Notice of Council Meeting - City of Burnside
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Notice of Council Meeting NOTICE IS HEREBY GIVEN in accordance with Sections 83 and 87 of the Local Government Act 1999, that a meeting of the COUNCIL of the CITY OF BURNSIDE will be held in the Council Chambers, Civic Centre at 401 Greenhill Road, Tusmore on TUESDAY 9 April 2013 at 7.00 pm Paul Deb Chief Executive Officer 1
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Transcript of Notice of Council Meeting - City of Burnside
Notice of Council Meeting
NOTICE IS HEREBY GIVEN in accordance with Sections 83 and 87 of the Local Government Act 1999, that a meeting of the
COUNCIL
of the
CITY OF BURNSIDE
will be held in the Council Chambers, Civic Centre at 401 Greenhill Road, Tusmore
on
TUESDAY 9 April 2013 at 7.00 pm
Paul Deb Chief Executive Officer
1
2
If you would like to know about Council and Council Committee meeting procedures, please visit our website and type the following address: www.burnside.sa.gov.au/GOTO/MeetingPractice.
Council Meeting
Agenda
9 April 2013 at 7.00 pm Council Chamber, 401 Greenhill Road, Tusmore
Members: Mayor, David Parkin Councillors Bills, Capogreco, Cornish, Davey, Hasenohr, Lemon, Monceaux, Osterstock, Palk, Piggott, Pocock and Wilkins
1. Opening Prayer
2. Kaurna Acknowledgement
3. Apologies
4. Leave of Absence Nil
5. Confirmation of Minutes Recommendation That the Minutes of the meeting of Council held on 26 March 2013 be taken as read and confirmed.
6. Mayor’s Report
7. Reports of Delegates/Working Parties
8. Deputations Nil
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Council Agenda 9 April 2013
9. Petitions and Memorials Nil
10. Questions (without debate) on Notice 10.1 Meeting Procedure – Points of Order Councillor Osterstock asked the following questions on Notice: 1. What is a point of order and when can a point of order be called? 2. When a point of order is called, what is the procedure to be followed by a
meetings presiding member? 3. Does meeting procedure permit a point of order to be called in respect to
questions on notice?
11. Consideration of Motions of which Notice has been given 11.1 Order of Agenda p9 11.2 Motions on Notice p10 11.3 Burnside Retirement Services Incorporated p11 11.4 Inner Metropolitan Growth Development Plan Amendment (DPA) p12 11.5 War Memorial Yearly Maintenance Schedule p16 11.6 Public Consultations to Include Stated Public Available Options to
Formally Accept/Reject a proposal p17 11.7 Mayoral Meetings p18 11.8 Public Disclosure of Risk p19
12. Questions (without debate) of which Notice has not been given
13. Consideration of Motions of which Notice has not been given Reports of Officers
Items where there is no discussion to be had, are voted on individually at the beginning of this section of the Agenda, then all other items are debated and voted on individually. 14.1 CEO Report – March 2013 p21
Attachment A p24 Attachment B p25 Attachment C p26
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Council Agenda 9 April 2013
14.2 Swimming Centre Report p33
Attachments provided under separate cover
14.3 Burnside War Memorial Hospital Incorporated Board Appointments p55 Attachment A p58 Attachment B p63
14.4 Call for Notices of Motion for 2013 National General Assembly of Local
Government p65 Attachment A p67
14.5 Minutes of Audit Committee – 3 April 2013 p81
Attachment A p82 14.6 Control and Regulation of Signage p85 14.7 Draft Public Consultation Policy – Consultation Results p93
Attachment A p96 Attachment B p97 Attachment C p98 Attachment D p101 Attachment E p109
14.8 Proposed Easement – 592 Greenhill Road, Beaumont p117 Attachment A p120
14. Subsidiaries and Regional Subsidiaries 15.1 Eastern Waste Management Authority
Nil
15.2 Eastern Health Authority Nil
15.3 Highbury Landfill Authority Board Meeting Agenda and Minutes – 14 March 2013 p121
15. Council Correspondence
Nil
16. Other Business 1. Items which must be dealt with as a matter of urgency. 2. Matters of special interest which Members wish to draw to the attention of the
Chamber. 3. Application for Leave of Absence.
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Council Agenda 9 April 2013
17. Confidential Items
17.1 Review of Confidential Items – Foothills Water Company Pty Ltd p181
Attachment A p184 Attachment B p190 Attachment C p199 Attachment D p207
That pursuant to Section 90(2) of the Local Government Act, 1999 the Council orders that all members of the public, except the Elected Members of the City of Burnside, the Chief Executive Officer, the General Manager, Corporate Services, the General Manager, Urban Services , the General Manager, Community and Development Services, Manager Engineering Services and the Executive Officer , be excluded from attendance at the meeting for Agenda Item 18.1 Review of Confidential Items – Foothills Water Company Pty Ltd and that the Council is satisfied that the principle that the meeting should be conducted in a place open to the public has been outweighed in relation to this matter because it relates to litigation involving the Council, without losing its element of confidentiality.
The Council is satisfied that in all of these circumstances the principle that the meeting be conducted in a place open to the public has been outweighed by the need for confidentiality.
