NOTICE OF SPECIAL COUNCIL MEETING Notice is hereby given that a Special Meeting of Council will be held on Wednesday 1 November 2017 in the Council Chambers, 43 – 51 Tanunda Road, Nuriootpa, commencing at 7.00pm Martin McCarthy CHIEF EXECUTIVE OFFICER THE BAROSSA COUNCIL A G E N D A 1. THE BAROSSA COUNCIL 1.1 Welcome Mayor Sloane - meeting declared open 1.2 Present 1.3 Leave of Absence 1.4 Apologies for Absence Cr Chris Harms 2. DEBATE AGENDA 2.1 DIRECTOR DEVELOPMENT AND ENVIRONMENTAL SERVICES 2.1 .1 Gawler River Floodplain Management Authority – Application by Adelaide Plains Council to withdraw 2 3 CONFIDENTIAL AGENDA 3.1 ACTING DIRECTOR CORPORATE AND COMMUNITY SERVICES 3.1.1 Licence Agreement – Hosting – Women’s Tour Down Under 12 4. NEXT MEETING 4.1 Tuesday 21 November 2017 5. CLOSURE 1
Transcript
NOTICE OF SPECIAL COUNCIL MEETING
Notice is hereby given that a Special Meeting of Council
will be held on Wednesday 1 November 2017
in the Council Chambers, 43 – 51 Tanunda Road, Nuriootpa,
commencing at 7.00pm
Martin McCarthy CHIEF EXECUTIVE OFFICER THE BAROSSA COUNCIL
A G E N D A
1. THE BAROSSA COUNCIL
1.1 Welcome Mayor Sloane - meeting declared open 1.2 Present 1.3 Leave of Absence 1.4 Apologies for Absence
Cr Chris Harms
2. DEBATE AGENDA
2.1 DIRECTOR DEVELOPMENT AND ENVIRONMENTAL SERVICES
2.1 .1 Gawler River Floodplain Management Authority – Application by Adelaide Plains Council to withdraw
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3 CONFIDENTIAL AGENDA
3.1 ACTING DIRECTOR CORPORATE AND COMMUNITY SERVICES
3.1.1 Licence Agreement – Hosting – Women’s Tour Down Under 12
4. NEXT MEETING
4.1 Tuesday 21 November 2017
5. CLOSURE
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SPECIAL COUNCIL MEETING
DEVELOPMENT AND ENVIRONMENTAL SERVICES
DIRECTOR’S REPORT
1 NOVEMBER 2017
2.1. DIRECTOR – DEVELOPMENT AND ENVIRONMENTAL SERVICES – DEBATE
2.1.1.
GAWLER RIVER FLOODPLAIN MANAGEMENT AUTHORITY (GRFMA) – APPLICATION BY
ADELAIDE PLAINS COUNCIL TO WITHDRAW
PURPOSE
To provide Council an update on recent activity impacting on the role of the GRFMA, and reinforce Council’s support for the Lower Gawler River Flood Mitigation Works and for the next steps for the flood mitigation works. RECOMMENDATION
That Council: (1) Note that the Adelaide Plains Council (APC) has formally lodged its request for
withdrawal with the Minister for Local Government, the Hon. Geoff Brock MP. (2) Acknowledge that the Minster will undertake his process and consult with other
constituent councils pursuant to the Local Government Act, 1999. (3) Note the intent of the GRFMA and constituent Councils to review the Charter
at the request of APC including the cost and benefit arrangements. (4) Instruct the Chief Executive Officer to write to the Minister for Local
Government, the Hon. Geoff Brock MP recommending that he not approve the formal request from APC to withdraw from the GRFMA on ‘public interest’ grounds
REPORT
Background
The Gawler River Floodplain Management Authority (GRFMA) was formed as a Regional Subsidiary under Section 43 and Schedule 2 of the Local Government Act
1999 on 22 August 2002. The Constituent Councils are the Adelaide Hills Council, Adelaide Plains Council, The Barossa Council, The Town of Gawler, Light Regional Council and the City of Playford.
