this period have included a variety of weekly Friendship groups and exercise programs, as well as monthly Community Lunches and bus trips to the Central Market, Monarto Zoo and other locations outside the metropolitan area. Approximately 171 participants attended individual social sessions from July to October 2018.

• Local Supported Residential Facility (SRF) residents enjoyed a fun Halloween themed event arranged in cooperation with Eastern Region Councils. The evening was attended by 200 people across the region, including 20 people from the two SRF properties in Prospect. SRFs provide accommodation and 24/7 individual support and services for people with disabilities and mental health disorders.

• Prospect Community Choir - A small article within the previous issue of Prospect Magazine invited community interest for the establishment of a Prospect Community Choir. The advert appeared to “strike a chord” with such a strong response from 42 residents. The first choir gathering occurred on Tuesday 6 November with its success expressed by two participants who took the time to email staff to thank Council for the opportunity and describe how much they enjoyed this new community program.

• Australia Day Citizen of the Year – Nominations are now open for Prospect’s 2019 – Citizen of the Year, Young Citizen of the Year and Community Event of the Year with an advertisement within the local newspaper, signage located at key locations across the City and correspondence with local community groups and sporting clubs. Nominations closed Friday, 16 November 2018 These awards recognise the outstanding contributions made by our residents who demonstrate strong leadership skills and commitment to improve community life in Prospect over and above their normal employment duties. Outstanding contribution and community service in an area that contributes to the advancement and wellbeing of our community. The awards recognise people in three categories:

- Citizen of the Year Award - To be eligible, the person must be an Australian Citizen - Young Citizen of the Year Award - To be eligible, the person must be an Australian Citizen under

30 years of age on January 26 of the year of award - Community Event of the Year Award - This award is presented to the person/group who has

staged the most outstanding community event during the past year. • Club 5082 and Town Hall - This period saw significant activity in the Town Hall Venue including eight

Club5082 shows targeting our broad adult audience plus two specific youth music intensive sessions (discussed in 1.4.1). Further programming included two OOTS programs for a family audience occurred including Magic Mike (the magician) and the Scientific Bubble Show. Great diversity across our programming has seen many shows sell out.

Strategic Plan to 2020 Information Report: July to October 2018 Page 1

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• Prospect Spring Fair - With record numbers in many areas of this cornerstone event, the 2018 Fair saw an increase in stall holders of over 50%, and increase in attendances of over 15% to 7000 visitors across the day. A range of local businesses and community groups engaged with the Fair as an avenue to access new members, highlight their offerings, diversify revenue and create new connections.

OUTCOME 1.1.2 A community which is understood by Council who is able to respond to their needs

TARGETS • Year on year increase on the benchmark of 75% Resident Satisfaction Survey result relating to the

range of programs, activities and initiatives offered by Council. • 60% satisfaction rating in consultation methods from the Resident Satisfaction Survey (up from 43% in

2015).

ACTIONS • Drop-in Information Sessions have been conducted on two occasions to provide residents with a clear

understanding of progress towards construction of the new CLIC facility and also provided an opportunity to meet the design team and key Council staff. The first Session was undertaken on 11 August 2018 at Prospect Town Hall and more recently at Prospect Fair.

• Prospect Fair - The Fair provided an excellent opportunity to canvass residents opinions and perspectives on a range of matters before Council; including suggestions for the naming of the new CLIC facility, dual-naming (Indigenous) of Prospect and Broadview Ovals, the review of Council’s Animal Management Plan and the potential for a 40km/h speed limit throughout City of Prospect.

• Community Consultation and Engagement Policy - A review of Council’s Policy has captured community input through an online Survey (hard copies were available from Thomas Street Centre and Customer Service Desk at Prospect Town Hall) and a meeting with Prospect Residents Association. A report on findings from the survey with a final Policy for adoption is scheduled for Council’s January 2019 meeting.

• Prospect 1838 Estate - Naming of streets and reserves was required for the new subdivision. Through the consultation process in July, Council received three online submissions with one of the three comments quite positive; “We love and support the council choice of Kaurna names for this area of Prospect / Payinthi development. We congratulate the developers, the language specialists and council for doing the right consultations …this enriches the cultural landscape for all to enjoy …Adopt these names”.

OUTCOME 1.1.3 A strong community network linked to local community organisations

TARGETS • Contact details and descriptions of services detailed on SA Directory of Community Services for all of

the clubs, community groups and agencies located and working within City of Prospect are current and up to date.

• Yearly increase in the number of local organisations liaising with council to provide initiatives for community participation.


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Attachment 2 164

ACTIONS • Staff and Volunteers from Connecting Up (SA Directory of Community Services - SACommunity database)

attended the Prospect Spring Fair to engage and connect with local groups and to promote an awareness of the database. Stall holders were left with a flier and the chance to talk to someone in person about how they can better promote their organisation and their activities on the database. Volunteers are also meeting with local groups to prepare blogs on their website; therefore promoting local activities and services.

• Applications to Council’s Community Support Fund opened 16 July and closed 14 September 2018. 18 applications requesting a total of $35,584.30 from a budget of $28,000 was allocated over the following areas: $2,250.00 for small equipment purchases, $7,000 for facilities improvement, $12,325.00 for community development programs and projects, $4,600 for 3 local community events, and $1912.00 for an environmental initiative in a local school. Each year these small allocations contribute to significant investment and support our community.

• Council’s Cultural Festival and Event Grants received 5 applications of which one was ineligible. A total of $29,000 was granted to support the community groups to run 4 relatively significant community events for the coming 2018/2019 event period. These events are free to the community and are welcoming and engaging, targeting various sectors in our community. The investment from Council represents great value in facilitating outcomes which would cost the Council much more. This highlights the benefits of the community empowerment model being embraced.

• 32 volunteers assisted the Events team at the Prospect Fair in roles ranging from traffic control, welcoming committee, information stall, community bus shuttle, trader liaison, men’s shed and volunteers who surveyed the fair goers.

(Photos of the pre-event volunteer information briefing and debrief / thank you event)

• NDIS (National Disability Insurance Scheme) - Pop-up Information sessions have been arranged for local residents to attend at the Thomas Street Centre and Nailsworth Community Hall, providing up to date information for how to make the best use of the new NDIS scheme.

• Red Cross partnered with Council to provide workshops for residents to learn how to prepare for personal emergencies such as a fall in the home or an unexpected hospital stay that can cause significant disruption. Two sessions were held in August 2018 for 30 residents.

• Aboriginal Community Connect - on 7 August 2018 staff attended the launch of Aboriginal Community Connect’s new coffee van “Jedda” which will be available for hire at community events and functions (right photo).

• Prospect Centre - On 31 October 2018, a small group of students from Prospect Centre visited Thomas Street Centre to learn more about the services provided by Council and the current city-wide projects.

• Muslim community - staff visited the Islamic Arabic Centre and Al Khalil Mosque on 30 August 2018 to learn more about the Muslim community in City of Prospect and how we can work together to support them, as well as explore some of the ways to improving social cohesion and breaking down various misconceptions and misunderstandings about Muslim culture.


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• Prospect Community Support has continued to provide advice and support for older residents with navigating, understanding and accessing home support services and social engagement through My Aged Care. Community Support staff work in conjunction with Town of Walkerville with one on one assistance for residents and their carers or families who attend Walkerville’s monthly My Aged Care drop-in sessions.

• 30 Years of Prospect Gallery / Mayors Dinner - In August, Mayor O'Loughlin held an event with the elected members, staff and key community members to thank them for their efforts and contribution to the City and to celebrate 30 years of Prospect Gallery. Guests glammed up for an 80’s themed night, recognising that the Gallery was opened in 1988.

STRATEGY 1.2 Environmentally active, sustainably focused OUTCOME 1.2.1 Community learning focused on environmental impacts and issues

TARGET • Number of community learning opportunities focused on environmental issues provided and number

of participants.

ACTIONS • Environmental Action Plan - community consultation included a total of 136 online survey responses and

1 hardcopy survey; community stakeholder group workshop held in March 2018 with 10 people in attendance and; plan endorsed by Council in May 2018.

• Bike Friendly Public Community Forum held in September 2018 with 6 presenters and 35 people in attendance.

OUTCOME 1.2.2 Council activities and Community events are supported by a no waste approach

TARGET • A zero (0) waste to landfill outcome at events.

ACTIONS • Prospect Community Support social programs continue to utilize crockery, cutlery and consumable

beverage supplies that do not create or generate paper wastage or recycling products. • Introduction of Follow-Me Printing - Follow-Me printing is being introduced at every City of Prospect

site. This service allows staff to print their documents at any site by swiping their security card to release their print job. Staff will also be able to scan documents and have them sent to their email address by swiping their security card. The introduction of this service will further assist in reducing printing.

• Prospect Spring Fair - This was again a Zero Waste event with utilisation of Australian Green Clean to process and manage the waste for the event including public, stall holder and wider event waste. This saw comprehensive bin stations, and all general waste being transported off site post event for alternate use rather than landfill. The Tread Lightly theme of the 2018 event established strong environmental focus that was featured in public marketing, stall holder correspondence and subtly throughout the event.


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OUTCOME 1.2.3 Community environmental initiatives are supported and encouraged

TARGET • Number of community environmental initiatives supported and encouraged by Council.

ACTIONS • Worm farm initiative remains available but no uptake this quarter. • Compost bins - 3 rebates received for purchase of compost bins. • Compostable Packaging Rebate was introduced at the 2018 Spring Fair. Council provided stallholders with

information of provider to supply all required packaging and receive 10% rebate on all sales. This return was used to fund the stall holder prizes for Environmental Sustainability.

• Custom Recycling Bins – Four custom recycled bins have been manufactured to increase the revenue and rate of recycling of 10c bottles and cans. This will dramatically reduce the need for volunteers to hand sort waste from events to collect these containers. They were tested for the first time at Prospect Spring Fair and will be used for a range of events in the future.

STRATEGY 1.3 Active living for every age, every stage OUTCOME 1.3.1 Community services, recreation areas and facilities are able to meet the current and future needs

for all stages of life TARGETS • Two stakeholder forums per year to review Council areas and facilities and guide Council’s asset

management plan. • By 2020 all Council buildings will be accessible to every age at every stage.