17.2 Whitbread Grove, Skye – Proposed Land Sale p211
Attachment A p215 Attachment B p216
That pursuant to Section 90(2) of the Local Government Act, 1999 the Council orders that all members of the public, except the Elected Members of the City of Burnside, the Chief Executive Officer, the General Manager, Corporate Services, the General Manager Urban Services, the General Manager, Community and Development Services, Manager Engineering Services and the Executive Officer, be excluded from attendance at the meeting for Agenda Item 18.2 Whitbread Grove, Skye – Proposed Land Sale. The Council is satisfied that pursuant to section 90(3)(a) of the Act, the information to be received, discussed or considered will involve the unreasonable disclosure of information concerning the personal affairs of one or more of the Applicants because the matter concerns a potential financial transaction; and pursuant to section 90(3)(b) of the Act, the information to be received, discussed or considered is information the disclosure of which could reasonably be expected to confer a commercial advantage on a person with whom the Council is conducting business, or proposing to conduct business, or would prejudice the commercial position of the Council. In addition, the disclosure of this information would, on balance, be contrary to the public interest. The Council is satisfied that in all of these circumstances the principle that the meeting be conducted in a place open to the public has been outweighed by the need for confidentiality.
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Council Agenda 9 April 2013
17.3 Waterfall Gully Road Encroachment p217
Attachment A p224 Attachment B p225 Attachment C p227 Attachment D p228 Attachment E p232 Attachment F p236 Attachment G p259 Attachment H p262 That pursuant to Section 90(2) of the Local Government Act, 1999 the Council orders that all members of the public, except the Elected Members of the City of Burnside, the Chief Executive Officer, the General Manager, Corporate Services, the General Manager Urban Services, the General Manager, Community and Development Services, Manager Engineering Services and the Executive Officer, be excluded from attendance at the meeting for Agenda Item 18.3 Waterfall Gully Road Encroachment. The Council is satisfied that pursuant to section 90(3)(a) of the Act, the information to be received, discussed or considered will involve the unreasonable disclosure of information concerning the personal affairs of one or more of the Applicants because the matter concerns a potential financial transaction; and pursuant to section 90(3)(b) of the Act, the information to be received, discussed or considered is information the disclosure of which could reasonably be expected to confer a commercial advantage on a person with whom the Council is conducting business, or proposing to conduct business, or would prejudice the commercial position of the Council. In addition, the disclosure of this information would, on balance, be contrary to the public interest. The Council is satisfied that in all of these circumstances the principle that the meeting be conducted in a place open to the public has been outweighed by the need for confidentiality.
18. Closure
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Bortoluzzi
blank
Meeting Agenda Item 11.1 9 April 2013
Item No: 11.1 To: Council Date: 9 April 2013 Submitted by: Councillor Palk Subject: ORDER OF AGENDA Attachments: Nil
Motion of Which Notice has been Given
Pursuant to Regulation 13(2) of the Local Government (Procedures at Meetings) Regulations, 2000, the following Notice of Motion has been submitted by Councillor Palk. That the template for Council meeting agendas be reviewed and appropriate changes made and that input be invited from elected members prior to a report to Council being prepared.
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Bortoluzzi
blank
Meeting Agenda Item 11.2 9 April 2013
Item No: 11.2 To: Council Date: 9 April 2013 Submitted by: Councillor Osterstock Subject: MOTIONS ON NOTICE Attachments: Nil
Motion of Which Notice has been Given
Pursuant to Regulation 13(2) of the Local Government (Procedures at Meetings) Regulations, 2000, the following Notice of Motion has been submitted by Councillor Osterstock.
1. That the Chief Executive Officer, on behalf of Council, seeks advice as to whether there are any issues or potential consequences for Council involving motions on notice (by members), in so far as the substance of the motion comprises legal analysis and advice, including, yet not limited to, comment, opinion, conclusions drawn and recommendations for action.
2. That once this advice has been received that this be the subject of a report to Council including any recommendations.
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Meeting Agenda Item 11.3 9 April 2013
Item No: 11.3 To: Council Date: 9 April 2013 Submitted by: Councillor Palk Subject: BURNSIDE RETIREMENT SERVICES INCORPORATED Attachments: Nil
Motion of Which Notice has been Given
Pursuant to Regulation 13(2) of the Local Government (Procedures at Meetings) Regulations, 2000, the following Notice of Motion has been submitted by Councillor Palk. 1. That paragraphs 2, 3 and 4 of Resolution C9100 (including subparagraphs) are revoked. 2. That the Hon. John Darley MLC, Mr John Attwood and Ms Jenny Low be thanked for their past contribution to Burnside Retirement Services Inc. 3. That this matter be otherwise adjourned for further consideration by Council at its meeting on 28 May 2013. 4. That the Board of BRSI be informed of this resolution by the CEO and that the amended adjourned date be brought to its attention.
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Meeting Agenda Item 11.4 9 April 2013
Item No: 11.4 To: Council Date: 9 April 2013 Submitted by: Councillor Lemon Subject: INNER METROPOLITAN GROWTH DEVELOPMENT PLAN
AMENDMENT (DPA). Attachments: A. Draft letter to Minister for Planning the Hon John Rau
Motion of Which Notice has been Given
Pursuant to Regulation 13(2) of the Local Government (Procedures at Meetings) Regulations, 2000, the following Notice of Motion has been submitted by Councillor Lemon. 1. That Council endorse the attached draft letter. 2. That the letter be dated 10 April 2013 and sent by the Mayor to the Minister for
Planning, the Hon John Rau, on behalf of Elected Members.
