NOTICE OF COUNCIL MEETING - Coorong District Council · 2018-12-14 · Coorong District Council...

Coorong District Council

Ordinary Council Meeting Agenda 18 December 2018

NOTICE OF COUNCIL MEETING

You are hereby advised that an Ordinary Meeting of the Coorong District Council will be held at the Coorong Civic Centre Chambers, 95 – 101 Railway Terrace, Tailem Bend on 18 December 2018 commencing at 6:00pm.

Vincent Cammell CHIEF EXECUTIVE OFFICER

A G E N D A Tuesday 18 December 2018

Coorong Civic Centre Chambers, Tailem Bend 6:00pm

Civic Prayer Almighty God, help us to duly and faithfully carry out our numerous duties to the best of our judgement and ability for the advancement of this district and the benefit of all whom we are here to serve.

Amen

Indigenous Acknowledgement The Coorong District Council acknowledges the traditional owners of the land on which we meet. 1. APOLOGIES 2. CONFIRMATION OF MINUTES

Ordinary meeting (including confidential) held on 20 November 2018

Special meeting held on 26 November 2018

3. MINUTE ACTION LIST 4. QUESTIONS

4.1 Questions with Notice; Cr. Rowntree ................................................................................ 2 4.2 Questions without Notice .................................................................................................. 5

5. PETITIONS; ............................................................................................................................ Nil 6. DEPUTATIONS; ...................................................................................................................... Nil 6.1 PUBLIC QUESTION TIME ......................................................................................................... 8

Note: The page numbering is split between the sections i.e. OCEO = Office of the CEO, CC = Community & Corporate, and IA = Infrastructure & Assets

Coorong District Council

Ordinary Council Meeting Agenda 18 December 2018

7. REPORTS BY MEMBERS 7.1 MAYOR’S REPORT .......................................................................................................... 9 7.2. COUNCIL MEMBERS’ REPORTS; Councillors Hill and Qualmann ............................... 11

8. NOTICES OF MOTION ......................................................................................................... Nil 8.1 MOTIONS WITHOUT NOTICE ............................................................................................... 13 9. OFFICE OF THE CHIEF EXECUTIVE OFFICER REPORT ........................................ OCEO-1 1 Service review of organisational changes instigated from 1 July 2018 .............. OCEO-1 2 Code of Practice for access to meetings of Council and committees and Council documents - review ................................................................................ OCEO-5 3 Code of Practice for proceedings of Council and committee meetings .............. OCEO-8 4 Individual Achievement Policy (formerly Individual Sport & Cultural Policy) - review ............................................................................................................. OCEO-10 LAST PAGE ..................................................................................................... OCEO-11 10. SECTION 41 COMMITTEES AND SECTION 43 SUBSIDIARIES. ........................... OCEO-12 1 Murraylands & Riverland Local Government Association – minutes of Special meeting held 5 December 2018 ......................................... OCEO-12 2 Tintinara Community Gymnasium Committee – minutes of meeting held 5 November 2018 ...................................................... OCEO-13 LAST PAGE ..................................................................................................... OCEO-15 11. COMMUNITY & CORPORATE REPORT ......................................................................... CC-1 1 2018/19 Community events, grants & donations – round one ................................ CC-1 2 Discretionary rate rebate review (ongoing) .............................................................. CC-3 3 Monthly finance report – 30 November 2018 .......................................................... CC-5 LAST PAGE ............................................................................................................ CC-8 12. INFRASTRUCTURE & ASSETS REPORT ......................................................................... IA-1 1 Temporary road closure – 2019 Meningie Australia Day Fun Run ........................... IA-1 LAST PAGE .............................................................................................................. IA-2 13. INFORMATION DOCUMENT ..................................................... UNDER SEPARATE COVER 14. CONFIDENTIAL ITEMS ....................................................................................................... C-1

1 Confidential minute action list ..................................................................................... C-1 2 Commencement of section 184 action ....................................................................... C-1 3 2018/19 unsealed roads tender process .................................................................... C-2 LAST PAGE ......................................................................................................................... C-2

15. CLOSURE

*denotes completed item and removal will occur at following month’s agenda.

Minute Details Responsible officer

Target completion date

Notes Review

Minute action list 2018/19

260/18

Nov ADOPTION OF 2017/18 ANNUAL REPORT Moved Cr. Bland, Sec. Cr. Jaensch that: 1. Minute 236/18 (Lay on the table – adoption of 2017/18 Annual Report) be

removed from the table; 2. Council adopts the 2017/18 Annual Report as amended.

A Crossman

November 2018

Complete

220/18 Nov

PROCESS FOR THE FIRST MEETING OF COUNCIL Moved Cr. Jaensch, Sec. Cr. Leng that the report process for the first meeting of Council be received and noted.

A Crossman

November 2018

Completed

221/18 Nov

ADVICE OF CANDIDATES ELECTED Moved Cr. Leng, Sec. Cr. Bland that the report of candidates elected by received and noted by Council.

A Crossman

November 2018

Completed

222/18 Nov

MEMBER’S DECLARATION OF OFFICE Moved Cr. Qualmann, Sec. Cr. Arthur that the Member’s Declaration of Office report be received.

A Crossman

November 2018

Completed

223/18 Nov

TERM OF OFFICE Moved Cr. Arthur, Sec. Cr. Leng that the term of office for the position of Principal Member for the Coorong District Council be for a period of two (2) years.

A Crossman

November 2018

Completed

224/18 Nov

TITLE OF PRINCIPAL MEMBER Moved Cr. Bland, Sec. Cr. Rowntree that the title for the Principal Member of the Coorong District Council be Mayor.

A Crossman

November 2018

Completed

225/18 Nov

APPOINTMENT OF PRINCIPAL MEMBER Moved Cr. Arthur, Sec. Cr. Leng that Council appoint the Principal Member by election process, being exhaustive ballot.

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November 2018

Completed

226/18 Nov

CONFIRMATION OF MINUTES OF THE ORDINARY MEETING OF THE COORONG DISTRICT COUNCIL HELD ON 16 OCTOBER 2018 Moved Cr. Jaensch, Sec. Cr. Leng that the minutes of the Ordinary Meeting of the Coorong District Council held on 16 October 2018 be adopted as a true and correct record.

A Crossman

November 2018

Completed

227/18 Nov

CR. JJ ARTHUR – INTERIM GUIDELINES FOR THE MANAGEMENT OF ROADSIDE NATIVE VEGETATION SUBMISSION Moved Cr. Arthur, Sec. Cr. Qualmann that Council organise a meeting on 12 December 2018 for a group of farmers and contractors to engage with the Native Vegetation Branch, and then provide a written submission to the Coordinator Governance and Policy, Native Vegetation Branch, Department for Environment and Water, GPO Box 1047, Adelaide SA, regarding the interim changes to Native

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December 2018

Meeting with stakeholders occurred on 12 December. Submission will

December 2018




Notes Review

Vegetation Regulations and the Interim Guidelines for the Management of Roadside Native Vegetation.

be drafted to submit before 31 December 2018.

228/18 Nov

MOTION WITHOUT NOTICE Moved Cr. Jaensch, Sec. Cr. Leng that Council corresponds with the relevant State Government Ministers and representatives to: 1. Verify the ‘drought declared’ boundary zones, including the worst affected

areas; 2. Recognise relevant support programs with the intent of disseminating

throughout the Council district.

V Cammell

January 2019

Formal letters have been prepared while we actively engage with PIRSA and Regions SA to ensure that we are on target with our request / requirement and what Council wants to achieve.

January 2019

229/18 Nov

TERM & TITLE OF DEPUTY PRINCIPAL MEMBER Moved Cr. Jaensch, Sec. Cr. Bland that: 1. The term of office for the position of Deputy Principal Member for the Coorong

District Council be for a period of two (2) years; 2. The title of the Deputy Principal Member be Deputy Mayor.

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November 2018 Nov 2018

Completed Completed

230/18 Nov

APPOINTMENT OF DEPUTY PRINCIPAL MEMBER Moved Cr. Jaensch, Sec. Cr. Rowntree that Council appoint the Principal Member by election process, being Exhaustive ballot.

A Crossman

November 2018

Completed

231/18 Nov

TEMPLATE AGENDA FOR ORDINARY COUNCIL MEETINGS Moved Cr. Jaensch, Sec. Cr. Qualmann that Council endorse the agenda template as presented for the format for the Ordinary Meeting of Council:

Opening of the meeting – Civic Prayer and Indigenous acknowledgement 1. Apologies 2. Confirmation of minutes of previous meeting(s) 3. Business arising/Minute action list 4. Questions 4.1 With notice 4.2 Without notice 5. Petitions 6. Deputations 6.1 Public Question Time 7. Reports by Members’

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November 2018

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Notes Review

7.1 Mayor 7.2 Council Members 8. Notice of motion and notice without motion 9. Office of the Chief Executive Officer report 10. Section 41 committees and Section 43 subsidiaries 11. Community & Corporate report 12. Infrastructure & Assets report 13. Information Document 14. Confidential items 15. Closure

232/18 Nov

2019 COUNCIL MEETING DATES AND LOCATIONS Moved Cr. Jaensch, Sec. Cr. Hill that: 1. Council hold its ordinary Council meetings for 2019 on the third Tuesday of

each month (excepting January & June, which will be held on fourth Tuesday of the month) at the Coorong Civic Centre Chambers, 95-101 Railway Terrace, Tailem Bend;

2. Council meetings commence at 6:00pm for a six month period, and that the meeting time will be reviewed at the end of this period;

3. The 2019 Council meeting schedule be adopted as presented:

Date of meeting 18 December 2018 22 January 2019 19 February 2019 19 March 2019 16 April 2019 21 May 2019 25 June 2019 16 July 2019 20 August 2019 17 September 2019 15 October 2019 19 November 2019 17 December 2019

A Crossman A Crossman A Crossman

November 2018 November 2018 November 2018

Complete Complete Complete

233/18 Nov

COMPLETION OF PRIMARY AND ORDINARY RETURNS Moved Cr. Arthur, Sec. Cr. Leng that the newly appointed Council members Councillors Tracy Hill, Brenton Qualmann, Lisa Rowntree, Paul Simmons and Glynis Taylor complete the Primary Return Form and provide it to the Chief Executive Officer before the conclusion of the six (6) week period.

A Crossman

January 2019

January 2019




Notes Review

234/18 Nov

CAMPAIGN DONATIONS RETURN Moved Cr. Arthur, Sec. Cr. Bland that in accordance with the Local Government (Elections) Act 1999, candidates are required to lodge a campaign donations return with the Chief Executive Officer within thirty (30) days of the conclusion of the election.

A Crossman

December 2019

All returns have now been received.

Complete

235/18 Nov

PERIODIC REVIEW OF ITEMS LAID ON THE TABLE Moved Cr. Leng, Sec. Cr. Hill that Council note the items laid on the table from 18 November 2014 to 16 October 2018 (duration of previous Council term), and that all items lapse due to the general election.

A Crossman

November 2018

Complete

236/18 Nov

LAY ON THE TABLE - ADOPTION OF 2017/18 ANNUAL REPORT Moved Cr. Bland, Sec. Cr. Rowntree that Council lay the item ‘Adoption of 2017/18 Annual Report’ on the table.

A Crossman

November 2018

Item went back to Council on 26 November 2018.

Complete

237/18 Nov

APPOINTMENT OF COMMITTEE DELEGATES AND APPOINTMENT OF OBSERVERS TO NON-COUNCIL AGENCIES/ORGANISATIONS Moved Cr. Arthur, Sec. Cr. Rowntree: 1. Pursuant to section 41 of the Local Government Act 1999, Council appoint

Council Members and officers as representatives of it’s committees as follows: a. That Council appoint (1) Mayor Cr. Simmons (2) Cr. Hill (3) Cr. Taylor (4)

Cr. Rowntree, and (5) Cr. Bland, with Cr. Leng as proxy to the Audit Committee;

b. That Council appoint Cr. Rowntree with Cr. Arthur as proxy to the Coonalpyn Community Hall Committee;

c. That Council appoint Cr. Rowntree with Cr. Arthur as proxy to the Coonalpyn Soldiers Memorial Swimming Pool and Caravan Park Committee;

d. That Council appoint Cr. Taylor with Cr. Simmons as proxy to the Coorong District Bushfire Prevention Committee;

e. That Council appoint Cr. Leng with Cr. Hill as proxy to the Coorong District Local Action Plan Committee;

f. That Council appoint Cr. ..............with Cr. .............. as proxy to the Meningie Aerodrome Management Committee; *

g. That Council appoint Cr. Bland with Cr. Leng as proxy to the Meningie Cemetery Committee;

h. That Council appoint Cr. Qualmann with Cr. Taylor as proxy to the Pangarinda Botanic Garden Committee;

i. That Council appoint Cr. Simmons with Cr. Rowntree as proxy to the Moorlands Hall Committee;

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November 2018

Complete




Notes Review

j. That Council appoint Cr. Arthur with Cr. Rowntree as proxy to the Tintinara Airfield Management Committee;

k. That Council appoint Cr. Arthur with Cr. Rowntree as proxy to the Tintinara Community Gymnasium Committee;

l. That Council appoint Cr. Arthur with Cr. Simmons as proxy to the Tintinara Community Men’s Shed Committee;

m. That Council appoint Cr. Arthur with Cr. Bland as proxy to the Tintinara Homes and Community Centre Committee;

n. That Council appoint Cr. Arthur with Cr. Rowntree as proxy to the Tintinara War Memorial Hall Committee;

o. That Council appoint (1) Cr. Qualmann and (2) Cr. Taylor with Cr. Jaensch as proxy to the Tailem Bend Town Hall Committee.

2. Pursuant to section 43 of the Local Government Act 1999, Council appoint representatives to committees/associations/schemes as follows: a. That Council appoint (1) Mayor Cr. Simmons and (2) Chief Executive

Officer as Council’s representatives to the Murraylands & Riverland Local Government Association, and (1) Deputy Mayor Cr. Arthur and (2) Cr. Bland as proxies;

b. That Council appoint Cr. Bland with Cr. Simmons as proxy to the Murray Mallee Community Transport Scheme (until 31 December 2018);

c. That Council appoint Mayor Cr. Simmons and Director Infrastructure & Assets to the Murray & Mallee Local Government Association Regional Transport Strategy Committee;

d. That Council appoint the Director Infrastructure & Assets to the Murray & Mallee Local Government Association Zone Emergency Management Committee;

e. That Council appoint the Environmental Health Officer to the Murraylands & Riverland Regional Public Health Plan Committee.

3. Pursuant to section 101(a) of the Development Act 1993 appoint (1) Cr. Bland as Chairperson, and (2) Cr. Rowntree (3) Cr. Leng (4) Cr. Taylor (5) Cr. Hill as committee members and Cr. Jaensch as proxy to the Strategic Planning and Development Policy Committee;

4. That Council appoint Mayor Cr. Simmons and Deputy Mayor Cr. Arthur to the Local Government Association of South Australia;

5. That Council appoint Mayor Cr. Simmons and Deputy Mayor Cr. Arthur to the Local Government Finance Authority of South Australia;

6. That Council appoint (1) Mayor Cr. Simmons (2) Cr. Jaensch (3) Cr. Hill (4) Cr. Arthur and (5) Cr. Qualmann as proxy to the Australia Day Awards Sub-




Notes Review

Committee; 7. That Council appoint (1) Cr. Leng (2) Cr. Rowntree (3) Cr. Bland to the Coorong

Arts & Cultural Advisory Committee; 8. That Council appoint Cr. Simmons with Cr. Taylor as proxy to the Coorong CFS

Group; 9. That Council appoint Cr. Qualmann with Cr. Bland as proxy to the Coorong

Health Service – Health Advisory Council; 10. That Council appoint Cr. Bland with Cr. Simmons as proxy to the Jallarah

Homes Inc. Committee; 11. That Council appoint Cr. Leng with Cr. Simmons as proxy to the Mallee and

Coorong Local Government NRM Advisory Group; 12. That Council appoint Cr. Leng with Cr. Hill as proxy to the Meningie Ambulance

Group; 13. That Council appoint Cr. Bland with Cr. Hill as proxy to the Meningie Area

School Governing Council; 14. That Council appoint Cr. Hill with Cr. Bland as proxy to the Meningie Progress

Association; 15. That Council appoint Cr. Qualmann and Cr. Leng with Cr. Hill as proxy to the

Murray Darling Association and Murray Darling Association Region 6; 16. That Council appoint Cr. ..............with Cr. .............. as proxy to the Murray

Mallee Aged Care Group;* 17. That Council appoint Cr. ..............with Cr. .............. as proxy to the Murray

Watch Committee;* 18. That Council appoint Cr. Qualmann with Cr. Taylor as proxy to the Tailem Bend

Community Centre; 19. That Council appoint Cr. Qualmann with Cr. Jaensch as proxy to the Tailem info

Station Committee; 20. That Council appoint Cr. Taylor with Cr. Jaensch as proxy to the Tailem Bend

Progress Association; 21. That Council appoint Cr. Arthur with Cr. Rowntree as proxy to the Tintinara

Ambulance Group; 22. Appoint Mayor Cr. Simmons (2) Chief Executive Officer with (3) Cr. Leng as

proxy to the Limestone Coast Local Government Association; 23. That Council appoint Cr. Arthur with Cr. Rowntree as proxy to the Box Flat

Dingo Control Coordinating Committee; 24. That Council appoint Cr. Leng with Cr. Bland as proxy to the Lower Lakes &

Coorong Tourism and Boating Group; 25. That Council appoint Cr. Qualmann with Cr. Leng as proxy to the Coorong




Notes Review

Suicide Prevention Network. 238/18

Nov MOTION WITHOUT NOTICE Moved Cr. Bland Sec. Cr. Jaensch that Council appoint Cr. Hill and Cr. Simmons as proxy to the Long Nosed Fur Seal Working Group.

A Crossman

November 2018

Complete

239/18 Nov

MOTION WITHOUT NOTICE Moved Cr. Rowntree, Sec. Cr. Arthur that Council form a finance committee and that the Chief Executive Officer provide a draft Terms of Reference to Council for approval in January 2019

V Cammell

January 2019

January 2019

240/18 Nov

TRANSFER OF MURRAY MALLEE COMMUNITY TRANSPORT SCHEME VEHICLES TO TAILEM BEND COMMUNITY CENTRE Moved Cr. Jaensch, Sec. Cr. Taylor that Council: 1. Transfers ownership of the vehicles detailed below to the Tailem Bend

Community Centre: a. Toyota Aurion Sedan (S112BIS) - CAR 1

Purchased - 25/11/2015 WDV $16,440.17

b. Toyota Aurion Sedan (S214BRG)-CAR 2 Purchased - 28/06/2017 WDV $24,213.82;

2. Authorise the preparation of a Deed of Transfer outlining that the vehicles are to be used for the purpose of fulfilling the contract to the Minister of Human Services for the provision of the Murray Mallee Community Passenger Network;

3. Authorise the Mayor and Chief Executive Officer to sign and affix the Council seal to execute the Deed of Transfer;

4. That the Deed of Transfer be in place for a period of 12 months; 5. Amend the Chief Executive Officer’s agenda report for this item to record the

loss on transfer as an operating loss for the Murray Mallee Community Transport Scheme.

V Cammell V Cammell A Crossman V Cammell V Cammell

December 2019 December 2019 December 2019 December 2019

All items are being actioned for end of December (finalisation of MMCTS).

December 2019 December 2019 December 2019 December 2019

241/18 Nov

LAKES & COORONG FISHERY CONSULTATIVE COMMITTEE – APPOINTMENT OF COUNCIL REPRESENTATIVE Moved Cr. Arthur, Sec. Cr. Rowntree that Council: 1. Request approval from the Lakes & Coorong Fishery Consultative Committee

for a Council Member to be appointed as a formal member of the group; 2. Appoint Cr. Hill, and Cr. Leng as proxy to the Lakes & Coorong Fishery

Consultative Committee.

A Crossman A Crossman

December 2018 December 2018

Request will be actioned by end of year.

December 2018 Complete

242/18 Nov

COUNCIL MEMBERS ALLOWANCE, BENEFITS & SUPPORT POLICY REVIEW Moved Cr. Taylor, Sec. Qualmann that the Council Members’ allowance be paid quarterly, in arrears.

N Traeger

November 2018

Complete




Notes Review

243/18 Nov

COUNCIL MEMBERS ALLOWANCE, BENEFITS & SUPPORT POLICY REVIEW Moved Cr. Rowntree, Sec. Cr. Taylor that the Mayor’s credit card limit be $3,000.

N Traeger

November 2018

Complete

244/18 Nov

COUNCIL MEMBERS ALLOWANCE, BENEFITS & SUPPORT POLICY REVIEW Moved Cr. Arthur, Sec. Cr. Bland that Council adopts the Council Members Allowance, Benefits & Support Policy as amended.

N Traeger

November 2018

Complete

245/18 Nov

MENINGIE CEMETERY COMMITTEE – MINUTES OF MEETING HELD 8 OCTOBER 2018 Moved Cr. Bland, Sec. Cr. Leng that Council receive the minutes of the Meningie Cemetery Committee meeting held on 8 October 2018 and that the recommendations be forwarded to the relevant department for consideration.

A Crossman

November 2018

Complete

246/18 Nov

TINTINARA WAR MEMORIAL HALL COMMITTEE – MINUTES OF MEETING HELD 16 OCTOBER 2018 Moved Cr. Arthur, Sec. Cr. Rowntree that Council receive the minutes of the Tintinara War Memorial Hall Committee meeting held on 16 October 2018 and that the recommendations be forwarded to the relevant department for consideration.

A Crossman

November 2018

Complete

247/18 Nov

MURRAYLANDS & RIVERLAND LOCAL GOVERNMENT ASSOCIATION – MINUTES OF MEETING HELD 12 OCTOBER 2018 Moved Cr. Leng, Sec. Cr. Hill that Council receive the minutes of the Murraylands & Riverland Local Government Association meeting held on 12 October 2018.

A Crossman

November 2018

Complete

248/18 Nov

MURRAY MALLEE COMMUNITY TRANSPORT SCHEME MANAGEMENT BOARD – MINUTES OF MEETING HELD 7 NOVEMBER 2018 Moved Cr. Leng, Sec. Cr. Rowntree that Council receive the minutes of the Murray Mallee Community Transport Scheme (MMCTS) Management Board meeting held on 7 November 2018.

A Crossman

November 2018

Complete

249/18 Nov

ANIMAL MANAGEMENT PLAN 2018-2023 Moved Cr. Arthur, Sec. Cr. Bland that Council adopts the Animal Management Plan 2018-2023 as tabled.

N Traeger

November 2018

Complete

250/18 Nov

2019/20 ANNUAL BUSINESS PLAN & BUDGET TIMETABLE Moved Cr. Leng, Sec. Cr. Arthur that Council adopts the draft 2019/20 Annual Business Plan & Budget timetable as amended at the meeting to include four community engagement meetings held in the evening during May 2019.

N Traeger

November 2018

Complete

251/18 Nov

TEMPORARY ROAD CLOSURE – 2018 TAILEM BEND CHRISTMAS PARADE Moved Cr. Qualmann, Sec. Cr. Rowntree that Council: 1. Approve the temporary road closure for the 2018 Tailem Bend Christmas

Parade as an event under section 33 of the Road Traffic Act 1961 on Saturday 15 December 2018;

2. Consent to the Commissioner of Police issuing a Road Closure Order pursuant

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November 2018 November

Complete Complete




Notes Review

to section 33 of the Road Traffic Act for the temporary closure of the following roads from 4.30 pm to 7.30 pm;

Railway Terrace from Parklands Terrace to Mallee Street Mallee Street from Railway Terrace to Murray Street Murray Street from Mallee Street to South Terrace South Terrace from Murray Street to Railway Terrace

3. Consent to the Commissioner of Police issuing a Road Closure Order pursuant to section 33 of the Road Traffic Act for the temporary closure of the following roads from 7:30pm to 10:30pm; Railway Terrace from Town Hall to Elders Real Estate Murray Street from Town Hall to Smedley Tyre Service Willow Street at the intersection of Murray Street

4. In accordance with section 33(3) of the Road Traffic Act at least two (2) clear days prior to the event, Council advertise a copy of this order in the local newspaper(s);

5. Install and remove appropriate traffic control devices by suitably qualified Council employees to give effect to the closure;

6. Advise the Department of Planning, Transport and Infrastructure accordingly.

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2018 November 2018 December 2018 December 2018 December 2018

Complete Complete Complete Complete

252/18 Nov

COUNCIL ASSESSMENT PANEL – COUNCIL MEMBER APPOINTMENT Moved Cr. Leng, Sec. Cr. Jaensch that Council: 1. Appoints Cr. Leng as Council Member to the Council Assessment Panel,

pursuant to Section 83 (1)(b) of the Planning Development and Infrastructure Act, for the current term of the Assessment Panel ending 1 October 2019 (unless legislation requires an earlier consideration).

2. Appoints Cr. Qualmann as Deputy Council Member to the Council Assessment Panel, pursuant to Section 83 (1)(b) of the Planning Development and Infrastructure Act, for the current term of the Assessment Panel ending 1 October 2019 (unless legislation requires an earlier consideration).

K Schilling K Schilling

November 2018 November 2018

Complete Complete

253/18 Nov

MOTION WITHOUT NOTICE Moved Cr. Arthur, Sec. Cr. Taylor that Council note the letters to and from Marmon Pastoral as tabled at the November 2018 Ordinary Council meeting.

A Crossman

November 2018

Complete

257/18 Nov

UPDATE OF SECTION 184 ACTION – PROPERTIES APPROVED FOR SALE DUE TO NON PAYMENT OF RATES Moved Cr. Arthur, Sec. Cr. Rowntree that Council receives and notes the report in relation to the status of properties previously approved for action in accordance with s184 of the Local Government Act 1999.

N Traeger

November 2018

Complete

259/18 2019 AUSTRALIA DAY AWARDS




Notes Review

Nov Moved Cr. Jaensch, Sec. Cr. Bland that Council: 1. Receives the minutes of the Australia Day Awards Committee meeting held 6

November 2018; 2. Endorses the 2019 Australia Day Awards recipients as follows:

Citizen of the Year Ian Qualmann Meningie Trevor Johnson Peake Lynton Piggott Tailem Bend Joyce Medlow Tailem Bend Jim & Jacki Cunningham Tintinara Community Event of the Year Murraylands Ambrose, Scrambrose & LALA Classic Meningie Community Project of the Year Coorong Cottage Industries (CCI) Meningie Tailem Bend Community Centre Bucket List Tailem Bend Tintinara Nature Playground Tintinara

A Crossman

November 2018

Complete

203/18 Oct

CR. VA LENG – REVIEW OF RV DUMP POINTS Moved Cr. Leng, Sec. Cr. Wright that Council, in consultation with the Caravan and Motorhome Club of Australia (CWCA), review its RV Dump Points so as to cost and facilitate over the following budget periods, the staged upgrade of water supply and hygienic facilities.

N Traeger

March 2019

March 2019

204/18 Oct

MOTIONS WITHOUT NOTICE Moved Cr. Middleton, Sec. Cr. Barrie that Council direct that a report be prepared on the various options available for the provision of a hard waste service for all areas currently serviced by the township rubbish waste collection service (excluding the en-route and bin bank collection services), which includes:

a. Cost estimates for the delivery of this service; b. Various timing opportunities and collection methods.

D Mosel

February 2019

February 2019

213/18 Oct

FEDERAL GOVERNMENT GRANT FUNDING OFFER – KULDE ROAD Moved Cr. Leng, Sec. Cr. Barrie that Council: 1. Accept the Department of Infrastructure, Regional Development and Cities’

offer of funding through the Heavy Vehicle Safety and Productivity Program (HVSPP) Round Six of $532,000 to carry out construction works to widen a portion of Kulde Road, Tailem Bend.

2. Consent to the Chief Executive Officer authorising the final design and extent of work as approved within this grant offer.