ACTIONS • Disability Action Plan community forum held in July 2018. • Asset Management Plans are currently being developed for 6 major categories: 1. Transport,

2. Stormwater, 3. Buildings 4. Open Spaces, 5. Plant & Equipment, 6. Traffic Control Devices. Community engagement to review the Draft Asset Management Plans will be conducted via stakeholder forums and broader community consultation in 2019.

OUTCOME 1.3.2 Lifelong learning opportunities are developed and promoted TARGET • More than 2,000 lifelong training outcomes conducted annually.

ACTIONS • Prospect Men’s Shed, funded by CHSP and HACC programs, is a welcoming place where men come

together from all backgrounds and abilities to share knowledge and learn or develop skills while enjoying a coffee and comradery. Recently, the Men’s Shed has collaborated with Art Therapists at the Queen Elizabeth Hospital (QEH) to restore artworks and create ‘roughly finished’ bird houses for patients on the Palliative Ward. These items provide patients with a range of activities and artworks which assist in lifting their quality of life during their palliative care. In October the QEH hosted a morning tea to thank the Men’s Shed participants and so that the ‘Shedders’ could meet the patients from the palliative ward.

• English as a Second Language Class - SA Health gave an informative and entertaining presentation at the English as a Second Language (ESL) Class on 23 October 2018 on the topic of cervical cancer screening. Both male and female students commented on how much useful information they learnt and how they will be better able to support the women in their lives to access the free screening.


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• Prospect Community Support facilitates a variety of home support services for older residents, assisting them to maintain their properties to continue to live independently and safely within their own homes and community. Services provided include domestic cleaning assistance, home maintenance (gutter and window cleaning and handy-man services) and home modification services (grab rail installation). A total of 919 individual home support services had been provided to 234 residents during July to October 2018. Prospect Community Support enabled residents to access social activities and specialist medical appointments by using the Community Bus and through CHSP and HACC funded taxi vouchers. A total of 57 clients utilised these transport options.

• Digital Learning programs (previously Digital Hub) continue to run from Thomas Street Centre, all be it in a reduced capacity due to the obvious facility constraints. In the first quarter digital training was delivered to a total of 629 attendees via a combination of one-on-one training sessions. This is comparable to the same period last year which is fantastic result considering the current lack of facilities available while the organisation is in a state of transition.

• Several new programs were also trialled in the Digital Learning space, including a couple of weekend ‘drop-in’ demonstrations (3D Design and Printing & a general ‘come and try’), plus group training sessions on a variety of new topics such as ‘Entertainment Streaming for Beginners’ and 3 sessions on online safety covering scams, banking and social media.

OUTCOME 1.3.3 Accessible library, toy library and local history services are available for all

TARGETS • Successful delivery of an accessible community hub including a new Library and innovation centre by

the end of 2019. • 5% annual increase in participation and utilisation of Library services.

ACTIONS • Thomas Street visitor numbers are tracking significantly higher in the first quarter of this year, up by 12%

on last year’s figures. While this is no doubt due in part to the increased staff traffic in the facility, it’s estimated that at the very least visitor numbers have been maintained despite the tighter conditions and the known parking challenges associated with the site.

• Item loans are trending downward at the moment with total circulation transactions for the quarter being down by 13%. Causes are uncertain but collection capacity has been challenged by transitional arrangements which is likely to be contributing to the decline. During most of the quarter we also had significant restrictions placed on us by the state-wide network and this would have had an impact.

• The Toy Library defied this trend however, posting consistent numbers with 2181 loans, slightly up on the 2170 loans for the same period last year. This service will alter in the next quarter as it will be relocated so that Thomas Street can accommodate more Council staff as part of the next stage of transition.

• Programming continues to be well attended with 89 children attending Storytime sessions, and 708 adults and children attending the Rhyme Time sessions over the quarter. 82 children also attended various programs during the July school holidays.

• During August, Storytime went ‘on tour’, with a library staff member attending 4 childcare centres in the Council area to read stories to the children and talk about what the library has to offer. Approximately 75 children participated in these sessions which are seen as a great outreach from Council.

• On Tuesday evening 21 August 2018 the annual Writing Competition presentation was held in the Children’s area of the Library. Over 100 people were in attendance on the night with award winners receiving their certificates and prizes (right photo).


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OUTCOME 1.3.4 A community who are involved and participate in decision making and community leadership TARGETS • Year on year increase in the number of community representatives participating in engagement

strategies. • Year on year increase in overall youth engagement. • 60% satisfaction rating with Council engagement strategies.

ACTIONS • CLIC Community Reference Group continues to meet monthly and provide essential input to Council’s

decision-making process for this key initiative. Most recently, members have been providing input for the selection of internal signage and furniture.

• Community consultation and engagement continually occurs on a range of matters and this quarter consultation was sought for the Stan Watson upgrade, proposed 40km/h speed limit throughout City of Prospect, Animal Management Plan.

• Community Service Awards - This annual program is being reviewed with discussions at a recent Council workshop. A Focus Group is to be held with a select group of past recipients and representatives from local community groups and clubs who each year submit nominations of individuals who fulfil the Award criteria to help to continue to improve and refine the annual process.

• Mayor’s Disability Consultation Forum - Council’s Disability Discrimination Act Action Plan 2011-2016 is under review; importantly a selection of residents who are living with a disability were brought together on 20 July to provide input and determine key priorities for the renewed Plan. The meeting was convened by Mayor O’Loughlin and attended by senior Council staff who were able to provide an update on achievements over the past five years and to hear from residents and their understand priorities.

• Prospect Arts Action Network (PAAN) - members met on four (4) occasions including finalisation of the 2019 Prospect Gallery program from January – September 2019.

• City Wide Public Art Roundtable (CWPAR) - members met once, and completed assessments of Temporary Public Art Grants via email during this time.

• Youth FM – Two participants have been involved in this program recently, programming music in a weekly timeslot with predominately Australian content including local and youth artists. This program is currently nominated for a National Live Music Award – All Ages Achievement to be announced on 6 December.

• Youth Sponsorship Applications - 10 applications were received totaling $2150 to support Youth in our area in a range of activities such as aerobics, netball, Irish dancing and cross country. The Youth grants have funded domestic travel to NSW and QLD, and also international travel to America.

STRATEGY 1.4 Celebrate our diverse and creative community OUTCOME 1.4.1 A City rich with cultural experiences, arts activities and events TARGETS • Council supports an annual increase in diversity of events, either directly or indirectly. • Year on year increase in community initiated events/activities.

ACTIONS • Prospect Spring Fair included a vast array of cultural diversity including activities on the Main Stage and

Community Stage. This included Yallaka opening the event with Welcome to Spirit of Place, and two sessions of indigenous dance on our Community Stage. Additionally we welcomed Irish Dance, Yoga, African Music and Bollywood on the Community Stage, and a range of community groups participated as stall holders.


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(Photos: Prospect Spring Fair)

• Twilight Sessions are currently in final stages of planning with continuation of this great Prospect tradition ready to come to life in early 2019. Further details will be released in early January however the confirmed dates for these incredible evenings of music are Friday 1st, 8th, 15th and 22nd February at the traditional home of the event, the Prospect Memorial Gardens.

• Club 5082 Youth Programs - Our live music scene and community interest in music remains vibrant, and two specific Youth Programs were part of Club 5082 recently. Youth in Blues (in partnership with Adelaide Blues and Roots Association) and Spring Jams (in partnership with Music SA) created opportunity in the live music sector for youths to collaborate, record, learn stagecraft, songwriting and perform at Club5082. (Photo : Youth in Blues Program)

• Prospect Gallery - Three Community exhibitions in the Prospect Gallery including three opening events, a

mid-exhibition special interest talk and a City of Prospect staff insight session. The exhibitions included: - Heart Pieces; 21 Jun -22 Jul - Slow; 2 Aug – 31 Aug - Relative to Loss; 13 Sep – 14 Oct - Wisdom from a Fold-Up Boat; 25 Oct – 25 Nov.

The current exhibition, Wisdom in a Fold-Up Boat, has been one of the first exhibitions to have 6 activation programs linked to it and we are using this as a trial for 2019 programs and increased community connection in preparation for CLIC. (Photo : Wisdom in a Fold Up Boat opening night)

OUTCOME 1.4.2 A respected and celebrated culturally diverse community TARGETS • Events within the City are inclusive and reflect our diverse community. • Year on year increase in the satisfaction rating (number of respondents) from the Resident Satisfaction

Survey who feel that Prospect is an inclusive and welcoming community. • Deliver on recommendations each year to achieve the Reconciliation Action Plan by 2020.


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ACTIONS • Dual naming of Prospect & Broadview Ovals using Kaurna language has been the focus of a community

consultation process launched at Prospect Fair. The consultation incudes the opportunity for residents to complete an online survey or drop into the Thomas Street Centre or Town Hall Customer Service to complete a hard copy survey. Sport clubs located within the precinct of each oval have received correspondence inviting input to the consultation process, with the consultation concluding on 16 December 2018.

• Cultural Festival and Events Grants include three organisations with strong multicultural focus (South Asian Multicultural Association of South Australia, South Australian Bangladeshi Community Association and Adelaide Marathi Mandal) all of whom will deliver events of substantial size in our community in 2018/2019. These are currently being supported by the Community Events Officer in relation to planning, marketing and operational delivery of the events.


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PLACE LOVED HERITAGE, LEAFY STREETS, FABULOUS PLACES

STRATEGY 2.1 Respect the past, create our future OUTCOME 2.1.1 In partnership with the community, a City recognised for its diversity, its range of local

attractions, its local history, character, heritage and stories TARGETS • Year on year increase in the satisfaction rating from the Resident Satisfaction Survey of a city

recognised for its range of local attractions, its local history, character, heritage and stories. • Year on year increase in the number of Heritage Grant applications received.

ACTIONS • George Whittle Reserve Upgrade – Extensive community consultation conducted and works to commenced

in January 2019. Design includes new and improved skate park, hard-court surface for ball games, lawn areas for family and passive recreation, fitness equipment and artistic play equipment.

• In the first quarter of the 2018/2019 financial year, 17 applications have been made for Heritage Grant Scheme funding which is an increase on the 2017/2018 applications. An assessment process for the allocation of Heritage Grants is nearing completion and successful applicants will be notified by Council.