Introduction
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A number of significant activities have occurred in recent months that impact on the role of the GRFMA. These activities are primarily as a consequence of ongoing investigations associated with the Gawler River Lower Flood Mitigations Works as a result of the 2016 flood and ongoing mitigation investigations, seeking project funding for works associated with the Northern Floodway Project, managing community expectations as well as more recently consideration of the Adelaide Plains Council decision to withdraw from the GRFMA. Discussion
Northern Floodway Project Funding
A key aspect required to be finalised to enable the Northern Floodway Project to proceed is project funding. At present the GRFMA has been lobbying both State and Federal Members in order to seek commitments to funding for the current estimated $27M project cost. More recently Premier the Hon Jay Weatherill MP wrote to the Prime Minister the Hon Malcolm Turnbull MP seeking a one-third contribution for this project as part of a three way funded outcome between Federal, State and Local Government for the current $27M indicative estimated cost. A copy of this letter is provided in Attachment 1. More recent discussions with Federal Government Senator Anne Ruston identified the possibility of consideration that the Federal and State Governments share the capital cost for the works (50/50), and Local Government fund the ongoing recurrent operational costs (for a period to be determined) being identified as part of any formal funding submission for this project. Clarification on these discussions is being sought in writing to enable this matter to be progressed. If successful any funding is understood to be conditional on GRFMA (as it is currently formed with six Councils) supporting the existing governance arrangements. In respect to the contribution required by Local Government, the make-up of this funding distribution amongst member Councils has yet to be considered. That said, the GRFMA Charter provides the opportunity for further consideration outside of the current nominated percentage shares in the Charter. Further reports will be provided to the Council as this project’s investigations are advanced and financial funding options for local government considered. Adelaide Plains Council – Withdraw from the GRFMA
The Adelaide Plains Council (APC) passed a Motion without Notice at its 15 May 2017 Council meeting in regards to the Council immediately withdrawing from the GRFMA. This motion was based on concern that Council had on the cost impact of the Northern Floodway project on their long term financial position and the unwillingness of the GRFMA Board to review the Charter contributions at this time. As a consequence the APC’s Audit Committee proposed that a Prudential Review be undertaken to understand the risks and implications of this decision. At the APC’s 18 September 2017 Meeting this matter was considered again and despite recommendations from the independent Prudential Review of the benefits of remaining in the GRFMA and risks associated with withdrawing, the APC resolved to withdraw as a member. As such formal arrangements to withdraw has been initiated
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by APC. A copy of the letter sent to the Minister for Local Government from APC is contained in Attachment 2.
It should be noted that whilst APC have commenced proceedings to withdraw, this can only occur if supported by the Minister for Local Government, Geoff Brock MP. As part of this process the GRFMA and the Constituent Councils are anticipating being consulted on their position in regard to this matter.
GRFMA Charter Review
At the Special Meeting of the GRFMA on 5 October 2017, the Board resolved to initiative processes to progress the review of both the Charter and Governance Framework for the authority. This review is to consider the financial contributions of the constituent councils for capital and ongoing recurrent costs.
Summary and Conclusion
The GRFMA was established to undertake a regional approach to flood management along to Gawler River, thereby ensuring that any potential risks to the health and safety, environmental and economy of the community was shared amongst the six councils. The success of the GRFMA is achieved in maintaining the membership of the six constituent councils. However the value of remaining is subject to all council’s support for the authority. The remaining five councils have shown resolve to maintain the importance of the GRFMA and have flagged that a proactive approach to the Minister is required. ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Attachment 1 – Letter from Premier to Prime Minister Attachment 2 – Letter from Mayor, APC to Minister for Local Government COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
Natural Environment and Built Heritage
Infrastructure
Health and Wellbeing
How We Work – Good Governance
Corporate Plan 1.12 Build and maintain relationships with other levels of government to ensure
development strategies are responsive to regional needs and issues. 3.11 Advocate for the allocation of State and Federal funding to maintain and invest in
infrastructure within our region.
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4.15 Plan for and where appropriate support response to extreme weather events or disasters in the region.
6.17 Advocate for The Barossa Council and its community, our region or local government in South Australia through direct action, representation on or collaboration with local, regional or State bodies.
Legislative Requirements Local Government Act 1999 FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Financial Management
Current arrangements are budgeted for within the long term financial plan. Council’s current annual contribution for maintenance and administration is $11,700. This will increase with new infrastructure but that is yet to be determined. Risk Management
The key risk issue for the region is the management of the economic, social and environmental management of floods within the region and the potential loss of funding support to implement a $27M flood mitigation project for the betterment of the region and South Australia.