3. Authorise the raising of a Debenture Loan through the Local Government Finance Authority for the required co-contribution necessary to support the

A Crossman V Cammell J Thompson

October 2018 November 2018 February 2019

Commenced – draw down of

Complete Complete February 2019




Notes Review

receipt of HVSPP funding. 4. Authorise the Mayor and Chief Executive Officer to sign and affix the Council

seal to execute all documentation necessary to accept and facilitate the project funding.

D Mosel

February 2019

funds in Feb 2019 February 2019

219/18 Oct

TEMPORARY ROAD CLOSURE – 2018 MENINGIE CHRISTMAS PAGEANT Moved Cr. Leng, Sec. Cr. Barrie that Council: 1. Approve the temporary road closure for the 2018 Meningie Christmas Pageant

as an event under section 33 of the Road Traffic Act 1961 on Saturday 9 December 2018;

2. Consent to the Commissioner of Police issuing a Road Closure Order pursuant to section 33 of the Road Traffic Act for the temporary closure of the following roads from 3.00 pm to 5.00 pm; Assemble at the Meningie Golf Club, intersection South Terrace and West

Terrace; Travel North along West Terrace, turn left onto Narrung Road; Travel approximately 300 metres South-West along Narrung Road to the

Meningie Oval driveway, where the pageant will enter into the oval grounds;

3. In accordance with section 33(3) of the Road Traffic Act at least two clear days prior to the event, Council advertise a copy of this order in the local newspaper(s);

4. Install and remove appropriate traffic control devices by suitably qualified Council employees to give effect to the closure;

5. Advise the Department of Planning, Transport and Infrastructure accordingly. 6. Delegate to the Chief Executive Officer authority to liaise with emergency

services regarding operation of the helipad and road control during the event.

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October 2018 October 2018 November 2018 November 2018 November 2018

Complete Complete Complete Complete Complete

144/18 Aug

MOTION WITHOUT NOTICE Moved Cr. Arthur, Cr. Middleton that Council request the Mutual Liability Scheme to inspect and require a report on the requirements for assessment of the train at the Tailem Bend Train Playground.

D Mosel

January 2019

Discussions have been had with the Mutual Liability Scheme, with a risk assessment also being undertaken. A proposed design has been completed with costings

January 2019




Notes Review

undertaken. A report will be presented to Council at a later time. Council have also applied for funding via the Mutual Liability Scheme to assist in rectifying the identified risks.

149/18 Aug

MURRAY MALLEE COMMUNITY TRANSPORT SCHEME (MMCTS) – WIND UP OF SECTION 43 REGIONAL SUBSIDIARY Moved Cr. Leng, Sec. Cr. Wright that Council resolve: 1. That conditional upon the other constituent councils passing a resolution to the

same effect: 1.1. (Statutory request to wind up):

1.1.1. The Council acting jointly with the other constituent councils make request of the Minister for Transport, Infrastructure and Local Government under clause 33(1) of Schedule 2 of the Local Government Act 1999 for Murray Mallee Community Transport Scheme (MMCTS) to be wound up on 31 December 2018.

1.1.2. The request of each constituent council be communicated by the one letter sent by the chief executive officer (or any person at the time acting in that position) of Coorong District Council, such letter to be in form as agreed with authorised representatives of the other 2 constituent councils respectively.

1.2. (Proportionate liability) The Council agrees that for the purposes of clause 33(3) of Schedule 2 of the Local Government Act 1999 and clauses 10.3, 17.2 and 17.3 of the Charter of MMCTS the proportions of the constituent councils are:

1.2.1. Coorong District Council (64.4%); 1.2.2. District Council of Karoonda East Murray (11.6%); and 1.2.3. Southern Mallee District Council (24%).

1.3. (Community passenger network service) The Council acting jointly with the other constituent councils and under clause 26 of Schedule 2 of the Local Government Act 1999 directs MMCTS to notify promptly and in

V Cammell

December 2018

All parts of the resolution are currently being actively applied. CEO has had several meetings and teleconferences with Department for Human Services and MMCTS re: transition plan. Tailem Bend Community Centre won the tender for the Murray Mallee CPN contract. A report will go to November 2018 meeting regarding

December 2018




Notes Review

writing the Minister for Human Services and that: 1.3.1. MMCTS is intended to be wound up on 31 December 2018; 1.3.2. MMCTS is terminating the Funding Agreement in 2012 made between

predecessors of the Minister and MMCTS, effective 31 December 2018 or such earlier date as the parties may agree;

1.3.3. the Service Agreement (as varied) made under that Funding Agreement and now on foot between the Minister and MMCTS would terminate at the same time;

1.3.4. MMCTS awaits direction from the Minister as to: a. the provision by MMCTS to the Minister of such financial or

other information, expenditure or other reports not previously provided under the above contracts;

b. the application by MMCTS of any Unexpended Allocated Funds under the above contracts;

1.3.5. MMCTS recommends that effective on the date the above contracts terminate, the Minister appoint a replacement provider of services as then remain to be provided;

1.3.6. the constituent councils of MMCTS recommend Tailem Bend Community Centre would be a viable replacement provider of those services; and

1.3.7. the constituent councils of MMCTS are amenable to consider transfers of fixed assets to Tailem Bend Community Centre, if the Centre was appointed as the replacement provider.

1.4. (Murray Mallee Medical service coordination) The Council acting jointly with the other constituent councils and under clause 26 of Schedule 2 of the Local Government Act 1999 directs MMCTS to notify promptly and in writing the Department of Planning, Transport and Infrastructure and also Peter Stone that:

1.4.1. MMCTS is intended to be wound up on 31 December 2018; 1.4.2. MMCTS is withdrawing from the Memorandum of Understanding in

2013 made between the Department, Murray Transport Connections/Mid Murray Council, MMCTS and Mr Stone, effective 31 December 2018 or such earlier date as the parties may agree;

1.4.3. MMCTS offers its cooperation in the orderly transitioning of its services under the Memorandum of Understanding to a replacement provider;

1.4.4. MMCTS recommends that effective on that date the Department and Mr Stone appoint a replacement provider of MMCTS' services as then

transfer of vehicle assets.




Notes Review

remain to be provided; and 1.4.5. the constituent councils of MMCTS recommend Tailem Bend

Community Centre would be a viable replacement provider of those services.

1.5. (MMCTS commitments) The Council acting jointly with the other constituent councils and under clause 26 of Schedule 2 of the Local Government Act 1999 directs MMCTS to not incur new material monetary obligations pending winding up of MMCTS (disregarding obligations required by law or for which binding commitment was made by MMCTS before receipt of the direction and consistent with the business plan and budget in force at 1 July 2018).

1.6. (MMCTS employees) The Council acting jointly with the other constituent councils and under clause 26 of Schedule 2 of the Local Government Act 1999 directs MMCTS to:

1.6.1. not amend, or agree to amend, any terms or conditions of employment of its employees (disregarding any amendment required by law or an industrial award applicable to the employee concerned);

1.6.2. notify promptly in writing its employees that MMCTS is intended to be wound up on 31 December 2018 and that their services will not be required after that date.

1.7. (MMCTS publicity) The Council acting jointly with the other constituent councils and under clause 26 of Schedule 2 of the Local Government Act 1999 directs MMCTS not to make public comment (including on social media) about the proposed winding up of MMCTS except in such manner and form approved in advance by the chief executive officer of Coorong District Council (or person acting in that position) after his / her consultation with authorised representatives of the other 2 constituent councils respectively.

1.8. (CEO oversight) The Council acting jointly with the other constituent councils and under clause 26 of Schedule 2 of the Local Government Act 1999 (and under section 44 of the Local Government Act 1999) directs MMCTS to act promptly upon all lawful directions regarding the above matters as may be given by the chief executive officer of Coorong District Council (or person acting in that position), including as to:

1.8.1. notices or letters from MMCTS to the Minister for Human Services, the Department for Planning, Transport and Infrastructure, Mr Stone or any MMCTS employee respectively;

1.8.2. any negotiations with the Minister for Human Services, the




Notes Review

Department for Planning, Transport and Infrastructure and / or Mr Stone for a replacement provider of services presently provided by MMCTS under the Funding Agreement / Service Agreement / Memorandum of Understanding respectively;

1.8.3. the form and content of any documents to be executed by MMCTS to either:

a. terminate the Funding Agreement / Service Agreement / Memorandum of Understanding respectively; or

b. transition to a replacement provider of those services presently provided by MMCTS under the Funding Agreement / Service Agreement / Memorandum of Understanding respectively;

1.8.4. the execution by MMCTS of any document/s referred to immediately above.

1.9. (MMCTS liquidation) The Council acting jointly with the other constituent councils and under clause 26 of Schedule 2 of the Local Government Act 1999 directs MMCTS that, after accounting to the Minister for Human Services under the Funding Agreement / Service Agreement referred to earlier, MMCTS:

1.9.1. sell at market values its tangible assets no later than 31 December 2018, provided that MMCTS may arrange for a constituent council to take a transfer at market value of an asset towards satisfying that council's entitlement to share in net assets of MMCTS;

1.9.2. in the winding up process, reimburse Coorong District Council for any reasonable, external, expenses incurred by Coorong District Council in facilitating the winding up, conditional upon Coorong District Council issuing a tax invoice for those expenses;

1.9.3. no later than 31 October 2018, have prepared and given to each of its constituent councils:

a. a list of tangible assets then on hand; and b. management (unaudited) financial statements of MMCTS for the

period 1 July 2018 to 31 October 2018; and c. projected management (unaudited) financial statements of

MMCTS for the period 1 July 2018 to 31 December 2018; 1.9.4. no later than 31 December 2018, to the extent not already given, give

(in electronic format accessible by commercially available software) a copy of its operational records to the chief executive officer of each constituent council respectively;

1.9.5. no later than 31 December 2018, vacate in clean, tidy, safe and




Notes Review

sanitary condition such of Coorong District Council's premises as MMCTS occupies;

1.9.6. no later than 31 December 2018, return in fair condition to Coorong District Council any office equipment or other office supplies on loan from Coorong District Council;

1.9.7. generally take such other steps as desirable for orderly winding up of its affairs and consistent with the above provisions of this entire resolution; and

1.9.8. distribute its net assets (if any) to its constituent councils in the proportions stated in resolution 1.2 above.

1.10. (Constituent councils' publicity) The chief executive officer (or any person at the time acting in that position) be authorised to prepare in form, content, manner and timing to be agreed with authorised representatives of the other 2 constituent councils respectively such media (including social media) joint communications of the winding up of MMCTS as thought desirable. At a minimum, the message must include that each constituent council separately:

1.10.1. is committed to ensuring there is no gap in transport services to the region, and working with the Minister for Human Services to ensure a smooth transition;

1.10.2. has recommended, or proposes to recommend, to the Minister that Tailem Bend Community Centre would be a viable delivery agency for future services.

1.11. (Copy of this resolution) That the chief executive officer provide promptly a copy of this entire resolution to MMCTS.

153/18 Aug

AMENDMENT TO MINUTE 133/18 – INTENTION TO GRANT A LEASE TO TELSTRA CORPORATION LIMITED Moved Cr. Leng, Sec. Cr. Simcock that Council agree to amend the resolution contained in minute 133/18 to read as follows: 1. Council commence a period of community engagement in relation to its

intention to grant a lease or licence to Telstra Corporation Limited (Telstra) over a portion of land contained in CT 6026/663, for a period of five (5) years, with a five (5) year right of renewal.

2. The recommended market rate for the Lease or Licence is reported to Council at the conclusion of the community engagement period and planning approval process.

3. Due to the upcoming elections caretaker period, the outcomes of the community engagement process will be reported at the 19 November 2018

D Mosel

November 2018

Telstra have finalised their chosen site on the allotment. Will proceed to Community Engagement.

January 2019




Notes Review

ordinary Council meeting. 154/18

Aug AMENDMENT TO MINUTE 218/17 – GRANT OF LICENCE TO MENINGIE PROGRESS ASSOCIATION Moved Cr. Leng, Sec. Cr. Barrie that Council agree to amend resolution contained in minute 218/17 to read as follows: 1. Agree to grant a licence over a portion of Section 344 Hundred Bonney

contained in Crown Record 5594/374 as shown on the plan annexed to this report, to Meningie Progress Association for the purposes of erecting a storage shed;

2. Grant the licence for a term of five (5) years with a right of renewal for a further five (5) years at an annual fee of one dollar ($1) (if demanded) and waive initial costs for the preparation of the agreement;

3. Consult with representatives of Crown Land in relation to the proposed licence; 4. Authorise the Mayor and Chief Executive Officer to affix the common seal of

Council to the licence agreement.

D Mosel

November 2018

Community consultation to Commence and will consult with crown lands. Progress association are seeking funding for project.

January 2019

163/18 Aug

COORONG ARTS & CULTURAL ADVISORY COMMITTEE – MINUTES OF MEETING HELD 24 JULY 2018 Moved Cr. Middleton, Sec. Cr. Bland that: 1. Council receives the minutes of the Coorong Arts & Cultural Advisory

Committee meeting held 24 July 2018. 2. Council forward a letter of appreciation to the Tintinara Community Men’s shed

for their donation of the Mallee Lights to the Tinti Lights Up Committee. 3. Council apply to Country Arts SA for seed funding to develop design concepts

for the Tailem Bend Water Tower. 4. In relation to the Tailem Bend Entrance Statement concept project, a meeting is

scheduled to integrate all elements of design and public art with the aim of clarifying roles, expectations and responsibility of the Coorong Arts & Cultural Advisory Committee.

N Traeger N Traeger N Traeger N Traeger

August 2018 August 2018 February 2019 Ongoing

This project is on hold pending funding allocation.

Complete Complete Ongoing On hold

178/18 Aug

COMMENCEMENT OF SECTION 184 ACTION Moved Cr. Simcock, Sec. Cr. Arthur that Council authorises the Chief Executive Officer to invoke s184 of the Local Government Act 1999 for sale of property for non payment of council rates located at Lot 8 Narrung Stud Road, Narrung.

N Traeger

March 2019

s184 notice ordered 28/09/2018. Payment arrangement now in place.

Ongoing




Notes Review

179/18 Aug

COMMENCEMENT OF SECTION 184 ACTION Moved Cr. Simcock, Sec. Cr. Arthur that Council authorises the Chief Executive Officer to invoke s184 of the Local Government Act 1999 for sale of property for non payment of council rates located at 64 Lomandra Road, Elwomple.

N Traeger

November 2018

s184 notice ordered 28/09/2018, demand served 16/10/2018, expires 16/11/2018.

Ongoing




Notes Review


122/18

Jun INTENTION TO GRANT LEASE – TAILEM BEND GOLF CLUB INC. Moved Cr. Leng, Sec. Cr. Wright that Council: 1. Commence a period of community engagement concerning its intention to grant

a lease or licence over a portion of Certificate of Title Volume 5754 Folio 502, as indicated in the plan annexed to this report, for a period of five (5) years with a right of renewal for a further five (5) years, to Tailem Bend Golf Club Inc.

2. Apply for the consent of the Minister to grant a lease or licence over Crown Land.

3. Sets the initial annual rent in accordance with Council’s schedule of fees and charges, and subject to annual Consumer Price Index increases.

4. Agrees that any fees associated with the preparation of the new lease or licence agreement be met by the Tailem Bend Golf Club Inc.

5. Subject to no negative feedback being received during the community engagement period, authorise the Chief Executive Officer and Mayor to affix the Council seal to execute the relevant lease or licence documentation.

J O’Brien J O’Brien J O’Brien J O’Brien A Crossman

August 2018 August 2018 August 2018 August 2018 August 2018

Complete Applying for consent Complete

Awaiting invoice from solicitor Once consent from Minister is received

January 2019

123/18 Jun

DEED OF ASSIGNMENT & INTENTION TO LEASE – ‘OLD BUS DEPOT’ 26 ALBERT ROAD, MENINGIE Moved Cr. Barrie Sec. Cr. Wright that: 1. Council endorses the preparation of a Deed of Assignment of the Lease in

respect to the ‘Old Bus Depot’ 26 Albert Road, Meningie, CT 5673/185, Section 311, Hundred of Bonney, in accordance with the lease document, from RS & L Brooks (Trading as South Oz Pipis) to B.J. Brooks (Trading as South Oz Pipis).

2. The Deed of Assignment preparation fee be met by B.J. Brooks (Trading as South Oz Pipis).

3. Council authorise the Mayor and Chief Executive Officer to sign and affix the Council seal to the Deed of Assignment.

4. The following items will be brought back to the next Council meeting for consideration:

I. Council commence a period of Community Engagement, in accordance with Council’s policy, regarding it’s proposed intention to lease the ‘Old Bus Depot’ 26 Albert Road, Meningie, CT 5673/185, Section 311, Hundred of Bonney to B.J. Brooks, trading as ‘South Oz Pipis’ for a term of five (5) years upon expiry of the current Lease Agreement.

II. If no negative submissions are received, Council authorise the Mayor and Chief Executive Officer to affix the Council seal and execute a

J O’Brien J O’Brien J O’Brien J O’Brien

August 2018 August 2018 August 2018 August 2018

Lease has expired - will enter into new lease with BJ Brooks.

Complete Complete Complete January 2019




Notes Review

Lease Agreement to B.J. Brooks, Trading as ‘South Oz Pipis’ over the ‘Old Bus Depot’ 26 Albert Road, Meningie, CT 5673/185, Section 311, Hundred of Bonney.

III. The commencing annual rent be $2,150.00 (exclusive of GST), in line with the current rental.

084/18May

MOTION WITHOUT NOTICE Moved Cr. Arthur, Sec. Cr. Simcock that Council provide a report on the suitability of the four picnic tables offered by TRADE, and manufactured by the Tintinara Community Men’s Shed, for installation at the new nature playground in Tintinara.

D Mosel

September 2018

Following a review of the seating it has been identified that they are suitable for this application, however any further proposed replacements of the seats will need to be assessed taking into consideration DDA compliance and other relevant standards.

Complete

044/18 Mar

MOTION WITHOUT NOTICE Moved Cr. Arthur, Sec. Cr. O’Hara that staff investigate and present to Council a plan for camping charges at the Narrung Reserve and the Coonalpyn Caravan Park.

V Cammell

June 2018

An update was provided to Council on 24-07-2018.

Ongoing

034/18 Feb

COMMENCEMENT OF SECTION 184 ACTION Moved Cr. Wright, Sec. Cr. Barrie that Council authorises the Chief Executive Officer to invoke s184 of the Local Government Act 1999 for sale of property for non payment of rates located at 318 Mallee Highway, Elwomple.

N Traeger

December 2018

Further action on hold until 23/11/2018.

Ongoing

035/18 Feb

COMMENCEMENT OF SECTION 184 ACTION Moved Cr. Wright, Sec. Cr. Barrie that Council authorises the Chief Executive Officer to invoke s184 of the Local Government Act 1999 for sale of property for non payment of council and water rates located at 4532 Mallee Highway, Peake.

N Traeger

December 2018

S184 notice served 31/07/2018. Commissioner of Lands also served 25/09/2018.

Ongoing




Notes Review

Awaiting permission to sell due to being leasehold.

266/17 Dec

GRANT OF EASEMENT FOR WATER PURPOSES OVER LOT 202 WASHPOOL ESTATE Moved Cr. Leng, Sec. Cr. Simcock that Council: 1. Agree to the granting of an easement in favour of Lots 201, 90 & 91 Washpool

Estate across Allotment 202 Washpool Estate Certificate of Title Volume 6166 Folio 507 for water pipeline purposes with no consideration being payable;

2. Authorise the Mayor and the Chief Executive Officer to affix the Council seal to any documentation required to give effect to the easement.

J O’Brien J O’Brien

February 2018 April 2018

Documents being signed by easement holders. Mayor and CEO to sign, and documents to be lodged.

Complete January 2019

241/17 Nov

ROAD CLOSURE – UNMADE PORTION OF DUKES HIGHWAY ADJACENT TO THE BEND MOTORSPORT PARK Moved Cr. Simcock, Sec. Cr. Leng that Council: 1. Authorises the engagement of a surveyor for the purpose of the

commencement of the process to close a portion of public road adjacent to the Dukes Highway, which runs adjacent to Lot 100 Hundred of Seymour Deposited Plan D14646, Certificate of Title 5428/702 and Allotment 1 Hundred of Seymour Deposited Plan 110243 Certificate of Title 6161/911 (as indicated on the attached plan), in accordance with the Roads (Opening & Closing) Act 1991 including; preparation of preliminary plans; preparation of a statement of affected parties; and undertaking of community engagement.

2. Delegates authority to the Chief Executive Officer to negotiate; the final area of road to be closed; conditions and consideration for any transfer of land; the road closure is to be at no cost to Council; and an agreement for Council’s costs for the road closure process subject to;

o the outcome and Council direction as a result of the community engagement; and

o successful completion of the Road Process Order; 3. Pursuant to section 37(b) of the Local Government Act 1999, authorises the

D Mosel D Mosel D Mosel


Awaiting plan details and information from Peregrine Process commenced.

December 2018




Notes Review

Mayor and Chief Executive Officer to enter into and execute all documentation necessary to complete the road closure process.

November 2018

216/17 Oct

DEPARTMENT OF ENVIRONMENT, WATER & NATURAL RESOURCES BOUNDARY FENCE - SEVEN MILE ROAD, NOONAMEENA Moved Cr. Bland, Sec. Cr. Leng that Council request the Department of Environment, Water and Natural Resources to submit an Application to Alter a Public Road form for assessment.

D Mosel

November 2018

DIA met with Tim Hartman in March 2018. Information has been provided. Worked through what can/cannot be done, provided the relevant Standards. Awaiting formal application to be received. DEW staff have requested a further on site meeting to confirm details; DEW to confirm meeting availability but this is expected to occur in November.

December 2018

219/17 Oct

ROAD CLOSURE – UNMADE PORTION OF SULLIVAN ROAD Moved Cr. Arthur, Sec. Cr. Bland that Council: 1. Authorises the engagement of a surveyor for the purpose of the

commencement of the process to close the portion of unmade public road (continuation of Sullivan Road) that runs adjacent to Section 59, Deposited Plan H720300, Certificate of Title 5301/898 (as shown on the attached plan), in accordance with the Roads (Opening & Closing) Act 1991 including; preparation of preliminary plans; preparation of a statement of affected parties; and

D Mosel

November 2018

Surveyor engaged. Awaiting finalisation of formal process. Council are

Complete




Notes Review

undertaking community engagement. 2. Council authorise the Chief Executive Officer to commence the negotiation,

preparation and implementation of an agreement with C & E Johnson Nominees P/L committing them to an agreement for quarrying rights for rubble to offset Council’s costs for the road closure process and the value of the land subject to; the outcome and Council direction as a result of the community

engagement; and successful completion of the Road Process Order;

3. Pursuant to section 37(b) of the Local Government Act 1999 authorises the Mayor and Chief Executive Officer to enter into and execute all documentation necessary to complete the road closure process.

D Mosel D Mosel


awaiting the final report of the licenced valuation of the allotment. Quarry agreement signed between Council and C Johnson.

Complete Complete

224/17 Oct

TOWN CENTRES, TOWNSHIPS AND ENVIRONS DEVELOPMENT PLAN AMENDMENT (DPA) – AUTHORISATION Moved Cr. Leng, Sec. Cr. Simcock that Council receives the minutes of the Strategic Planning & Development Policy Committee meeting held 19 September 2017, adopts the recommendations of the committee and accordingly: 1. Adopts the Town Centres, Townships and Environs Development Plan

Amendment Summary of Consultation and Proposed Amendments Report, dated September 2017 (inclusive of the Agency summary, dated September 2017), as contained in Attachment A and B, subject to the following amendments to Attachment A and/or B identified at the meeting as follows:

a. That there be no amendment to the Consultation version of the DPA as it related to consideration of submission number 12 from O’Loughlins Lawyers;

2. Authorises the Chief Executive Officer to submit the Town Centres, Townships and Environs Development Plan Amendment, inclusive of the amendments outlined in the Summary of Consultation and Proposed Amendments Report and Agency Summary, to the Department for Planning, Transport and Infrastructure for Ministerial approval accordingly, as contained in Attachment C;

3. Considers possible future rating options as it relates to farm land located within the proposed Urban Employment Zone at Tailem Bend.

V Cammell V Cammell V Cammell

October 2017 November 2017 Ongoing

DPA submitted to the Minister for Planning on 8 November 2017. DPA Part 1 approved. Further conversations underway with SA government staff to resolve Part 2 of the DPA. Report to Council’s SP&DP Committee and Council in May 2018. Further DPA work subject to service review.

Complete Complete Ongoing

168/17 ROAD NAMES – THE BEND MOTORSPORT PARK




Notes Review

Aug Moved Cr. Arthur, Sec. Cr. Wright that Council: 1. Approve the naming of the public roads within ‘The Bend’ Development

(Bethlehem Way, Jerusalem Drive and Beersheba Way), as shown on the attached plan;

2. Place a notice in the Government Gazette and write to all Relevant Authorities and Utilities;

3. Erect signage as appropriate.

A Crossman A Crossman D Mosel

August 2017 October 2017 October 2017

Formal gazetting process can’t be completed until land division process finalised. Signs installed.

Complete December 2018 Complete

172/17 Aug

COMMENCEMENT OF SECTION 184 ACTION Moved Cr. Simcock, Sec. Cr. Leng that Council authorises the Chief Executive Officer to invoke s184 of the Local Government Act 1999 for sale of property for non payment of rates located at 126 JW McFarlane Road, Wellington East.

N Traeger

January 2019

File is complex, legal advice is ongoing.

Ongoing

126/17 Jul

CR. SU BLAND – REVIEW OF MADE UNSEALED PUBLIC ROADS WITH A VIEW TO STRATEGIC CLOSURES Moved Cr. Bland, Sec. Cr. Barrie that Council: 1. Require the Chief Executive Officer to facilitate the undertaking of a review of all

made unsealed roads within the Council District and establish a hierarchy of roads which may be superfluous to requirements, due to low volume usage, and viable alternative routes being available;

2. Following completion of this review, require a report and recommendation to be presented to Council, containing a schedule of roads that could be considered for strategic closure, and an outline of the process required, including approximate costs.

D Mosel D Mosel

July 2017 October 2017

Review has commenced with initial roads identified, further review to be carried out.

Ongoing Ongoing

141/17 Jul

MENINGIE DRY AREA – EVALUATION REPORT & RECOMMENDATIONS Moved Cr. Leng, Sec. Cr. Middleton Council: 1. Endorses the Meningie Dry Area Evaluation Report as tabled; 2. Supports an application to the Office for Consumer and Business Services for

the reinstatement of the Meningie Dry Area within its current boundary and with existing conditions;

3. Reviews the current Dry Area signage; 4. Engages with existing health services to raise awareness of alcohol and other

drug related issues; 5. Accepts the support of the Rural City of Murray Bridge to produce a map

defining the Dry Area boundaries as per Consumer and Business Services Dry Area Guidelines.

N Traeger N Traeger N Traeger N Traeger N Traeger

July 2017 July 2017 August 2017 August 2017 September 2017

Awaiting finish of Meningie streetscape upgrades before additional signage is installed.

Complete Complete Nov 2018 Ongoing Complete




Notes Review

Drug and Alcohol educational material has been received and will be disseminated to Health Services, the Area School and the Meningie Info Hub. Meningie Dry Zone Brochure updated and available from Meningie.