OUTCOME 2.1.2 A city recognised for high quality and interesting design and built form TARGETS • Year on year increase in community satisfaction relating to building design. • Year on year increase in community satisfaction rating in respect to development across our city.

ACTIONS • Council planning staff have extended the Independent Design Review process to include selected

development applications for infill dwellings in the Residential Zone. This independent design advice has previously only been sought for significant buildings proposed in the Urban Corridor Zone and the new process will provide planning staff and the Council Assessment Panel with independent design advice that considers local residential character and dwelling design features. This will also assist in consideration of the appropriateness of two-storey development in certain streets.

OUTCOME 2.1.3 Diverse development is encouraged on Main Road corridors

TARGETS • Annual review of the outcomes of the Urban Corridor Zone relative to our vision of diversity. • Complete Urban Corridor Zone & Interface Areas DPA by end of 2016/2017.

ACTIONS • In the July - September 2018 quarter three (3) significant Urban Corridor Zone Development Applications

were lodged with Council with a total value of $6.2 million providing a potential for differing dwelling styles and type (2 & 3 bedrooms).

• Urban Corridor Zone & Interface Areas Development Plan Amendment (DPA) is complete, included in the Prospect (City) Development Plan and being actively used in assessment by Council staff.


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STRATEGY 2.2 Loved parks and places OUTCOME 2.2.1 Look after what we love; the character, native fauna, stories, neighbourhoods, people, parks and

colour TARGET • Year on year increase on the baseline of 80% satisfaction rating from the Resident Satisfaction Survey

(relating to Parks).

ACTIONS • 2017 Resident Satisfaction Survey results - 78% were satisfied with maintenance of the reserves, parks,

gardens and ovals, reporting a high satisfaction rating of 4.1 out of 5. Respondents aged 65+ were most likely to be satisfied with the maintenance services (89%). Routine parks and gardens maintenance undertaken by City Maintenance staff focuses on turf management, weed control, garden bed maintenance and litter removal. Other activities scheduled less frequently or on a seasonal basis include tree pruning, irrigation audits and revegetation.

• Barker Gardens Stage 1 - refurbishing the rose gardens has included planting 70 new roses, a medium red Floribunda variety named ‘Field of Fromelles’. Stage 2 will commence early 2019 and over the next 9 months removal of roses in poorer condition will take place along with reconditioning the soil in preparation for replanting to occur July-August 2019.

OUTCOME 2.2.2 Engaging and innovative Parks which provide a range of accessible leisure opportunities

TARGET • The Open Space Strategy is endorsed, budgeted and implemented each year as outlined in the strategy.

ACTIONS • Open Space Strategy – endorsed strategy prioritises each park to be upgraded as short, medium or long-

term, allowing for appropriate budgeting and implementation each financial year. The long term financial plan commits Council to improve all parks and parks identified in the short term priority are scheduled for design and consultation.

OUTCOME 2.2.3 A community involved in design, maintenance and upgrade of our parks and places

TARGET • Year on year increase towards a minimum of 10% of local residents involved in the design, upgrade and

maintenance of parks and places.

ACTIONS • Devonport Terrace Community Reference Group - monthly meetings commenced in May 2018 and have

continued throughout the year. Walking tours of the 2km road were conducted in October 2018 and generated ideas to assist with development of future streetscape upgrade planning.

• Stan Watson Reserve - Community consultation conducted in September via online survey with a total of 57 respondents providing great ideas and feedback to assist the design of a new and improved play area.


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OUTCOME 2.2.4 Public art across the City that inspires and delights community and visitors TARGET • High levels of feedback (reaction) to new installations of public art.

ACTIONS • Two Public Art Installations have been installed including ‘The Team’ (below left) at the Prospect RSL and

‘Give me Shelter’ at Bus Stop 8 on Prospect Road (below right). Both pieces have been welcomed into our community.

• The City Wide Public Art Roundtable has continued to support and guide public art work in our community

via the quick response grant program and will continue to issue grants as required to activate arts in our community. ‘Give Me Shelter’ was one of these, and Scott Colman (KAB101) has most recently been granted $750 to upgrade/update KAB101 Lane. Several other grants are currently being assessed.

• Arts SA Public Art & Design Program Grant - The application was successful and City of Prospect has been awarded $15,000 to enable us to go out to the wider South Australian arts community and seek expressions of interest for the development of three creative concept designs for a major public artwork for the Community Hub, Library and Innovation Centre (CLIC) foyer.

• George Whittle Public Art – As part of the upcoming redevelopment at George Whittle Reserve artist Seb Humphreys has been engaged to design, manufacture and install two substantial pieces of art linking the community to the heritage of the site. Seb will continue to work with the Assets and Infrastructure team in finalising proposals during the Skate Park redevelopment period commencing 29 January 2019..

STRATEGY 2.3 An accessible City OUTCOME 2.3.1 Key areas are accessible and linked

TARGET • Finalise Master Plan by end of 2017/2018 and establish one (1) upgraded East-West connection by

2020.

ACTIONS • No action to report for this quarter.

OUTCOME 2.3.2 Connected/ integrated bicycle and pedestrian networks across the City and linked to other areas


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TARGET • Partner with the Australian Bicycle Council to include Prospect within the biennial National Cycling

Participation Survey to measure users of the Prospect network.

ACTIONS • No action to report for 2018 as the next survey will be conducted in 2019.

OUTCOME 2.3.3 A City well serviced by public transport

TARGETS • Increase in the level of public transport services particularly addressing peak hour issues. • Year on year 5% increase in patronage of community transport options.

ACTIONS • New Community Bus - One of Council’s two community buses has been replaced as part of normal fleet

management practice, providing an opportunity to refresh Council’s branding on the Bus. A bold design with a swirl of bright colours reflecting the energy of our vibrant City has been used, with the Bus capturing attention as it winds its way through our streets providing transport assistance to our residents. The bus was first displayed at the Prospect Spring Fair and has generated some positive public feedback regarding the ‘new look’.

STRATEGY 2.4 A greener future OUTCOME 2.4.1 Attractive streets with leafy tree canopies

TARGET • Identify all streets that will not achieve “green tunnel” street canopy coverage by the end of 2016 and

incorporate into the program for 2017/18.

ACTIONS • Resilient East Heat Mapping - as at early October 2018 data was not available and there is nothing to

report for this quarter. • Street Tree Planting Program - 178 trees planted between August and October.

OUTCOME


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2.4.2 A City recognised for its flora, fauna and biodiversity

TARGET • Thriving gardens and verges under Council’s control.

ACTIONS • Routine maintenance of garden beds established on our main road corridors has continued this quarter

with activities including weed control, vegetation management, irrigation repairs and mulching. • Between July to October 2018 the following revegetation projects were undertaken:

- Churchill Road – continued revegetation of garden beds to refresh planting - McInnes Avenue – revegetation of traffic control device garden beds - William Street median – revegetation of median in some sections - Prospect Road – refurbishment of median adjacent to the BP Service Station due to vehicle

damage.

OUTCOME 2.4.3 Committed to having a reduced environmental footprint TARGET • Year on year reduction in our environmental footprint for all of Council’s activities.

ACTIONS • Process to improve procurement practices has commenced and to significantly increase with recruitment of

new Environmental & Sustainability Officer. • Internal audit of Council waste practices in early 2019.

OUTCOME 2.4.4 ‘Green’ strategies are established within development activities across the City TARGET

All Development Approvals to have landscaping conditions (where appropriate) which are enforceable and that our policies support this position.

ACTIONS • Development Officers include conditions of planning consent or development approval that relate to the

installation of landscaping and its ongoing maintenance on all major development applications assessed by Council.

• With the employment of a focused resource (0.4FTE), compliance with conditions of approval, including conditions on landscaping, is underway in a proactive sense.


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PROSPERITY MORE JOBS, MORE INVESTMENT, MORE ACTIVITY, MORE VIBRANCY

STRATEGY 3.1 A stronger local economy OUTCOME 3.1.1 A busy and vibrant local business environment focused on the Prospect Village Heart TARGETS • A vacancy rate no higher than 3% in the Village Heart and no higher than 5% elsewhere. • Footfall in Village Heart increased by 100% year on year.

ACTIONS • A Colliers International report, found only 1.5 per cent of Village Heart properties were vacant in

September 2017, down from 4.4 per cent the year before. • Footfall in the Village Heart has increased over 100%. Wi-Fi views from February 2017 to 2018 have

increased from 1,685 to 3,632 (115%). While logins have increased over the same period from 816 to 2,508 (207%).

OUTCOME 3.1.2 Investment, employment and development encouraged across our City TARGETS • A 100% increase in the value of completed development on our corridors year on year. • Annual Business and Employment Survey to identify improved activity levels year on year.

ACTIONS • In the July-September 2018 quarter three (3) significant Urban Corridor Zone Development Applications

were lodged with Council with a total value of $6.2 million. • Annual Business Plan survey currently underway.

OUTCOME 3.1.3 A City with strong and relevant relationships with Local, State and Federal Governments TARGET • Sentiment measured via annual CEO 360 degree performance review process.

ACTIONS • Minister for Industry and Skills, David Pisoni along with Mayor O’Loughlin launched the GigCity Adelaide

(Prospect) on the 12 September 2018. The event was attended by over 160 people.

STRATEGY 3.2 A more vibrant night-time OUTCOME 3.2.1 A City with more people on the streets and more places to go at night

TARGETS • 100% increase in pedestrian footfall after 5pm in the Village Heart year on year.


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• 20% of businesses to create peak demand after 5pm.

ACTIONS • Prospect Retail Tends Report 2017/2018 has now set a baseline for pedestrian movements. After 5.00pm

Wednesday night has the highest traffic after 6.00pm while Monday after 7.00pm is also high. The highest pedestrian movements are as expected on Friday and Saturday nights.

• Businesses report the accuracy of the data reflecting their takings and are now using the data to inform their rosters.

• The digital marketing campaign for Prospect Road developed 8 videos that were distributed on social media. At least one of the eight videos produced focused on the night time economy, while all highlighted the amenity of Prospect Road and the diversity of retail offerings.

OUTCOME 3.2.2 A City with after-hours family friendly activities in our buildings, parks and open spaces TARGET • Annual increase in the use of our buildings, parks and open spaces as measured through the Resident

Satisfaction Survey.