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Dear Minister I write on behalf of the Elected Members of the Burnside Council in response to your recent Ministerial DPA regarding the Inner Metropolitan Growth Development Plan Amendment (DPA). We, as the Elected member body, believe it would be remiss if we did not take the opportunity to inform you, as Minister for Planning, of some of the broader issues raised by our ratepayers with respect to your DPA. Our residents have told us that they are opposed to the scale of the development proposed. These opinions come not just from those immediately affected in the suburbs of Eastwood, Rose Park, Glenside and Dulwich, but also from those further afield who are fearful of further intrusions given this DPA appears to be one of the first stages of a 30 year Plan for Greater Adelaide. Our residents are also mindful that urban sprawl to the north and south must be contained and have stated that they are willing to accommodate their share of the extra projected population. What they are asking for is genuine consultation so they can have a say in how this might impact on their streets and neighbourhoods.
People in the suburbs affected have talked about three major concerns. One is parking, another traffic congestion and yet another inadequate public transport system currently on offer. Parking has been an ongoing problem in the suburbs ringing the parklands. In Dulwich and Eastwood the businesses fronting Greenhill and Fullarton Roads, have, by and large, spillover parking into residential areas. In Eastwood this is exacerbated by the fact that many of the heritage properties that exist in this suburb do not have car parking, meaning residents rely on the street to park their cars. As well, in Eastwood most of the roads are narrow by suburban standards. In recent times these problems have been added to by an increase in people who park in the affected suburbs and either ride, walk or catch a bus into the CBD. The extent of parking required for new developments for this proposed DPA is considerably less than current standards and this has been noted by our residents who are fundamentally opposed to any concessions for parking. Traffic congestion is currently a major issue for the City of Burnside. In terms of the arterial roads through Burnside, all roads lead to the CBD. Of great concern is the apparent lack of congruence between the State infrastructure Plan with respect to road infrastructure, and your proposed DPA. This is of particular concern if we take into account the proposed development in Mount Barker as well as your government’s recent announcement to increase the number of people working in the CBD.
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Although we acknowledge that the proposed levy on car parks in the CBD may limit the attractiveness of driving to work every day because of the cost of parking, we would also point out that it is a brave politician who comes between an Australian and his car. We believe that people will continue to own and use cars for all sorts of reasons including commuting to the workplace. In terms of public transport, the current system servicing the Eastern Inner Rim will require substantial upgrading to make it an attractive option to driving. Convenience, accessibility and frequency all need to be addressed and there appear to be no plans in place to investigate these issues or implement any remedial action to what is currently a less than adequate service. Residents have also pointed out that there is scant acknowledgement in your Ministerial DPA to the fact that Eastwood is a heritage conservation zone. The proposal has its focus onto the parklands ignoring the suburbs behind. This apparent indifference to established suburbs, especially Eastwood but also Dulwich and Rose Park, is a weakness in your DPA and one that should be addressed. We would point out that there has been a lot of disquiet about your government’s relationship with developers. None of the incentives proposed in your DPA are supported by our residents. They see these as concessions to developers and have no faith that the principles of good design will be given any attention in the rush to maximize profit. The DPA does not address any of the principles put forward by the former Commissioner for Integrated Design nor does it include any design parameters to ensure new developments will be an attractive addition to ours streetscapes. The process of deputation to the Development Plan Advisory Committee raised issues as well as eyebrows. The process for Burnside and Prospect was seen as deeply flawed by participants. There was no record of proceedings, either recordings or minutes. We were told by the Committee that there is to be no public release of the findings and recommendations of the Committee, even after they have made their recommendations to you. The Committee comprises nine people, of whom only four were present on the night of the Burnside and Prospect representations. We understand that Members of the Committee are remunerated for their work which means they are paid by the taxpayer, and yet they are not accountable to the people of South Australia, apparently in any way at all. Participants saw the process as creating unnecessary secrecy that contradicts the Premier’s stated philosophy of ‘debate and decide’. As a Council we understand the importance of transparency and accountability in the discharge of our duties to our ratepayers. We would ask the same of your government in matters of such interest to the people of South Australia. Burnside is populated by solid, middle class people. We make no apology for this, and nor should we. Our people are well educated, engaged and involved in their communities. They
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have worked hard for their lifestyle and for their homes and take great pride in both. This is evident in every street in every suburb and we consider ourselves privileged to be representing a group of people who make a contribution, often outstanding, to the prosperity and wellbeing of the State. Yours sincerely David Parkin MAYOR
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Meeting Agenda Item 11.5 9 April 2013
Item No: 11.5 To: Council Date: 9 April 2013 Submitted by: Councillor Hasenohr Subject: WAR MEMORIAL YEARLY MAINTENANCE SCHEDULE. Attachments: Nil
Motion of Which Notice has been Given
Pursuant to Regulation 13(2) of the Local Government (Procedures at Meetings) Regulations, 2000, the following Notice of Motion has been submitted by Councillor Hasenohr. That the electrical lighting system of and adjacent to the war memorial on Alexandra Ave. Rose Park be fully operational for the dawn service on ANZAC Day each year. That this maintenance/repair be scheduled for each individual year on a date preceding the event going forward.