143/17 Jul

ROAD CLOSURE - WELLINGTON EAST Moved Cr. Leng, Sec. Cr. Wright that: 1. In accordance with the recommendation from the meeting held at 10.00am on

17 July 2017 to consider an objection received to the proposed closure of portions of the unmade public roads in the Wellington Shores Development (as shown on the attached plan), Council overrule the objection received from Mr Paul Trotter, on the basis that the two blocks owned by him, allotments 845 and 846, retain access from Riley Road and Trilby Road respectively. Further, that no building applications have been received, or approvals granted, anticipating access from the unmade portion of Betts Road;

2. Council authorises the continuation of the process to close portions of the unmade public roads in the Wellington Shores Development (as shown on the attached plan), in accordance with the Roads (Opening & Closing) Act 1991 including Issuing of a Road Process Order;

3. In accordance with Section 193(4)(a) of the Local Government Act 1999, the land will be excluded from classification as community land;

4. Upon the closure of the road, the allotment be retained by Council, to be disposed of by private treaty;

5. All net proceeds of the sale of the allotment (after costs) be allocated towards development of a public toilet block at the new reserve at Wellington East;

A Crossman D Mosel D Mosel D Mosel D Mosel

July 2017 August 2017 August 2017 August 2017 December 2017

Letter written to Surveyor General advising of Council Resolution. Road Process Orders signed and returned. Road Closure now complete and Certificates of Title Issued.

Complete Complete Complete Complete Ongoing




Notes Review

6. Council pursuant to Section 37 (a) & (b) of the Local Government Act 1999 authorises the Mayor and Chief Executive Officer to enter into and execute all documentation necessary to finalise the road closure process, engagement of real estate agents, and sale of the land.

D Mosel December 2017

Agent engaged. Allotments listed for sale.

Completed




Notes Review


113/17

Jun CULBURRA HALL – REQUEST FOR FINANCIAL ASSISTANCE Moved Cr. Barrie, Sec. Cr. Leng: 1. That Council supports the Culburra Community Complex with a financial

contribution of $1,400.00 for 2017/18 to assist them work towards ongoing opportunities for viability and sustainability.

2. That funding for 2018/19 and 2019/2020 will be considered by Council upon appropriate review of the developments at the precinct as part of the 2018/19 and 2019/20 budget setting process.

3. That Council supports the Culburra Community Complex with assistance to become an RV friendly site.

N Traeger N Traeger K Jaensch

June 2017 Ongoing Ongoing

Invoice has been remitted. Funding has been allocated in 2018/19 budget.

Complete February 2019 Ongoing

003/17 Jan

TOURISM & ECONOMIC DEVELOPMENT PLAN/PROSPECTUS – COMMUNICATION PLAN Moved Cr. Wright, Sec. Cr. Barrie that Council adopt the following communication process for the draft Tourism & Economic Development Plan/Prospectus (marketing name to be determined in future Elected Member workshop): 1. Staff are required to provide a draft Plan/Prospectus, for consultation release

consideration, at the 18 April 2017 Council meeting; 2. Community organisations and key stakeholders are to have a minimum of 6

weeks to provide comments on the draft Plan/Prospectus; 3. Agree that specific “letter-box” dropping and community engagement

workshops are not required given the relatively recent 2015 strategic management plan community engagement sessions;

4. As part of the community and stakeholder consultation process for the draft Plan/Prospectus, staff shall as a minimum: Forward the draft Plan/Prospectus to key stakeholders such as our local

community/progress/business associations and MPs, as well as key regional organisations, State Government agencies, developers, corporations and businesses that may have an interest in the content of document. The Chief Executive Officer is to approve the extent of the stakeholder list before consultation occurs;

Advertise the existence of the document through our community noticeboards, foyer displays, e-newsletters, social media and website platforms, as well as placement of media releases and public notices in the newspapers generally circulating in the local government area; and

5. The feedback from the consultation process and any associated

V Cammell V Cammell V Cammell V Cammell V Cammell

April 2017 May 2017 May 2017 May 2017 June 2017

New updated T&ED info on website. Development of plan/prospectus is on hold, subject to service review and resourcing considerations (no budget has been allocated. Item will be removed next month (January) and included for Council consideration as part of the 2019/20 budget process).

Deferred On hold On hold On hold On hold




Notes Review

recommendations for amendments to the draft Plan/Prospectus are to be brought back to the 27 June 2017 Council meeting for consideration.

150/16 Jul

MOTION WITHOUT NOTICE Moved Cr. Middleton, Sec. Cr. Leng that Council directs the Chief Executive Officer to report back to Council in relation to solar systems to offset power usage at key Council building sites.

D Mosel

October 2017

Initial quotes currently being sought. Following final report from SAPN, meeting scheduled with Solar Company in November 2018.

Ongoing

164/16 Jul

ROAD CLOSURE IN RELATION TO DEVELOPMENT APPLICATION # 571-105-15 Moved Cr. Simcock, Sec. Cr. Barrie that Council: 1. Authorises the engagement of a surveyor for the purpose of the

commencement of the process to close the portions of unmade public road that run through Q90, Q92 & Q93 DP D93487 CT 6139/942, A11 D15841 CT 5523/639, A10 D15841 CT5523/661 and Lot 8 D12062 CT 5470/1 (as shown on the attached plan), in accordance with the Roads (Opening & Closing) Act 1991 including; Preparation of preliminary plans; Preparation of a statement of affected parties; and Undertaking community engagement

2. Council authorise the preparation and implementation of an agreement with Robert Sherrah and Stephen Brainger committing them to purchase the land, with a quarry agreement, as negotiated, as full consideration for the land value and the applicants to cover all of Council’s costs for the process and the transfer of the land subject to; The outcome and Council direction as a result of the community

engagement; and Successful completion of the Road Process Order

3. Council pursuant to Section 37(b) of the Local Government Act 1999 authorises the Mayor and Chief Executive Officer to enter into and execute all documentation necessary to complete the road closure process.


August 2017 February 2018 February 2018

Cameron Lock engaged – issue in relation to a small portion of Crown Land in the proposed closure area that would become land locked. Applicant is negotiating with Crown Lands to acquire the portion in order that the road closure process can proceed. – January 2018 – Applicant has advised that he has now

Complete December 2018 January 2019




Notes Review

purchased the portion of Crown Land, and that the closure process can now proceed.

166/16 Jul

INTENTION TO GRANT A LEASE TO AXICOM ASSETS PTY LTD Moved Cr. Leng, Sec. Cr. Bland that Council: 1. Commence a period of community engagement in relation to it’s intention to

grant a lease to Axicom Assets Pty Ltd over Lot 100 DP 69069 Hundred of Bonney CT 5968/234 for a period of five (5) years with a five (5) year right of renewal;

2. Subject to no negative feedback being received, authorise the Mayor and Chief Executive Officer to affix the Council Seal to the lease agreement;

3. Require a further report should any negative feedback be received during the community engagement period.

J O’Brien A Crossman J O’Brien

August 2017 August 2017 August 2017

Axicom have confirmed they will cover reasonable legal costs. Lawyers engaged. Awaiting return of signed agreement from Axicom.

Complete Ongoing Ongoing




Notes Review


288/15

Dec REVOCATION OF CROWN LAND DEDICATION FOR NEW TAILEM BEND CFS STATION – PORTION OF SECTION 511 IN THE HUNDRED OF SEYMOUR – CROWN RECORD 5754 FOLIO 502 Moved Cr. Simcock, Sec. Cr. Barrie that Council: 1. Approves the request for the revocation of the dedication to Council over the

portion of section 511 in the Hundred of Seymour contained in Crown Record Volume 5754 Folio 502, being Crown Land currently dedicated to the Coorong District Council,

2. Allow the land to be rededicated to the Minister for Emergency Services for CFS purposes, provided all costs associated with the rededication are to be covered by the Minister for Emergency Services;

3. Writes to the Minister for Sustainability, Environment and Conservation confirming this approval;

4. Authorise the Mayor and Chief Executive Officer to affix the common seal of the Coorong District Council to any documentation required to give effect to this rededication.

J O’Brien J O’Brien J O’Brien A Crossman

February 2018 February 2018 February 2018 February 2018

Documents received by CEO.

January 2019



Target completion date Notes Review


086/11

February BOAT RAMPS AND JETTIES - CONDITION ASSESSMENT Moved Cr. Jaensch, Sec. Cr. McKinna: 1. Undertake immediate maintenance works as suggested in the GHD

Boat Ramp and Jetties Report on the following facilities: Fred’s Landing Narrung Boat Ramp and Jetty Meningie Lions Park Boat Ramp and Jetty Meningie Sailing Boat Ramp and Jetty

2. Investigate the option of providing additional facilities at the Narrung Boat Ramp to improve the land and water approaches;

3. Develop a management plan for all Boat Ramps and Jetties incorporating ongoing maintenance and capital expenditure.


In consultation with SA Boating Facilities Advisory Committee, suitably qualified organisations are being approached in regard to Management Plan. October 2018 – Waiting on a proposal from Assetic to include Boat Ramps and Jetties within our Assetic managed assets.

Complete Complete Ongoing

Coorong District Council Ordinary Council Meeting Agenda 18 December 2018

2

4.1 QUESTIONS WITH NOTICE Cr. ROWNTREE ASKS Will existing staff be able to cover the extra work involved in getting the $110K grant from the Office for Recreation, Sport & Racing to extend the walking trail a further 32 kilometres from Noonameena to Narrung and Raukkan? RESPONSE FROM DIRECTOR COMMUNITY & CORPORATE Yes – the Murray Coorong Trail has been under concept planning since 2015/16, with construction commencing in 2016/17. The trail is under the Community & Corporate Directorate, and is generally led by the Senior Community & Tourism Officer (SCTO) as part of her day to day responsibilities. An internal project team with representatives from the Infrastructure & Assets and Community & Corporate Departments support the SCTO in managing and developing the trail. With Stages 1 and 4 almost completed, the ensuing Stage 2 from Noonameena to Raukkan will continue to be managed utilising the existing resources that have been allocated since its inception.


3

Cr. ROWNTREE ASKS What is the status of the toilet block redevelopment in Tailem Bend? RESPONSE FROM DIRECTOR INFRASTRUCTURE & ASSETS Following a tender process facilitated by Local Government Association Procurement, Unique Urban Built Pty Ltd have been engaged to carry out the Design and Construction of the upgrade to the public toilets and associated amenities in Railway Terrace, Tailem Bend. In consultation with Unique Urban Built, works have already commenced in relation to the detail, design and planning process. This work is expected to be completed early in the New Year. Once all relevant approvals have been obtained, physical works will commence. No changes will be made to the existing facilities until all relevant approvals have been obtained.


4

Cr. ROWNTREE ASKS Can the Coonalpyn Caravan Park playground be re-visited? I have been advised that the following problems need to be addressed.

a. Small children, mostly aged 1-4 cannot climb up to the slide (too tall). b. Much of the equipment is too tall for small children to use safely. c. The net swing broke about a week after it was installed. A parent phoned the

Council office to report the faulty equipment but to date it remains broken. d. There is only 1 piece of equipment (a rocking shark) that is suitable for age

groups 1-4. Parents have apparently spoken to CDC and were advised, “the person to designed it, chose it and ordered it, no longer works at the council so there is nothing we can do about it”. RESPONSE FROM DIRECTOR INFRASTRUCTURE & ASSETS Please find the following comments supplied addressing each issue as presented above:

a) The playground design was undertaken in consultation with industry specialists and community groups (including Coonalpyn Primary School students). Given the limited budget, equipment was selected to provide optimum utilisation across all age groups. In consultation with the manufacturer, the slide can not be modified to accommodate younger children.

b) In recognition of feedback received and in consultation with the manufacturer, one of the swings will be changed to an infant swing designed for infants between 1-3 years of age.

c) Following feedback that the equipment was broken, the manufacturer was immediately contacted. Council was advised by the manufacturer that the equipment was safe to leave accessible for use, and that the required parts will be ordered and covered under warranty. The required parts have been received by the manufacturer and will be installed on the week commencing Monday 17 December.

d) As above, in consideration of feedback received, one of the swings will be changed to an infant swing designed for infants between 1-3 years of age.

Council can also advise that the above actions have been undertaken in recognition of feedback received. Any further feedback will be considered accordingly and in line with Council’s future budget allocations.


5

4.2 QUESTIONS WITHOUT NOTICE Go to index


6

5.1 PETITIONS

NIL Go to index


7

6. DEPUTATIONS Council’s Code of Practice – Proceedings of Council and Committee Meetings, underpinned by the Local Government Act 1999 and Local Government (Procedures at Meetings) Regulations 2013 provides that:

A Deputation may be made by a person or group who wish to appear personally before a Council or Council Committee meeting in order to speak on a particular matter. A person wishing to appear as a Deputation must deliver a written request to the Principal Office of the Council. The request is forwarded to the Mayor who will decide if the request is granted or refused. If it is refused the Mayor must report the decision to the next meeting of the Council or Council Committee. The Council may resolve to allow a Deputation to appear despite a contrary ruling by the Mayor. Deputations are limited to a maximum of three (3) per Council meeting. A request for a Deputation must be received at the Principal Office of the Council by mid-day on the day of the meeting at which the Deputation wishes to appear. Any request for a Deputation received after this time will be treated as a request to appear at the next ordinary meeting of the Council. The hearing of a Deputation may be referred to the relevant Council Committee unless the person/s seeking the deputation request to be heard at a Council meeting. Attendance or non- attendance must be notified in writing with details of the date and time of the meeting as well as the length of time to speak (if approved). Persons are allocated a 10 minute time limit in which to address the meeting excluding questions. This time can be extended by a resolution of the Council or Committee. Elected Members will be invited to ask questions after the Deputation.

There are no deputation requests for the 18 December 2018 ordinary Council meeting. Go to index

http://www.coorong.sa.gov.au/webdata/resources/files/Code%20of%20Practice%20for%20Proceedings%20of%20Council%20&%20Committee%20Meetings,%20September%202012.pdf


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6.1 PUBLIC QUESTION TIME Council’s Code of Practice – Proceedings of Council and Committee Meetings sets out guidelines for Public Question Time:

Public Question Time Guidelines The following Guidelines apply: Council will allocate a maximum of thirty (30) minutes in the Council agenda for each

ordinary meeting for the purpose of public question time. The question time will be held after ‘Deputations’, and listed as Item 6.1 on the agenda. The Mayor shall ascertain at the commencement of question time the number of persons

desiring to speak. The time available shall be allocated to speakers on an equal basis up to a maximum of five (5) minutes, unless extended by leave of Council.

Question time shall be chaired by the Mayor and speakers will be asked to observe rulings by the Mayor.

The Mayor will have discretion to not accept a particular question. Questions are to be restricted to matters relating to Council reports, policy or operation. Those of a personal nature will not be accepted.

It is the Mayor’s discretion whether questions are: a) answered immediately at the meeting and by whom; b) taken on notice and answered at a subsequent meeting; c) answered in writing by Council staff; d) not replied to for reasons of confidentiality, or being vexatious, time wasting, trivial,

irrelevant or of a personal nature. Each Council member will be given the opportunity to ask one question of each person

utilising question time. No discussion on questions and answers will be permitted, with all questions and answers

being as brief as possible. The Mayor will determine when a sufficient response to a question has been provided.

A list of questions asked and brief response given will be recorded in the Council minutes. Should no-one attend the public question time segment Council will proceed with the next

agenda item and the minutes will reflect that there was nil attendance/questions. Members of the public will if necessary be reminded by the Mayor of Section 30 of the

Local Government (Procedures at Meetings) Regulations 2013 which confirm members of the public must not behave in a disorderly manner, or cause interruption.

Go to index


9

7.1 MAYOR’S REPORT

Councillor Paul Simmons Meetings attended November - December 2018 November 2018 16 Council Member induction briefing, Tailem Bend 20 Council Member induction (including declaration of undertaking) and

briefing session, Tailem Bend 20 Council meeting, Tailem Bend 21 Meeting with Chief Executive Officer and Executive Assistant re:

Council processes, Tailem Bend 22 Regional Collaboration meeting with Mayors and CEOs from Rural

City of Murray Bridge and Mid Murray, Alexandrina & Coorong District Councils, Langhorne Creek

26 Council Members mandatory training session, Tailem Bend 26 Special Council meeting, Tailem Bend 30 Presentation to Overabundant and Pest Species Inquiry – Natural

Resources Committee, Meningie December 2018 3 Council Members mandatory training session and asset

management workshop, Tailem Bend 5 Murraylands & Riverland Local Government Association Special

board meeting, Murray Bridge 7 2018 Staff and Council Members Christmas function, Meningie 10 Coomandook Area School presentation night, Coomandook 12 Tailem Bend Primary School concert and presentation night, Tailem

Bend Meetings to be attended 18 Council briefing session, Tailem Bend 18 Council meeting, Tailem Bend

Media opportunities

Murray Valley Standard

(20 November 2018) Interview regarding election as Mayor of Coorong District Council.


10

Media opportunities (cont.)

Power FM

(28 November 2018) Interview regarding launch of new Meningie off-leash Dog Park on 29 November 2018.

Cr. Paul Simmons MAYOR


11

7.2 COUNCIL MEMBERS’ REPORTS

Cr. Tracy Hill Meetings attended: November 2018 16 Council Member induction briefing, Tailem Bend 20 Council Member induction and briefing session, Tailem Bend 20 Council meeting, Tailem Bend 21 Meningie Progress Association meeting, Meningie 26 Council Members mandatory training session, Tailem Bend 26 Special Council meeting, Tailem Bend 29 Meningie dog park opening, Meningie 29 Meeting with Director Infrastructure & Assets and Cr. Bland re:

Meningie streetscape inspection, works depot and roads speed limits, Meningie

30 Overabundant and Pest Species – Natural Resources Committee visit, delegation from Council and presentation, Meningie

December 2018 3 Council Members mandatory training session and asset management

workshop, Tailem Bend 7 2018 Staff and Council Members Christmas function, Meningie 14 Murray Darling Association Region 6 meeting, Murray Bridge

Cr. Tracy Hill


12

Cr. Brenton Qualmann Meetings attended: November 2018 11 Remembrance Day Service, Meningie 16 Council Member induction briefing, Tailem Bend 20 Council Member induction and briefing session, Tailem Bend 20 Council meeting, Tailem Bend 26 Council Members mandatory training session, Tailem Bend 26 Special Council meeting, Tailem Bend 28 Tailem Bend Progress Association Christmas Dinner, Tailem Bend 29 Meningie Dog Park opening, Meningie December 2018 2 ‘Summer’ (Bridge Arts) art exhibition opening at Coorong Gallery,

Tailem Bend 3 Council Members mandatory training session and asset management

workshop, Tailem Bend

Cr. Brenton Qualmann


13

8. NOTICES OF MOTION

NIL

8.1 MOTIONS WITHOUT NOTICE

Go to index


OCEO-1

9. OFFICE OF THE CHIEF EXECUTIVE OFFICER REPORT

1. SERVICE REVIEW OF ORGANISTIONAL CHANGES INSTIGATED FROM 1 JULY 2018

SMP Objective 1 A caring, healthy and resilient community.

Strategy 1.7 - Achieve or implement the statutory and core responsibilities of Council.

Other Document Reference

Service Range Policy

Statutory Requirement Financial Implications Savings of $116,669 for 2018/19 Author of Report Chief Executive Officer Officers Consulted Leadership team Recommendations That Council resolve to: 1. Limit its Development Plan Amendment work at this time as it works through all

current proposals and activities in February 2019; 2. Acknowledge resource changes in the areas of Economic Development,

Community Development and Tourism Development and accepts the changes in deliverable outcomes moving forward;

3. Take any savings from these changes as part of its normal budget review processes with further detail of this to be presented in February 2019 when Budget Review 2 is completed;

4. Update its Annual Business Plan to reflect the changes in service outcome as outlined above.

REPORT

Purpose The purpose of this review is to gain insight and direction on changes instigated due to opportunities arising within the organisation since July 2018. This includes seeking guidance from Council on Policy Planning actions, Economic Development, the level of resources for Tourism Development and level of resources for Community Development. The service outcomes that form part of this review have occurred due to staff changes, with the impact causing direct interaction with Council’s Annual Business Plan. Council’s direction will define if additional resources are mobilised, or if a service change saving is taken. This review is limited to changes that have already occurred. The changes were instigated to give the new Council opportunity to reflect on actions underway.


OCEO-2

Services that are still being delivered in the areas outlined above will be subject to separate review processes that are forward-looking based on what the Chief Executive Officer has put in place. If Council accepts the change in service level as a saving, this will be reflected in either its second or third budget review, with the Annual Business Plan being updated in due course to reflect this. Background The Chief Executive Officer (CEO) implemented a series of changes to the organisation structure as a result of staff departures which has enabled an opportunity for a number of work functions to be challenged. This has included functions within Policy Planning, Economic Development, Community Development and Tourism Development. The review that has occurred to bring the organisation to its current position was undertaken by the CEO in discussion with the Executive leadership team. The intention of the CEO was to give the future Council a series of decision points in relation to going forward that could provide for immediate savings to the organisation. This approach is in line with Audit Committee’s recommendations to undertake a service review within the organisation to ensure that Council Members have full ownership of services being provided and are confident that they are meeting community expectations. Council Members will have the opportunity to review further the services that they provide as part of the 2019/20 Annual Business Plan and Budget process. The changes as defined, if maintained into the future will directly affect Council’s Long Term Financial Plan, which will reflect an improved position. Total savings amount to $116,669.00 for the 2018/19 financial year. Organisation Changes Work in relation to the areas of Economic Development, Community Development and Tourism Development within the organisation may have seen priorities change, but at this time no actual service outcomes have been cut. Delivery times have been pushed back though, and the staff changes have reduced Council’s internal grant writing abilities, but this will be addressed through either internal secondments or the use of external specialised resources. The main change is in relation to Development Plan Amendment work, with investigation into the Wellington East to Tailem Bend Corridor being put on hold.


OCEO-3

The key strategic work required to engage the Minister on this Development Plan Amendment will take some time and is also subject to internal processes within Planning SA that are occurring as the Minister works to implement changes to the Development Act. It anticipated that Councillors will work through the background work required to engage the Minister in relation to a Statement of Intent to ascertain to what level this Development Plan change may be supported for community engagement in February 2019. The following processes need to be worked through in the future to move this Development Plan Amendment forward:

Master Planning

1. Background research 2. Site, land use and landscape investigations 3. Literature review, inclusive of strategic and land use planning studies,

statutory planning documents, infrastructure, environmental and economic references / documents etc.

4. Demand, supply and economic analysis – inclusive of demonstrating benefit of the study area compared to other locations

5. Community and agencies engagement at outset to inform Master Plan 6. Infrastructure and service analysis

a. Water supply b. Power supply c. Stormwater management d. Wastewater management e. Roads and traffic f. Other

7. Environmental analysis a. Landscape and visual b. Riverine and River Murray c. Site history reporting d. Archaeological and cultural heritage e. Other

8. Social services analysis 9. Planning and urban design

a. Strategic, need and demand b. Spatial design, layout and yield c. High order ESD (environmental sustainable development)

outcomes d. Linkages, open space, trails and interconnectivity e. Interface buffers f. Other

10. Development of Master Plan a. Detailed report, analysis, findings, approach, recommendations,

implementation plan, staging plan, costings (private, state and local government) and funding models


OCEO-4

b. Consider scope for low density residential, tourism development,

houseboat and waterfront reserves, integration of shack areas, open space nodes, linkages, connectivity etc.

c. Graphic illustration of findings 11. Community, agency and stakeholder consultation 12. Master Plan finalisation

Council has maintained the appropriate resources to ensure its own processes in relation to meeting the changing needs of the Development Act are being met while ensuring it has appropriate expertise to deal with both development planning outcomes and developer / investor approaches.


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2. CODE OF PRACTICE FOR ACCESS TO MEETINGS OF COUNCIL AND

COMMITTEES AND COUNCIL DOCUMENTS - REVIEW


Strategy 1.7 – Achieve or implement the statutory and core responsibilities of Council.


Community Engagement Policy Privacy Policy Code of Practice for Proceedings of Council & Committee Meetings Informal Gatherings Policy

Statutory Requirement Yes Financial Implications Nil Author of Report Executive Assistant Officers Consulted Director Community & Corporate Recommendation That Council: 1. Notes the changes to the Code of Practice for Access to Meetings of Council and

Committees and Council Documents as tabled; 2. Releases the amended Code of Practice for community engagement in

accordance with Level 1 of the Community Engagement Policy; 3. Adopts the Code of Practice for Access to Meetings of Council and Committees

and Council Documents as amended, subject to no material feedback received during the community engagement process.

REPORT Purpose The purpose of the Code of Practice for Access to Meetings of Council and Committees and Council Documents (‘the Code’) is to inform and educate the community about public access to Council and Committee meetings, minutes of Council and Committee meetings and other Council documents. The Code must also meet the provisions of the Local Government Act 1999 relating to the policies and procedures Council must apply for the purposes of public access to meetings, documents and minutes of Council and Committee meetings. Code of Practice Review This code of practice is subject to an annual review. Since its last review in December 2017, the Code has been reviewed against applicable legislation, the Local Government Association’s model policy and compared with other industry standards.

During this review cycle, the Code has undergone some minor changes which include:


OCEO-6

Minor cosmetic changes and updates to the introductory table, including an

addition of the LGA model Code of Practice to the ‘Related Documents’ section Other minor grammatical/cosmetic changes to the body of the Code Further clarification of Code of Practice review period (Clause 11) Council Members’ attention should be drawn to Clause 4 (Public Access to Meetings) which includes provision for informal gatherings. Under amendments made to the Local Government Act 1999 by the Local Government (Accountability and Governance) Amendment Act 2015, councils must now adopt a policy on the holding of ‘informal gatherings or discussion’. The Code of Practice has now been updated to reflect this change of practice. The Clause now includes the following paragraph (page 4): Council has adopted an Informal Gatherings Policy which provides information on the manner in which the provisions in Section 90 relating to informal gatherings and designated informal gatherings will be managed. The above paragraph replaces the following excerpt which is now obsolete:

It is not unlawful for members of Council (and its Committees) and staff to participate in informal gatherings or discussion provided that a matter which would ordinarily form part of the agenda for a formal meeting is not dealt with in such a way as to obtain, or effectively obtain, a decision outside a formally constituted meeting of Council. The Council is not bound to hold informal gatherings open to the public in accordance with section 90(1) of the Act as openness to the public only applies to Council and Council Committee meetings (refer to Council’s Informal Gatherings Policy). This means that section 90(2) to exclude the public has no role to play. The following are examples of informal gatherings (listed in the Act): planning sessions associated with the development of policies and strategies; briefing or training sessions; workshops; social gatherings to encourage informal communication between members or

between members and staff. Where practicable notice of informal gatherings, other than social functions, will be given via Council’s website, including a clear indication of whether or not the meeting is open to the public.

Community Engagement In accordance with section 92 of the Local Government Act 1999, the Code of Practice for Access to Meetings of Council and Committees and Council Documents is subject to public consultation (in line with Council’s Community Engagement Policy), in the event that amendments or alterations are made. It is deemed that the change to Clause 4 requires the Code to be released for a period of community engagement.


OCEO-7

Council’s Community Engagement Policy sets a Level 1 community engagement strategy for policy development and review. Therefore it is recommended that the Code be released for twenty one (21) days via the website and social media posts, seeking feedback on the Code. It is recommended that Council adopt the amended Code following close of the community engagement period and subject to no negative feedback received.

Code of Practice for Access to Meetings of Council and Committees and

Council Documents

Strategic Reference

Objective 1; A caring, healthy and resilient community. Strategy 1.7; Achieve or implement the statutory and core responsibilities of Council.

File reference AR18/27432

Responsibility Office of the Chief Executive Officer

Revision Number 6

Effective date October 2000

Last revised date December 2018

Minutes reference xxx/18, 256/17, 272/15, 292/14, 208/13, 206/12, 357/11

Next review date Annually and within 12 months after a periodic election

Applicable Legislation Local Government Act 1999

Related Policies

Community Engagement Policy Privacy Policy Code of Practice Proceedings of Council & Committee Meetings Informal Gatherings Policy

Related Documents

Local Government Association of South Australia (LGA SA) Access to Council and Committee Meetings and Documents Model Code of Practice (updated March 2013) “Confidentiality Guidelines: How to Apply Section 90 of the Local Government Act 1999” LGA (SA) Ombudsman SA, “In the Public Eye; An audit of the use of meeting confidentiality provisions of the Local Government Act 1999 in South Australian councils”. (Updated May 2016))

1. Purpose and scope In fulfilling the role of an effective Council that is responsive to the needs of the community and which operates within the legal framework prescribed by the Local Government Act 1999, Coorong District Council (“Council”) is committed to the principles of open, honest and accountable government with transparent and informed decision-making and encourages appropriate community participation in the affairs of Council.