ACTIONS • City of Prospect won the Mainstreet SA Marketing Award for its Prospect Village Heart, Digital Marketing

Campaign in October. • The Mainstreet judges said, “this is a great example of a main street understanding exactly what it is and

then going for broke to communicate it! The judges were impressed by the bang for buck from this online campaign that was underpinned and supported by the efforts of many local businesses. The campaign can now serve as a template for future marketing campaigns in Prospect Road or other main streets in City of Prospect.”

• Council has worked very closely with the Village Heart Marketing Committee to ensure local businesses had direct input into the marketing campaign. The campaign was built on great partnerships with local business, including Palace Nova Cinemas and Channel 44.

STRATEGY 3.3 Leverage our digital advantage OUTCOME 3.3.1 A high level of take up of high speed/high capacity technology TARGET • Use the annual Business and Employment Survey to understand the value of trade that is occurring on-

line.

ACTIONS • The GigCity rollout is expected to be completed in early 2019. • The long term impact of the GigCity connection will be the attraction of

higher order businesses to office space in the two anchor buildings of the Precinct: Cinema Complex and Council’s CLIC building. It will also assist in attracting more occupants to our two co-working/serviced office spaces.

• The addition of high speed/low cost data will be an essential ingredient to attracting defence, security, ICT and other commercial businesses to the precinct.


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OUTCOME 3.3.2 Knowledge workers are supported in the City with a range of network and business opportunities

TARGETS

• Year on year increase in the number of businesses as part of Network Prospect • Over 50% of Network Prospect participants attend more than one annual event.

ACTIONS • At present Network Prospect 330 businesses listed on the directory page of its website.

A copy of the Network Prospect Annual Report 2017/2018 has been completed. • Business entries and exits in City of Prospect from 2014 – 2017 are based on data provided by the

Australian Tax Office. It demonstrates positive business growth in Prospect with on average over 250 new businesses starting up per annum resulting in net growth of nearly 40 businesses per annum.

STRATEGY 3.4 International Prospect OUTCOME 3.4.1 Council is engaged in the global economy, actively seeking diverse business investment TARGET • Six significant engagements in any given year and across more than one investment type.

ACTIONS • Minister for Industry and Skills, David Pisoni along with the Mayor O’Loughlin launched the GigCity Adelaide

(Prospect) on 12 September 2018. • Council continues to engage with business and property owners on Main North Road. We are seeking to

maximise the development potential of properties and to encourage private investment. Estate agents from Knight Frank have also been engaged to encourage investors and development of joint ventures with property owners.

OUTCOME 3.4.2 Promoted and known internationally as Adelaide’s most intelligent community

TARGET • Highest ranked Intelligent Communities Forum (ICF) City in South Australia.

ACTIONS • City of Prospect this year received international recognition as one of the world’s Top 21 Smart Cities for

2019. The award is judged by the New York based Intelligent Communities Forum (ICF). This is the sixth time Prospect has been included in Top 21 Communities list in the last eight years. This will be used in promotion of the City. Other Cities to also receive this recognition were:

- Chicago, Illinois, USA - Curitiba, Parana, Brazil - Greater Victoria, British Columbia, Canada - Hudson, Ohio, USA - Issy les Moulineaux, France - Keelung City, Taiwan - Moscow, Russia

Interestingly, three cities in Australia also received the Top 21 recognition including Adelaide and the Sunshine Coast. There were four cities that made it into the Top 21 list from: USA, Canada and Taiwan. While three Australian cities made the list: Prospect, Adelaide and the Sunshine Coast.


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SERVICES LEADERS OF THE SECTOR PROVIDING EFFICIENT, RESPONSIVE, ACCESSIBLE SERVICES

STRATEGY 4.1 Excellence in Infrastructure OUTCOME 4.1.1 Taking great care of all of Council's Assets TARGETS • Consistently 75% or higher rating in Resident Satisfaction Survey. • Asset sustainability ratio to align with Audit committee targets. • Infrastructure & Assets Management Plan comprehensively reviewed annually.

ACTIONS • City maintenance contributes towards the overall maintenance of Council Assets by providing basic

maintenance through the Precinct Services Program. This program ensures that each street within the City is serviced every two years which provides an even spread of services throughout the City. Activities include but are not limited to footpath, road and kerb & gutter repairs, street tree pruning to maintain footpath and road clearance heights and nature strip maintenance where issues are noted.

• Capital works program for transport assets (roads, kerb & gutter) has commenced and will be completed by early 2019.

• Developing Asset Management Plans for 6 major asset categories: 1. Transport 2. Stormwater 3. Buildings 4. Plant & Equipment 5. Open Space 5. Traffic Control Devices has commenced and draft plans all dues for completion by June 2019.

STRATEGY 4.2 Sound Financial Management OUTCOME 4.2.1 Sourcing funding partners and pursuing new revenue streams TARGETS • An annual increase in funding partners and new revenue streams achieved.

ACTIONS • No new funding partners have been established in this quarter. • Council has submitted an application to the Smart Cities and Suburbs Program for the Library of the Future.

OUTCOME 4.2.2 Council continues to increase its corridor development and its commercial and retail sector rate

income TARGETS • 1% shift to these sectors each year off a 2015/16 base of 17%.


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ACTIONS • Council’s rates declared in June 2018, provided for a 0.73% shift in rate revenue to the Corridor

Development in both Residential and Non-Residential rating classes. • The value of completed development in the Prospect corridors in 2017/2018 has increased to $36 million.

As more of these buildings move from completion to being rated there will be a positive boost to rates from Corridor Developments. It is anticipated that if this trend continues, it will move the commercial rate shift close to or above 1% per annum over the next one to two years.

STRATEGY 4.3 Responsible Waste Management OUTCOME 4.3.1 Waste collection and recycling services meeting community need and enhancing the amenity of

the City

TARGETS • Year on year increase in customer satisfaction of waste collection and recycling services as measured

through the Resident Satisfaction Survey.

ACTIONS • To be determined when next survey is conducted.

OUTCOME 4.3.2 Innovation in waste management to align with environmental goals TARGETS • Waste collection data collected by 2020 and shared as appropriate. • A framework is developed that delivers at least one innovative waste management practice each year.

ACTIONS • Waste collection data is collected and reported annually in accordance with LG Act requirements. • Council’s new Environmental & Sustainability Officer will develop initiatives in accordance with

Environment Action Plan for delivery in 2019.

STRATEGY 4.4 Accountable and people-focused services OUTCOME 4.4.1 Open and accountable practices and decision making processes throughout Council’s operations TARGETS • Year on year increase in support of Council’s decision making processes from Resident Satisfaction

Survey.

ACTIONS • An analysis of the 2017 Resident Satisfaction and Youth Survey Report is in progress. This exercise seeks to

align all the areas discussed with the community to our Strategic Plan and identifying the services of highest importance and lowest satisfaction. We seek to understand our delivery of services relative to the level of resourcing and progress key priorities for the development of our future Strategic Plan.


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OUTCOME 4.4.2 Service delivery is visible to and appreciated by the community TARGETS • Ten (10) services reviewed annually with a view to improve the customer experience. • Community to be informed of what we are going to do, when and why.

ACTIONS The aim of service reviews is to achieve: - • Continuous improvements in the provision of services to our customers both internally and externally • Savings from reduced costs • Productivity increases (better resource management, decreased costs, removing duplication and raising

additional revenue.) • The review of Customer Services and the Library Services have been completed. The outcomes of the

review were presented to the Council Workshop on 11 September 2018. • The final reports were presented to the Audit Committee on 15 October 2018 and to Council Meeting on

23 October 2018. Council resolved that: - The Audit Committee include in the Risk & Audit Work Plan 2018 – 2020 a continuous

improvement program of council service reviews. - The Audit Committee provides ongoing (milestone) advice to Council on the progression of the

Service Review program. • The next service reviewed will be conducted in the new calendar year.

OUTCOME 4.4.3 Known for “making our customers’ day”

TARGETS • Positive customer feedback is recorded and celebrated.

ACTIONS • “I wish to express my thanks to all involved in the installation of the handrail on the corner of Pulsford &

Prospect Roads”. • Your Depot Team did a great job in St Helens Park today, best it's looked in a very long time. Did the job

well and very respectfully. • To All Who made the Prospect Spring Fair Happen, Many Thanks and Congratulations on another

wonderful day out in our local area. We are Galway Avenue residents, it was just wonderful to be able to walk to the Fair at Broadview Oval. Wonderful also to see the Oval put to such good use, it’s a lovely big space and a perfect venue for this obviously increasingly popular event as there definitely seemed to be more stalls, activities and people this year.

• I really enjoyed the Fair especially the indigenous dancing followed by Adelaide Rock & Roll. Well done Prospect Council

• “great venue, good sound will definitely be coming back” and “great venue, good sound will definitely be coming back” re Club 5082

• Thank you for having us race at your Fair. We all had a fantastic time and hopefully everyone enjoyed the action. From the dog racing clubs

OUTCOME 4.4.4 Improved systems and on-line services meet the needs of the community TARGETS • Year on year increase in the number of services able to be transacted end to end online. • All complaints to lead to system improvements.


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ACTIONS • With the implementation of Dogs and Cats Online (DACO) in July 2018, customers may now manage their

dog registrations and payments online themselves. As this is the first year of implementation, customers required some assistance from Council staff with the new registration process however over time it is envisaged that this will reduce resulting in efficiencies for both staff and customers. The centralized database also offers some enhanced features such as improved reporting capabilities. Below is an example of the dashboard report available providing an overview of dog registration and microchip details to date for City of Prospect (snapshot taken on 3 October 2018).

• Development of the Information Technology Strategic Plan - Reviews of City of Prospect’s Information

Technology (IT), digital and communications policies and practices were undertaken between 2014 and 2017. Each of the reviews made a number of overlapping recommendations that broadly fall into seven themes which are supported by City of Prospect’s strategic goals.

• The document identifies the overlapping recommendations and highlights the IT strategic priorities for the next three years.

• The Information Technology Strategic Plan was presented to the Audit Committee and will be presented to Council for adoption In December 2018.


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Item 16.3: Intelligent Community Forum Award



DIRECTOR: Chris Hannaford, Director Business & Innovation

REPORT AUTHOR: Daniel Adams, Economic Development Officer

SUBJECT: Intelligent Community Forum Award


This report seeks to update Councillors on the Intelligent Community Forum award.