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Meeting Agenda Item 11.6 9 April 2013
Item No: 11.6 To: Council Date: 9 April 2013 Submitted by: Councillor Hasenohr Subject: PUBLIC CONSULTATIONS TO INCLUDE STATED PUBLIC
AVAILABLE OPTIONS TO FORMALLY ACCEPT/REJECT A PROPOSAL
Attachments: Nil
Motion of Which Notice has been Given
Pursuant to Regulation 13(2) of the Local Government (Procedures at Meetings) Regulations, 2000, the following Notice of Motion has been submitted by Councillor Hasenohr. That the public consultation process for Alexandra Ave. Super Bike Lane will include options allowing residents to formally accept or reject the Council proposal. Meaning that residents that are surveyed can if they so wish express a choice not to have this project continue. That an officially recorded option as a part of the consultation process is made available for residents to select options to: 1. NOT approve the project in its entirety as their preferred option. 2. NOT approve the project in their street as their preferred option. 3. RETAIN existing bicycle routes unaltered as their preferred option.
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Meeting Agenda Item 11.7 9 April 2013
Item No: 11.7 To: Council Date: 9 April 2013 Submitted by: Councillor Hasenohr Subject: MAYORAL MEETINGS Attachments: Nil
Motion of Which Notice has been Given
Pursuant to Regulation 13(2) of the Local Government (Procedures at Meetings) Regulations, 2000, the following Notice of Motion has been submitted by Councillor Hasenohr. That the Mayor provide a detailed report referring to all meetings, arrangements and agreements he has had with public or private stakeholders pertaining to the implementation of the Alexandra Ave. Super Bike Lane and make this report publically available within 7 days. Similarly, that the full reports, findings, advisories and identities of any advisory groups and consultant(s) be made publically available and that those details to be fully announced and made readily available to the public in all consultation processes.
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Meeting Agenda Item 11.8 9 April 2013
Item No: 11.8 To: Council Date: 9 April 2013 Submitted by: Councillor Hasenohr Subject: PUBLIC DISCLOSURE OF RISK Attachments: Nil
Motion of Which Notice has been Given
Pursuant to Regulation 13(2) of the Local Government (Procedures at Meetings) Regulations, 2000, the following Notice of Motion has been submitted by Councillor Hasenohr. That council be provided with a report on the potential exposures to public liability of both residents and council under the Australian Road Rules should an accident occur between a vehicle and child or person travelling on a shared footpath/bike lane/driveway crossover and that the report address, amongst other matters identified by the Administration as being pertinent to its purposes, the following: 1. An accident involving a person/cyclist colliding with a car. 2. An accident involving a vehicle colliding with a person/cyclist. 3. What road rules apply individually to pedestrians, cyclists and drivers occupying shared cycle lane/footpaths. 4. What provisions has council made in the budget to provide funded safety mirror installations (100+) to all residents whose driveways constitute a blind intersection at the driveway crossover/cycle lane intersections? 5. What provision has council made to either require residents to remove fences, trees and/or any visual obstructions to improve safety of cyclists using the shared footpath/cycle lanes.
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Council Agenda Item 14.1 9 April 2013
Item No: 14.1 To: Council Date: 9 April 2013 Author: Paul Deb – Chief Executive Officer Contact: 8366 4201 Subject: CEO REPORT – MARCH 2013 Attachments: A. March 2013 Finance Report
B. March 2013 Capital Reserves Transaction Summary C. Reports Outstanding List
Prev. Resolution: C7319, 16/9/08
Officer’s Recommendation
That the Report be received.
Purpose
1. To provide Council with a monthly report of key activities and issues, aligned to Council’s Strategic Plan ‘Be the Future of Burnside’.
2. To provide Council with a monthly report on the financial position of the organisation.
3. To provide Council with a list of reports that have been requested by Elected Members and the status of those reports.
Strategic Plan
4. The following Strategic Plan provision is relevant:
“Delivery of good governance in Council business”
“A financially sound Council that is accountable, responsible and sustainable”
“An empowered Council and Administration that is visionary and innovative in meeting community needs”
Communications/Consultation
5. Communication has been undertaken with internal and with external organisations as described in the body of the report.
Statutory
6. The following legislation is relevant in this instance:
Local Government Act, 1999
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Council Agenda Item 14.1 9 April 2013
Policy
7. There are no policy implications with the recommendation.
Risk Assessment
8. There are no risks associated with the recommendation.
Finance
9. The March 2013 Finance report is provided in Attachment A.
10. The Monthly Finance Report for March 2013 has been updated with the adjustments following the midyear budget review and shows that Council is tracking towards a small net operating deficit. The Administration will continue to endeavour to make savings and is confident that the organisation can achieve a net operating surplus by the end of the financial year.
11. The Capital Reserves Transaction Summary is provided in Attachment B and the balance of the Capital Reserves at 31 March 2013 remains at $2,399,591, with no movement from the 28 February 2013 figure.
12. The focus of the Administration coming into the final quarter of the financial year is to ensure all capital projects are completed on time and within budget. A third quarter budget review will be presented to Council detailing any budget adjustments required.
Discussion
13. The following activities, aligned to Vision 2020, have been undertaken by the CEO during March 2013.
VISION 2020 ACTIVITY / MEETING
KEY ISSUES OUTCOMES
Environment: Our protected and valued environment
Highbury Landfill Authority Board Meeting
Highbury Landfill
The CEO attended the Highbury Landfill Authority quarterly Board meeting. The Agenda and Minutes are included in the Regional Subsidiary section of the Agenda.