Code of Practice for Access to Meetings of Council and Committees and Council Documents

NOTE: Electronic version in the TRIM System is the controlled version Printed copies are considered uncontrolled. Before using a printed copy, verify that it is the current version

Page 2 of 10

However Council also recognises that on a limited number of occasions it may be necessary, in the broader community interest, to restrict public access to discussion or documents. The purpose of this code is to:

Meet the provisions of section 92 of the Local Government Act 1999 ("the Act") in

the preparation and adoption of a Code of Practice relating to the principles, policies and procedures that a Council must apply for the operation of Parts 3 and 4 of the Act for the purposes of public access to meetings, documents and minutes of Council and Committee meetings.

Inform and educate the community about public access to Council and Committee

meetings, minutes of Council and Committee meetings and other Council documents.

This Code sets out Council’s commitment to public access and accountability, and includes:

information on the relevant provisions of the Act; Council’s policy on public access and participation; the process that will be adopted where public access to a meeting or a document is

restricted; grievance procedures to be followed if a member of the public believes that the

Council has unreasonably restricted public access on a particular matter.

It also contains information relating to:

access to the agenda for meetings; public access to meetings; the process to exclude the public from meetings; matters for which the Council, or a Council committee, can order that the public be

excluded how the Council will approach the use of the confidentiality provisions in the Act; public access to documents, including minutes; review of confidentiality orders; accountability and reporting to the community, and the availability of the code; and grievances about the use of the code by Council.

2. Definitions

For the purposes of this policy: “Council”: includes Committees established by resolution of the Council including s41 and s42 Committees. Committees not set by Council and not performing a regulatory activity may vary these procedures in accordance with the Provisions of Part 3 of the Local Government (Procedures at Meetings) Regulations 2000. “Clear days”: the time between the giving of the notice and the meeting is to be determined excluding the day on which the notice was given and the day of the meeting e.g. notice is given on a Thursday for a following Monday meeting, the clear days being Friday, Saturday and Sunday.



Page 3 of 10

3. Public Access to the Agenda for Meetings

3.1 At least three (3) clear days before a Council meeting (unless it is a special meeting), the Chief Executive Officer (CEO) must give written notice of the meeting to all Members of Council or Committees setting out the date, time and place of the meeting. The notice must contain or be accompanied by the agenda for the meeting.

3.2 At the same time the notice and agenda will be placed on public display at each office of

the Council that is open to the public for the general administration of Council business (see “11. Further Information” below) and on Council’s website www.coorong.sa.gov.au.

3.3 Items listed on the agenda will be described accurately and in reasonable detail. 3.4 The notice and agenda documents (subject to 3.7 below) will be kept on public display

and continue to be published on the website until the completion of the relevant Council or Council committee meeting.

3.5 Copies of the agenda documents and non-confidential reports that are to be considered at

the meeting will be made available to members of the public in attendance. A reasonable number of copies will also be available for public inspection as soon as practicable after they are supplied to the Members of Council.

3.6 Members of the public may obtain a copy of the agenda and any particular reports for a

fee to cover the costs of photocopying, in accordance with a Council's schedule of fees and charges.

3.7 Where the CEO of the Council (after consultation with the principal member/Mayor of the

Council, or in the case of a Committee - the presiding member) believes that a document or report on a particular matter should be considered in confidence with the public to be excluded, the basis under which the order could be made in accordance with section 90(3) of the Act will be specified. [see sections 83(5) (Council) and 87(10) (Committee) of the Act.]

The following is an example of a circumstance where the CEO may identify an item potentially subject to confidentiality: Council is to consider tenders for the provision of electrical services. The document outlining the tenders received and the agenda item are clearly marked by the CEO to indicate that they may need to be considered in confidence under clause 90 (3)(k) – tenders for the supply of goods, provision of services or the carrying out of works.

Should Council not agree to place an order of confidentiality on an item at the meeting, a copy of the document will be made available to the public at the meeting (publicly tabled) and placed on public display the next working day.

4. Public Access to Meetings Council and Committee meetings are open to the public and attendance is encouraged - except where Council believes it is necessary in the broader community interest to exclude the public from the discussion and if necessary any decision on a particular matter. The public will only be excluded when considered proper and necessary, e.g. the need for confidentiality outweighs the principle of open decision making.

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



Page 4 of 10

The following is an example: Council is intending to bid at an auction to acquire land and would not want others involved, such as the vendor to have prior knowledge of what Council was setting as an upper limit to bid at the auction, as to do so would prejudice the position of Council and disadvantage the community.

Council encourages public attendance/involvement at meetings. Details of meeting dates and times are listed on all public notices boards, Council’s website and circulated through the community email database. Council has adopted an Informal Gatherings Policy which provides information on the manner in which the provisions in Section 90 of the Act relating to informal gatherings and designated informal gatherings will be managed.

5. Process to Exclude the Public from a Meeting

Where the Chief Executive Officer, believes that a matter should be considered in confidence, the nature of the matter and the reasons why it should be considered in confidence will be clearly noted on the agenda, which is made available to the public. Where possible, confidential items are listed at the end of the Council agenda to reduce inconvenience to the public but can also be brought forward by resolution of the Council. This may occur for example where the members of the public gallery have a particular interest in the outcome of a confidential item. If, prior to the meeting, a member of the public objects to a recommendation from the CEO to consider a matter in confidence, the person may provide written reasons for the objection, which will be put to the Council meeting before it votes on whether or not to restrict public access.

Before a meeting order that the public be excluded to enable the receipt, discussion and consideration of a particular matter, the meeting will, in public, formally determine if this is necessary and appropriate, and then pass a resolution to exclude the public while dealing with that particular matter. If this occurs the public must immediately leave the room. This means that all members of the public (including staff), unless exempted by being named in the resolution as entitled to remain, are required to leave the room. For the operation of section 90(2) a member of the public does not include a member of Council. Once Council has made the order, it is an offence for a person, who knowing that an order is in force, enters or remains in a room in which such a meeting is being held. It is lawful for an employee of Council or a member of the police force to use reasonable force to remove the person from the room if she/he fails to leave on request of the Chair or presiding member/Mayor. Council can, by inclusion within the resolution, permit a particular person or persons to remain in the meeting. An example would be allowing a ratepayer who is suffering personal hardship to remain in the meeting when their circumstances concerning the payment of rates are being discussed. If there is a further matter that needs to be considered in confidence it is necessary for Council to again undertake the formal determination process and to resolve to exclude the public as per above.



Page 5 of 10

The Council will appropriately record the reasons why the ground is being relied upon for holding the meeting “in confidence” without disclosing the confidential nature of the matter itself.

6. Matters from which the Public can be Excluded In accordance with the requirements of section 90(3) of the Act, Council, or a Council Committee, may order that the public be excluded in the following circumstances:

a) information, the disclosure of which would involve the unreasonable disclosure of

information concerning the personal affairs of any person (living or dead); b) information, the disclosure of which –

i. would reasonably be expected to confer a commercial advantage on a person with whom the Council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the Council; and

ii. would, on balance, be contrary to the public interest; c) information, the disclosure of which would reveal a trade secret; d) commercial information of a confidential nature (not being a trade secret) the

disclosure of which – i. could reasonably be expected to prejudice the commercial position of the

person who supplied the information, or to confer a commercial advantage on a third party; and

ii. would, on balance, be contrary to the public interest; e) matters affecting the security of the Council, members or employees of the

Council, or Council property; or the safety of any person; f) information the disclosure of which could reasonably be expected to prejudice the

maintenance of law, including by affecting (or potentially affecting) the prevention, detection or investigation of a criminal offence, or the right to a fair trial;

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

h) legal advice; i) information relating to actual litigation, or litigation that the Council or Council

committee believes on reasonable grounds will take place, involving the Council or an employee of the Council;

j) information, the disclosure of which – i. would divulge information provided on a confidential basis by, or to a

Minister of the Crown, or another public authority or official (not being an employee of the Council, or a person engaged by the Council); and

ii. would, on balance, be contrary to the public interest; k) tenders for the supply of goods, the provision of services or the carrying out of

works; l) information relating to a proposed amendment to a Development Plan under the

Development Act 1993 before a Plan Amendment Report relating to the amendment is released for public consultation under that Act; or

m) information relating to a proposed amendment to a Development Plan under the Development Act 1993 before a Development Plan Amendment proposal relating to the amendment is released for public consultation under that Act;



Page 6 of 10

n) information relevant to the review of a determination of a Council under the Freedom of Information Act 1991.

The Act provides for a definition of “personal affairs”, being a person’s financial affairs, criminal records, marital or other personal relationships, personal qualities, attributes or health status, or that person’s employment records, employment performance or suitability for a particular position, or other personnel matters relating to the person, but does not include the personal affairs of a body corporate. When required to apply a public interest test, Council will have regard to the information provided by the South Australian Ombudsman1 and the Local Government Association (LGA)(SA)2. Council cannot make an order that the public be excluded from a meeting only on the basis that discussion of a matter in public may: cause embarrassment to Council or to members or employees of Council: or

cause a loss of confidence in Council. If a decision to exclude the public is taken, Council is required to make a note in the minutes of the making of the order and sufficient detail of the grounds on which it was made.

7. Use of the Confidentiality Provisions

Any consideration of the use of the confidentiality provisions to exclude the public from the discussion of a particular matter at a meeting will require the identification of one or more of the grounds listed within section 90(3) of the Act, and the factual reasons for the relevance and application of the ground(s) in the circumstances. These are listed in paragraph six (6) above. The policy approach of Coorong District Council is that: 1. The principle of open and accountable government is strongly supported; 2. Information of the grounds on which an order to exclude the public is made will be

conveyed to the public at the time of them being required to leave the meeting – the public will not be excluded until after a confidentiality motion has been debated and passed and sufficient reasons for the need to exclude the public given;

3. Once discussion of the matter is concluded, the meeting will then consider if it is

necessary to make an order that a document associated with this agenda item (including minutes) remain confidential. In determining this, the meeting will have regard to the provisions of section 91 and in particular section 91(8) of the Act, which details when a Council must not order that a document remain confidential;

4. If the meeting determines that it is proper and necessary to keep a document

confidential, then a resolution for an order to this effect is required to be resolved by the meeting in accordance with section 91(7) of the Act;

1 Ombudsman SA, In the Public Eye; An audit of the use of meeting confidentiality provisions of the Local Government Act 1999 in South Australian councils. November 2012 2 Confidentiality Guidelines: How to Apply Section 90 of the Local Government Act 1999, LGA(SA)



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5. The Council will not consider a number of agenda items “in confidence” together, e.g. en bloc. It will determine each item separately and consider the exemptions relevant to each item;

6. Once discussion of the matter is concluded and the public have returned, the decision

of the meeting in relation to this matter will be made publicly known unless the Council has resolved to order that some information remain confidential. Details relating to any order to keep information or a document confidential in accordance with section 91(7) are also to be made known. When making an order the meeting must specify the duration of the order or the circumstances in which the order will cease to apply, or a period after which the order must be reviewed. If the section 91(7) order is to apply for a period exceeding 12 months, then this order must be reviewed every 12 months from the date it was made. This along with the making of the order pursuant to section 90(2) and the grounds pursuant to section 90(3) on which it was made are also to be recorded in the minutes.

7. In all cases the objective is that the information be made publicly available at the

earliest possible opportunity and that the community is informed of any Council order and the associated implications; and

8. Where a person provides information to the Council and requests that it be kept

confidential, Council is not able to even consider this request unless the matter is one that falls within section 90(3). If this is the case, Council will then be in a position to consider the request on its merits.

8. Public Access to Minutes

Minutes of a meeting of Council will be publicly available within five (5) days after the meeting including on Council’s website.

9. Public Access to Documents

Various documents are to be available for inspection and purchase (for a fee) by the public. Council may also make a document available in electronic form and place it on the Internet for public access. Council will only make an order that a document associated with a discussion from which the public are excluded is to remain confidential if it is considered proper and necessary in the broader community interest. Council can only resolve to keep minutes and/or documents confidential under section 91(7) if they were considered in confidence pursuant under sections 90(2) and 90 (3) . Once a matter has been dealt with, Council may order that a document relating to the matter considered in confidence is to be kept confidential. However, there are some exceptions - in accordance with section 91(8) Council must not make an order to prevent: the disclosure of the remuneration or conditions of service of an employee after they

have been set or determined; or

the disclosure of the identity of a successful tenderer or any reasons as to why that tenderer has been selected; or

the disclosure of the amount(s) payable by Council under a contract for the supply of goods or the provision of services (including the carrying out of works) to, or for the benefit of, the Council after the contract has been entered into by all parties to the contract; or



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the disclosure of the identity of land that has been acquired or disposed of by Council, or of any reasons as to why acquisition or disposal has occurred.

Where keeping a document confidential is considered proper and necessary, a resolution to this effect is required which shall include: the grounds for confidentiality; and

the duration of the order or circumstances in which the order will cease to apply, or a period after which the order must be reviewed – if the order has a duration of more than twelve (12) months, the order must be reviewed at least once in every year;

(if applicable) whether the power to revoke the order will be delegated to an employee of the Council. [s.91(9)]

The following is an example: Council decided to bid $100,000 at auction for a parcel of land. An order that the discussion be confidential could be made in accordance with section 90(2). Council resolved that the document containing information on the value of the land remain confidential in accordance with section 91(7). Council could delegate to the CEO the authority to make this information public following the completion of the acquisition in accordance with section 91(9)(c).

The minutes shall record the relevant grounds and duration of the order and any delegation to revoke the order in a manner which conforms with LGA(SA) advice3 . Requests to access Council and committee documents can be made under the Freedom of Information Act 1991. Inquiries in relation to the process for seeking access to documents held by Council should be directed to Council’s nominated Freedom of Information Officer, who is the Chief Executive Officer.

9. Review of Confidentiality Orders Confidentiality orders made under section 91(7) of the Act will specify the duration of the order or the circumstances in which the order will cease to apply, or a period after which the order must be reviewed. In any event, any order that operates for a period exceeding twelve (12) months will be reviewed at least once in every year. An order will lapse if the time or event specified has been reached or carried out. There is no need for Council to resolve for the confidential order to be lifted. Once the order has lapsed, the minutes and/or documents automatically become public. At this point in time Council will make this information publicly available including on the Council's website. A review of the reports or documents that were considered under confidentiality provisions will be conducted every six (6) months to ensure that items are released in accordance with the resolution of Council, when the provision no longer applies. Orders that exceed twelve (12) months will be reviewed annually and Council must assess whether the grounds for non-disclosure are still relevant and, if so, provide the relevant grounds and reasons for the minutes and/or documents remaining confidential. The conduct of the annual review will be delegated to the Chief Executive Officer, and may be sub-delegated to an employee of the Council if appropriate. If there are any items that require a fresh confidentiality order because the original order is about to expire, then

3 Confidentiality Guidelines: How to Apply Section 90 of the Local Government Act 1999, LGA(SA)



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the reviewer will prepare a report to Council making recommendations with respect to each item to be retained in confidence. Each item must then be addressed separately and assessed against section 90(3) and section 91(7) of the Act. While Council may delegate the power to undertake an annual review, the Council cannot delegate the power to apply sections 90(3) and 91(7) of the Act. A Council may resolve to exclude the public from a meeting to discuss and undertake consideration of the recommendations arising from the annual review in confidence, subject to the application of the relevant ground under section 90(3) of the Act. Section 90(3) of the Act will be applied separately to each item and not en bloc. If there is no longer any need for the confidentiality order, Council may delegate to an employee of the Council the power to revoke an order made in accordance with section 91(7) of the Act. A Council may also include in the resolution whether any delegation is given to an employee to revoke the order and if relevant, any conditions associated with the delegation.

10. Accountability and Reporting to the Community A report on the use of sections 90(2) and 91(7) by Council will be included in the Annual Report of Council as required by Schedule 4 of the Act. This supports Council’s commitment to the principle of accountability to the community. The report will include the following information, separately identified for both Council and Committees: Number of occasions each of the provisions of section 90(2) & 90(3) were utilised;

Number of occasions each of the provisions of section 90(2) & 90(3) and section 91(7) were utilised, expressed as a percentage of total agenda items considered;

An indication of any particular issues that contributed to the use of confidentiality provisions on more than one occasion, e.g. a proposal to acquire a parcel of land was considered on three (3) separate occasions;

Number of occasions that information originally declared confidential has subsequently been made publicly available; and

Number of occasions that information declared confidential has still not subsequently been made publicly available and the reason for this in each case.

11. Further information and Review

Any future amendment or alteration (other than minor) to this code of practice will be subject to public consultation in accordance with Council’s Community Engagement Policy. The Council will review this code on an annual basis to ensure that the principle of open government is being applied in a proper manner (including within 12 months after a periodic election in accordance with section 92 of the Local Government Act 1999. The next scheduled review is due to occur in December 2019. This code of practice will be available for inspection at the Council offices listed below during ordinary business hours and available to be downloaded, free of charge, from Council’s website: www.coorong.sa.gov.au.




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Coorong Civic Centre Meningie Information Hub Tintinara Customer Service Centre

95-101 Railway Terrace 49 Princes Highway 37 Becker Terrace

Tailem Bend Meningie Tintinara

Phone: 1300 785 277 Phone: 1300 785 277 Phone: 1300 785 277

Fax: 8572 3822 Copies will be provided to interested parties upon request. Email [email protected]. Any grievances in relation to this code of practice or its application should be forwarded in writing addressed to: The Chief Executive Officer Coorong District Council PO Box 399 TAILEM BEND SA 5260.

mailto:[email protected]


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3. CODE OF PRACTICE FOR PROCEEDINGS OF COUNCIL AND COMMITTEE

MEETINGS - REVIEW


Strategy 1.7 – Achieve or implement the statutory and core responsibilities of Council.


Code of Practice for Access to Meetings of Council and Committees and Council Documents Code of Conduct for Elected Members Code of Conduct for Council Employees Informal Gatherings Policy

Statutory Requirement Yes Financial Implications Nil Author of Report Executive Assistant Officers Consulted Chief Executive Officer, Director Community & Corporate Recommendation That Council adopts the Code of Practice for Proceedings of Council and Committee Meetings as amended.

REPORT Purpose The purpose of the Code of Practice for Proceedings of Council and Committee Meetings (‘the Code’) is to provide an overview of the legislative requirements and Council’s practices and procedures in regards to the conduct of Council and Council Committee meetings. Background This document provides an overview of Council’s procedures (formal and informal) for the conduct of Council and Council Committee meetings. Section 86 of the Local Government Act 1999 (the Act) provides that the procedure to be observed at a meeting of a Council will be as prescribed by Regulation. If a procedure is not prescribed by Regulation it can be determined by the Council. In addition Regulation 6 of Local Government (Procedures at Meetings) Regulations 2013 (the Regulations) stipulates that certain of the regulations can be varied by a resolution of the Council supported by two thirds of those entitled to vote. These must be recorded in a ‘Code of Practice’. This document sets out where Coorong District Council has made these determinations. While this Code of Practice for Proceedings of Meetings is not intended as a transcription of the mandatory provisions of the Act and Regulations, distinctions have been made throughout the Code between legislative requirement and Council practice.


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The Code is subject to an annual review cycle. Discussion Council has previously adopted a Code of Practice for Proceedings of Council and Committee Meetings. Since undertaking the last cyclical review, significant changes have been applied to the document as attached to this report. It is therefore recommended that Council adopt the Code of Practice as a new document. Decision Points As outlined above the attached document contains distinction between legislative requirements and Council practice. Parts of the document titled ‘Council practice’ have been broken up in colour coded boxes. These sections will be workshopped with Council on 18 December 2018 prior to adoption of the Code of Practice. The Yellow boxes contain Council practice where the Local Government Act 1999 (‘the Act’) or Local Government (Procedures at Meetings) Regulations 2013 (‘the Regulations’) are silent, or no provisions have been supplied. The boxes outline Council practice which has been previously adopted by Council, and it is recommended that the majority of these practices are retained unless otherwise stated (there are some recommendations for Council to consider – refer to attachment), but can be altered if Council wishes to do so. Practice contained within the Blue boxes outlines discretionary procedures which can be altered as provided by section Regulation 6 of the Regulations. Recommendations have been made within the body of the Code for Council decision. Practice set out within the Green boxes outlines previous or historic meeting procedure made by Council. Recommendations have been made to Council to bring Council procedure in line with current legislation and industry standards. All recommendations (decision points) are numbered and highlighted red within the document. It is requested that Council Members pay particular attention to the boxes highlighted blue and green. As mentioned above, the items within these boxes will be workshopped comprehensively with Council prior to adoption of the Code on 18 December 2018 (the Code will be amended upon feedback received and then tabled at the ordinary meeting for decision).


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Code of Practice

Proceedings of Council and Committee Meetings

Strategic Reference

Objective 1; A caring, healthy and resilient community. Strategy 1.7; Achieve or implement the statutory and core responsibilities of Council.


Responsibility Office of the Chief Executive Officer

Revision Number 6

Effective date May 2000


Minutes reference xxx/18, 257/17, 273/15, 291/14, 455/13, 323/12, 279/11

Next review date Annually, December 2019

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

Related Policies

Code of Practice for Access to Meetings of Council and Committees and Council Documents Code of Conduct for Elected Members Code of Conduct for Council Employees Informal Gatherings Policy

Related Documents

Confidentiality Guidelines: How to Apply Section 90 of the Local Government Act 1999, LGA(SA) Council Meeting Procedures Handbook 2013 (with amendments 2015) LGA(SA) Conflict of Interest Guidelines – October 2016

1. Purpose

This document provides an overview of Council’s procedures (formal and informal) for the conduct of Council and Council Committee meetings. Section 86 of the Local Government Act 1999 (the Act) provides that the procedure to be observed at a meeting of a Council will be as prescribed by Regulation. If a procedure is not prescribed by Regulation it can be determined by the Council. In addition Regulation 6 of Local Government (Procedures at Meetings) Regulations 2013 (the Regulations) stipulates that certain of the regulations can be varied by a resolution of the Council supported by two thirds of those entitled to vote. These must be recorded in a ‘Code of Practice’. This document sets out where Coorong District Council has made these determinations.


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While this Code of Practice for Proceedings of Meetings is not intended as a transcription of the mandatory provisions of the Act and Regulations, distinctions have been made throughout the Code between legislative requirement and Council practice. In setting the procedures in this document Council has applied the Guiding Principles as set out in the Local Government (Procedures at Meetings) Regulations 2013, Regulation 4 as printed below: (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; and (d) procedures should be sufficiently certain to give the community and decision makers

confidence in the deliberations undertaken at the meeting.

2. Local Government Legislation for the Conduct of Council and Committee Meetings

2.1 Interpretations Clear days in the calculation for giving notice before a meeting: the day on which the notice is given and the day on which the meeting occurs will not be taken into account; and Saturdays, Sundays and public holidays will be taken into account. If notice is given after 5pm on a day, the notice will be taken as given on the next day. Leave of the Meeting: a vote on whether leave of the meeting is granted may be conducted by a show of hands – but nothing in sub regulation r3(4) prevents a division from being called in relation to the vote.

2.2 The Local Government Act 1999 The provisions for the conduct of meetings of Council and Council Committees and the decision making processes at Council and Committee meetings are prescribed by the Local Government Act 1999 (the Act). Chapter 6 of the Act and in particular section 86 contain the provisions for procedures at Council meetings; section 89 contains the provisions for proceedings at committee meetings.

2.3 The Local Government (Procedures at Meetings) Regulations 20013 The Local Government Meeting Regulations are in 4 parts. Council has resolved that parts 1 – 4 apply to all Council and Council Committee Meetings. The meeting practices in this Code therefore apply to both Council and Council Committees unless stated otherwise in a Committee Terms of Reference. For example Council Assessment Panels are established in accordance with the provisions of the South Australian Development Act 1993 and Planning, Development & Infrastructure Act 2016, and therefore the provisions of the Local Government Act 1999 do not apply to CAP meetings.


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3. Overview of Council and Council Committee Meeting structure

3.1 Composition of Council The Council consists of the Principal Member/Mayor (from this point to be referred to as ‘Mayor’) and eight (8) Council Members who represent residents and ratepayers in three (3) Wards: Lakes, Mallee and Parks.

3.2 Council Meetings Council meetings will be held at the Coorong Civic Centre Chambers, 95-101 Railway Terrace, Tailem Bend as determined by resolution of Council and will commence at 6.00pm on the third Tuesday of each month (unless otherwise resolved by Council). Note: This time is being trialled for a period of six (6) months, after which this time (June 2019), the Council will re-evaluate this time slot for Council meetings.

3.3 Council decisions Decisions of the meeting are expressed in the form of a resolution which is decided by a majority of votes of the Members present (majority is interpreted as half of those present plus one). The Council or Council Committee cannot make a decision, unless it is done by resolution. Once a resolution is reached all Members should respect the Council decision despite their individual opinion.

3.4 Council Committees

Legislative requirement Council appoints Committees under Section 41 of the Local Government Act 1999.

Council practice Committees are appointed by Council, and have their own Terms of Reference.

4. Council and Council Committee Meeting Practices

4.1 Pre-meeting processes (Council and Committee Meetings)

Council practice Council Members are encouraged to contact senior staff prior to Council and Committee meetings to clarify matters appearing on the agenda as well as seeking information which might otherwise lead to a Question without Notice at a Council Meeting. The preferred method of contact is email. All emails should include a copy to the relevant Director and all Council Members. A response to the query will be provided via email to all Council Members.

4.2 Commencing a Council Meeting Council practice After the opening of the Council Meeting the following statements are delivered by the Mayor: Civic Prayer ‘Almighty God, help us to duly and faithfully carry out our numerous duties to the best of our judgement and ability for the advancement of this district and the benefit of all whom we are here to serve. Amen.’


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Indigenous Acknowledgement ‘The Coorong District Council acknowledges the traditional owners of the land on which we meet’. This does not apply to meetings of Committees.

4.3 Addressing the Chair Council practice In Council meetings the following form of address should be used:

Mayor – Mayor and last name, e.g. Mayor Bloggs

Council Member – Councillor and last name, e.g. Councillor Bloggs

Staff – salutation and last name or title, e.g. Mr Bloggs

At Council meetings the Mayor will stand to introduce visitors.

4.4 Order of speaking Council practice At Council and Committee meetings Council Members (and other Committee appointments) will raise their hand and wait to be acknowledged by the Chair of the meeting. This will apply for: questions on reports

determining the order of speaking on an agenda item.

Staff will respond to questions from the floor by invitation of the Mayor.

4.5 Meeting conduct for Council Members and staff Council practice Council Members are expected to abide by the principles of Council’s Code of Conduct for Elected Members, and staff, according to the Code of Conduct for Council Employees. In the Chamber and during Committee meetings, Council Members and staff should: be respectful in their language and behaviour

show respect to the Meeting and members of the community

be appropriately attired

speak clearly for the benefit of the gallery

limit the amount of distracting activities such as passing of notes, speaking to other Members etc.

switch off any mobile telephones, unless permission has been sought from the


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Chair, e.g. for security or emergency requirements

respond to questions from the floor at the request of the Chair and acknowledge the Chair

4.6 Leaving the Meeting Council practice A Member who leaves either a Council or Council Committee meeting should indicate this to the Chair, e.g. by standing, facing the chair and making eye contact before leaving the meeting. This will also allow the Minute taker to note the absence.