COMMUNITY CONSULTATION
Nil
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Attachment 1
Attachment 1
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Attachment 2
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COVER SHEET
CONFIDENTIAL REPORT
1 NOVEMBER 2017
COUNCIL MEETING
ACTING DIRECTOR – CORPORATE AND COMMUNITY
SERIVCES
3.1 DEBATE AGENDA – CORPORATE AND COMMUNITY SERVICES
3.1.1
2018 SANTOS WOMEN’S TOUR - PROPOSED ROAD CLOSURE AND LICENCE AGREEMENT
The matter of the agenda item has been requested to be kept confidential until the launch of the 2018 Santos Women’s Tour and officially released to the public by Events South Australia which is anticipated to be undertaken in November 2017 pursuant to Section 90(3)(d)(i) of the Local Government Act 1999 (“the Act”) being commercial information of a confidential nature (not being a trade secret) the disclosure of which 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. There is strong public interest in enabling members of the public to observe Council’s transparent and informed decision-making. This helps to ensure accountability, maintain transparency of public expenditure, facilitate participation, assist public awareness and allow for the scrutiny of information. Attendance at a Council meeting is one means of satisfying this interest. The public will only be excluded from a Council meeting when the need for confidentiality pursuant to Section 90(2) of the Act outweighs the public interest of open decision making. In this matter, the reason that receipt, consideration or discussion of the information or matter in a meeting open to the public would be contrary to the public interest is that the information has been provided to Council as commercial in confidence. On balance, the above reason which supports the need for confidentiality pursuant to Section 90(2) of the Act outweighs the factors in favour of the public interest of open decision-making.
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RECOMMENDATION: That Council: (1) Under the provisions of Section 90(2) of the Local Government Act 1999, make
an order that the public be excluded from the meeting with the exception of the Chief Executive Officer, Acting Director Corporate and Community Services, Director Development and Environmental Services, Director Works and Engineering, Director Community Projects, Communications Officer and the Minute Secretary, in order to consider in confidence, a report relating to Section 90(3) (d) of the Local Government Act 1999 being 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.
(2) Accordingly, on this basis, Council is satisfied that public interest in conducting
meetings in a place open to the public has been outweighed by the need to keep the information and discussion confidential as the information has been provided to Council as commercial in confidence.
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COVER SHEET
CONFIDENTIAL REPORT
1 NOVEMBER 2017
COUNCIL MEETING
ACTING DIRECTOR – CORPORATE AND COMMUNITY
SERIVCES
3.1 DEBATE AGENDA – CORPORATE AND COMMUNITY SERVICES
3.1.1
2018 SANTOS WOMEN’S TOUR - PROPOSED ROAD CLOSURE AND LICENCE AGREEMENT
The matter of the agenda item has been requested to be kept confidential until the launch of the 2018 Santos Women’s Tour and officially released to the public by Events South Australia which is anticipated to be undertaken in November 2017 pursuant to Section 90(3)(d)(i) of the Local Government Act 1999 (“the Act”) being commercial information of a confidential nature (not being a trade secret) the disclosure of which 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. There is strong public interest in enabling members of the public to observe Council’s transparent and informed decision-making. This helps to ensure accountability, maintain transparency of public expenditure, facilitate participation, assist public awareness and allow for the scrutiny of information. Attendance at a Council meeting is one means of satisfying this interest. The public will only be excluded from a Council meeting when the need for confidentiality pursuant to Section 90(2) of the Act outweighs the public interest of open decision making. In this matter, the reason that receipt, consideration or discussion of the information or matter in a meeting open to the public would be contrary to the public interest is that the information has been provided to Council as commercial in confidence. On balance, the above reason which supports the need for confidentiality pursuant to Section 90(2) of the Act outweighs the factors in favour of the public interest of open decision-making.
OUT OF CONFIDENCE
RECOMMENDATION: That Council: (1) Under the provisions of Section 90(2) of the Local Government Act 1999, make
an order that the public be excluded from the meeting with the exception of the Chief Executive Officer, Acting Director Corporate and Community Services, Director Development and Environmental Services, Director Works and Engineering, Director Community Projects, Communications Officer and the Minute Secretary, in order to consider in confidence, a report relating to Section 90(3) (d) of the Local Government Act 1999 being 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.
(2) Accordingly, on this basis, Council is satisfied that public interest in conducting
meetings in a place open to the public has been outweighed by the need to keep the information and discussion confidential as the information has been provided to Council as commercial in confidence.