Inner Metropolitan Growth DPA Submission to the Development Plan Advisory Committee
Inner Metropolitan Growth DPA
The CEO attended the public meeting convened by the Development Plan Advisory Committee to hear verbal submissions relating to the Inner Metropolitan Growth DPA
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Council Agenda Item 14.1 9 April 2013
Other: Our leading, inclusive and connected Council
Communication with Elected Members
Workshops The CEO and senior staff hosted the following Elected Member Workshops / Briefings / Training in March 2013:
2013/14 Annual Business Plan
Reports Outstanding List
14. The Reports Outstanding List is contained in Attachment C.
15. As at the conclusion of the Council / Committee meeting held on 26 March 2013, there are 44 reports outstanding (41 at the end of February 2013). Of the 44 reports, seven will be presented in April 2013 and nine in May 2013. The balance will be presented as indicated in Attachment C.
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CITY OF BURNSIDEMONTHLY FINANCE REPORTAS AT 31 MARCH 2013FOR THE YEAR ENDING 30 JUNE 2013 2012/13
2012/13 Approved 2012/13 2012/13Adopted Variations Revised 2012/13 ActualBudget to Budget Budget Forecast Result
Full Year Full Year Full Year Full Year Year to Date$'000 $'000 $'000 $'000 $'000
Note 1 2OPERATING ACTIVITIES:
Operating Income 37,679 44 37,723 37,723 36,374 Less: Operating Expenses 38,572 164 38,736 38,736 27,723 Operating Surplus / (Deficit) (a) (893) (120) (1,013) (1,013) 8,651
CAPITAL ACTIVITIES:
Net Outlays on Existing AssetsCapital Expenditure on Renewal and Replacementof Existing Assets 7,900 363 8,263 8,263 3,078 Less: Depreciation, Amortisation & Impairment 8,800 - 8,800 8,800 5,895 Less: Proceeds from Sale of Replaced Assets (24) 36 12 12 13 Net Outlays on Existing Assets (b) (876) 327 (549) (549) (2,830)
Net Outlays on New and Upgraded AssetsCapital Expenditure on New and Upgraded Assets 5,550 (212) 5,338 5,338 3,720 Less: Amounts Received Specifically for New andUpgraded Assets 208 767 975 975 942 Less: Proceeds from Sale of Surplus Assets - - - - - Net Outlays on New and Upgraded Assets (c) 5,342 (979) 4,363 4,363 2,778
Capital Reserves (d) 3 4,789 (2,789) 2,000 2,000 2,400
Net Lending / (Borrowing) for the Financial Year(a)-(b)-(c)+(d) (570) (2,257) (2,827) (2,827) 11,103
Statement of Comprehensive Income - Net Operating Surplus / (Deficit) 4 (709) 683 (26) (26) 9,606
Snapshot
On track to meet adopted budget
On track debt recovery
On track cash flow
On track for Net Operating Surplus
Notes
1. Adjustments have been made to the original budget to reflect the Q1 & Q2 Budget Reviews and are includedin the Revised Budget for 2012/13.
2. The forecast result for 2012/13 shows a Net Operating Deficit of $26k.3. The Capital Reserves amount as at 31 March 2013 is $2,400k (Attachment B).4. The large actual Net Operating Surplus of $9.606m is due mainly to the generation of the annual rates in July 2012.
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Biskup
Attachment A
CAPITAL RESERVES TRANSACTION SUMMARY
as at 31 March 2013
Transaction Description Amount Comment
Initial Opening Balance 5,000,000 Land Sale & Purchase Contract Tax Invoice 82808 25/10/2006
Add : Interest earned 2007-08 366,176 InvestmentsAdd : Interest earned 2008-09 283,425 InvestmentsAdd : Interest earned 2009-10 250,531 InvestmentsAdd : Interest earned 2010-11 348,539 InvestmentsAdd : Interest earned 2011-12 252,534 Investments (interest to 13/03/2012)
Less : Hockey Pitch Feasibility Study (19,800) Council Resolution (S7327, 20/4/10)Less : Glenunga Hub Feasibility Study, demolition of the Progress Association Hall, Change Rooms and Public Toilet, ongoing payment of temporary facilities awaiting construction.
(252,501) Council Resolution (CS1737, 18/5/10)Council Resolution (C7901, 15/6/10)Council Resolution (C7904, 15/6/10)
Capital Reserve Balance as at 30 June 2012 6,228,905
Less : Capital Expenditure - July (761,425) Various Supplier PaymentsLess : Capital Expenditure - July (923,536) Mastec Australia Pty LtdLess : Capital Expenditure - August (210,899) Various Supplier PaymentsLess : Capital Expenditure - October (923,536) Mastec Australia Pty LtdLess : Capital Expenditure - December (995,064) Mastec Australia Pty Ltd (final payments)Less : Glenunga Hub - hire of temporary facilities (14,853) For 2012-13 (to 31 January 2013)
Capital Reserve Balance as at 31 March 2013 2,399,591 GL Control Account 001.238
Capital Reserve - interest earned but not capitalised 108,485 Retained as operating revenue
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Biskup
Attachment B
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Op
en S
pac
e an
d P
rop
erty
Acq
uis
itio
n P
lan
(S
7296
) –
Tha
t a
Rep
ort
be b
roug
ht b
ack
to
Cou
ncil
on a
dra
ft O
pen
Spa
ce a
nd P
rope
rty
Acq
uisi
tion
Pla
n, u
pon
the
com
plet
ion
and
adop
tion
of th
e P
rope
rty
Str
ateg
y.
GM
US
S
ept 2
012
RE
VIS
ED
D
AT
E:
MA
Y 2
013
Rep
ort t
o C
ounc
il in
May
20
13.
5.