4.7 Attendance at Meetings, apologies and leave of absence

4.7.1 Council Meetings Legislative requirement Members should seek leave of the Council meeting (‘Leave of Absence’) if they intend being absent for more than three (3) consecutive Ordinary Council meetings in a three-month period. This provides a record of attendance that may be of evidential value if a Member is absent without leave for three (3) or more consecutive meetings, such that it may trigger action under section 54 (1)(d) of the Local Government Act 1999 (forthwith referred to as the Act). Council practice Apologies for non-attendance at a Council meeting should be forwarded to the Chief Executive Officer before the time of the meeting and will be recorded in the Minutes. Recommendation 1 Council Members seeking a Leave of Absence should provide a motion with notice which includes the dates of the planned absence, e.g.:

Cr. Bloggs moves that Council grant a leave of absence to Cr. Joe Bloggs from 5 December 2018 for a period of three (3) months.

OR Council may choose to resolve to delegate authority to the Chief Executive Officer to grant a leave of absence as requested by Council Members.

4.7.2 Committee Meetings Council practice The Mayor is an ex-officio member of all Council Committees, with the exception of those Committees where appointment by Council has occurred, and will be provided with a copy of all Committee agendas and minutes. Apologies for non-attendance at a Committee meeting are forwarded to the Chief Executive Officer and are recorded in the Minutes. Council Members who are not members of a particular Committee may attend as


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observers only, unless the Committee passes a resolution allowing them to participate in discussion (only) on a particular agenda item.

4.8 Quorum Legislative requirement Section 85, Local Government Act 1999 Regulation 7, Local Government (Procedures at Meetings) Regulations 2013 The quorum for a Council meeting is ascertained by dividing the total number of members in office by two (2), ignoring any fraction resulting from the division and adding one (1). The quorum for a committee meeting is the total number of members of the committee divided by two (2), ignore any fraction, and add one (1); or (where permitted by the Act and Regulations) a number determined by the Council and set in the Committee’s Terms of Reference. No business can be transacted at a Council or Committee meeting unless a quorum is present. If the number of apologies received by the Chief Executive Officer before the meeting indicates that a quorum will not be present, the CEO may adjourn the meeting to a specified day and time. If at the expiration of 30 minutes from the time specified in the notice of meeting a quorum is not present, the presiding member (or in his/her absence the CEO) will adjourn the meeting to a specified day and time. If a quorum is lost because a member cannot participate in a particular matter pursuant to section 74 of the Local Government Act 1999 (disclosure of material conflict of interest), the matter must be adjourned (so that the remainder of the meeting may proceed). If a quorum at a meeting cannot be formed because a member proposes to exclude himself or herself from the meeting in a particular matter pursuant to section 75A of the Act (disclosure of actual or perceived conflict of interest), the member will not be taken to have contravened the Act by participating (including by voting) in the meeting in relation to the matter if the attendance of the member, together with any other required number of members, forms a quorum for the meeting.

4.9 Conflict of Interest Legislative requirement Sections 73-75A, Local Government Act 1999 It is a Member’s responsibility to make sure they are aware of and understand the provisions of Sections 73 to 75A of the Local Government Act 1999 in relation to declaration of interest, conflict of interest and disclosure. A Member who has an interest in a matter before the Council must disclose the interest to the Council or Committee and deal with the interest in accordance with the provisions of the Local Government Act 1999 (material, actual and perceived conflicts of interest are all dealt with differently). Council practice If Council Members wish to seek advice about a possible conflict of interest before a meeting they should contact the Chief Executive Officer.


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4.10 Order of business Council practice The order of business shall be in accordance with the published agenda (as resolved by a new Council at its first ordinary meeting). However the Council or Committee may, by resolution or by leave of the meeting amend the order of business as set out in the agenda. The Mayor or Chairperson may (at their own initiative or at the request of a Member of Council) seek leave of the meeting to bring forward items for debate and resolution where for example: a large gallery is present for the item

contractors or consultants are present to make presentations.

4.11 The Presiding Member (Mayor or Chairperson) Legislative requirement Section 86(1), Local Government Act 1999 When the Mayor is present at an Ordinary Council meeting they must Chair the meeting. In the absence of the Mayor, the Deputy Mayor will Chair the meeting. If the Deputy Mayor is not available, a Member of the Council is chosen by resolution of those present. Council practice Chairpersons and Deputy Chairpersons of Council Committees are appointed by Council for the term of the Council. The Chairperson has a duty to be fair and impartial to all. For both motions and amendments the Chairperson should note the mover, seconder, questioners and speakers in the debate. The Chair may request that a lengthy motion without notice be presented in writing for accuracy of recording.

4.12 Reports from Council Members Council practice The Mayor is required to provide a report each month for distribution with the agenda. The report should include events of a civic nature that have occurred since the last report, and information about future important activities or other civic matters of interest to the community. Council Members are required to provide a summary list of meeting attendances for distribution with the agenda at least every three (3) months. Additional reports including other relevant documentation and information are encouraged to advise Council on activities undertaken by Council Members during the course of their business. In the interest of efficient meeting practice, Members are not expected to speak to their


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reports at the meeting, but can be asked questions from the floor.

4.13 Questions on Notice Legislative requirement Regulation 9, Local Government (Procedures at Meetings) Regulations 2013 A Question on Notice:

must be received by the Chief Executive Officer at least five (5) clear days before the meeting (see 2.1 Interpretations)

will be placed on the agenda, and if time permits a written response will be provided in the agenda by the relevant officer

will be entered into the minutes with the reply

should generally relate to an operational, strategic or policy matter of the Council

the Mayor may rule that a question with or without notice not be answered if it is vague, irrelevant, insulting or improper.

4.14 Questions without Notice

Legislative requirement Regulation 9, Local Government (Procedures at Meetings) Regulations 2013 Council Members may ask Questions without Notice at a meeting. Questions should be direct and not used as an additional means to extend debate. A Question without Notice and the reply will not be entered into the minutes unless the members present at the meeting resolve that an entry should be made. The Mayor may allow the reply to be given at the next meeting or may seek advice from the CEO for a direct response. Council practice Staff are available to answer questions before meetings. Recommendation 2 Previous general practice has been to record a brief outline of the response for each question without notice within the minutes, however to comply with regulation 9(5), the following is strongly recommended moving forward: A subject heading denoting the nature of a Question without Notice and the name of the officer who provides the reply will be entered into the minutes.

4.15 Motions and debating Legislative requirement Regulation 12, Local Government (Procedures at Meetings) Regulations 2013 A motion is a formal proposal and usually results in an action. It should be presented clearly and unambiguously. A motion lapses if it is not seconded at the appropriate time.


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Council practice Motions without notice and amendments from the floor are encouraged to be provided to the Chair of the meeting in writing.

4.15.1 The rules for speaking to a motion These rules apply to both Council and Council Committee meetings unless stated otherwise. Legislative requirement Regulations 12-14, Local Government (Procedures at Meetings) Regulations 2013 No Member is permitted to speak for more than five minutes at any one time without leave of the meeting. When a Member requests leave of the meeting, the question is put to the meeting, if the majority vote in favour, leave is granted. At a Council meeting a Member may only speak once to a motion except: to provide an explanation, but not to introduce any new matter

with leave of the meeting

as the mover in reply.

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. Once a motion is moved and seconded it can be varied by seeking leave of the mover, consent of the seconder and leave of the meeting (see 2.1 Interpretations) to vary the wording. To gain leave of the meeting the presiding member asks the meeting - ‘is leave granted?’ If the majority of members indicate in the affirmative, leave is granted for the action to occur. If either the mover or the seconder of the motion do not accept the variation an amendment can be moved. If an amendment is moved and seconded only one further amendment can be moved. If the amendment or a further amendment is lost the original motion is put and voted on. Council practice Recommendation 3 It is recommended that the following practice be adopted by Council: All speakers must address the Chair (“speaking through the Chair”). Members must refer to each other by their respective titles, e.g. Cr Bloggs A Member must move a motion before commencing their five (5) minutes of speaking. Motions with or without notice should be clearly written down and presented to the Minute Taker. Once a seconder is identified the Chair will invite the mover of the motion to speak to the


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motion. The mover of a motion can speak at this time or reserve their right to speak later. The seconder may reserve their right to speak to the motion at the time of seconding. Once the motion has been moved and seconded, balanced debate should ensue. The Mayor or Chairperson may ask if there are any members who wish to speak for or against the motion. If there are none, then the motion may be put to the vote. A Member who has moved a motion may ‘close the debate’ by replying to those who have spoken on the motion. After that right is exercised, the debate is closed and the motion must be put to vote. The reply should not introduce new material to the debate. With leave of the meeting a variation may be requested of the mover by a member who has already spoken in the debate. The mover of a motion can also speak to an amendment without losing the right of reply in relation to the original motion.

4.16 Report of Officers Council practice A report is provided by Officers on an agenda item. All reports include a recommendation(s). These recommendations are not a resolution; they have no status until moved and seconded by the meeting. Members may reject the report recommendation altogether and move a motion with their own words. Authors of reports will ensure that: reports contain recommendations which are complete statements and which may

form part or all of a resolution able to be adopted at the meeting

recommendations are outcome oriented and provide clear direction

requirements such as signing and sealing of documents and the appropriate delegations and authorisation are clearly identified

When a recommendation in a report refers to another document: the document or an extract will be attached

the complete name of the document will be cited. If a recommendation has several parts a Member may request the Chair to handle one or all parts as separate motions.

4.17 Petitions A petition is a formal tool that provides individuals or groups in the community with an opportunity to present their opinions to the meeting. Petitions are received at Ordinary Council meetings only. Legislative requirement Regulation 10, Local Government (Procedures at Meetings) Regulations 2013 Petitions to Council must:


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be legibly written, typed or printed

clearly set out the request or submission of the petitioners

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

be addressed to the Council and delivered to the Principal Office of the Council.

Once the petition is received at the principal office the CEO must ensure that the petition or, if the Council has determined, a statement as to the nature of the request or submission and the number of signatures or persons endorsing the petition, on the agenda of the next Council meeting or, if so provided by a policy of the Council, a committee of the Council. Council practice Recommendation 4 It is recommended that the following practice be adopted by Council: The petition should include, for each person who has signed the petition, their name, address and normal signature. Petitions received addressing Development Applications will be referred for the information of the Council Assessment Panel. Following the receipt of a petition, an item will be listed on the Agenda for the next Ordinary Meeting of Council addressing the matter raised by the petitioners. The first page of the petition will be included as an attachment to the report. The complete petition will be tabled at the meeting. If the petition is received after the agenda has been finalised, it will be presented at the following meeting. A request for a petition to be withdrawn from the Agenda will be accepted if received from the Head Petitioner before the agenda has been finalised. The petition will be reviewed by Council staff for errors, duplicate names and invalid entries.

4.18 Deputations Legislative requirement: Regulation 11, Local Government (Procedures at Meetings) Regulations 2013 A Deputation may be made by a person or persons who wish to appear personally before a Council or Council Committee meeting in order to speak on a particular matter. A person wishing to appear as a Deputation must deliver a written request to the Principal Office of the Council. The request is forwarded to the Mayor who will decide if the request is granted or refused. If it is refused the Mayor must report the decision to the next meeting of the Council or


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Council Committee. The CEO must take reasonable steps to ensure the person(s) who requested the deputation are informed of the outcome of the request. The Council may resolve to allow a Deputation to appear despite a contrary ruling by the Mayor. Council practice Deputations are limited to a maximum of three (3) per Council Meeting. A request for a Deputation must be received at the Principal Office of the Council by mid-day on the day of the meeting at which the Deputation wishes to appear. Any request for a Deputation received after this time will be treated as a request to appear at the next ordinary meeting of the Council. The hearing of a Deputation may be referred to the relevant Council Committee unless the person(s) seeking the deputation request to be heard at a Council meeting. Attendance or non-attendance must be notified in writing with details of the date and time of the meeting as well as the length of time to speak (if approved). Persons are allocated a 10 minute time limit in which to address the meeting excluding questions. This time can be extended by a resolution of the Council or Committee. Council Members will be invited to ask questions after the Deputation.

4.19 Public Question Time

Council practice Recommendation 5 To promote community participation and engagement in the business of Council and to improve openness, transparency and accountability there shall be a public open forum – question time at each ordinary meeting of Council. The guidelines for Public Question Time are available to view under Appendix 1.

4.20 Addresses by Members

Legislative requirement Regulation 15, Local Government (Procedures at Meetings) Regulations 2013 The procedures in relation to members addressing the Council are: (1) A member must not speak for longer than five minutes at any one 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. Regulation 8 requires that an account of any personal explanation given by a member will be recorded in the minutes.

4.21 Notice of Motion Legislative requirement


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Regulation 12, Local Government (Procedures at Meetings) Regulations 2013 A Notice of Motion requires written notice from a Member to the Chief Executive Officer at least five clear days (see 2.1 Interpretation) before the date of the meeting at which the motion is to be moved. Written notice includes facsimile and email. Notices of Motion will be dealt with whether or not the Member who submitted it is present at the meeting. The meeting may resolve to defer consideration of the Notice of Motion until the Member is present. A rescission motion is a motion that, if carried, would revoke or amend a resolution passed since the last periodic election of the Council. A rescission motion must be brought forward by written Notice of Motion and will be treated in the same manner as any other Notice of Motion. However, if a rescission motion is lost, a notice to the same effect cannot be brought again for a twelve month period or until after the next periodic election, whichever is the sooner.

4.22 Motion without Notice Legislative requirement Regulation 12, Local Government (Procedures at Meetings) Regulations 2013 A Member may bring forward any business by way of a Motion without Notice. The Mayor or Chairperson may refuse to accept a Motion without Notice if they consider that the motion should be dealt with as a written Notice of Motion, or if the subject matter is, in his or her opinion, beyond the power of the Council or Council Committee (as the case may be).

4.23 Amendment to Motions An amendment to a motion is an alteration to the wording of a motion – it is not a motion in its own right. The purpose of an amendment is to refine or modify the substantive motion but not to substantially change the intent of the motion or to contradict it. Legislative requirement Regulation 13, Local Government (Procedures at Meetings) Regulations 2013 An amendment to the substantive motion is moved after the motion has been moved and seconded. The presiding member will not accept a proposed amendment that is a direct negative of the motion, substantially changes the motion or the intent of the motion. An amendment will lapse if it is not seconded at the appropriate time. If an amendment is lost, only one further amendment may be moved to the original motion. If an amendment is carried, only one further amendment may be moved to the amended motion. Any debate on an amendment must be confined to the amendment and not the substantive motion. There is no right of reply to an amendment because it is not motion. The right of reply is the prerogative of the mover of the motion even if the motion has been amended. Likewise, no division can be called on an amendment because it is not a motion.


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Council practice Recommendation 6 It is recommended that the following practice be adopted by Council: In the interest of practicality, and in acknowledgement of the small number of Members taking part in the debate, Council has determined that the following discretionary principles will be applied to the debate of amendments: A member (other than the mover or seconder of the motion) who has spoken to a motion at an earlier stage of the debate may move or second an amendment to the motion. A member who moves or seconds an amendment (and, if he or she chooses to do so, speaks to the amendment), will not, in so doing be taken to have spoken to the motion to which the amendment relates. A member (other than the mover or seconder of the motion or a previous amendment) who has spoken to a motion at an earlier stage of the debate may move or second another amendment to the motion, if the first amendment is lost. Members are requested to indicate an intention to move an amendment early in the debate, and can then reserve the right to speak at a later time.

4.24 Voting Legislative requirement Regulation 16, Local Government (Procedures at Meetings) Regulations 2013 As the Mayor is selected from amongst the Council Members he/she has a deliberative vote at the Council meeting, but does not, in the event of an equality of votes, have a casting vote. Likewise the Chairperson of a Committee has a deliberative vote but does not in the event of an equality of votes have a casting vote. Each Member present at a Council or Committee meeting and seated at the time that the motion is put must vote on a motion. Motions are decided by a majority of votes. The Presiding Member (Mayor or Chairperson) will, in taking a vote, ask for the votes of those Members in favour of the motion, then for the votes of those Members against the motion and then declare the outcome. A Member who is not in their seat is not permitted to vote.


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Council practice Recommendation 7 It is recommended that the following practice be adopted by Council: If a Member is in proximity of the meeting room the Chair of the meeting may allow the Member to vote on a motion (seated or not seated).

Council practice Council has previously resolved that the Minute Taker will record the names of Members who voted in the affirmative and the negative in the following manner: (a) Members voting in the affirmative will raise their hand until the vote is recorded. (b) Members whose hand is not raised will be recorded as voting in the negative. (c) All Members are responsible for checking that their name is correctly recorded on

the screen displayed at the meeting before moving to the next item of business. The Minute Taker will also record whether the motion was carried, carried unanimously, lost, or lapsed. This practice is outdated and not in line with all other SA councils, and is seen to be creating a divide amongst Council Members, rather than the Members acting as one entity. It also diminishes the necessity / effectiveness of calling a division. Recommendation 8 In moving forward, it is recommended that Council treat the resolution and its effects as outlined above as historic, and undertake the following process in accordance with Regulation 16: The Presiding Member (Mayor or Chairperson) will, in taking a vote, ask for the votes of those Members in favour of the motion, then for the votes of those Members against the motion and then declare the outcome. The vote will be recorded as CARRIED, LOST, or TIED. Members names will not be individually recorded unless a division is called (at which point Clause 4.26 will be adhered to).

4.25 Tied Vote in Meetings of Committees of Council


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Council practice The result of a tied vote is that the Motion lapses because it is neither carried nor lost. When a vote on a Motion is tied at a Council Committee the Committee Chairperson will declare that the result of the vote was tied. The Committee Chairperson will then call for the matter to be voted upon again. If the vote again is tied the Committee Chairperson will advise the meeting “as a result of the tied vote the matter will (in accordance with Council Policy) be referred to the Council for determination”. When a vote on an Amendment is tied at a Council Committee meeting the Amendment lapses (and that amendment (or the intent thereof) can not be put again). When a vote on an Amendment is tied at a Council Committee the Committee Chairperson will declare that the result of the vote was tied. The Committee Chairperson will then call for the Amendment to be voted upon again. If the vote again is tied the Committee Chairperson will advise the meeting “as a result of the tied vote the Amendment will (in accordance with Council Policy) lapse”. The Motion will then be put or a further Amendment moved (provided that there are no more than a total of two (2) Amendments).

4.26 Divisions There are two purposes for a division:

to achieve a new vote on the question, in which case the previous decision on the question of the motion being ‘carried’ or ‘lost’ is set aside; and

to achieve the recording in the minutes of the names of the members voting for and against the question.

Legislative requirement Regulation 17, Local Government (Procedures at Meetings) Regulations 2013 A division will be taken at the request of a member once the vote on a motion has been taken and does not require a seconder. If the meeting has moved on to the next agenda item, a Division cannot be called. 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. There is no legal obligation upon a Member to vote in a Division in the same manner that he/she voted on the immediately preceding decision. The division will be taken as follows— (a) Members voting in the affirmative will, until the vote is recorded, stand in their

places.

(b) Members voting in the negative will, until the vote is recorded, remain seated.

(c) The Presiding Member (Mayor or Chairperson) will count the number of votes and declare the outcome.

The CEO will record the names of Members who voted in the affirmative and the negative as well as the result of the vote (Division).

4.27 Tabling of Information Legislative requirement Regulation 18, Local Government (Procedures at Meetings) Regulations 2013


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A Member may require the CEO to table any documents of the Council relating to a motion that is before a meeting. The CEO must then table the documents within a reasonable time, or at a time determined by the Mayor or Chairperson after taking into account the wishes of the meeting. If the Member who has made the request 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. The CEO 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 s90 or s91 of the Act. A record of any request for documents tabled at the meeting and a record of any documents tabled at the meeting must be made in the minutes of the meeting. Council practice Requests for the tabling of information should be reasonable and: accurately specify the document or documents being sought to enable them to be

identified and located

establish the relevance of the document/s or documents to the motion that is before the meeting.

If a Member is unable to satisfy these criteria, the Mayor or Chairperson can refuse to accede to the request and not defer the vote on the motion. Unless otherwise determined by the meeting, the information requested is to be provided to the next ordinary meeting of Council.

4.28 Formal motions/adjourned business Formal motions are procedural, and are moved/seconded during the course of the debate on a motion. If seconded, a formal motion takes precedence and will be put by the Mayor without discussion. If carried formal motions —

interrupt (stop) or suspend the debate; or adjourn the debate; or adjourn the meeting.

Legislative requirement Regulation 12, Local Government (Procedures at Meetings) Regulations 2013 A “formal motion” is that: the meeting proceed to the next business

the question be put

the question lie on the table

the question be adjourned

the meeting be adjourned. If a formal motion to adjourn is carried the debate will, on resumption, continue from the point at which it was adjourned.


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If debate is interrupted due to the lack of a quorum, and the meeting is then adjourned, the debate will, on resumption, continue from the point at which it was interrupted. Business adjourned from a previous meeting must be dealt with before any new business at a subsequent meeting. Council practice Items of business that are “laid on the table” remain “on the table” and no staff action is required in relation to reviewing those items of business other than recording the names of those who have already spoken. It requires a motion from an Elected Member (& subsequent resolution by the Council) for the item to be “lifted from the table”. A Member who has already spoken may not speak again except as a right of reply or by leave of the meeting. Items of business that are adjourned must be recorded with a reason for the adjournment and a trigger of either a date or a set of circumstances for resumption. Staff then list the item on a Council meeting agenda when the date or set of circumstances is reached. Where Council or a Committee has been meeting for an extended period of time without an adjournment, the Mayor may, with the leave of the meeting, adjourn the meeting for a short period of time. Recommendation 8 In the past Council practice has been to resolve whether to continue after 3 ½ hours. The following is put to Council for decision: A resolution is required at 9:30 pm for a decision whether to continue with the meeting or adjourn the remaining business to another day.

4.29 CEO may submit a report recommending revocation or amendment of a Council decision

Legislative requirement Regulation 21, Local Government (Procedures at Meetings) Regulations 2013 The CEO may submit a report to the Council recommending revocation or amendment of a Council resolution passed since the last general election of the Council.

The CEO must ensure that the report is placed on the agenda for the meeting at which the

report is to be considered.

Council practice In this instance it is still necessary for the Council to make a decision on the recommendation. A motion at the Council meeting to revoke or amend a previous decision moved, seconded and carried is required for the revocation or amendment of the previous resolution to be implemented. Recommendation 9 It is recommended that the following practice be adopted by Council: If the motion is lost the provisions of Regulation 12(4) would apply; a motion to the same effect cannot be brought—


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a) until after the expiration of 12 months; or b) until after the next general election

4.30 Close of Meetings

Council practice Ordinary meetings of Council should finish at the end of business but no later than 9.30pm (subject to Recommendation 8 under Clause 4.28) with an extension of time only when necessary to conclude the business of the meeting.

4.31 Minutes of Meetings Legislative requirement Regulation 8, Local Government (Procedures at Meetings) Regulations 2013 The Minutes of a Council meeting should include: the names of the Members present at the meeting 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 each motion or amendment, and the names of the mover and seconder; and any variation, alteration or withdrawal of a motion or amendment; and whether a motion or amendment is carried or lost; and any disclosure of interest made by a member; and an account of any personal explanation given by a member; and details of the making of an order under subsection (2) of section 90 of the Act (see

subsection (7) of that section); and 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 details of any adjournment of business; and a record of any request for documents to be tabled at the meeting; and a record of any documents tabled at the meeting; and a description of any oral briefing given to the meeting on a matter of council

business; and any other matter required to be included in the minutes by or under the Act or any

regulation. Where resolutions include amendments to documents, they should, where possible, record the details of those amendments in the wording of the resolution. The Minutes of a Committee meeting should include: the names of the members present at the meeting; and each motion carried at the meeting; and any disclosure of interest made by a member; and


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

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.

Council practice Minutes are a formal record of decisions made at Council and Committee meetings. They are not a transcript of the meeting. Other matters can be recorded if requested by the meeting. The Minutes of Committee meetings are placed on the next available Council Agenda in accordance with the Committee Terms of Reference. An accompanying report highlights matters for Council to note and/or adopt specific recommendations. Council may adopt or vary the recommendations of a Committee.

4.32 Confidential items

Legislative requirement Section 90, Local Government Act 1999 Confidential items are managed in accordance with Section 90 of the Local Government Act (1999). When a resolution is passed to consider an item in confidence: members of the public gallery (and staff when required) shall be asked to leave the

Chamber

the doors of the Chamber are closed. Once the item has been considered, the meeting is re-opened and the public invited to return. Council practice Confidential reports are scheduled toward the end of the agenda. All confidential items will be clearly identified as confidential. A bin will be provided in the Council Chamber for Members to discard confidential papers after the meeting.

4.33 Workshops/Briefings Council practice Briefings for Council Members on a variety of topics relevant to the business of Council are arranged as necessary or requested by Council. These ‘designated informal gatherings’ do not aim to obtain a decision on a matter outside a formally constituted Council or Committee meeting. Refer to Council’s Informal Gatherings Policy for further information. Briefings or workshops are generally held twice a month, occurring on the first and third Tuesday of the month. Members are provided with a ‘Briefing Notification’ within three days of the session which incorporates an outline of the matters for discussion. Where possible Workshops and Briefings will be held in the same location and same day


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as the Council meeting.

4.34 Special Council Meetings

Legislative requirement Sections 82-83, Local Government Act 1999 Special meetings of Council may be held at any time in accordance with the provisions of s82 of the Local Government Act 1999. A request for a Special Meeting must be made to the Chief Executive Officer. It may be made by: the Mayor

at least three Members of the Council

a Council Committee at which three members of the Council vote in favour of making the request.

An agenda is required to be provided to the Chief Executive Officer at the time of request. At least four hours notice is required for a Special Meeting of Council.

4.35 Special Committee Meetings Legislative requirement Section 87, Local Government Act 1999 Special meetings of Committees may be held at any time in accordance with the provisions of s87 of the Local Government Act 1999. A request for a Special Meeting must be made to the Chief Executive Officer. It may be made by: the Chairperson of the Committee

at least two Members of the Committee. At least four hours notice is required for a Special Meeting of Committee.

5. Further information As per Regulation 6, Council will review the operation of this Code of Practice at least once in every financial year. This code of practice will be available for inspection at the Council offices listed below during ordinary business hours and available to be downloaded, free of charge, from Council’s website: www.coorong.sa.gov.au. Coorong Civic Centre Meningie Information Hub Tintinara Customer

Service Centre

95-101 Railway Terrace 49 Princes Highway 37 Becker Terrace

Tailem Bend Meningie Tintinara

Phone: 1300 785 277 Phone: 1300 785 277 Phone: 1300 785 277

Fax: 8572 3822



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Copies will be provided to interested parties upon request. Email [email protected]. Any grievances in relation to this code of practice or its application should be forwarded in writing addressed to the Chief Executive Officer of Council.



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Appendix 1

Public Question Time Guidelines

The following Guidelines apply: Council will allocate a maximum of thirty (30) minutes in the Council agenda for each

ordinary meeting for the purpose of public question time. The question time will be held after ‘Deputations’, and listed as Item 6.1 on the agenda. The Mayor shall ascertain at the commencement of question time the number of persons

desiring to speak. The time available shall be allocated to speakers on an equal basis up to a maximum of five (5) minutes, unless extended by leave of Council.

Question time shall be chaired by the Mayor and speakers will be asked to observe rulings by the Mayor.

The Mayor will have discretion to not accept a particular question. Questions are to be restricted to matters relating to Council reports, policy or operation. Those of a personal nature will not be accepted.

It is the Mayor’s discretion whether questions are: a) answered immediately at the meeting and by whom; b) taken on notice and answered at a subsequent meeting; c) answered in writing by Council staff; d) not replied to for reasons of confidentiality, or being vexatious, time wasting, trivial,

irrelevant or of a personal nature. Each Council member will be given the opportunity to ask one question of each person

utilising question time. No discussion on questions and answers will be permitted, with all questions and answers

being as brief as possible. The Mayor will determine when a sufficient response to a question has been provided.