City of Prospect has been included in the Top 21 Intelligent Communities in the world by the Intelligent Community Forum (ICF). This is the sixth time Prospect has been included in Top 21 Communities list in the past eight years.

2. RECOMMENDATION

(1) Council having considered Item 16.3 Intelligent Community Forum Award receive and note the report.


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Strategy 3.1 A stronger local economy The GigCity Network with its four anchor buildings are part of the Prospect Road Innovation Precinct. They will attract new data centric businesses to Prospect Road.

The GigCity Program will ensure that business in the Prospect Road Innovation Precinct can readily export services and data at speeds of 1 Gbps and fully participate in the international Digital Economy.

Strategy 3.4

International Prospect


1. Broadband Infrastructure is the foundation of economic competitiveness

A GigCity Network in Prospect will provide gigabit-speeds to Prospect businesses.

Supporting local co-working spaces on Prospect Road with highspeed connections will enable them to attract a wider range of businesses.

The co-working spaces could also engage with local businesses and groups such as the University of the Third Age.

Council will use the Prospect Road Innovation Precinct and its composite businesses to promote the benefits of the Digital Economy.




4. Digital Equality Allowing everyone access to broadband technologies and skills to use them




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4. REGIONAL IMPACT

The ICF award will help distinguish Prospect in the ERA region. In particular, it can be used to promote Prospect as a creative and smart community.


The success of the Digital Economy Strategy (and the implementation thereof) also contributed to City of Prospect receiving international recognition as one of the world’s Top 21 Smart Cities six times in the last eight years by the New York based Intelligent Communities Forum (ICF). This independent, international recognition has been extremely important in building City of Prospect’s profile and leverage it with key external stakeholders. The award will also be useful in promoting Prospect Road and the proposed Prospect Innovation Precinct.

Council staff took a different approach with the 2019 application and sought to engage community groups in the development of its new Economic Strategy and the roll out of the ICF principles.

In particular, an emphasis on Lifelong Leaning and engagement with schools was undertaken in 2018. Council staff assisted Blackfriars with judging its innovation awards in July 2018. In addition, there is an opportunity to establish a wider Innovation and Entrepreneur program with Blackfriars and other schools in Prospect. This engagement with schools will be further developed as part of the new Economic Development Strategy.

Council assisted University of the Third Age with the installation of an NBN connection into the RSL Hall. A presentation to the University of the Third Age on the Innovation Precinct was also undertaken in September. The University of the Third Age was also actively engaged in the Library of the Future application to the, Smart Cities and Suburbs program.

6. DISCUSSION

City of Prospect has been included in the Top 21 Intelligent Communities in the world by the Intelligent Community Forum (ICF). This is the sixth time Prospect has been included in Top 21 Communities list in the past eight years.

The award was announced in Hamilton, Ontario, Canada in October 2018 at the conclusion of an ICF Canada event. This year the Top 21 Intelligent Communities were from 10 nations and included cities such as Chicago, Moscow and Winnipeg. There were four cities that made it into the Top 21 list from: USA, Canada and Taiwan. While three Australian cities made the list: Prospect, Adelaide and the Sunshine Coast.

The Top 21 Communities for 2019 are:

• Abbotsford, British Columbia, Canada

• Adelaide, South Australia, Australia

• Binh Duong Smart City, Vietnam


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• Chiayi City, Taiwan

• Chicago, Illinois, USA

• Curitiba, Parana, Brazil

• Greater Victoria, British Columbia, Canada

• Hudson, Ohio, USA

• Issy les Moulineaux, France

• Keelung City, Taiwan

• Moscow, Russia

• Nairobi County, Kenya

• Prospect, South Australia, Australia

• Rochester, New York, USA

• Sarnia-Lambton County, Ontario, Canada

• Sunshine Coast, Queensland, Australia

• Surat, Gujarat, India

• Tainan City, Taiwan

• Taoyuan City, Taiwan

• Westerville, Ohio, USA

• Winnipeg, Manitoba, Canada.

Selection Process

The Smart21 Communities are selected by ICF based on quantitative and qualitative data submitted to the Forum and developed by independent research, which is evaluated by a group of Analysts led by former Cisco executive and Westchester County (New York) CIO, Dr. Norman Jacknis. The analysis is based on the ICF Method, which provides the conceptual framework for understanding the factors that determine a community's competitiveness in economic, social and cultural terms. The 2019 Awards program also focuses on the annual theme of Infinite Learning. Faced with the new and infinite ability of machines to learn, human beings can only master this technology leap by committing lifelong learning for the people and organizations in the community, because only that will allow us to adapt to new demands and seize new opportunities.

The award reflects Prospect’s creative and community-based approach to do things smarter by collaborating with other councils and the community. A hallmark of our approach has been direct engagement with our business community through Network Prospect and the Prospect Business Leaders group. Being a Smart21 Community will also help us to gain a higher global profile and be more attractive to companies searching for a place to invest.


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City of Prospect’s key achievements in the past 12 months have been:

• Establishing GigCity Adelaide in Prospect

• Roll out Prospect Fast WiFi

• Digital Marketing Campaign for Prospect Road, resulting in a Mainstreet Award

• Connected Cities project with four other councils and the University of Adelaide

• Approach to Infinite Learning – with local schools, University of Adelaide and the University of the Third Age.

The GigCity Adelaide Network is the largest program that Council has recently invested in since the roll out of Prospect Fast WiFi in 2017. It will be essential to attract new office development of Prospect Road. The program was officially launched by the Minister for Industry and Skills, David Pisoni on Wednesday, 12 September at the Palace Nova Cinema Complex on Prospect Road.

Intelligent Communities Forum indicators

The Intelligent Communities Forum has six intelligent community indicators, which are outlined below:

1. Broadband

Infrastructure is the foundation of economic competitiveness.


A labour force that creates economic value through its knowledge, skills and ability to use information effectively.

3. Innovation

Intelligent Communities pursue innovation through a relationship between business, government and institutions (ie. universities).

4. Digital Equality

Allowing everyone access to broadband technologies and skills to use them.

5. Sustainability

Communities that make sustainability a shared goal typically engage organisations, community groups and neighbourhoods in sustainability programs and activities. These contribute to civic pride, local identity and mutual understanding.

6. Advocacy

Engaging leaders and citizens, businesses and institutions, in identifying opportunities to champion positive change.

These indicators are used to assess if a community is an intelligent Community and hence make it to the Top 21 Intelligent Communities list. A representation of the six indicators and how they relate to Prospect is represented by the diagram in Figure 1:


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Figure 1: ICF Indicators and Actions in Prospect

New Initiatives

Council has engaged Professor, Carolin Plewa from the Entrepreneurship and Commercialisation and Innovation Centre (ECIC) at the University of Adelaide to provide advice and the best ways to build an Innovation Precinct in Prospect. This advice will be essential in developing a local innovation ecosystem and attraction of key workers and businesses to Prospect.

Professor Plewa is well qualified to do this as she is the inaugural co-chair of the University- Industry Innovation Network and as such is highly qualified to undertake the Prospect Innovation Precinct project.


Council pays $1,500 USD to be a member of ICF each year.


City of Prospect ICF application for 2019 refocused its efforts on the Prospect Innovation Precinct and how our economic development and technology initiatives can be more focused on the community. In particular, the work undertaken for the Libraries of the Future application to the Smart Cities and Suburbs Program can be used to assist with greater levels of engagement and development of Lifelong Learning initiatives.

The ICF award can be used to promote Prospect. The Smart 21 Communities 2019 logo can be used by other local organisations, such as University of the Third Age to promote their individual business. In 2019 Council will have a number of initiatives completed including:


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• Economy Development Strategy

• Prospect Innovation Precinct

• GigCity Adelaide

• Connected Cities and

• Community Hub Library and Innovation Centre.

These innovative projects will provide Council with an excellent platform for a further ICF award in 2020.

ATTACHMENTS

Attachments 1: Article - We're Smarter Than the Average City


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Item 16.4: Project Update – Community Hub, Library & Innovation Centre (CLIC)

AGENDA ITEM NO.: 16.4 TO: Council on 27 November 2018 DIRECTOR: Nathan Cunningham, Director Community & Planning REPORT AUTHOR: Chris Newby, CLIC Project Lead SUBJECT: Project Update – Community Hub, Library & Innovation Centre

(CLIC)


As per a previous Council resolution, staff responsible for the delivery of the CLIC project provide monthly status updates to the Ordinary Meetings of Council.

The fitout of the building continues to be further refined to improve functionality and flexibility, with careful attention given to ensuring value for money and a quality outcome. In addition to exploring options that see the cost of new furniture reduced, opportunities for reuse of furniture and equipment (such as task chairs and display screens) are also being pursued to reduce overall budget pressure.

The project budget continues to be monitored closely, with alternate funding opportunities being pursued to enable the delivery of ‘below the line’ items such as the Town Hall air conditioning, so that they can be completed to align with CLIC project timing.

Council’s quantity surveyor has been able to recast the project’s budget to properly reflect the absorption of site remediation costs into the project (under contingency). It is likely that the contingency shortfall will require separate funding through a future budget review to enable project delivery to be unencumbered by this earlier latent condition.

Consultation on potential facility names was undertaken at the Prospect Spring Fair, which revealed mixed views on either no name or potential names. Subsequent discussion of this outcome with the Community Reference Group suggests further work is required prior to a decision being made. Consideration needs to be given to whether the building benefits from an overall name, and beyond that, consideration is needed on the naming of key areas of the CLIC such as the gallery and history nook.

An updated construction program has been prepared by the builder in consultation with the project manager to provide a more accurate anticipated completion date. We have reached a stage in the project where this was able to be completed as all trades have been engaged and the majority of design matters have been finalised. The revised estimated completion date of early October 2019 ensures a high quality building outcome without impacting service continuity, and allows for accuracy in future reporting against a realistic construction time frame based on final drawings.

The cash flow forecast has been updated in line with this revised program and the budget has been independently reviewed to ensure the project remains on track from a


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cost perspective. Project risks continue to be monitored and addressed by the team in consultation with Council’s own risk adviser.

2. RECOMMENDATION

(1) Council having considered Item 16.4 Project Update – Community Hub, Library & Innovation Centre receives and notes the progress update for the Community Hub, Library and Innovation Centre for the period 24 October 2018 until 27 November 2018.