20/1
0/09
S
ite
Co
nta
min
atio
n L
egis
lati
on
Up
dat
e (S
7299
) –
Tha
t the
Adm
inis
trat
ion
prov
ide
GM
US
T
BA
S
copi
ng r
epor
t cur
rent
ly
26
Biskup
Attachment C
NO
M
TG
D
AT
E
SU
BJE
CT
O
FF
ICE
R
DU
E
DA
TE
S
TA
TU
S
Cou
ncil
with
a s
copi
ng r
epor
t id
entif
ying
site
s pr
evio
usly
or
curr
ently
ow
ned
by C
ounc
il th
at
are
know
n to
hav
e ha
d ac
tiviti
es th
at a
re li
sted
in S
ched
ule
1 of
the
Env
ironm
ent
Pro
tect
ion
(Site
Con
tam
inat
ion)
Reg
ulat
ions
200
8.
RE
VIS
ED
D
AT
E:
JUN
201
3
bein
g pr
epar
ed. R
epor
t to
Cou
ncil
in J
une
2013
.
6.
21/0
9/10
N
amin
g o
f C
om
mu
nit
y G
ard
en, L
ind
en P
ark
(C80
04)
GM
US
T
BA
O
n ho
ld s
ubje
ct to
C
ounc
il co
nsid
erat
ion
and
dete
rmin
atio
n of
the
Con
yngh
am S
tree
t D
epot
Mas
ter
Pla
n.
7.
22/0
3/11
C
on
yng
ham
Str
eet
Dep
ot
(PH
I002
3) –
Tha
t a
Rep
ort o
n O
ptio
ns 2
c an
d 2e
be
pres
ente
d to
the
Pla
nnin
g, H
erita
ge a
nd In
fras
truc
ture
Com
mitt
ee in
clud
ing
up to
dat
e co
stin
gs, a
P
lan
and
timef
ram
es a
nd th
at th
e cu
rren
t wor
k at
the
Laur
el A
venu
e N
urse
ry a
nd
Com
mun
ity G
arde
n be
put
on
hold
pen
ding
the
Rep
ort t
o th
e C
omm
ittee
.
CE
O
Oct
201
2 R
EV
ISE
D
DA
TE
: A
UG
201
3
EM
Wor
ksho
p he
ld in
Ju
ne 2
012.
Rep
ort t
o C
ounc
il in
Aug
ust
2013
.
8.
28/0
6/11
W
hea
l Wat
kin
s M
ine
Reh
abili
tati
on
(P
HI0
048)
– T
hat t
he m
atte
r be
pre
sent
ed to
the
Pla
nnin
g, H
erita
ge a
nd In
fras
truc
ture
Com
mitt
ee o
nce
feed
back
is r
ecei
ved
from
the
Bur
nsid
e H
isto
rical
Soc
iety
.
GM
US
Ju
n 20
13
Var
ious
mee
tings
with
B
urns
ide
His
toric
al
Soc
iety
(B
HS
) ha
ve b
een
held
. Req
uire
s fu
rthe
r m
eetin
g w
ith B
urns
ide
His
toric
al s
ocie
ty p
rior
to
final
isat
ion.
Mat
ter
was
co
nsid
ered
by
Cou
ncil
on
26 F
ebru
ary
2013
. No
deci
sion
was
mad
e by
C
ounc
il. T
he
Adm
inis
trat
ion
has
met
w
ith th
e B
HS
to
dete
rmin
e ne
xt s
teps
. 9.
27
/09/
11
Urb
an T
ree
Am
enit
y V
alu
atio
n (
PH
I007
2) –
Tha
t a R
epor
t be
pres
ente
d to
Cou
ncil
with
a
met
hodo
logy
and
pla
n to
impl
emen
t the
‘Tre
e A
men
ity V
alua
tion’
with
in e
xist
ing
prov
isio
ns
and
pow
ers
unde
r S
ectio
n 24
5A o
f the
Loc
al G
over
nmen
t Act
, 199
9.
GM
US
M
ay 2
013
RE
VIS
ED
D
AT
E:
JUN
201
3
To
be in
corp
orat
ed in
to
the
revi
ew o
f the
Tre
e M
anag
emen
t Str
ateg
y.
10.
13/1
2/11
C
om
mu
nit
y T
ran
spo
rt P
rog
ram
Do
or
to D
oo
r C
ar S
ervi
ce (
CC
S00
57)
– T
hat a
fter
2 ye
ars
of r
unni
ng th
e D
oor
to D
oor
Car
Ser
vice
, tha
t a R
epor
t be
pres
ente
d to
the
Com
mun
ity, D
evel
opm
ent a
nd H
erita
ge C
omm
ittee
det
ailin
g th
e su
cces
s of
the
prog
ram
an
d to
det
erm
ine
the
ongo
ing
com
mitm
ent t
o th
e pr
ogra
m.
GM
CD
S
Dec
201
4 O
n tr
ack.
11.
27/0
3/12
E
ntr
y to
Bu
rnsi
de
Sw
imm
ing
Po
ol (
C86
25)
– T
hat a
Rep
ort b
e pr
esen
ted
to th
e C
ounc
il G
MU
S
Mar
ch
To
be c
onsi
dere
d as
par
t
27
NO
M
TG
D
AT
E
SU
BJE
CT
O
FF
ICE
R
DU
E
DA
TE
S
TA
TU
S
12/1
3 bu
dget
pro
cess
, to
revi
ew th
e en
try
fees
and
the
free
ent
ry p
roce
ss o
f Ele
cted
M
embe
rs a
nd s
taff
to th
e B
urns
ide
Sw
imm
ing
Poo
l.