A list of questions asked and brief response given will be recorded in the Council minutes. Should no-one attend the public question time segment Council will proceed with the next

agenda item and the minutes will reflect that there was nil attendance/questions. Members of the public will if necessary be reminded by the Mayor of Section 30 of the Local

Government (Procedures at Meetings) Regulations 2013 which confirm members of the public must not behave in a disorderly manner, or cause interruption.


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4. INDIVIDUAL ACHIEVEMENT POLICY (FORMERLY INDIVIDUAL SPORT &

CULTURAL POLICY) - REVIEW


Strategy 1.6 - Promote active & healthy lifestyle for our communities.


Nil

Statutory Requirement Nil Financial Implications $2,000 budget allocation Author of Report Director Community & Corporate Officers Consulted Nil Recommendation That Council: 1. Change the name of its Individual Sport & Cultural Policy to Individual

Achievement Policy. 2. Releases the Individual Achievement Policy for community engagement in

January 2019 in accordance with Level 1 of the Community Engagement Policy. 3. Adopts the Individual Achievement Policy as amended, subject to no material

feedback being received as a result of the community engagement process.

REPORT Purpose The purpose of the Individual Achievement Policy is to recognise the personal achievement of young individuals residing in Coorong District Council by the provision of financial assistance. Council has a $2,000 budget allocation to support this policy, but in recent years this hasn’t been fully expended. A register of all successful and unsuccessful applications is maintained, with the following being expensed since the policy was introduced:

2011/12 $1,400 2015/16 $200 2012/13 $1,500 2016/17 $1,000 2013/14 $1,400 2017/18 $400 2014/15 $2,400 2018/19 $800

Individual Achievement Policy Review This policy is currently reviewed every two years and was last considered by Council in April 2016. Since the last review some minor issues have been identified by enquiries for funding that were difficult to determine based on the criteria contained in the current version. Further, a name change from Individual Sport & Cultural Policy to Individual Achievement Policy is recommended to encourage applications from youth who may be eligible for activities other than sport.


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To address issues identified which primarily relate to applications for school based activities, the following additions to the criteria have been made since the last review:

1. Have gone through a selection process by the organisation the applicant is competing for

2. Be competing for a community based Club or Group (not a School team unless the School team is representing South Australia or Australia)

3. Be amateur level

The former policy also contained a clause which allowed an individual to access funding more than once if they became eligible to participate at a higher level, in another event, within the same field in a financial year. To allow equity it is recommended that this clause be replaced with applicants being eligible if they haven’t received funding in the current financial year. Community Engagement Proposal Whilst this policy isn’t legislatively required to be subject to community engagement, undertaking this would provide an opportunity to promote its existence. A general and targeted engagement strategy would be undertaken, including direct engagement with schools both inside and outside of the Council area (based on the number of students who attend Murray Bridge High School and Unity College). The community engagement would be undertaken January-February 2019 to coincide with students returning for the school year.


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Individual Achievement Policy

Strategic Reference Objective 1; a caring, healthy and resilient community. Strategy 1.6; promote active & healthy lifestyle for our communities.


Responsibility Community & Corporate Department

Revision Number 6

Effective date December 2008


Minutes reference xxx/18, 044/16, 032/14, 097/12, 265/10; 130/11

Next review date Every two years, April 2020

Applicable Legislation N/A

Related Policies N/A

Related Documents N/A 1. Policy objective

The objective of this policy is to recognise the personal achievement of young individuals residing in Coorong District Council by the provision of financial assistance. This policy is intended to provide a framework for Council to allocate its funds in an effective and equitable manner to individuals who represent South Australia at State, National or International level in their chosen field.

2. Policy statement In preparing its annual budget, Council will consider placing on budget, funds to assist young individuals in achieving their sporting, music, art or cultural goals. The purpose of these grants is to assist eligible young residents of Coorong District Council to participate in sporting and cultural events.

3. Eligibility criteria The key eligibility criteria are that applicants must be:

Individual Sport and Cultural Grants Policy


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Under 18 years of age, still attending school and be residents of Coorong District Council area participating in either;

- A sporting, music, art or cultural activity at State, National or International level.

- Any other event or activity at State, National or International level that Council determines is appropriate on individual assessment.

4. Allocation of grants

Applicants are eligible for funding once per financial year as follows: $100 per representation for events held in South Australia

$200 per representation for events held interstate

$400 per representation for events held overseas.

5. Conditions of application Applicant must be a resident of Coorong District Council area

Applicant must be under 18 years of age and attending school at the time the event is to be held

Have not already received funding in the current financial year

Have gone through a selection process by the organisation the applicant is competing for

Be competing for a community based Club or Group (not a School team unless the School team is representing South Australia or Australia)

Be amateur level

Applicants must provide supporting documentation to substantiate their achievement, for example, an official program or letter of acceptance

Applications must be received on the prescribed application form which is available for download from www.coorong.sa.gov.au

Grants will not be issued retrospectively

Applications should be received at least one month prior to the scheduled event

Each application will be decided on its merit and in accordance with the eligibility criteria outlined in this Policy

The recipient shall notify Council within 14 days of any changes to eligibility criteria. If the individual cannot participate in the event, the grant must be returned to Coorong District Council

Approval is subject to annual budgetary limits

6. Further information This policy will be available for inspection at the Council offices listed below during ordinary business hours and available to be downloaded, free of charge, from Council’s website: www.coorong.sa.gov.au


Individual Sport and Cultural Grants Policy


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Coorong Civic Centre Meningie Information Hub Tintinara Customer Service Centre

95-101 Railway Terrace 49 Princes Highway 37 Becker Terrace Tailem Bend Meningie Tintinara Phone: 1300 785 277 Fax: 8572 3822

Copies will be provided to interested parties upon request. Email [email protected]. Any grievances in relation to this policy or its application should be forwarded in writing addressed to the Chief Executive Officer of Council.



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10. SECTION 41 COMMITTEES AND SECTION 43 SUBSIDIARIES

1. MURRAYLANDS & RIVERLAND LOCAL GOVERNMENT ASSOCIATION –

MINUTES OF SPECIAL MEETING HELD 5 DECEMBER 2018

SMP Objective 4 Collaborative and respectful relationships amongst community, Elected Members and Council staff.

Strategy 4.5 – Through leadership and the sharing of knowledge, build the capacity of the community. Strategy 4.8 – Influence other levels of government on behalf of the wider Coorong District community.


Murraylands & Riverland Local Government Association Charter

Statutory Requirement Yes – section 43 committees of Council are required to submit minutes of meetings.

Financial Implications Nil Author of Report Executive Assistant Officers Consulted Chief Executive Officer Recommendation That Council receive the minutes of the Murraylands & Riverland Local Government Association special meeting held on 5 December 2018.

REPORT The Mayor, Deputy Mayor, Cr. Bland and Chief Executive Officer represented Council at the Murraylands & Riverland Local Government Association’s (MRLGA) special meeting in Murray Bridge on 5 December 2018. Minutes are presented to Council for adoption, however due to the size of the document, not all appendices have been attached to the minutes presented in this agenda. The Local Government Association’s Topical Report (Item 7.3.2, refer Appendix 1) has been included in full, for relevance to Council Members. Members are directed to the MRLGA website to review the minutes in full if they desire. The Special meeting included the election of the MRGLA President and Vice President. Mayor Peter Hunt (Berri Barmera Council) was successful in being elected President, and Mayor Dave Burgess (Mid Murray Council) was elected Vice President for the current term (concluding at the MRLGA AGM in July 2019).

https://www.lga.sa.gov.au/page.aspx?u=789

Contents

MINUTES OF THE GENERAL MEETING OF THE MURRAYLANDS & RIVERLAND LOCAL GOVERNMENT ASSOCIATION

HELD AT THE RURAL CITY OF MURRAY BRIDGE OFFICES, MURRAY BRIDGE

ON WEDNESDAY 5TH DECEMBER 2018 COMMENCING AT 09.30AM

1. ATTENDEES 3 ............................................................................................................................1.1. MRLGA DELEGATES 3 .....................................................................................................1.2. COUNCIL MEMBERS (Proxy Delegates) 3 .......................................................................1.3. MRLGA REPRESENTATIVES, GUESTS AND OBSERVERS 3 ........................................

2. APOLOGIES 4 ............................................................................................................................3. DISCLOSURE OF INTERESTS 4 ...............................................................................................4. MINUTES OF MEETINGS 4 .......................................................................................................5. MATTERS ARISING FROM MINUTES. 5 ...................................................................................

5.1.Review of Legislative Requirements for Section 41 Committees of Council and Informal Gatherings. 5 ...............................................................................................................

5.2.Changes to the Native Vegetation Act 5 ..............................................................................5.3.MRLGA Charter and Subscriptions. 6 .................................................................................

6. SPECIAL GENERAL MEETING 6 ...............................................................................................6.1. Election for the position of President 6 ...............................................................................6.2. Election for the position of Vice President 6 .......................................................................6.3. President’s Annual Allowance 7 .........................................................................................6.4. Policies of the Murraylands and Riverland Local Government Association. 7 ...................6.5. Representation - MRLGA Committees, Working Parties and Outside Organisations. 9 ....6.6. Appointment of Auditor. 11 .................................................................................................

7. GENERAL MEETING 13 ............................................................................................................7.1.NOTICE OF MOTION - AMENDING THE LOCAL GOVERNMENT ELECTIONS ACT

1999 13 7.2. COMMITTEES OF THE SUBSIDIARY 13 ..........................................................................

7.2.1.MRLGA CEO Network Group 13 .................................................................................7.3. GENERAL REPORTS 14 ...................................................................................................

7.3.1.MRLGA Chief Executive Officer’s Report 14 ...............................................................7.3.2.Local Government Association of SA 14 .....................................................................7.3.3.Office of Local Government 14 ...................................................................................7.3.4.Murray Darling Association (MDA) – Activity Update Reports 15 ................................

7.4. OUTSIDE ORGANISATIONS AND COMMITTEES 15 ......................................................7.4.1.Regional Development Australia Murraylands and Riverland 15 ................................7.4.2.SA MDBNRM Board 15 ...............................................................................................7.4.3.Murray Mallee Local Service Area, SAPOL 15 ...........................................................7.4.4.Regions SA 15 ............................................................................................................7.4.5.Riverland Local Government Forum (RLGF) 16 .........................................................7.4.6.Murray River Alliance SA Meeting 16 ..........................................................................7.4.7.Murray Mallee ZEMC Meeting 16 ...............................................................................

7.5. FINANCIAL REPORTS 16 .................................................................................................7.5.1.Profit and Loss Statement, Balance Sheet, Bank Reconciliation and Operating

Budget 16 7.5.2.MRLGA Subscriptions 17 ............................................................................................

7.6. PROJECT REPORTS 17 ...................................................................................................7.6.1.MRLGA Work Plan 17 .................................................................................................

7.7. GENERAL BUSINESS. (including DISCUSSION ITEMS etc.) 18 .....................................

APPENDICES

APPENDIX 1 LGA TOPICAL REPORT APPENDIX 2 RDA INFORMATION ON PROJECTS

7.7.1. General Business 18 ..................................................................................................7.7.1.1. MRLGA Board Meeting Dates for 2019 18 .......................................................

7.7.2.Around the Table 18 ....................................................................................................7.7.3.Opportunity for Members of Parliament to Present on topical issues 18 ....................

7.8. CORRESPONDENCE 18 ...................................................................................................7.8.1.Correspondence for MRLGA Board Determination; 18 ...............................................

7.9. GUEST SPEAKERS 20 .......................................................................................................7.10.CONFIDENTIAL ITEMS 20 ................................................................................................

7.11.CLOSE AND DATE OF NEXT MEETING: 20............................................................................

Murraylands and Riverland LGA - Special Meeting Minutes Wednesday 5th December 2018 Page | 2

MRLGA PRESIDENT’S WELCOME

President, Mayor David Burgess welcomed all in attendance to the Meeting. The President declared the Meeting open at 9.30am. Mayor Burgess thanked the Rural City of Murray Bridge for the use of their facility and for arranging catering.

1. ATTENDEES

1.1. MRLGA DELEGATES

1.2. COUNCIL MEMBERS (Proxy Delegates)

1.3. MRLGA REPRESENTATIVES, GUESTS AND OBSERVERS

Berri Barmera Council (BBC) Mayor Peter Hunt, Vice President

Coorong District Council (CDC) Mayor Paul Simmons

District Council of Karoonda East Murray (DCKEM) Mayor Caroline Phillips

District Council of Loxton Waikerie (DCLW) Mayor Leon Stasinowsky

Mid Murray Council (MMC) Mayor Dave Burgess, President

Renmark Paringa Council (RPC) Cr Allan Maddocks (Proxy)

The Rural City of Murray Bridge (RCMB) Mayor Brenton Lewis

Southern Mallee District Council (SMDC) Mayor Andrew Grieger


Berri Barmera Council (BBC) Cr Rhonda Centofanti, Deputy Mayor

Coorong District Council (CDC) Cr Jeff (Tank) Arthur, Deputy Mayor Cr Sharon Bland

Mid Murray Council (MMC) Cr Kevin Myers, Deputy Mayor

Murraylands & Riverland LGA (MRLGA) Peter Bond, CEO and Minute Taker

Local Government Association of SA Stephen Smith, Director Policy

Regional Development Australia MR (RDA MR) Jo Podoliak CEO

PIRSA Regions SA Barb Cowey, Regional Coordinator

DEW Mike Williams, Regional Director

Coorong District Council (CDC) Vincent Cammell, CEO

District Council of Karoonda East Murray (DCKEM) Matthew Morgan, CEO

Mid Murray Council (MMC) Russell Peate, CEO

Renmark Paringa Council (RPC) Tony Siviour, CEO (Proxy)

Southern Mallee District Council (SMDC) Jason Taylor, CEO

2. APOLOGIES

BBC Moved

“That the apologies be accepted”

Seconded by MMC and CARRIED

3. DISCLOSURE OF INTERESTS

Nil

4. MINUTES OF MEETINGS

4.1.Confirmation of the Minutes of the MRLGA General Meeting held at Loxton on Friday 12th October 2018.

DCLW Moved

“That the Minutes of the MRLGA General Meeting held at Loxton on Friday 12th October 2018 be accepted as a true and correct record of the proceedings at that meeting.”

Seconded by DCKEM and CARRIED


Member of the Legislative Council (MLC) The Hon. John Dawkins MLC

Member for Chaffey The Hon.Tim Whetstone, MP

Federal Member for Barker Tony Pasin MP

SA MDB NRM Board Sharon Starick, Presiding Member

Berri Barmera Council (BBC) Andre’ Stuyt, CEO

Mid Murray Council (MMC) Cr Peter Raison

District Council of Karoonda East Murray (DCKEM) Cr Yvonne Smith, Deputy Mayor

District Council of Loxton Waikerie (DCLW) Cr Trevor Norton, Deputy Mayor David Beaton, CEO

The Rural City of Murray Bridge (RCMB) Cr Fred Toogood, Deputy Mayor Michael Sedgman, CEO

Renmark Paringa Council (RPC) Mayor Neil Martinson Cr Peter Hunter, Deputy Mayor

5. MATTERS ARISING FROM MINUTES.

Business arising from the Minutes of the General Meeting held at Loxton on Friday 12th October 2018.

5.1.Review of Legislative Requirements for Section 41 Committees of Council and Informal Gatherings.

Agenda Report At the meeting of the Murraylands and Riverland Local Government Association (MRLGA) Board held on Friday 12th October 2018 the Mid Murray Council provided a Notice of Motion that was supported by the Board that the MRLGA request the Local Government Association of South Australia to undertake a review of the Legislative requirements for meetings and discussions on projects, services and matters relating to Council involving Councillors, Council staff and community or business representatives.

The Mid Murray Council noted with interest the information paper produced by the Local Government Association regarding committees and corporate structures which can be established by Council. It is considered that the present Legislative requirements are restrictive, costly and impractical for Councils.

Advice received indicates that where there is any meeting/event involving Councillors that includes a matter that is intended to be part of the agenda for a formal meeting of the Council, it is an Informal Gathering in accordance with the Legislation.

Examples of this include any briefing session for Councillors before a Council meeting, inspection of a heritage building with Councillors and Council staff or any other discussions on a project or matter involving Councillors and Council staff.

Further, advice indicates that the only mechanism to enable for example a Working Party to be established to consider Economic Development or Main Street initiatives must be a Section 41 Committee of Council. This requires Agendas, Minutes, Conflict of Interest provisions and a range of other requirements.

It is considered that these Legislative requirements should be reviewed to ensure that there are better, less costly and more practical mechanisms for discussion on projects, services and matters involving Councillors and Council staff.

This matter has been referred on to the LGA by way of formal correspondence requesting the above review. The letter will leave it to the discretion of the LGA CEO as to the appropriate passage for the review.

5.2.Changes to the Native Vegetation Act

Agenda Report At the meeting of the Murraylands and Riverland Local Government Association (MRLGA) Board held on Friday 12th October 2018 the Coorong District Council provided a Notice of Motion that was supported by the Board that the MRLGA engage with the State Government regarding alterations or exemptions to the Native Vegetation Act 1991 when the removal of trees or vegetation is required to access rubble, giving Councils the ability to mine for rubble and then be responsible for reinstatement and revegetation of the areas involved.


The intent of this motion is to remove the current requirement to engage with the Native Vegetation Unit when undertaking maintenance or construction activities. This will require changes to the Act to exempt Councils’ mining activities from the current provisions of the Act, when Councils open a new pit for the purpose of sourcing material. This would also require the defining of the provisions around vegetation of any affected areas by the legislation directly, rather than through a separately negotiated agreement.

The LGA has been formally requested to have this matter listed as a SAROC Agenda item.

5.3.MRLGA Charter and Subscriptions.

Agenda Report At the last meeting of the MRLGA Board in October the methodology for calculation of Constituent Council subscriptions was referred to the MRLGA CEO Network Group to arrive at a suitable subscription model and this be brought back to the MRLGA Board for endorsement prior to May 2019.

The revised MRLGA Charter was to lay on the table until such stage as the subscription methodology is resolved.

Refer Item 7.5.1 for the full report on Subscriptions.

6. SPECIAL GENERAL MEETING

6.1. Election for the position of President

In accordance with Clause 4.4 the President (Chairperson of the Board) shall be appointed by the Board from amongst its members and subject to Clause 4.4.4 shall hold office for a term of one year, unless he/she resigns or is removed from office pursuant to a resolution of the Board or until he/she is no longer eligible to act as a Board member.

Mayor Dave Burgess vacated the position of President MRLGA at 9.31am.

The current President vacated the Chair, which was assumed by the LGA SA representative Stephen Smith who called for nominations for President for an annual term of office.

BBC Moved

That Mayor Peter Hunt be elected as President of the Murraylands & Riverland Local Government Association for the term, commencing 6th December 2018 and concluding at the AGM of the MRLGA Board in July 2019, unless he/she resigns or is removed from office pursuant to a resolution of the Board or until he/she is no longer eligible to act as a Board member.

Seconded by CDC and CARRIED

The newly elected President Mayor Peter Hunt assumed the Chair at 9.35am.

6.2. Election for the position of Vice President

The President called for nominations for the position of Vice President for an annual term of office.


BBC Moved

That Mayor Dave Burgess be elected as Vice President of the Murraylands & Riverland Local Government Association for the term, commencing 6th December 2018 and concluding at the AGM of the MRLGA Board in July 2019, unless he/she resigns or is removed from office pursuant to a resolution of the Board or until he/she is no longer eligible to act as a Board member.

Seconded by RCMB and CARRIED

Mayor Peter Hunt declared an interest in item 6.3 and vacated the position of President MRLGA at 9.43am. The Vice President assumed the chair.

6.3. President’s Annual Allowance

Agenda Report: The budget provision for the President’s Allowance for 2018-2019 is $3,000 pa payable quarterly in advance. The CEO is recommending that the President’s Allowance remain at $3,000 pa until reviewed as part of the 2019-2020 budget process.

The Vice President will not receive an allowance, but can claim reasonable expenses associated with conducting business on behalf of the MRLGA.

A review of other regional allowances across the state as requested by Mayor Peter Hunt indicated the following;

• LCLGA - President $8,000 pa. No other allowances paid. • EPLGA - President $2,250 pa. They pay for travel costs for both delegates

to attend the SAROC & Board Meetings etc. • Legatus - allocated $6,000 in their budget for allowances. The Chair

receives $4,500 pa and then $1,500 pa is available if Deputy Chairs seek any reimbursements.

• USG - Chair receives $1,000 pa to help cover extra running around for the region. LGA pays for attendance to LGA board meetings. EM allowance covers the rest.

• S&HLGA - No president allowance & no deputy or committee allowances

DCLW Moved

“That the MRLGA confirms that the President’s Annual Allowance be $3,000 (three thousand dollars), payable quarterly in advance, in accordance with the MRLGA Annual Budget 2018-2019 and be subject to review as part of the 2019-2020 budget process.”


Mayor Peter Hunt returned to the position of President MRLGA at 9.44am.

6.4. Policies of the Murraylands and Riverland Local Government Association.

The Policies of the Association are available on the Association’s website at www.mmlga.sa.gov.au under the “Policies” tab.

The MRLGA Board Charter Clause 1.5.9 reads that the Subsidiary is established to develop and manage policies which guide the conduct of programs and projects in the region with the objective of securing the best outcomes for the communities of the region.


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

The Association has adopted a number of policies which not only assist with the general running of the Association's business, but also provide guiding principles with decision making. The Policies are to be reviewed annually and are added to or altered from time to time as the Board see fit.

A Policy Checklist for policy review is provided below in figure 1.

Figure 1 Policy Checklist

At the October 2018 meeting of the Board, it was also thought appropriate that the policies be reviewed by the MRLGA CEO Network Group prior to their introduction to the MRLGA Board agenda.

The MRLGA CEO Network Group reviewed MRLGA Financial Policies 1 to 5 and Policy 9 on 27th February 2018 and endorsed the policies with amendments to include alignment of language and changes to transaction limits of delegation. These policies were then adopted by the MRLGA Board in April 2018.

The MRLGA CEO Network Group will be reviewing all policies of the MRLGA at a workshop to be held early in 2019 and prior to the MRLGA Boards next review of policies by April 2019.

The only policy requiring action by the MRLGA Board at the December 2018 meeting relates to Policy Item 1 - Bank Account. This policy provides for the necessary delegations where the signatories may change as part of the election process for President and Vice President of the Association.The need for any two signatories beyond the President, Vice President and CEO MRLGA has been removed due to the evidenced lack of need.

Policy Item 1 - Bank Account.

It is the MRLGA Board’s policy to appoint the President, Vice President and the Chief Executive Officer of the MRLGA as the signatories, with any two to sign. Any payments made by electronic funds transfer must be made in accordance with the following procedures:


1. Each invoice to be paid must be approved for payment by the application of a cheque signatory's signature to each invoice (minimum of two) and that this procedure may be exercised by the use of email. Payment of the invoice cannot be processed until the invoice is appropriately approved and dated.

2. That the Delegates will be provided with a listing of payments made during the period at each General Meeting upon request prior to Agenda preparation deadline.

3. The Chief Executive Officer shall make available a copy of all payments made over such period for perusal within 5-working days of any request arising from each General Meeting.

BBC Moved

“That consistent with the provisions of MRLGA Policy 1- Bank Account, the MRLGA Board appoint the President and Vice President and the Chief Executive Officer as bank signatories, with any two to sign.”

Seconded by SMDC and CARRIED

6.5. Representation - MRLGA Committees, Working Parties and Outside Organisations.

Agenda Report: The MRLGA’s Charter provides for the Subsidiary to review its representation on Committees and Working Parties at an Annual General Meeting for an ensuing 12 month period. Since its inception, the Subsidiary has formed a number of Committees and Working Parties to address specific and topical issues and opportunities, most of which have been addressed through our strategic planning process.

Some of these Committees are external to the Subsidiary, but never the less require MRLGA representation to ensure an informed voice for our regional issues. The following is the current list of Delegates and appointments to Committees and Working Parties, both internal and external. Constituent Councils are urged to review their representation on these bodies to ensure they are up to date and relevant.

At the AGM held in July 2018 the MRLGA Board endorsed deferral of nominating representatives to MRLGA Committees to the December 2018 meeting immediately following the conclusion of the periodic election in November 2018.

The MRLGA representation shall be as follows;

LGA Board:

The new LGA Board as elected at the LGA AGM in October 2018 is comprised of:

• President – Mayor Sam Telfer (District Council of Tumby Bay) • Immediate Past President – Councillor Sue Clearihan (City of Adelaide)

(retiring at the 2018 Council elections) • Office of the Immediate Past President - Mayor Gillian Aldridge OAM

(City of Salisbury) (will take office upon the retirement of Councillor Clearihan)

• SAROC Chair – Mayor Erika Vickery OAM (Naracoorte Lucindale Council)

• GAROC Chair – Mayor Karen Redman (Town of Gawler) • Board Director – Mayor Peter Mattey (Regional Council of Goyder) • Board Director – Mayor Keith Parkes (Alexandrina Council)


• Board Director – Mayor Sam Johnson (Port Augusta City Council) • Board Director – Mayor David O’Loughlin (City of Prospect) • Board Director – Mayor Kevin Knight (City of Tea Tree Gully) • Board Director – Deputy Mayor Jan-Claire Wisdom (Adelaide Hills

Council)

The MRLGA does not have a representative on the LGA Board at this time.

South Australian Regional Organisation of Councils (SAROC):

The new SAROC Committee shall comprise of:

• President, Mayor Peter Hunt, Berri Barmera Council (ex-officio). • Vice President, Mayor David Burgess, Mid Murray Council (by virtue of

position held).

MRLGA Regional Transport and Asset Committee:

• Mayor Neil Martinson, Renmark Paringa Council, Chair • President, Mayor Peter Hunt, Berri Barmera Council (ex-officio) • Peter Bond, CEO MRLGA • Harry Du, Berri Barmera Council • David Mosel, Coorong District Council • Tim Tol, Renmark Paringa Council • Geoff Meaney, Renmark Paringa Council • David Hassett, Mid Murray Council • Jarrod Manuel, District Council of Karoonda East Murray • Greg Perry, District Council of Loxton Waikerie • Heather Barclay, Rural City of Murray Bridge • Matt James, Rural City of Murray Bridge • Matthew Sherman, Southern Mallee District Council • Jarrod Bielby, Regional Development Manager, RDA

Murray and Mallee Zone Emergency Management Committee:

• Deputy Mayor Kevin Myers, Mid Murray Council, Chair • President, Mayor Peter Hunt, Berri Barmera Council (ex-officio) • Peter Bond, MRLGA • Michael Sedgman, CEO, Rural City of Murray Bridge (Ros Kruger –

Proxy) • Veronica Rothe, Berri Barmera Council • Greg Perry, Director Infrastructure Services, District Council of Loxton

Waikerie. • David Mosel, Director Infrastructure and Assets, Coorong District

Council. • Matthew Sherman, Works Manager, Southern Mallee District Council.