3. DISCUSSION & BACKGROUND

CLIC Architectural Design

The design team has continued to focus on refining the joinery design and furniture selections in recent weeks, with an emphasis on achieving a quality, flexible outcome with careful attention to overall budget. The appointed joinery contractor has been assisting with feedback on how costs could be managed while maintaining the architectural intent, along with the necessary durability for a high quality and very busy public space. The final phases of design testing have also been undertaken with staff exploring minor changes to the design and layout of the building to achieve cost efficiencies whilst maintaining (or improving) staff amenity and service delivery. The potential reuse of various furniture and electrical items from current Council facilities has also contributed to the reduction in the number of new items required. This has led to further refinement of the joinery design to better respond to the needs of the community and the requirements of staff. One of the areas where improvement has been targeted is the configuration of the tables in the large meeting / events space on level 1, which will improve the flexibility of the tables which was always a fundamental objective for this space. An amended layout would lead to more easy adaptations and configurations other than ‘chamber mode’. Council previously endorsed the design and configuration of the tables in August 2018 as part of the design package for the large meeting events space after a series of workshops with the design team. It has subsequently been confirmed that the setup and breakdown of these tables would be inefficient (requiring the use of a screwdriver to enable the 18 person configuration), while the tables would not be as suitable for alternate arrangements within the space (due to the number and odd shapes of the individual pieces). In addition, the use of ten individual custom-made tables (of four unique shapes) to achieve this outcome added to cost. As such, the design team (in collaboration with Council’s CEO and Director Community and Planning) are working on an updated design and configuration that would comprise six tables of two unique shapes, which would achieve far greater flexibility and ease of set-up/ pack down whilst reducing costs and maintaining the desired functionality. An indicative comparison of the two chamber table setups is provided below, which illustrates that the overall length is similar, while the width has been reduced (in turn addressing previous concerns about separation distance from walls) whilst still


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comfortably accommodating 18 people. This revised arrangement also works well with the current video recording equipment used for Council meetings, which will be reused and aligns well with configurations of several other known Council Chamber set-ups.

This outcome will achieve a highly attractive and functional ‘boardroom style’ table which should add to the desirability of the bookable space, which at other times can be configured into a round table and a series of rectangular tables suitable for a variety of activities, including Council Information Sessions. Alternatively, they can be packed away with the chairs into the furniture store (which was unable to be achieved with the previously endorsed conceptual layout). It is therefore considered that the benefits of revising the layout are significant and will continue to be pursued. Below the Line Item – Town Hall Air Conditioning The Town Hall is currently serviced by its own air conditioning system, and its replacement has not been budgeted for as part of the CLIC project; although it sits as a priority ‘below the line’ item. Lucid Consulting, which undertook the design of the mechanical services of the new CLIC has assessed the condition and performance of the existing Town Hall system and recommend its replacement be undertaken as part of the CLIC project works.

Their advice is that the current performance of the existing air conditioning system is poor at times. Their opinion is that this is likely due to the single stage non-variable speed compressors, combined with the relatively poor air distribution within the space, which together require the system to cycle on and off to provide part load demands (rather than the location of the temperature sensors). Council’s Infrastructure and Environment Department have earmarked the system for replacement in the 20/21 financial year, which is only 12 months after works are completed on the Town Hall as part of the CLIC project. This is in line with advice sought from Council’s air conditioning maintenance providers (Butterfields), which has identified that the units servicing the Town Hall are in poor condition and should be replaced within the next two years (refer Attachment 1-2).

With the increased openness and connection to CLIC, the utilisation of the Eliza Hall is anticipated to substantially increase, with use varying throughout the day from small numbers of occupants participating in relatively passive activities, through to high capacity events with highly active occupants. The space is intended to function as an ‘extension’ of the library space that can be occupied at times when no programmed services or events are being undertaken within the Eliza Hall, meaning the air conditioner will need to run and attempt to balance with the new unit installed in CLIC. This creates strains on both systems and will potentially exacerbating existing performance issues in the Town Hall system. It is noted that Lucid’s advice confirms the


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system is near its end of life and operates inefficiently; this combined with the increased pressure that will be placed upon it by operating during all CLIC opening hours (across 6-7 days per week), will impact its longevity.

It should be recognised that upgrading to a modern variable speed system with heat recovery and suitable air distribution systems will greatly increase efficiencies, lower ongoing energy costs and improve the level of comfort for users of the space.

Should the air conditioning not be replaced as aprt of the current project works, Lucid’s advice is that the scope required to replace/upgrade the existing system would involve significant associated building works, including removal of the existing roof to gain access to the plant and equipment concealed within the existing roof space. The works required to replace the system would see this part of the facility closed for the duration and provides further support to the notion of replacement during CLIC construction, while the Town Hal is not being used by the community.

Access is being provided within the current project works for alterations to the existing roof, to allow for the connection to the new building and the installation of fire sprinklers throughout. As such, it would be an opportune time for replacement of the air conditioning system to occur, as it would:

• Achieve a quality outcome and install a fit for purpose system, in lieu of a compromised replacement in the future

• Reduce risk of failure of system once redeveloped site is operational • Minimise expense and disruption by coordinating with current works • Maximise running cost savings by operating new, high efficiency equipment in

lieu of existing poor efficiency equipment.

Although there are no letting gains currently available to fund this additional scope, there may be capacity to upgrade the system using funds from building asset management budget lines earmarked in the Long Term Financial Plan. The project team will be pursuing this in consultation with Council administration so as to deliver these necessary works prior to the opening of the CLIC in October 2019. CLIC Communications Feedback from the community on possible names for the new facility (from the consultation held at the Prospect Spring Fair) was discussed at a recent Community Reference Group (CRG) meeting. The CRG noted that the feedback indicated support for the use of the Kaurna language particularly for individual spaces within the facility, and felt that the building identifier ‘128’ as described in the signage and wayfinding package was sufficient for the facility overall. It was commented that using the street address as a key site identifier will answer the obvious question of “where is it?” and this simple prompt is desirable. Given the importance attached to the naming of a building (and/or individual spaces), a further report will be provided to Council in early 2019 that provides additional detail and commentary on options available. In the lead up to that report, a process will be undertaken concerning the possible naming of the gallery space after a local artist as previously proposed by the Prospect Arts Action Network. It is noted that galleries named after a specific artist are typically dedicated to that artist’s works, rather than a ‘community’ gallery which would be expected to feature a range of artists’ works. This will be explored further through consultation.


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Localised communications have been undertaken by Council’s communications team in consultation with the builders concerning key siteworks, such as the pouring of concrete, where it is anticipated that these works will potentially have a greater impact than the ordinary construction activities undertaken on site. Notably, the project team have undertaken noise testing on site during construction activities to confirm that EPA guidelines are being satisfied. Noise monitoring will continue over coming weeks to ensure ongoing compliance with guidelines. Broader communications on the project are being maintained via the use of the Engagement Hub website https://cityofprospect.engagementhub.com.au/, which contains a record of Council’s decisions and the overall history of the project. Representatives of a nearby council met with the CLIC Project Lead to discuss the change management processes being undertaken, and noted the high level of information available and the resultant transparency and accountability afforded through the use of the website. They commended the efforts of our project team and the direction given from the CEO and Council in relation to the open and transparent nature of this significant project. Internally, the Project Executive Group (PEG) did not meet during the caretaker period as there were no critical inputs required of that group. With the design of the facility effectively complete, and with all necessary delegations in place to allow the CEO to complete the project, the role of the PEG is substantially reduced in comparison with its role during design development (and is effectively limited to review of Council reports). Given the limited role, future PEG meetings will be held on an as needs basis (rather than twice monthly as previously). CLIC Project Program and Construction Milestones

Activity on site continues at a good pace, with the lift and stair in-situ concrete pour continuing from ground to first floor, and the installation of precast panels to the same level. Structural steel was also installed on top of the ground floor slab, allowing for the installation of the grand stair from ground to first floor, followed by the first floor bondek (floor).

Kennett (the builder) provide a monthly update to the Project Control Group, which includes an overview of the activities being undertaken as well as works that are programmed for the next month. This overview is supported by detailed short-term programs, which the Builder reports against to the Project Manager. Activities on-site for November are/were:

• Structural steel – Upper ground and western deck • Concrete slab to 1st floor • Lift and stair shaft concrete • 1st floor precast • Roof and box gutter works to Eliza Hall • Internal framing to upper ground

Activities scheduled for December are:

• Structural steel – 1st floor • Preparation for concrete slab to 2nd floor • Fire rating of upper ground steel


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https://cityofprospect.engagementhub.com.au/


The images below showcase some of the activities on site during the reporting period, with a focus on steel delivery and installation from ground to first floor:


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Work continued on the first floor following the installation of bondek, with a concrete pour also undertaken during the reporting period in preparation for future works to that level.

As previously reported to Council, the program against which the team were reporting was due to be updated upon engagement of trades. The original project plan included multiple assumptions as it was based on concept plans only and was prepared ahead of engagement of trades, meaning that timeframes of each component for delivery/ construction were not certain.

The updated program (refer Attachment 3) was prepared by the Kennett Pty Ltd in consultation with the contractors and with Council’s project manager (Jim Allen & Associates). It provides a high level snapshot of planned activities until project completion. There is a far more detailed program (with approximately 400 lines of activities) that sits behind this to ensure that works are proceeding in accordance with the overarching program, with this being modified as necessary by the team to reflect progress on site and availability of trades.

The updated program has been able to remove the assumptions, but in doing so has confirmed a likely handover date to Council of Friday 4 October 2019. To re-iterate an earlier point, advice from Kennett on the differences between the previous program and the current program highlights that the original program (endorsed by Council in March 2018) was based on 60% design documentation only. The level of detail included in the building has increased since that time and the program can now be committed to with greater certainty.

Some areas where the scope and/or detail of the project has increased include the steel façade screen, which is a key feature of the building and has been developed since the original program to include different fin spacing, angles and external lighting. These require additional time for documentation and shop drawings, as well as time for testing, fabrication and installation. Internally, certain elements such as the concealed-fix perforated MDF panels (to the ground floor ceiling) increased the work hours required when compared to a standard ceiling installation. Another example of an increase in time and quality (as well as cost) is the design change on the first floor from straight-lay timber flooring to a parquetry laid timber flooring. This is a more intricate process and requires additional time to complete. These changes to quality contribute markedly to the future enjoyment of the building and, being permanent features of the building, will have lasting impact.