2013
R
EV
ISE
D
DA
TE
: M
AY
201
3
of th
e S
wim
min
g C
entr
e en
d of
sea
son
repo
rt.
12.
10/0
4/12
D
ulw
ich
Co
mm
un
ity
Cen
tre
(C86
39)
– T
hat a
rep
ort b
e pr
ovid
ed to
Cou
ncil
in r
elat
ion
to
the
Dul
wic
h C
omm
unity
Cen
tre
site
, add
ress
ing
the
follo
win
g:
T
he h
isto
ry o
f the
acq
uisi
tion
of th
e si
te.
W
heth
er C
ounc
il is
bou
nd b
y an
y ob
ligat
ions
aris
ing
out
of t
he c
ircum
stan
ces
in
whi
ch it
bec
ame
the
regi
ster
ed p
ropr
ieto
r of
the
land
.
The
use
pre
sent
ly b
eing
mad
e of
the
site
.
The
sta
te o
f th
e bu
ildin
gs o
n th
e la
nd.
T
he v
iew
s of
the
pre
sent
ten
ants
/lice
ncee
s an
d us
ers
as t
o th
e re
tent
ion
or
othe
rwis
e of
the
site
.
CE
O
Sep
t 201
2 R
EV
ISE
D
DA
TE
: M
AY
201
3
Thi
s re
port
will
be
pres
ente
d in
May
201
3.
13.
24/0
4/12
C
on
tro
l an
d R
egu
lati
on
of
Sig
nag
e (C
DH
0014
) –
Tha
t a r
evie
w o
f com
plia
nce
activ
ities
is
unde
rtak
en in
12
mon
ths.
G
MC
DS
A
pr 2
013
On
trac
k.
14.
26/0
6/12
P
layg
rou
nd
s (C
8760
) –
1.
T
hat
cons
ider
atio
n be
giv
en t
o in
trod
ucin
g a
clas
sific
atio
n fo
r pl
aygr
ound
s, t
o id
entif
y w
hich
pla
ygro
unds
are
inte
nded
for
use
by w
hat p
artic
ular
age
gro
ups;
2 If
intr
oduc
ed,
this
info
rmat
ion
be in
clud
ed in
doc
umen
ts a
nd e
lect
roni
c m
edia
for
pu
blic
con
sum
ptio
n an
d as
sist
ance
;
3.
If in
trod
uced
, the
Pla
ygro
und
Str
ateg
y be
upd
ated
and
thos
e pa
ram
eter
s in
form
and
be
ref
lect
ed in
all
Adm
inis
trat
ion
repo
rts
in r
elat
ion
to p
layg
roun
ds;
4.
If in
trod
uced
, a d
raft
polic
y th
at in
clud
es th
ese
para
met
ers
be b
roug
ht to
Cou
ncil
for
cons
ider
atio
n.
GM
US
Ju
ly 2
013
The
rev
iew
of t
he
Pla
ygro
und
Str
ateg
y w
ill
be c
onsi
dere
d as
par
t of
th
e S
port
s &
Rec
reat
ion
Str
ateg
y.
15.
14/8
/12
Res
ult
s o
f C
om
mu
nit
y C
on
sult
atio
n –
New
lan
d P
ark
Tem
po
rary
Ho
me
Ru
n F
ence
(I
E00
36)
– T
hat
Cou
ncil
wor
k w
ith t
he K
ensi
ngto
n B
aseb
all C
lub
and
neig
hbou
ring
resi
dent
s an
d bu
sine
sses
to
esta
blis
h th
e sc
ale
of t
he is
sue
of b
aseb
alls
bei
ng h
it be
yond
th
e bo
unda
ry o
f Bill
Coo
per
Ova
l and
, if c
onsi
dere
d ne
cess
ary,
initi
ativ
es to
add
ress
it. A
re
port
mus
t be
prov
ided
to C
ounc
il pr
ior
to th
e gr
antin
g of
the
perm
it fo
r 20
13/2
014
seas
on.
GM
US
M
ay 2
013
On
trac
k.
16.
9/10
/12
Res
po
nse
to
Dep
artm
ent
of
Pla
nn
ing
, Tra
nsp
ort
an
d In
fras
tru
ctu
re –
Op
tim
isin
g O
ur
GM
US
T
BA
A
wai
ting
resp
onse
from
28
NO
M
TG
D
AT
E
SU
BJE
CT
O
FF
ICE
R
DU
E
DA
TE
S
TA
TU
S
Tra
nsp
ort
Co
rrid
ors
(IE
0047
) –
Tha
t the
Dep
artm
ent o
f Pla
nnin
g, T
rans
port
, and
In
fras
truc
ture
be
advi
sed
that
Cou
ncil
cons
ider
s th
at th
e D
epar
tmen
t has
om
itted
the
sect
ion
of G
reen
hill
Roa
d fr
om G
lynb
urn
Roa
d to
Por
trus
h R
oad
from
the
Pea
k H
our
Rou
tes
func
tiona
l hie
rarc
hy a
nd t
hat
it sh
ould
be
incl
uded
.
DP
TI.
Mat
ter
is b
eing
fo
llow
ed u
p.
17.