Murraylands and Riverland CEO’s Network Group:

• President, Mayor Peter Hunt, Berri Barmera Council (ex-officio). • Tony Siviour, CEO, Renmark Paringa Council, • Michael Sedgman, CEO, Rural City of Murray Bridge, • Russell Peate, CEO, Mid Murray Council, • Jason Taylor, CEO, Southern Mallee District Council, • David Beaton, District Council of Loxton Waikerie, • Andre’ Stuyt, CEO, Berri Barmera Council. • Vincent Cammell, CEO, Coorong District Council • Matthew Morgan, CEO, District Council of Karoonda East Murray • Peter Bond, CEO, MRLGA


MRLGA Regional Public Health & Wellbeing Committee:

• President, Mayor Peter Hunt, Berri Barmera Council (ex-officio) • Peter Bond, CEO, MRLGA (Chairperson) • Dara Frankel, District Council of Loxton Waikerie (Secretary) • Myles Somers, Berri Barmera Council • Andrew Haigh, Berri Barmera Council • Cr Sharon Bland, Coorong District Council • Caroline Thomas, Coorong District Council • Reg Budarick, Rural City of Murray Bridge • Geoff Parsons, Rural City of Murray Bridge • Jeremy Byrnes, Rural City of Murray Bridge • Thomas McKellar, Mid Murray Council • Katina Nikas, Renmark Paringa Council • Rebecca Burton, Berri Barmera Council • Stephanie Coughlin, Renmark Paringa Council • Lesley Caulfield, Southern Mallee District Council

The President’s re-confirmation as ex-officio member of all Subsidiary Committees is required to be re-confirmed.

Both the MRLGA Transport Reference Group (Community Transport) and the Murraylands and Riverland Regional Coordination Network have no further relevance as have been disbanded.

MMC Moved

“That the MRLGA Board: 1. endorse the nominated representatives to the SAROC Committee as

outlined, 2. endorse the nominated representatives to MRLGA Committees,

Working Parties and Outside Organisations as outlined, and 3. endorse the President as as ex-officio member of all Subsidiary

Committees. 4. nominate Mayor Neil Martinson as Chair of the Murraylands and

Riverland Local Government Association Regional Transport and Asset Committee (MRLGA RTA Committee).”


6.6. Appointment of Auditor.

The MRLGA Charter requires that the Subsidiary shall appoint an auditor in accordance with regulation 20 of the Local Government (Financial Management) Regulations 2011 which outlines the following;

1. A regional subsidiary must have an auditor. 2. The auditor must be—

(i) a registered company auditor; or (ii) a firm comprising at least 1 registered company auditor.

3. A person is not eligible to be the auditor of a subsidiary if— (i) the person is a member of the board of management of the

subsidiary; or (ii) the person is a member of the council which established the

subsidiary or, in the case of a regional subsidiary, a member of a constituent council; or

(iii) the person is a nominated candidate for election as a member of the Council which established the subsidiary or, in the case of a regional subsidiary, is a nominated candidate for election as a member of a constituent council.


4. The office of auditor of a subsidiary becomes vacant if— (i) the auditor dies; or (ii) the auditor resigns by written notice to the person who has

been appointed to chair the board of management of the subsidiary; or

(iii) the auditor is not or ceases to be eligible for appointment as the auditor; or

(iv) the auditor accepts remunerated office or employment from the subsidiary or—

a. in the case of a council subsidiary—the council which established the subsidiary; or

b. in the case of a regional subsidiary—a constituent council; or

(v) the term of appointment of the auditor expires and the auditor is not reappointed; or

(vi) the auditor is removed from office by the subsidiary for reasonable cause.

The MRLGA Charter further advises that the Auditor shall hold office until the appointment is rescinded by a resolution of the Board at an ordinary meeting.

The Subsidiary is not required to establish an audit committee whilst it enjoys the benefit of an exemption as envisaged by clause 30(2) of Schedule 2 to the Act.

The MRLGA’s current external Auditors were engaged until the finalisation of the 2017/2018 audit process. This process has now been completed and as such the CEO recommends that the MRLGA proceed to select tender for External Audit Services for the next 3 financial years. Galpins (Accountants, Auditors & Business Consultants) have been External Auditors for the MRLGA since 2015/16 and will be formally thanked for their service over that period as well as offered the opportunity to provide a tender bid.

RCMB Moved

“That the MRLGA Board: 1. Proceed to select tender for external audit services for the ensuing 3

financial years, 2. Convey thanks to Galpins for their service since 2015/16.”



7. GENERAL MEETING

7.1.NOTICE OF MOTION - AMENDING THE LOCAL GOVERNMENT ELECTIONS ACT 1999

Agenda Report Mid Murray Council contend that in some cases, some people nominate for election to the position of Mayor or Councillor for the Council Election with no genuine intent to be elected. In the instance of a Mayor, this can cost the Mid Murray Council alone, some $20,000.

In Queensland, for example, under the Local Government Electoral Act 2011 the nominees must deposit $250 with the returning officer which is refundable if the candidate receives more than 4 percent of the total number of formal first preference votes cast in the election in an optional preferential voting system. A copy of Clauses 39 and 40 of Queensland’s Local Government Electoral Act 2011 are attached.

It is suggested that consideration be given to amending the Local Government Elections Act 1999 in South Australia to reflect a similar position to assist in overcoming frivolous nominations, particularly for position of Mayor, thereby costing Council.

MMC Moved

“That the Murraylands and Riverland Local Government Association refer to the SA Regional Organisation of Councils and the Local Government Association Board consideration for amending the Local Government Elections Act 1999 to provide for a deposit on nominations to stand for local government elections in the position of Mayor elected at large, which is refundable based on achieving more than 4 percent of the formal first preference votes cast in the election.”


7.2. COMMITTEES OF THE SUBSIDIARY

7.2.1.MRLGA CEO Network Group

Agenda Report The notes of the MRLGA CEO Network Group meeting held at Murray Bridge on Monday 5th November 2018 are provided attached.

Aside from the resolutions outlined below, the MRLGA CEO Network Group also requested an update on the status of the Labour Hire Bill from the LGA at the MRLGA Board meeting in December 2018.

RCMB Moved

“That the notes from the CEO MRLGA Network Group meeting held on Monday 5th November 2018 be received and the resolutions outlined as follows within be endorsed by the MRLGA Board;

• That CEO proceed to engage Emily Morgan at a fee up to $2000, to work with individual Councils to carry out an analysis of the opportunities that might exist for the region to leverage off individual Council social based programs,


• That the MRLGA CEO Network Group notes the 2017/18 Annual Report along with the audited financial statements, inclusive of the verbal update report provided by the CEO in reference to the Auditor’s recommendation to ensure that reconciliations in MYOB are reviewed independently on a monthly basis,

• That the MRLGA CEO seek clarification in relation to the proposal process for the preparation of a Regional Roadside Vegetation Management Plan recognising that there are other stakeholders who would need to be reflected in the process,

• That the MRLGA CEO Network Group notes advice for the LGA in regard to the impact of the Labor Hire Licensing Act 2017 on the application on staff sharing arrangements between Councils and requests the LGA to seek the necessary exemption from the legislation for its member Councils as a matter of priority, and

• That the MRLGA CEO Network Group notes advice for the LGA in regard to the Local Heritage Policies and Procedures Project and that the matter be referred to the Regional Planning Pilots as and when they come into being. ”


7.3. GENERAL REPORTS

7.3.1.MRLGA Chief Executive Officer’s Report

MMC Moved

“That the MRLGA CEO’s Report be received and noted with the resolutions contained within the report endorsed.”


7.3.2.Local Government Association of SA

Agenda Report Stephen Smith, Local Government Association of SA attended the meeting and provided a verbal report in relation to the LGA Topical Report circulated at the meeting and provided attached.

Stephen also updated delegates on the forthcoming SAROC/GAROC Workshop scheduled for 19th December 2018 as well as the advising of the intention of the LGA to present their Value Proposition to individual Councils early next year.

Refer APPENDIX 1 – LGA TOPICAL REPORT

BBC Moved

“That the LGA Topical Report be received and noted.”

Seconded by DCLW and CARRIED

7.3.3.Office of Local Government

Agenda Report The Manager of the Office of Local Government, Alex Hart did not attend this meeting.


7.3.4.Murray Darling Association (MDA) – Activity Update Reports

Agenda Report The Minutes of the MDA Region 6 meeting held on Friday 19th October 2018 at Tailem Bend are provided attached.

MMC Moved

“That the Minutes of the MDA Region 6 meeting held on Friday 19th October 2018 as presented be noted.”


7.4. OUTSIDE ORGANISATIONS AND COMMITTEES

7.4.1.Regional Development Australia Murraylands and Riverland

Jo Podoliak, Chief Executive, RDA Murraylands and Riverland was present and provided a verbal report to the meeting covering the following matters;

• Building Better Regions Fund - A Federal grant program initiative that closed on 15th November 2018. Grant allocations should be known by March/April 2019.

• Projects seeking support - First Mile Heavy Vehicle Movement and Townships of the Future.

Refer APPENDIX 2 – RDA INFORMATION ON PROJECTS

• Wins for the Region - Murray River Regional Study Hub and Experts in Residence Program.

7.4.2.SA MDBNRM Board

Mike Williams, DEW was present and provided a verbal report to the meeting related to the SA MDBNRM Information Handout provided attached.

Refer APPENDIX 3 – SA MDBNRM INFORMATION HANDOUT

7.4.3.Murray Mallee Local Service Area, SAPOL

Superintendent James Blandford did not attend this meeting.

7.4.4.Regions SA

Barb Cowey, Regional Coordinator, Regions SA was present and provided a verbal report to the meeting covering the following matters;

• BrandSA Regional Showcase at The Bend, • Regional Wine Centre of Excellence in the Riverland, • Regional Growth Fund - 84 applications that will now be shortlisted, • PIRSA Executive meeting possibly to be held in region next year, • State Government Budget Review - will see another PIRSA

Regional Officer placed in Murray Bridge, • Drought Funding and Support mechanisms.


BBC Moved

“That MRLGA receive and note the reports as presented by RDA MR, SA MDBNRM and Regions SA and extends its appreciation to the presenters for making the time and effort to attend and present at the MRLGA meeting.

Seconded by RPC and CARRIED

The President adjourned the meeting at 11:00am for delegates to take morning tea.

The meeting was reconvened at 11:10am.

7.4.5.Riverland Local Government Forum (RLGF)

The next meeting of the Riverland Local Government Forum is scheduled to be held on Thursday 13th December 2018 in Berri. No meeting of the Riverland Local Government Forum was held during the reporting period.

7.4.6.Murray River Alliance SA Meeting

The Notes from the Murray River Alliance SA meeting held on Friday 21st September 2018 at Murray Bridge were provided as an attachment.

DCLW Moved

“That the notes from the Murray River Alliance SA meeting held on Friday 21st September 2018, as presented be noted.”


7.4.7.Murray Mallee ZEMC Meeting

The Notes from the Murray Mallee ZEMC meeting held on Wednesday 10th October 2018 at Karoonda were provided as an attachment.

RCMB Moved

“That the notes from the Murray Mallee ZEMC meeting held on Wednesday 10th October 2018, as presented be noted.”


7.5. FINANCIAL REPORTS

7.5.1.Profit and Loss Statement, Balance Sheet, Bank Reconciliation and Operating Budget

DCLW Moved “That the MRLGA Board receives the Profit and Loss Statement, Balance Sheet, Bank Reconciliation and Operating Budget Report as at 31st October 2018.”

Seconded by RPC and CARRIED Murraylands and Riverland LGA - Special Meeting Minutes Wednesday 5th December 2018 Page | 16

7.5.2.MRLGA Subscriptions

A review of other Regional LGA’s subscription methodologies in South Australia indicates the following;

• The S&HLGA member levy is set at the flat fee of $10,000 plus an additional $0.10 per elector per member Council,

• LCLGA member levy is currently under review as part of the development of a new Strategic Plan,

• The Legatus Group levy is the same amount for all Constituent Councils and for 2018/2019 is set at $11,015 (GST exclusive). Their long-term financial plan has this remaining at this level with approximately 1.5% increases. This will be reviewed once they know what is happening with LGA and SAROC revenue sources,

• Upper Spencer Gulf base their subscriptions on a flat fee of $30k per Council. This has not been indexed for a few years, but they will need to have a discussion over next few months about where to from here,

• The EPLGA methodology is more complex and uses a range of information to calculate Constituent Council subscriptions. They use Grants Commission returns to apply subscriptions against population, operational revenue and rates base.

In reviewing the options available, the MRLGA CEO Network Group at their meeting held on Monday 25th October 2018 proposed that the CEO provide a report to the next MRLGA Board meeting outlining a comparison between two subscription models;

1. The RDA MR model, and 2. A population based model based on ABS statistics.

That report may need to highlight the need for transitional arrangements depending on the impact to member Councils in implementing any revised subscription methodology.

This report will now be tabled at the January 2019 meeting of the MRLGA Board.

7.6. PROJECT REPORTS

7.6.1.MRLGA Work Plan

Agenda Report The MRLGA Annual Work Plan is a living document and has been updated to represent current status of projects to the end of November 2018. The MRLGA CEO Network Group have reviewed the Work Plan at their last meeting.

RCMB Moved

“That the MRLGA Board receive and endorse the updated MRLGA Work Plan for 2018-2019.”

Seconded by BBC and CARRIED


7.7. GENERAL BUSINESS. (including DISCUSSION ITEMS etc.)

7.7.1. General Business

7.7.1.1. MRLGA Board Meeting Dates for 2019

A schedule of meetings for 2019 agreed on at the October 2018 meeting is as follows;

• Wednesday 30th January 2019 - General meeting, Murraylands • Friday 5th April 2019 - General meeting, Karoonda to tie in with the

Karoonda Farm Fair • Wednesday 10th July 2019 - Annual General meeting, Karoonda • Wednesday 9th October 2018 - General meeting, Riverland

The MRLGA Board may wish to vary these dates and venues from time to time to tie in with regional events and other key dates.

7.7.2.Around the Table

• Mayor Brenton Lewis, RCMB, provided delegates with an update on the broader impact of the Thomas Food International fire on the wider Murraylands community.

• Peter Bond, CEO, MRLGA, advised delegates of the MRLGA’s success in gaining funding for the Community Wellbeing Alliance Trials. This trail will commence early in 2019 once the agreement is endorsed by the MRLGA Board and signed.

7.7.3.Opportunity for Members of Parliament to Present on topical issues

7.7.3.1.Nil

7.8. CORRESPONDENCE

7.8.1.Correspondence for MRLGA Board Determination;

Agenda Report Given that this meeting represents a special meeting of the MRLGA Board, only correspondence items for Board determination have been included in the agenda. All other items of general correspondence will form part of the correspondence register for the January 2019 meeting of the MRLGA Board.

02018-1119 Hon David Spears, Minister for Sustainability, Environment and Conservation. Re Landscape SA Reform Process

Thanking the Minister for the opportunity to provide feedback on natural resources management reform for South Australia both by way of this correspondence and by way of our Subsidiary’s representation at the Statewide Community Forum held at Berri on 3rd September 2018.

MMC Moved “That the MRLGA Board notes the correspondence to Hon David Spears, Minister for Sustainability, Environment and Conservation regarding the Landscape SA Reform Process.



I2018-1029 Melissa Amos, Director Corporate and Community Services, Renmark Paringa Council. Re Riverland Social Indicators Strategy

Thanking the CEO MRLGA for agreeing to have the MRLGA auspice this Riverland project/strategy funding application through the BBRF for the Riverland Social Indicators Strategy.

It was agreed that since this project incorporated all 3 Riverland Councils; that a regional organisation such as MRLGA was best placed to auspice the application. This endorsement was at no cost to the MRLGA.

DCLW Moved

“That the MRLGA endorse the actions of the CEO in auspicing the Riverland project/strategy funding application through the BBRF for the Riverland Social Indicators Strategy.

Seconded by BBC and CARRIED

02018-1108 Hon Stephen Wade, Minister for Health and Wellbeing. Re Consideration of Discontinuation of the Local Government Public Health Program

The correspondence outlined to the Minister how our member Councils have welcomed the new State Government’s commitment to maximise partnerships for preventative health across South Australia. The correspondence went on to outline the MRLGA’s concerns that SA Health is giving consideration to ceasing the Local Government Public Health Program at the end of December 2018 as part of the cost savings in the State’s Health budget.

It was highlighted to the Minister that Local Government had a significant input into the recent State Public Health Plan 2019 to 2024 and particularly the production of Regional Public Health Plans. Following the previous State Government’s decision to cease the Obesity Prevention and Lifestyle (OPAL) program and without a commitment from the current State Government to support our joint proposal for the Community Wellbeing Alliance, to remove the Local Government Public Health partnership poses reputational risk to the State Government and SA Health amongst Councils and the communities they support.

This uncertainty puts at risk $200,000 of Local Government Research and Development project funding that is currently available to progress regional community wellbeing activities and support the development of public health indicators for South Australia. Without a firm commitment to public health from the State Government, it is unlikely that the local government sector will be motivated to pursue these initiatives and priorities on its own.

MMC Moved “That the MRLGA Board notes the correspondence to Hon Stephen Wade, Minister for Health and Wellbeing outlining the MRLGA’s concerns over any plans by the State Government to give consideration for the discontinuation of the Local Government Public Health Program.”



7.9. GUEST SPEAKERS

7.9.1.Nil

7.10.CONFIDENTIAL ITEMS

7.10.1.Nil

7.11.CLOSE AND DATE OF NEXT MEETING:

The President thanked all those who attended the meeting and the Rural City of Murray Bridge for the provision of meeting facilities and declared the meeting closed at 11:52pm.

Minutes taken as read and confirmed this day of January 2019.

....................................... …………………………………………… PRESIDENT CHIEF EXECUTIVE OFFICER


The next MRLGA General meeting including the General meeting is to be held on Wednesday 30th January 2019 in Mannum commencing at 9.30am.

Acceptances and apologies to MRLGA Chief Executive Officer Peter Bond Phone 0411 406799 or Email [email protected]

mailto:[email protected]?subject=

mailto:[email protected]?subject=

LGA of SA ECM 667680 Regional Topical December 2018 Page 1 of 9

LGA Topical Report Purpose This LGA topical report is provided as an information update on LGA

activities and is current at the time it is supplied.

Date December 2018

Contact Lisa Teburea, Executive Director Public Affairs

T: 08 8224 2068 E: [email protected]

1. Advocacy update

1.1 Local Government reform The Local Government (Ratepayer Protection and Associated Measures) Amendment Bill 2018 was passed in the Legislative Council on Wednesday 14 November, three weeks after it was introduced.

As the Bill will now head to the House of Assembly, the LGA is continuing to seek feedback from member councils and will develop an endorsed position to put to the Government and independent members of the lower house.

The LGA’s analysis of the Bill is available to member councils and regional LGAs by contacting [email protected]

The Government’s Local Government (Rate Oversight) Amendment Bill 2018 is still awaiting a vote in the Legislative Council. SA Labor, SA-BEST and Greens SA continue to confirm their opposition to this Bill.

Code of Conduct reform remains a priority for the LGA and the LGA President has met with the Attorney General to discuss the sector’s concerns that the current framework is inadequate in protecting council members, staff and ratepayers from the impacts of serious misconduct, including bullying and harassment. A further meeting with the Minister for Local Government has been scheduled to discuss this issue, and the SA Ombudsman’s specific recommendations that the State Government cause a review of the Local Government Act 1999 and the Work Health and Safety Act 2012 to determine whether either Act should be amended to be better equipped to deal with conduct creating a risk to health and safety.

The Government has signalled they will hold a roundtable with Mayors before the end of this year, and an intention to consult broadly with local government early next year on sector reforms.

To put the sector on the front foot, the LGA has developed - in consultation with member councils - a local government reform agenda that provides a blue print for sensible and meaningful reform in local government.

Any enquiries can be directed to Lisa Teburea, Executive Director Public Affairs at [email protected] or 8224 2068.

Version: 27, Version Date: 28/11/2018Document Set ID: 667680



https://www.lga.sa.gov.au/localgovernmentreform


Peter Bond

APPENDIX 1


1.2 2018 Council elections

2018 council elections campaign wrap-up

At the conclusion of the 2018 local government elections, the LGA can announce that:

• 1374 nominations were received – 40 more than in 2014 and the highest number of nominations received since 1995;

• 395,000 voters participated – 38,000 more than in 2014; • 245 women were elected to council (35% of council members); and • 23 women were appointed as mayors (as of 26 November 2018) - a significant increase on the

nine female mayors elected in 2014.

Councils worked alongside the LGA to ensure the message of diversity resonated within their communities. The strength of the results are testament to the success of the state-wide campaign.

Campaign donation returns

All candidates are required to submit a Campaign Donation Return to the CEO within 30 days of the election’s conclusion. The date the election concluded will differ between councils and is the date ECSA wrote to the CEO with a declaration of last results. A list of the dates letters were sent to each council CEO and the corresponding 30 day deadline is available in LGA circular 47.9.

All candidates (whether elected, elected unopposed or unsuccessful) must submit a Return, even if they have nothing to declare (essentially, a nil return). Failure to provide a return carries a maximum penalty of $10,000 and results in the creation of a casual vacancy of an elected candidate.

For returning council members the period of disclosure is 28 November 2014 to 30 November 2018.

For new council members the period of disclosure is between the date a candidate publicly announced their candidacy or lodged their nomination form with the Returning Officer (whichever is earlier), and 30 November 2018.

A copy of the Campaign Donation Form is available from the ECSA website at https://ecsa.sa.gov.au/parties-and-candidates/council-campaign-donations.

For further information, please contact Alicia Stewart Director Governance and Legislation at [email protected]

Primary returns

Newly elected council members must submit a Primary Return to the CEO within six weeks following the election. Re-elected members (serving concurrent terms) do not need to submit a Primary Return. The LGA provides Primary and Ordinary Returns for Council Members Guidelines to assist in completing the returns (available from www.lga.sa.gov.au/governancepolicies).

Any enquiries should be directed to Alicia Stewart Director Governance and Legislation at [email protected]

1.3 Governance update

Council Members’ Guide

The LGA has released a new Council Members’ Guide, which is available from the LGA website at www.lga.sa.gov.au/governancepolicies.


https://www.lga.sa.gov.au/page.aspx?c=83791

https://ecsa.sa.gov.au/parties-and-candidates/council-campaign-donations


http://www.lga.sa.gov.au/governancepolicies


http://www.lga.sa.gov.au/governancepolicies


The guide is a useful resource for new and continuing council members with practical guidance about how local government works and the roles and responsibilities of council members. The guide has been published as an electronic resource to facilitate active links to other LGA resources.

District Court jurisdiction transferred to SACAT

The jurisdiction of the District Court in relation to the majority of matters under the Local Government Act 1999 has transferred to the South Australian Civil and Administrative Tribunal (SACAT) as of 4 October 2018.There are no substantive changes to the provisions of the Act, other than to transfer jurisdiction and transitional arrangements to protect rights of action that existed prior to the transfer.

For further information, including a full list of the relevant sections of the Act, please refer to LGA Circular 41.4 or contact Alicia Stewart, Director Governance and Legislation at [email protected]

Draft Employee Code of Conduct Guidelines consultation

The LGA is currently seeking feedback on draft Employee Code of Conduct Guidelines, which has been circulated to CEOs via the LGA CEO Newsletter (14 November 2018). The Guidelines have been prepared to help council employees comply with the prescribed Code of Conduct for Council Employees in relation to gifts and benefits.

Feedback on the draft Guidelines has also been sought from the ASU and AWU. Feedback is due by 18 January 2018. Please provide feedback, or direct any queries, to Alicia Stewart, Director Governance and Legislation at [email protected]

1.4 Planning system updateOn 21 November, the State Planning Commission informed councils that it will lead the establishment of the Planning and Design Code (the Code), as well as the conversion of council Development Plans to the Code.

Although the Planning, Development and Infrastructure Act 2016 (PDI Act) will be fully proclaimed and operational by mid-2019, the State Planning Commission has announced that the Code will be delivered across three phases:

• Phase 1 (mid-2019) – Land Not Within a Council Area• Phase 2 (late-2019) – Regional Councils• Phase 3 (mid-2020) – Greater Adelaide Councils

The Department of Planning, Transport and Infrastructure (the Department) will continue to work with and consult councils throughout the three phases.

Along with other resources, councils should also be aware that the first elected member toolkit on the new planning system is available via Council Connect. The toolkit will help returning and newly elected members to understand the planning system. Further toolkits for elected members will be released in the coming months, and the Department has indicated that new discussion papers (Design and Productive Economies) will be released shortly.

The Department suggests councils visit Council Connect or contact their Transition Managers with any questions.







1.5 Managing roadside vegetationFollowing changes to the Native Vegetation Regulations in 2017, the Native Vegetation Council (NVC) developed Interim Guidelines for the Management of Roadside Native Vegetation. The Interim Guidelines are currently out for consultation, and can be accessed by visiting the Department for Environment and Water’s website.

The Interim Guidelines contain new provisions for local councils to undertake roadside vegetation clearance without requiring approval from the NVC, allowing greater scope for maintaining native vegetation regrowth into the roadside verge over a 20-year timeframe, while accounting for environmental values.

The NVC’s consultation consists of two stages. The first stage involves public consultation via the State Government’s YourSay website until 31 December 2018.

The second stage allows for councils to provide written submissions by 30 June 2019, allowing sufficient time to test the implementation of the Interim Guidelines. Written submissions can be sent to [email protected]. The LGA would appreciate submissions also being sent to Stephen Smith, Director Policy at [email protected].

1.6 Waste Management The LGA continues to represent the local government sector on the Green Industries SA (GISA) China Import Bans Working Group and the two subcommittees considering Sustainable Procurement and Recycling Education.

LGA staff attended a Sustainable Procurement Working Group meeting at GISA on 6 November 2018. At this meeting GISA reported on its recent investigation of crushed glass supply and potential uses in SA. DPTI was also able to report significant progress in its review of technical standards and specifications to support the use of recycled materials in infrastructure projects. The LGA was able to note the sector’s ongoing interest in this work demonstrated by the NOMs passed at the recent AGM.

LGA staff also discussed the release of the updated Recycling Market Development Grants program with GISA. Following discussions with the LGA, GISA adjusted the eligibility criteria to make the grants more accessible to local government bodies and matched funding is no longer required. See the GISA website for further information. Applications close on 31 January 2018.

Separately, through ongoing discussions on the outcomes of the GISA/LGA Waste Pathways Workshop, GISA has encouraged the LGA to submit an application for its proposed pilot project to trial the adoption of sustainable procurement targets by councils. The LGA recently sought expressions of interest from councils who may be willing to participate. The LGA is now finalising its application for the pilot project. If any additional councils are interested in participating please contact Emily Heywood-Smith, Senior Policy Officer, at [email protected].

1.7 Council Ready update Over the past four months, the Council Ready program has delivered emergency management health checks with 62 councils, with the remainders to occur in coming weeks. More than 500 council employees have participated in health check workshops, and more than 250 people have offered further insights through our survey.

This process has provided the LGA with detailed insights about how emergency management is understood by councils, shone light on the many examples of good practice, and identified opportunities for the Council Ready program to provide practical assistance to councils.


https://www.environment.sa.gov.au/topics/native-vegetation/consultation-under-way

https://yoursay.sa.gov.au/decisions/managing-roadside-veg-guidelines/about

https://yoursay.sa.gov.au/decisions/managing-roadside-veg-guidelines/about





The program will now complete a ‘sense making’ process, to analyse and document the outcomes and identify priorities for the next stage. This process will inform the assistance that LGA project officers provide councils over the next three years.

For more information, contact Michael Arman at [email protected] or 0436 691 123. Council Ready is being delivered with funding support from the Natural Disaster Resilience Program and the LGA Mutual Liability Scheme.

1.8 Population Policy In the new year, councils will get the opportunity to comment on the draft report developed through the Local Government Research and Development Scheme titled ‘Evidence to inform Local Government Advocacy for a Strategic Population Policy’ (prepared by the South Australian Centre for Economic Studies).

The report includes a region-by-region (RDA boundaries) snapshot to capture a demographic profile (including population age structure, income distribution etc.), population growth and decline (births, deaths, domestic movement in and out, in and between regions - including metropolitan), employment (industry sectors, occupation shortages, growth industries, unemployment rates, trends etc.), and immigration and migration policies, trends and issues.

The report will help inform the LGA’s position and provide evidence to influence the State Government. The work will be highly beneficial to councils, and will enable both councils and communities to assess what they can do to retain who they have and attract the skills they need.