OUT OF CONFIDENCE
COUNCIL
CORPORATE AND COMMUNITY SERVICES
ACTING DIRECTOR – CORPORATE AND COMMUNITY SERVICES
1 NOVEMBER 2017
3.1 DEBATE AGENDA – CORPORATE AND COMMUNITY SERVICES
3.1.1
2018 SANTOS WOMEN’S TOUR - PROPOSED ROAD CLOSURE AND LICENCE AGREEMENT
B6586 17/65485
PURPOSE
Events South Australia as the organisers of the 2018 Santos Tour Down Under have advised that the SANTOS Women’s Tour will return to the Barossa in 2018 and Stage 2 will be held on Friday 12 January 2018. RECOMMENDATION
That Council: (1) Endorse hosting Stage 2 of the Santos Women’s Tour 2018 event with the start in
Lyndoch and finish at Mengler Hill on Friday 12 January 2018, and authorises the Chief Executive Officer to sign the Licence Agreement between the South Australian Tourism Commission and Council for nil fee and in-kind support.
(2) Advise the Commissioner of Police that The Barossa Council endorses the closure
and restrictions of the following roads on Friday 12 January 2018 to facilitate the start and finish of Stage 2 of the 2018 SANTOS Women’s Tour.
Kauffmann Avenue, Lyndoch at the junction with Barossa Valley Way, between
9.00am and 12.00pm, and Barossa Court, Lyndoch from Barossa Valley Way to end, between 9.00am and
12.00pm, and Barossa Valley Way, Lyndoch between Kauffmann Avenue and the Lyndoch
Recreation Park entrance, a distance of approximately 350 metres between 9.00am and 12.00pm, and
Mengler Hill Road, Tanunda between Light Pass Road and Gravel Pit Road,
between 12.00pm and 3.00pm. (3) Endorse the temporary closure of Barossa Sculpture Park between 12.00pm and
3.00pm to facilitate additional space requirements for vehicle and equipment requirements.
OUT OF CONFIDENCE
REPORT
Background
The inaugural Santos Women's Tour in 2015 was an exciting addition to the Santos Tour Down Under and will return in 2018 from 11-14 January. The Santos Women’s Tour will now be ranked as a 2.1 class race on the UCI international calendar (up from 2.2) making it one step closer to achieving the long-term goal of World Tour status. The new classification means more points on offer to the riders and teams, giving riders more incentive to start their cycling season in Adelaide.
The 2017 Santos Women’s Tour saw 102 riders from 19 different countries contest the peloton with the overall honours going to ORICA-Scott’s Amanda Spratt. In 2018, 17 teams of elite international and national female cyclists will return to battle it out over four stages in South Australia. The riders will start in Lyndoch and conclude with a Queen of the Mountain finish on Mengler Hill. The licence agreement defines requirements on Council to support the event:
Road closures – Council to manage, implement and fund all road closures and any parking restrictions required for the event. The start and finish road closures in separate locations does require additional resources to implement in comparison to previous years where the start and finish were at the same location.
Safe road conditions – responsible for repair and maintenance for the purpose of operating the event.
Waste – Provide waste receptacles and removal. Notification of road closures to residents and businesses as required. Feedback and complaint management – consultation and notification as
required. Associated Events – oversight of community events such as Wheels on the Green.
Organisers are also requesting the closure of the Barossa Sculpture Park on race day for the parking of team vehicles, and organisers are liaising with local landowners to utilise adjacent paddocks. Council have also been requested to provide temporary toilet facilities at the finish location and Council’s Manager Operations is currently assessing this request in conjunction with the Acting Operations Coordinator. Summary and Conclusion
Council is required to enter into a licence agreement to host the 2018 Santos Women’s Tour. The associated road closure is deemed necessary as a risk mitigation strategy to maintain the safety of participants and the general public. Council has once again initiated the Barossa Working Group and continues to support the Southern Barossa Alliance as the community work together to host a successful Santos Tour Down Under event in the southern Barossa. ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Attachment 1 - Licence
OUT OF CONFIDENCE
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
2. Community and Culture
4. Health and Wellbeing
Business and Employment
2.1 Initiate and support activities which encourage participation and pride in the
Barossa Council area. 2.6 Support a vibrant and growing arts, cultural, heritage and events sector. 4.2 Create opportunities for people of all ages and abilities to participate in the
community. 5.13 Support economic development through events Legislative Requirements Local Government Act 1999 Road Traffic Act 1961 FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Financial and Resources
The in-kind cost of these road closures will be funded via Council’s Road Closure - Support budget and supported by SAPOL. Risk Management
The road closure is deemed necessary as a risk mitigation strategy to maintain the safety of participants and the general public. COMMUNITY CONSULTATION
The road closures will be advertised by the organisers in the media.