The structural design of the building has also contributed to additional time being allocated in the construction program, with access limitations reducing opportunity for multiple trades to be working simultaneously on the project during the structural phase of construction. For example, completion of the in-situ lift and stair shaft was required prior to installation of precast panels and structural steel, which may have otherwise been able to occur in a compressed / accelerated timeframe with multiple trades. Whilst these are acknowledged, the builder remains committed to completing construction at the earliest achievable date, and will continue to review opportunities that will enable further efficiencies to be achieved. These will be reported to Council against the updated program in due course.

As previously reported, Council administration had anticipated that additional time may be required to complete construction. As such, an extension to the lease on the Thomas Street Centre until the end of 2019 had already been secured as a contingency, whilst


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the lease for the Walkerville depot office extends to early 2020. As such, the new handover date (at the conclusion of a comprehensive commissioning and testing process) will continue to be well within the required timeframe for services to transition smoothly to the new building.

The updated program, which will continue to be monitored and reported against as the project progresses, is summarised in the table below. Completed works have been greyed out for ease of interpretation.

Further information on the background to the CLIC project and the activities undertaken to date is contained in a brief summary document (refer Attachments 4-19), which complements the information available via the Engagement Hub website.


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Financial Overview

Independent Financial Report

Rider Levett Bucknall (RLB), Council’s quantity surveyor for the CLIC project, prepares a monthly report for the Project Control Group to show project expenditure to date and projected future expenditure. Their November 2018 report showed the following:

Key points of the above analysis are: • Tendering to date has yielded letting gains in the order of $305,000 • Additional scope of works (below line items) able to be funded total in the order

of $292,000 • Additional costs of $45,000 have been included for Electrical Services / AV /

Wayfinding (screens) • An allowance for additional costs of up to $70,000 for Structural Steel for the

differences between tender drawings and shop drawings, subject to further review and confirmation

• Site contamination remediation costs $205,000 have currently been funded from contingency, but additional funding will need to be sought to reinstate the contingency (anticipated in a future Council budget review), given the site contamination was not identified as part of site preparation.

The ‘open book’ approach to understanding and approving the construction costs incurred ensures a high degree of transparency and accountability between the quantity surveyor, project manager, builder and trades, which ensures value for money is achieved while still providing appropriate compensation for quality work.


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The following ‘below the line’ additional works remain under consideration should funds allow:

• Town Hall motorised curtains - approx. $24,000 • Town Hall mechanical services – approx. $135,000 (excl. roof replacement) • Pavement adjacent Town Hall up to Cibo – approx. $30,000

In total, a Construction Contingency of $650,000 (excluding latent conditions such as soil contamination) had been established within the base budget. The graph below indicates the cumulative usage of the construction contingency budget during the construction phase to date against a projected potential spend. At this point $293,767 of contingency has been committed / approved, made up of $88,767 in letting and $205,000 for site remediation. All costs associated with additional trade works will be tracked separately and do not form part of this contingency analysis.

This graph illustrates how well the team are managing construction contingency overall, despite the significant impact that site remediation has had which is noted as the sharp jump. Ideally, as mentioned above, this latent condition would not be taken from contingency and would be funded separately so as to preserve the integrity of the project budget.

Given this budget pressure, it is anticipated that a budget review item will be brought to Council so that the site remediation can be funded separately, thereby reducing pressure on the contingency. An allocation will also be required for professional services over and above those initially contracted, to account for further consultation and design testing across the project. Similarly, alternate funding sources are being investigated to allow the delivery of ‘below the line’ items as appropriate.

Project Cashflow

Following the recent updating of Kennett’s construction programme, both RLB (Rider Levett Bucknall) and Kennett have updated their cashflow forecasts from November 2018 through to completion in October 2019 (with a final payment in November 2019 following project completion). These are illustrated in the diagram below, which includes comparison with Kennett’s original cashflow forecast.


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The actual expenditure of $3,258,027 to date is the re-set starting amount for the updated forecast from here-on (incorporating October 2018’s progress claim for works complete to 31st October 2019). RLB will continue to monitor and report on project expenditure against these baseline predictions.

Risk Analysis and Mitigation

Scope & Context

The identification and management of potential risks is an integral component to successfully managing and completing this project. Continual review of CLIC milestones (timeframes) and any impacts remains at the forefront of the project teams’ considerations.

The CLIC Project risk management and assessment process continues to be based on the following:

• Internal assessment across established risk categories – recorded in the bespoke (evolving) CLIC Risk Register

• Alignment of identified risks with recommendations provided by the independent Prudential Report and PEG

• Continual and relevant consultation across internal and external stakeholders

• Analysis of any impacts, affecting pre-determined mitigation strategies, against the current construction phase;

• Service Continuity & Provision – throughout all phases of transition and construction. This includes Transition 2 requirements.

Council’s risk assessment process provides data analysis within a unique set of criteria, including potential financial exposure should mitigation strategies not be implemented or fail, traffic light system to visualise current treatment progress that mediate and/or minimise identified risks. The Traffic Light (Progress) System & Potential Financial Exposure - Bandwidth & Ranking is outlined below:


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RED

• Not yet achieved • Treatment/mitigation process not fully

realised/finalised, requires further analysis

• May require independent / external expertise review

OR

AN

GE • Process underway

• Mitigation methodology realised & progressing

• Further impacts may require assessment - currently being reasonably managed

GR

EEN

• Process agreed / completed or reaching completion

• Mitigation protocol fully implemented - no further assessment required

• Closed (or imminent)

Risk Assessment and Mitigation

Risks have been categorised to relate to major components of the project, giving regard to individual project activities and/or processes. The CLIC Risk Register (“the Register”) provides risk analysis based Project Milestones which are (and continue to be) critical to overall project design, construction and importantly, service continuity.

The process to identify relevant risks across defined categories is aligned to internal information and the Prudential Report provided to Council. The Register includes finalised activities that have been systematically “closed out” (agreed as a completed process – Green within the Traffic Light system). These are not removed from the Register, but are greyed out to ensure that a record of the risk is maintained.

The CLIC Risk Register includes all identified risks that may impact the various project milestones of the Project. The following tables highlight fulfilled and ongoing mitigation actions and outcomes across the spectrum of risks identified within the various categories and phases of the Project.

Risk Management Summary

Actions now considered complete / fulfilled are noted in the following table:

Risk Mitigation outcomes Relates to Risk No. on Risk

Register

Traffic Light Rank

Completed actions have arisen from the following phases of CLIC: Stakeholder engagement/consultation and initial design application; Service Continuity - planning and implementation provisions,

including for preliminary transitional arrangements. WHS/Security and Evacuation processes reviewed and re-implemented;

Financial/procurement protocols for transition arrangements budgeted & implemented.

Transition relocation costs & process undertaken (Walkerville/Thomas St sites).

Community Land revocation process. Overall Concept & Design. Risk Register updated on a regular basis and reported to PEG/ELT

and Audit Committee (programmed).

20, 22, 23, 25, 32, 37, 40 GREEN

POTENTIAL FINANCIAL IMPACT IF RISK REALISED

(BANDWIDTH) $0 - $50k Insignificant $51k - $100k Minor $101k - $200k Moderate $201k - $500k Major

> $501k Catastrophic


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Service Continuity & Transition (across all Project phases) continues to be a major priority and focus, with the pending relocation of staff and Council’s customer service function from the Town Hall to the Thomas Street Centre (scheduled to commence 8 December).

Service provision requirements across all (transitional) sites of Council are analysed, with focus on IT, communications and general servicing protocols - resulting in minimal disruption across Council operations. Service Continuity provision is for all phases of the CLIC Project. The following table provides an overview of the risk mitigation processes and outcomes:


Register

Traffic Light Rank

Little interruption/disruption recorded to on-line and face to face services across the three sites - whilst transition, demolition and construction occurs. Continue to monitor.

No major issues have arisen in regards to service provision and associated systems that drive the services.

Continued Service Continuity provision for Transition from Prospect Road and Johns Road Depot. Staged as per original transition.

4, 8, 10, 29, 30 GREEN

WHS/Insurance (people and culture) and other regulatory requirements have been considered and where relevant, applied.

WHS committee (quarterly) discussions include any requirements to current Transitional sites. Any raised WHS concerns continue to be formally considered.

Revised National Heavy Vehicle Legislation (1 October 2018) to be considered as part of Council’s “chain of responsibility” requirements within Contractual arrangement with external parties.

WHS & Risk based protocols considered in the (new) design of CLIC.

18, 19 GREEN

Transitional Workplace Emergency & Business Continuity Planning protocols updated to reflect revised locations (revised BCP document finalised July 2018). Now to include further transitional arrangements.

BCP Protocol is being re distributed and implemented.

BCP to evolve once Depot/Town Hall staff relocated – December 2018.

19, 20 GREEN

Financial Management & Procurement risk identification and assessment continues to be based on accounting standards and established Council Financial protocols. Detailed information is considered within the Financial Overview component of the Report.


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Register

Traffic Light Rank

As with the Prudential Report recommendations, financial exposures have been identified and mitigation processes employed to manage issues such as project “creep” and any budget pressures.

Financial implications are included in the LTFP. Council has employed an “above & below” the line methodology to

consider and analyse a project variation outside the final scope. Independent (cost) analysis provides analysis and advice regarding

impacts to short and long term financial targets of Council.

2, 5, 26

AMBER

Third party engagement provides Council with expert advice to ensure best practice processes are considered and implemented.

A number of protocols developed to ensure project group/team operates efficiently and has an appropriate governance structure

9, 33

GREEN

Long Term Financial Planning (LTFP) includes elements of CLIC project requirements. Variation and refurbishment due to soil treatment (and removal) has

now been factored into the overall financial plan. This has been as a necessary variance to final financial cost.

6, 16

GREEN

Design, Demolition and Construction risks, from concept to design and construction, CLIC Project milestones will be carefully analysed and impacts assessed. Timing of Project milestones are crucial to overall delivery. The Project Lead works closely with all parties to ensure timeframes are met.