The Greater Adelaide Regional Organisation of Councils (GAROC) Chair Karen Redman recently participated in the Commonwealth Government’s population roundtable. Given the lack of an overarching Australia-wide policy, the LGA Secretariat highlighted the need for a collaborative and clearly defined population plan that is community centred rather than approached on a top-down basis to Minister Tudge.

For further information, please contact Sean Holden, Senior Policy Advisor on 8224 2027 or at [email protected].

1.9 Public Health Update

Review of the South Australian Public Health Act 2011

The Social Development Committee (SDC) is conducting an inquiry into the operation of the SA Public Health Act 2011 (the Act). The Act requires the SDC to undertake a review of the operation of the Act after 5 years from commencement. The Inquiry’s Terms of Reference have now been released and can be found here. The Committee is inviting written submissions until 14 January 2019.

The Act aims to promote and provide for the protection of the public’s health and to reduce the incidence of preventable illness, injury and disability. The Act names councils as the public health authority for their area and provides the legislative framework for authorised officers, requiring them to support the delivery of immunisation services, and develop regional public health plans.

The LGA, in partnership with Environmental Health Australia (SA) recently held a well-attended workshop with members. The information received will be used to inform the LGA’s written submission into the review, as well as to assist councils with their own submissions.




https://www.parliament.sa.gov.au/Committees/Pages/Committees.aspx?CTId=5&CId=182


For further information regarding the inquiry, please contact Robyn Schutte, Secretary, Social Development Committee on 08 82379416 or email [email protected].

For feedback regarding the workshop, please contact Belinda Caruana, Senior Policy Officer, on 08 82242051 or at [email protected]

DHS Review of Supported Residential Facilities

On 29 August 2018, the Department of Human Services wrote to councils advising that they are reviewing the impact of the National Disability Insurance Scheme (NDIS) on the Supported Residential Facilities (SRF) sector. The review will also include consideration of the Supported Residential Facilities Act 1992 (SRF Act) and associated Regulations.

There are currently 48 SRFs in South Australia. Under section 9 of the SRF Act, local governments are required to undertake “administration and enforcement” including by “licensing supported residential facilities that are situated within the area of the Council”.

In addition to representing members on a SRF Transitional Working group, the LGA has consulted with local government and sought feedback, via Circular 43.7 to assist in the development of a report that will guide a submission to DHS on behalf of our members.

For further information, please contact Belinda Caruana, Senior Policy Officer - Public Health on 08 82242051 or at [email protected]

1.10 Unity CMS replacement To replace Unity, the LGA is entering into exclusive negotiations with Squiz as the preferred supplier for the new local government content management system (CMS).

The LGA's decision follows a rigorous procurement process, which has been facilitated by LGA Procurement, with input from the City of Adelaide and the City of Charles Sturt.

Squiz has significant experience in delivering multi-tenanted website solutions across federal, state and local government, and are a preferred supplier to the SA Government and to the MAV in Victoria. Around 30 councils across Australia and NZ currently use their technology.

For further information, please contact John Mundy, ESP Manager on 8224 2061, or at [email protected].







2 LGA Business

2.1 Schemes Review Following a 2015 Auditor General’s Report into the LGA Workers Compensation Scheme and Mutual Liability Scheme, the LGA commissioned its own independent review. The LGA’s commissioned review was undertaken by Rosey Batt & Associates and Finity, and made a number of recommendations around improving the governance and management of the Schemes.

The Review recommended the LGA establish a wholly owned subsidiary (LGASA Mutual Pty Ltd) to operate the schemes, a new skills based Board to oversee LGASA Mutual, revision of the Scheme rules, and a performance based contract with JLT/LGRS for the delivery of the Schemes’ services to councils.

The new skills based Board comprises of five directors, these being the LGA CEO, a State Government representative, and three independent directors (including an independent Chair). Two of the independent Directors have been appointed, and are as follows (the third is yet to be appointed):

• David Holston (Chair); and• Dascia Bennett (Independent Director).

The new Board has held an induction session and will hold its first meeting in December 2018. Details of the new arrangement’s benefits will be communicated to councils in the new year.

For more information, please contact Dr Andrew Johnson on 8224 2094 or at [email protected].

2.2 LGA governance update At the April 2018 OGM, LGA members approved the LGA’s new Constitution. The Constitution came into effect at the conclusion of the October 2018 AGM, where the Constitution’s Ancillary Documents were also approved.

A workshop has been arranged in December for SAROC & GAROC delegates to discuss the new governance arrangements, how they should work, how they should be resourced and how they will communicate their work to each other, the Board and the sector more generally. The LGA has also written to GAROC councils seeking feedback on the formation of regions for GAROC voting purposes.

For more information, please contact Dr Andrew Johnson on 8224 2094 or at [email protected].

2.3 2019 Council Best Practice Showcase and LGA OGMThe 2019 Council Best Practice Showcase and LGA Ordinary General Meeting will be held at the Adelaide Entertainment Centre on 11 and 12 April 2019.

This event is an opportunity for South Australian councils to share their projects and services with fellow councils to learn about new and innovative ways that local government is delivering value to communities.

The LGA invites councils and any local government related organisations to submit case studies, projects or services to showcase at this event. Councils can either submit an initiative to be displayed in the exhibition area of the showcase and/or as a presentation as part of the program.

For more information please visit www.lga.sa.gov.au/showcase.




http://www.lga.sa.gov.au/showcase


2.4 2019 LGA Roads and Works Conference

The LGA is seeking council input in designing the 2019 LGA Roads and Works Conference. Please see Circular 47.13 for further details.

The event will be held in Renmark from 14-16 August and will kick off with a welcome reception on the evening of 14 August (venue tbc), followed by the conference on 15 & 16 August at the Chaffey Theatre with a conference dinner on 15 August (venue tbc).

A draft program will be available in May 2019. If you have any topic or speaker suggestions please email them to [email protected] by early February 2019 as the organising committee will meet late February to start to develop the program.

2.5 Commercial updateLGASA Commercial Solutions has now launched LGASA Legal Connect (September 2018), LGASA Energy (September 2018) and LGASA Travel (November 2018).

Steve Nolis, Executive Director Commercial is currently undertaking a second round of council visits to promote the new commercial services, engage with CEOs/stakeholders/staff within councils, and personally introduce the dedicated partners providing the services. To date, the majority of councils have indicated their support for LGASA Commercial Solutions’ initiatives given the unique pricing models, service offerings and value propositions. LGASA Commercial Solutions can announce that:

• 23 Councils have either registered an interest, utilised the free legal help-line or directly engaged HWL Ebsworth to assist them with a legal need.

• the LGASA Energy partner has audited 22 assets across 8 Councils; and • LGASA Travel, in partnership with Corporate Traveller SA, is in discussions with 14 Councils

who have registered their interest in the travel offering.

New commercial opportunities and business plans are currently being considered in the area of Human Resources, in particular Executive/Management Recruitment, CEO Performance Reviews, Staff Engagement Surveys, Benchmarking Services, Talent attraction and retention of staff to Regional councils and developing an HR/IR support service and precedent library (in conjunction with our Legal Partner).

For further information, please contact Steve Nolis, Executive Director Commercial at [email protected], or Sandra Klein, Commercial Operations Manager at [email protected].






3 Education and Training

3.1 LGA Education and TrainingThe LGA’s Education and Training Service has commenced the roll out of its Elected Member Leadership Development Program. The program is designed to provide elected members with a greater understanding of their roles and responsibilities and develop their leadership effectiveness. Sessions are designed specifically for the South Australian local government sector and provide skills and shared experiences that enhance learning and understanding for both newly elected and returning elected members. The four mandatory training modules that constitute the ‘LGA Training Standards for Council Members’ are a component of this program. The program is available on the LGA’s website.

Please contact Liz O’Flynn, Training Development Officer, on 8224 2044 or at [email protected] for more information.

3.2 Regional Youth Traineeship ProgramThe Regional Youth Traineeship Program provides unemployed youth in regional areas with training and employment opportunities in local government. The State Government has contributed $4 million to two rounds of the Program, which is managed by the LGA. To date, 82% of regional councils have taken part in one or both Regional Youth Traineeship Programs.

Capability Building Workshops are currently underway in the SA regions and form an integral part of the Program. The workshops have been designed to build the capacity, communication skills and confidence of the trainees throughout their two year council employment.

Round 2 of the program will finish in April 2019. Correspondence between the former LGA President and Minister Whetstone has confirmed further funding has not been allocated in the 2018-19 State Budget for the program to continue beyond April 2019. The LGA will continue to advocate for future traineeships.

For more information, please contact Natasha Black, Regional Youth Traineeship Project Coordinator on 8224 2013 or at [email protected]


http://training.lga.sa.gov.au/




OCEO-13

2. TINTINARA COMMUNITY GYMNASIUM COMMITTEE – MINUTES OF MEETING

HELD 5 NOVEMBER 2018


Strategy 1.5 – Promote volunteering and encourage, value and support community volunteers.


Committee Terms of Reference

Statutory Requirement Yes – section 41 committees of Council are required to submit minutes of meetings.

Financial Implications Nil Author of Report Executive Assistant Officers Consulted Chief Executive Officer Recommendation That Council receive the minutes of the Tintinara Community Gymnasium Committee meeting held on 5 November 2018.

REPORT The minutes of the committee’s meeting appear on the following page.


OCEO-14

Tintinara Community Gymnasium Committee

MINUTES

Location: Tintinara Hotel

Date: Monday 5th Nov 2018

Time: 7pm

Meeting opened 7.05

1. Present/Apologies – Present: Jo Hooper, Kylie McCabe, Penny Freeman, Jeff Arthur Apologies -

James Simpson and Michelle Kendrick

2. Minutes and Business Arising from Previous Meeting

2.1 Update on Purchases List (KM)

2.1.1 Treadmill and Spin Bike Purchased

2.2 Member number update (KM)

2.2.1 20 Members

2.3 Get Fit Program

2.3.1 Cancelled due to low numbers

3. Treasurers Report

a. Expenditures and Income Report to come

4. Action Club Feedback (JS)

a. Nil

5. New Business

5.1 Committee Positions

Kylie requesting to step down or delegate some roles.

These roles include:

Receipts/banking

Membership renewals – sending out reminders to members to make

payment

Inductions

Cleaning Roster

Decided that committee members (including any incoming members) will meet at a later stage and delegate roles.


OCEO-15

Action Club – decided by all Gym committee members in attendance that if Action Club don’t require an Action Club member to be in attendance at our meetings we will remove this Action Club Member role and just feedback to Action Club if and when required.

6. Correspondence in/out

a. Nil

7. Maintenance Issues/Communication/Suggestion Box

a. Cleaning Roster needs to be maintained

8. Other Business

a. Playgroup – Need to remove paint easels and requested to please keep toilets clean.

Penny to inform Playgroup of this.

9. Next Meeting

Monday 6th May 7pm

Meeting Closed 7:41pm Go to index


CC-1

11. COMMUNITY AND CORPORATE

DIRECTOR COMMUNITY & CORPORATE

1. 2018/19 COMMUNITY EVENTS, GRANTS & DONATIONS – ROUND ONE


Strategy 1.2 – Enhance the quality of life of our communities by advocating, supporting and/or undertaking health, recreation development, ageing in place, library services, community development, safety and transport initiatives. Strategy 1.3 – Through leadership and the sharing of knowledge, build the capacity of communities to sustain their ownership of facilities an, where appropriate, renovate or expand their facilities to meet community needs.


Community Events, Grants and Donations Policy

Statutory Requirement Nil Financial Implications Projects to be considered in accordance with budget

allocation of $40,000 (of which $35,900 remains) Author of Report Community Development Officer Officers Consulted Director Community & Corporate, Director Infrastructure

and Assets, Planning Officer, Senior Community & Tourism Officer

Recommendation For Council consideration.

REPORT

In accordance with Council’s Community Events, Grants and Donations Policy, submissions from community groups were invited for round one of the 2018/19 program. At the close of applications on 16 November 2018, a total of seven (7) submissions totaling $32,067 were received. An annual budget allocation of $40,000 is provided for the Community Grants Program and with $4,100 being allocated to events to date, $35,900 remains for further events and both rounds of community grants. In assessing each application, key considerations include:

Level of community participation and benefit. Extent the project meets a demonstrated need. Innovative nature of the project. Lack of alternative sources of funding.


CC-2

Extent the community group is contributing to the project. Clearly outlined project plan and budget.

The following table provides a brief summary of the submissions received.

No. Community Group Brief Project Description Amount

Sought 1 Careship Coorong Farming for Wellbeing - A program that

enables people in the region to become participating members of their community again by offering valuable roles. This is a new program, based on the pilot program Farming 4 Health.

$5,000

2 Meningie Netball Club Club ceiling installation to the common area of the netball clubroom.

$5,000

3 Tailem Bend Bowling Club Upgrade to blinds inside the facility $2,280

4 Coonalpyn Hub The 'Changing Canvas' project - Empowering the non-artist to have fun and create something unique. Geared towards targeting social isolation and wellbeing of the community.

$5,000

5 Coorong Cottage Industries 'First Impressions Print Making Workshop' - Cross cultural series of printmaking workshops in CCI by Jorji Gardener.

$4,787

6 Tintinara Football Club Reverse Cycle Air-conditioning $5,000

7 Meningie Cheese Factory Museum

Unisex Public Toilet facility for use of members and visitors.

$5,000

Recipients will be advised on the outcomes following the December 2018 ordinary Council meeting.


CC-3

2. DISCRETIONARY RATE REBATE REVIEW (ONGOING)


Strategy 1.2 - Enhance the quality of life of our communities by advocating, supporting and/or undertaking health, recreation development, ageing in place, library services, community development, safety & transport initiatives. Strategy 1.3 - Through leadership & the sharing of knowledge, build the capacity of communities to sustain their ownership of facilities &, where appropriate, renovate or expand their facilities to meet community needs. Strategy 1.5 - Promote volunteering and encourage, value & support community volunteers.


Rate Rebate Policy

Statutory Requirement Local Government Act 1999, section 166 Financial Implications Yes ($633.12) Author of Report Senior Finance Officer & Director Community &

Corporate Officers Consulted N/A Recommendation That: 1. Council provide a discretionary rate rebate, excluding all service charges to the

Coorong Mechanical Restoration Club Inc, Asst 6025 (100% rebate); 2. The rate rebate applies from the period 1 July 2018; 3. Council’s Rate Rebate Policy is updated accordingly.

REPORT At its July 2018 meeting, Council resolved to review its Rate Rebate Policy, particularly the eligibility of those receiving a discretionary rate rebate. Hence, the discretionary rate rebate was removed from 76 rate assessments, and letters were posted on 12 July 2018 to 46 relevant groups, inviting them to re-apply for the discretionary rebate, to be re-assessed in accordance with Section 166 of the Local Government Act 1999 and Council’s Rate Rebate Policy 2018. To date, thirty two (32) applications have been approved and the rate rebate reinstated. A further application has been completed and returned to Council for review, the details of which are included in this report. Council may in its absolute discretion grant a rebate of rates on an annual basis. Not withstanding other matters considered relevant by Council, applications will be assessed pursuant to Section 166 of the Act with regard to the following criteria:

the nature and extent of Council services provided in respect of the land for which the rebate is sought in comparison to similar services provided elsewhere in its area; and


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the community need that is being met by activities carried out on the land for

which the rebate is sought; and the extent to which activities carried out on the land for which the rebate is

sought provide assistance or relief to disadvantaged persons. On the basis as described above, Council is asked to determine the eligibility of the following applicant and to grant a percentage, which is either 1) the same as in previous years (most instances), 2) the amount applied for by the applicant, or 3) the same as granted to other similar groups during the course of this review. Coorong Mechanical Restoration Club Inc. Asst 6025, 24 East Terrace Meningie (Scout Hall)

100% rate rebate is being applied for in accordance with section 166(1)(c) of the Local Government Act 1999: (j) the land is being used by an organisation which provides a benefit or

service to the local community

No supporting information or documentation included with the application.

Asst Name Levied 2018/19

(Inc. Services) %* Total Rebate

2018/19 (Exc. Services)

6025 Coorong Mechanical Restoration Club Inc

$958.12 100 $633.12

Total value rebate if approval granted: $633.12


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3. MONTHLY FINANCE REPORT – 30 NOVEMBER 2018

SMP Objectives All

All strategic objectives.


2018/19 Annual Business Plan & Budget Annual Business Plan & Budget Policy

Statutory Requirement Yes Financial Implications N/A Author of Report Director Community & Corporate Officers Consulted Finance Manager Recommendation That Council adopts the monthly finance report as at 30 November 2018.

REPORT Background Council is required to reconsider its budget throughout the financial year and make appropriate adjustment to it where necessary pursuant to Sec 123(13) of the Local Government Act 1999 [extract shown here];

Sec 123 (13) A council must, as required by the regulations, and may at any time, reconsider its annual business plan or its budget during the course of a financial year and, if necessary or appropriate, make any revisions.

Council’s Annual Business Plan & Budget Policy includes: Timing and Content of Budget Reporting to Council

The Finance Manager will prepare a monthly report for all managers/responsible officers, and produce, in the form of a “Uniform Presentation of Finances” Statement, to the Council. All budget reviews will be in the format as recommended within the Local Government Association (LGA) financial sustainability papers. All reviews will be presented for discussion by the Senior Management Team before being reported to Council. a) Budget Reviews

Budget reviews are to be performed and presented to the Audit Committee (if meeting is set) and Council as follows or near to:


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Review

No: Budget for the 3 Months Ending

Presented to Audit Committee

Present to Council

1st 30 September October November 2nd 31 December February/March February/March 3rd 31 March April / May May 4th 30 June October October /

November

The budget reviews are to contain information to satisfy all the appropriate Accounting Standards and legislative requirements. Budget reviews 1 to 3 are to also include a list of alterations at Comprehensive Income level detail for all budget alterations along with a high level comparisons for the majority of the financial statements are to be included in the each review. Budget review 2 is a more comprehensive (mid-year) budget forecast review and will be prepared in accordance with the five principle financial statements (excluding notes) and show a revised full year forecast including the required ratios, and be presented to Council. Budget review 4 is a requirement by legislation and performed as part of the finalisation of the annual financial statement to provide a review of the final results against budget on the statement of comprehensive income and the balance sheet. The review is used to identify variance in the budget and also identify uncompleted capital items that will be recommended by staff to be included as an addition in the following year’s September budget review.

Discussion The intent of this report is to provide transparent and consistent monthly updates of Council’s finances which will not only assist in keeping Council and the community fully informed, but will also systematically identify upcoming budget review items. In interpreting the report, the column titled “adopted first review” is the current budget review as adopted in October 2018. The column titled “forecast second budget review” is where management have identified a budget adjustment that will be included in the full second quarter report scheduled to be tabled at the Feb/March 2019 Council meeting. The corresponding note on the right hand side of the report is detailed in the commentary contained at the foot of the report. A monthly review will be undertaken where these items plus any others presenting will systematically be added to this report, culminating in regular quarterly reviews being submitted to council for adoption.


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Coorong District Council This is not the Cashflow StatementStatement of Comprehensive IncomeFinance Reportfor the year ended 30th June 2018 As at 30th November 2018

Original 2018/19 Budget

Adopted1st Review

Budget YTD Budget YTD Actual

Forecast 2nd

Budget Review Notes

$ $ $ $ $OPERATING ACTIVITIES:

Operating IncomeRates 7,249 7,249 7,200 7,303 76 1Statutory charges 124 124 52 73 2User charges 251 251 147 147 3Grants, subsidies, contributions 4,363 4,302 1,474 1,463 42 4Investment income 5 5 2 7 5 5Reimbursements 195 195 66 80 15 6Other income 75 147 134 219 72 7Other rates 2,228 2,228 2,228 2,253 25 8Net gain - equity accounted Council businesses 0

Total Operating Income 14,490 14,501 11,303 11,545 235

Operating ExpenseEmployee costs 5,471 5,471 2,104 1,941 9Materials, contracts & other expenses 6,189 6,536 2,723 2,453 26 10Depreciation 3,921 4,201 1,750 1,750 11Finance costs 200 200 30 30 12Net Loss - equity accounted Council businesses

Total Operating Expenses 15,781 16,408 6,608 6,174 26

Operating Surplus / (Deficit) (a) A (1,291) (1,907) 4,695 5,371 209

CAPITAL ACTIVITIES:

Net Outlays on Replacement/Renewal AssetsCapital Expenditure on Renewal and Replacement Assets 4,718 4,729 394 448 11 Less: Depreciation, Amortisation & Impairment 3,921 4,201 1,750 1,750 9 Less: Proceeds from Sale of Replacement Assets B 145 145 0 0Net Outlays on Existing Assets (b) 652 383 (1,356) (1,302) 0

Net Outlays on New and Upgraded AssetsCapital Expenditure on New and Upgraded Assets 121 1,215 0 0 11 Less: Amount Received Specifically for New/Upgrade Assets C 0 532 0 0 12 Less: Proceeds from Sale of Surplus Assets D 0 0 0 0Net Outlays on New and Upgraded Assets (c) 121 683 0 0 0

Net Lending / (Borrowing) for the Financial Year (a)-(b)-(c) (2,064) (2,973) 6,051 6,673 209

Statement of Comprehensive Income - Net Operating Surplus / (Deficit) (A)+(B)+(C)+(D) (1,146) (1,230) 4,695 5,371 209


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NOTE: Forecast changes for 2nd Budget Review consideration

1 Increase due to valuation changes more than anticipated

2 No change 3 No change 4 Successful Local Action Plan (LAP) Grants

5 Investment deposits due to pre paid funds & large scale capital works not commenced

6 Refund from Local Government Workers Compensation Scheme (LGAWCS) relating to the 2017/18 wages declaration (budget vs Actual) $15k

7 Income more than anticipated on budget for the LGAWCS 2018/19 rebate $30k higher, performance bonus Local Government Association Mutual Liability Scheme 2018/19 $24k and debt recovery $10k, $8k other

8 Increase in NRM levy due to valuation changes (per Note 1) and number of properties accessing CWMS $25k

9 No Change 10 LAP Grants expected expenses 11 Increase costs new specifications of Council Member iPads 12 No Change

Nat Traeger DIRECTOR COMMUNITY & CORPORATE Go to index

KEY PERFORMANCE INDICATORS

Original 2018/19 Budget

Adopted1st Review

BudgetYTD

Actual

-$1,291 -$1,907 $5,371 Operating surplus / (deficit) (>%0) -9% -13% 47% Net financial liabilities ratio (<100%) 61% 69% 69% Asset sustainability ratio (100%) 100% 100% 100%

LGA financial ratios (consolidated)

Operating surplus / (deficit) (>$0)


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12. INFRASTRUCTURE AND ASSETS

DIRECTOR INFRASTRUCTURE & ASSETS 1. TEMPORARY ROAD CLOSURE – 2019 MENINGIE AUSTRALIA DAY FUN RUN

SMP Objective 2 A strong sense of civic pride and well-maintained townships.

Strategy 2.3 – Promote the use of public art in our main streets & major community spaces, which is consistent with established township themes or will create a key point of difference in non-active areas.


N/A

Statutory Requirement Section 33 of the Road Traffic Act 1961 Financial Implications Wages for staff assisting with the road closure Author of Report Executive Assistant to the Director Infrastructure &

Assets Officers Consulted Director Infrastructure & Assets Recommendation That Council: 1. Approve the temporary road closure for the Meningie Australia Day Fun Run

2019 as an event under Section 33 of the Road Traffic Act 1961 on Saturday 26 January 2019;

2. Consent to the Commissioner of Police issuing a Road Closure Order pursuant to section 33 of the Road Traffic Act 1961 for the temporary closure of the following roads from 7:00am to 9:00am: Warrengie Drive Pettet Road Yarli Court McFarlane Street

3. In accordance with section 33(3) of the Road Traffic Act 1961, at least two clear days prior to the event, advertise a copy of this order in the local newspapers;

4. Install and remove appropriate traffic control devices by suitably qualified Council employees to give effect to the closure; and

5. Advise the Department of Planning, Transport and Infrastructure accordingly.

REPORT The Meningie Australia Day Fun Run will be held on Saturday 26 January 2019. The Meningie Progress Association has written to Council requesting the temporary closure of the following roads from 7:00am to 9:00am:

Warrengie Drive Pettet Road Yarli Court


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McFarlane Street

The road closure period includes pre-event set up and post-event dismantling. Council’s Infrastructure & Assets Department will:

(1) Ensure liaison with the Police and all emergency services to ensure alternate routes are determined for local emergencies and to coordinate emergency response routes, entry and exit points directly relate to the event;

(2) Notify all residents and businesses along and adjacent the road of the event and road closure times; and

(3) Liaise with the Meningie Progress Association to ensure satisfactory event management plans and risk assessment checklists are in place as the event is being undertaken on a Council road.

Council staff will provide in-kind management, supervisory and labour support and assistance with the following activities:

Advertisement of the event Liaison with all emergency service providers and SA Police Roads, footpaths and parks pre and post-event clean-up Supply of additional rubbish bins and collection after the event Traffic control management planning and liaison Supply, installation, manning and removal of traffic control signage and

barriers, and temporary event fencing Event, emergency and risk management planning and liaison, including

emergency call outs to respond to traffic and event management issues

As the event is a community function, it is recommended that the costs of the above Council activities and associated road closure be met by Council. A copy of the traffic management plan, and the initial request from Meningie Progress Association (including maps supplied) have been included on the following pages.

David Mosel DIRECTOR INFRASTRUCTURE & ASSETS Go to index

Title: Meningie Australia Day Fun Run Traffic Management Plan

Revision: A Date: 28/11/2018

Date & Time From: 26/01/2019, 7:00 am To: 26/01/2019, 9:00 am

Traffic Management Plan: Meningie Australia Day Fun Run 2019

Area of Road Closure


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14. CONFIDENTIAL ITEMS

1. CONFIDENTIAL MINUTE ACTION LIST

RECOMMENDATION 1.1 That in accordance with section 90(2) of the Local Government Act 1999, the

Council orders that the public (excepting the Chief Executive Officer, Director Community & Corporate, Director Infrastructure & Assets and Executive Assistant), be excluded from attendance at the meeting to the extent that the Council considers it necessary to receive, discuss or consider in confidence the report – confidential minute action list. That the Council is satisfied that pursuant to section 90(3)(a) of the Local Government Act 1999 information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead). That under section 90(2) 3(a) of the Local Government Act 1999, the Council pursuant to section 91(7)(b) of that Act order that the discussion, report and minute be held in confidence until 17 September 2019 with the resolution to be released.

2. COMMENCEMENT OF SECTION 184 ACTION


Council orders that the public (excepting the Chief Executive Officer, Director Community & Corporate, Director Infrastructure & Assets and Executive Assistant), be excluded from attendance at the meeting to the extent that the Council considers it necessary to receive, discuss or consider in confidence the report – commencement of section 184 action. That the Council is satisfied that pursuant to section 90(3)(a) of the Local Government Act 1999 information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead). That under section 90(2) 3(a) of the Local Government Act 1999, the Council pursuant to section 91(7)(b) of that Act order that the discussion and report be held in confidence until 17 September 2019 with the resolution and minute to be released following finalisation of the Council minutes.


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3. 2018/19 UNSEALED ROADS TENDER PROCESS


Council orders that the public (excepting the Chief Executive Officer, Director Community & Corporate, Director Infrastructure & Assets and Executive Assistant) be excluded from attendance at the meeting to the extent that the Council considers it necessary to receive, discuss or consider in confidence the report – 2018/19 unsealed roads tender process. The Council is satisfied that pursuant to section 90(3)(k) of the Local Government Act 1999 the information to be received, discussed or considered in relation to this item are tenders for the supply of goods, the provision of services or the carrying out of works. That under section 90(2) 3(k) of the Local Government Act 1999, the Council pursuant to section 91(7)(b) of that Act order that the discussion and report and resolution be held in confidence until 17 September 2019, at which time the confidential order will be reviewed.

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