Risk Mitigation outcomes Relates to Risk

No. on Risk Register

Traffic Light Rank

Project Manager and Project Lead undertake regular and consistent reporting to PEG, ELT and Council on progress against project plan, project delivery and budget expenditure. Below the Line (outside of scope) requests are considered on an

individual basis and merit. Variances discussed across established protocols.

1

AMBER

CLIC’s Internal Project Lead undertakes formal analysis of impacts and risks in consultation with independent parties, project management and building contractors. Tenders and Contractual matters (including asset sales) are

communicated to Council, ELT and Project Groups, with the provision of design elements to staff (representatives), the community and key stakeholders. Cost analysis (including projected savings) determined in

consultation with relevant parties. On-going review of outcomes provided across established reporting systems

7, 17, 33

AMBER

Stage 2 of transition to consider current or existing temporary arrangements (Depot & Town Hall). Compliance with regulatory functions relating to planning and

development are considered and implemented

12, 13

GREEN


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The design of the CLIC is largely complete, with high quality finishes and detailing achieved throughout. Finer grain detail continues to be refined to maximise functionality and quality, with a particular focus on joinery and furniture. Signage and wayfinding is also progressing, with consideration given to opportunities to integrate artists’ work into the building, either as part of construction or at a later date.

The construction of the project has maintained its positive traction, with good progress on site as structural steel from ground to first floor is established and the shape of the ground floor of the building is revealed. The main feature stair and 1st floor bondek have also assisted in sparking the interest of passers-by.

The program has been recast in line with higher expectations on fit and finish, with a new completion date of 4 October 2019 now anticipated, which incorporates a considerable commissioning and defects period to ensure the facility is fully operational upon opening. Budget expenditure and cashflow has also been recast which, in combination with the earlier absorption of the remediation costs, has revealed an increased pressure on project contingency. Options are being explored to address this, with further reports to come to Council as necessary with recommendations on potential funding sources.

A continued focus on project risk ensures that any identified risks are appropriately managed, with input from the project team and Council’s Risk Officer.

ATTACHMENTS

Attachments 1-2: Butterfields Maintenance Report

Attachment 3: Updated Construction Program

Attachments 4-19: CLIC Project Background


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1

44-48 Sherriff StreetUnderdale SA 5032T: (08) 8443 2600

After Hours Emergency(08) 8378 2641

F: (08) 8443 9009E: [email protected]: butterfields.com.au

Postal AddressP.O. Box 110Torrensville SA 5031

Butterfields Services(Aust) Pty. Ltd.ABN 62 056 489 519

Maintenance Report

Work Order Description

Preventative Maintenance as per schedule

Work Order Comments

Carried out a/c maintenance on all a/c units. Found AC-3 serv8ng Harp Room to have a seized indoor Fan motor, a quotation has been submitted to repair this unit. Found all other a/c units operating - ok.Client asked how old the machines were. All 5 of the units on the townhall section have a manufacture date of 2000. Units are in poor condition and should be considered to be replaced in the next 2yrs.

Assets Scheduled for Maintenance

Client Ref Bar Code Make Model TypeACU-G5 17683200 APAC H0900 Package unitACU-G6 17683300 APAC H0900 Package unitACU-G4 17683400 APAC PO16AHR9AD Package unitACU-G7 17683500 APAC H0900 Package unitACU-A1 17683600 APAC PO30AHR9AA Package unitACU-A2 17683700 APAC PO30AHR9AA Package unitAC1.20 17681802 Daikin FXDYQ100MV1 Split Ducted Fan CoilFCU-G.19 17682601 APAC 50071HR7AL Split Ducted Fan CoilFCU-1 17682801 Temperzone 15D390Q Split Ducted Fan CoilFCU-2 17682901 Temperzone 15D390Q Split Ducted Fan CoilFCU-3 17683001 Temperzone 15D150Q Split Ducted Fan Coil

City of Prospect Completion Date: 26/06/2018Work Order No: WO58908Client Order No:Client Reference No:Site Name: Civic Centre incorporating Town Hall Civic

Office and Community CentreMonth: JunePriority Code:

Atta

chm

ent

Attachment 1 207

2

Maintenance Report

FCU-4 17683101 Temperzone 15S75Q Split Ducted Fan Coil

Asset Comments

Safety and Environmental Assessment

HazardsSite occupants Electrical & Mechanical PublicEquipment related injury Working at Heights Work Platform & PublicHeights & Public Housekeeping PressureMechanical Related Hazard Electrical injury LiftingAsbestos Confined Space Heat & SolarFire & Burns Refrigerant leakage-affixation ColdRotating plant

Work Process Hazard Preventive ActionReport to site advise client scope of works Site occupants Communicate scope of work, work area and any impact to

siteAsset Maintenance Public Isolate and danger tag circuit

Asset Maintenance Working at Heights Isolate work area with safety barrier or cones

Sign offName Technician

Carol Petoronio David ParsonsAtta

chm

ent

Attachment 2 208

Attach

ment

Attachment 3 209

Community Hub, Library and Innovation Centre

Attach

ment

Attachment 4 210

Location Options

Council was informed in September 2014 that the lease of the Thomas Street Centre, which housed Council’s Library, the Prospect Gallery and the Digital Hub, would not be extended beyond September 2019.

Over the coming months, independent research and consultation with key stakeholders and Councillors culminated in the delivery of the LibrariesAlive report in August 2015.

Lease Ends on Thomas Street Centre

Thomas Street Centre, City of Prospect

Attach

ment

Attachment 5 211

Broader community consultation was undertaken in following months, with feedback from 600 community members outlining the types of services that the community would want to see in the future.

Councillors undertook tours of community facilities and libraries, both locally and interstate, to understand what features work in contemporary facilities, and what they would like to see delivered for City of Prospect.

Community Consultation and Library Tours

Library at the Dock, City of Melbourne

Attach

ment

Attachment 6 212

In the second half of 2016, a number of sites across the city (and beyond) were identified and analysed to determine the best possible options for the new facility’s location.

With the options narrowed down to just two sites, in January 2017 Council endorsed 128 Prospect Road as the preferred site. A funding methodology was also endorsed, which included the sale of surplus land to reduce borrowings.

Site Selection

126-128 Prospect Road, Prospect

Attach

ment

Attachment 7 213

Two key project teams were formed to assist in the design and delivery of the new facility: the Project Executive Group (Councillors and senior staff) and the Community Reference Group (local community members) to participate in the co-design of the facility.

An internal Transition Team was also formed to coordinate the relocation of staff and services from the existing Civic Centre (which was to be demolished).

Project Teams Formed

Spatial Needs Analysis with the CRG

Attach

ment

Attachment 8 214

In line with the adopted Community Engagement Plan for the project, a new Engagement Hub website was established to provide the broader community with insight into the project and the decision-making processes underway.

The website includes all relevant Council reports and minutes, notes of workshop discussions, and community consultation outcomes, as well as independent expert reports that have informed key decisions.

Communications and Engagement Plans

Engagement Hub Website

Attach

ment

Attachment 9 215

A site capacity study was undertaken in April 2017 by architects Brown Falconer and Snohetta.

Informed by extensive engagement with Councillors and staff, they prepared conceptual layouts of the building to determine the ideal footprint, and therefore how much of the site could be sold for private sector redevelopment.

Site Capacity and Building Concept

Areas for the CLIC and Private Sector Redevelopment

Attach

ment

Attachment 10 216

Highly regarded agents CBRE were engaged to sell Council-owned land at 132 Prospect Road, 218 Main North Road and 82-90 Johns Road, Prospect.

The sale of the three sites exceeded market expectations, whilst also ensuring a level of control and involvement for Council in the future redevelopment of these sites.

Project Funding – Sale of Sites

82-90 and 218 Main North Road, Prospect

Attach

ment

Attachment 11 217

Following the appointment of a Project Manager (Jim Allen & Associates) and Architects (JPE Design Studio), work continued on a range of options for the design of the new CLIC facility.

In December 2017, Council unanimously endorsed the concept design for further design development and community consultation.

Concept Design Completed

Endorsed Concept Design – Prospect Road Perspective

Attach

ment

Attachment 12 218

A local family builder (Kennett Pty Ltd) was engaged to undertake the construction process in consultation with the project team, utilising a ‘managing contractor’ procurement method to maximise value for money.

Following assessment by an independent town planner, the Council (Development) Assessment Panel granted planning consent to the proposal, and further design development continued.

Builder Appointed and Planning Consent Granted

Design Development – Final Prospect Road Façade

Attach

ment

Attachment 13 219

Prior to works commencing on site, Council administration and customer service functions were relocated from the existing Civic Centre to three sites:• The Irish Harp Room and Twon

Hall (Customer Service, Planning and CHSP)

• Thomas Street Centre (Community Services, and Business and Innovation)

• Fuller Street, Walkerville (Infrastructure and Environment, and Corporate Services).

Staff and Services Transition

Community Hall and Civic Centre

Attach

ment

Attachment 14 220

Works on the demolition of the existing Civic Centre facility commenced after relocation of staff to alternate accommodation in March 2018, and were completed in May 2018.

Subsequent excavation of the site and soil testing revealed intermediate to high levels of contamination across the site, which was subject to a remediation process prior to works commencing in earnest on the new building.

Works Commence

Removal of the Civic Centre Atrium

Attach

ment

Attachment 15 221

Engagement with the community on the CLIC project continues, with opportunities such as the Prospect Spring Fair used to talk to residents, business owners and visitors about the new facility.

Community sentiment is typically high, with a strong level of interest and an appreciation for the quality of design that has been achieved.

Ongoing Engagement

Consultation Tent at the Prospect Spring Fair

Attach

ment

Attachment 16 222

Even as the building new building comes out of the ground, the design team have continued to work on refining the building’s design, with a focus on the finer grain detail including joinery, furniture and signage.

Staff are also working on operational matters, including facility management, events programming, artist integration and waste management, ahead of the facility’s completion in early October 2019.

Design Decisions Continue

Artist’s Perspective of the Main Foyer

Attach

ment

Attachment 17 223

Works will continue through to October 2019 on the delivery of this magnificent community facility, including the integration of the new building with the existing heritage-listed Town Hall.

Regular progress reports will continue to be provided so that Council and the community can be informed of the construction process and develop a strong sense of ownership of the building.

Works Continue

Structural Steel above Ground Floor

Attach

ment

Attachment 18 224

To be continued…

Attach

ment

Attachment 19 225

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