23/1
0/12
D
raft
Gle
nu
ng
a C
om
mu
nit
y H
ub
Pre
cin
ct M
aste
r P
lan
– C
on
sult
atio
n (
C89
09)
– T
hat
the
Con
sulta
tion
perio
d be
ope
n be
twee
n M
onda
y 5
Nov
embe
r 20
12 a
nd
Frid
ay 3
0 N
ovem
ber
2012
, and
that
the
resu
lts o
f the
con
sulta
tion
be p
rese
nted
at
a m
eetin
g of
Cou
ncil
in e
arly
201
3 w
ith r
ecom
men
datio
ns o
n th
e pr
ogre
ssio
n of
the
G
lenu
nga
Com
mun
ity H
ub M
aste
r P
lan
Opt
ions
.
SP
O
Apr
201
3 O
n tr
ack.
18.
23/1
0/12
B
urn
sid
e S
wim
min
g C
entr
e R
edev
elo
pm
ent
Co
nce
pts
– C
on
sult
atio
n (
C89
10)
– T
hat
the
Con
sulta
tion
perio
d be
ope
n be
twee
n M
onda
y 5
Nov
embe
r 20
12 a
nd
Frid
ay 3
0 N
ovem
ber
2012
, and
that
the
resu
lts o
f the
con
sulta
tion
be p
rese
nted
at a
m
eetin
g of
Cou
ncil
in e
arly
201
3 w
ith r
ecom
men
datio
ns o
n th
e pr
ogre
ssio
n of
the
B
urns
ide
Sw
imm
ing
Cen
tre
Red
evel
opm
ent O
ptio
ns.
SP
O
Apr
201
3 O
n tr
ack.
19.
13/1
1/12
W
H H
olm
es R
eser
ve E
ncr
oac
hm
ents
(IE
0051
) –
Sho
uld
the
owne
rs o
f 12,
12A
, 14
& 1
6 T
aylo
r T
erra
ce, R
ossl
yn P
ark
agre
e to
pur
chas
e th
e re
spec
tive
port
ions
of C
omm
unity
La
nd, t
hen
a R
epor
t on
the
agre
ed fa
ir va
lue
of th
e re
spec
tive
port
ions
of l
and
be
pres
ente
d to
Cou
ncil
for
endo
rsem
ent p
rior
to u
nder
taki
ng th
e re
voca
tion
of C
omm
unity
La
nd c
lass
ifica
tion
proc
ess
in o
rder
to
affe
ct t
he s
ales
.
GM
US
T
BA
R
EV
ISE
D
DA
TE
: A
UG
201
3
To
be c
onsi
dere
d by
C
ounc
il in
Aug
ust
2013
.
20.
13/1
1/12
M
agill
Sto
ne
Min
e E
ncr
oac
hm
ent
(IE
0053
) –
Sho
uld
the
owne
rs o
f 27
Coa
ch R
oad,
R
ossl
yn P
ark;
37
Wyf
ield
Str
eet,
Wat
tle P
ark;
and
55
Wyf
ield
Str
eet,
Wat
tle P
ark
agre
e to
pu
rcha
se t
he r
espe
ctiv
e po
rtio
ns o
f C
omm
unity
Lan
d, t
hen
a R
epor
t on
the
agr
eed
fair
valu
e of
the
resp
ectiv
e po
rtio
ns o
f lan
d be
pre
sent
ed to
Cou
ncil
for
endo
rsem
ent p
rior
to
unde
rtak
ing
the
revo
catio
n of
Com
mun
ity L
and
clas
sific
atio
n pr
oces
s in
ord
er to
aff
ect t
he
sale
s.
GM
US
T
BA
R
EV
ISE
D
DA
TE
: A
UG
201
3
To
be c
onsi
dere
d by
C
ounc
il in
Aug
ust
2013
.
21.
11/1
2/12
R
esp
on
se f
rom
Min
iste
r R
au o
n In
ner
Met
rop
olit
an G
row
th D
evel
op
men
t P
lan
A
men
dm
ent
(C89
69)
– T
hat t
he C
EO
ref
er th
e m
atte
r to
the
Om
buds
man
for
inve
stig
atio
n.
CE
O
TB
A
Aw
aitin
g re
spon
se fr
om
the
Om
buds
man
.
22.
29/1
/13
Vic
tori
a P
ark
Mas
ter
Pla
n (
C89
93)
– T
hat t
he C
EO
writ
e to
the
CE
O o
f the
City
of
Ade
laid
e re
ques
ting
an u
pdat
e on
the
rede
velo
pmen
t and
impl
emen
tatio
n of
the
mas
ter
plan
of
Vic
toria
Par
k.
CE
O
TB
A
Lett
er s
ent a
nd a
wai
ting
resp
onse
.
23.
29/1
/13
An
nu
al C
om
mu
nit
y S
urv
ey –
Par
tici
pat
ion
of
No
n R
esid
ent
Rat
epay
ers
(C90
02)
–T
hat t
he C
EO
rep
ort t
o C
ounc
il on
the
mat
ter
in J
une
2013
.
CE
O
Jun
2013
O
n tr
ack.
24.
29/1
/13
ER
A A
qu
ifer
Sto
rag
e an
d R
ech
arg
e P
roje
ct (
C90
03)
– T
hat a
dra
ft C
hart
er o
f the
R
egio
nal S
ubsi
diar
y be
pre
pare
d fo
r th
e co
nsid
erat
ion
and
unan
imou
s ag
reem
ent o
f the
pa
rtic
ipat
ing
Cou
ncils
.
GM
US
Ju
n 20
13
A le
gal f
irm h
as b
een
en
gage
d an
d th
e C
hart
er
is c
urre
ntly
bei
ng d
rafte
d.
25.
29/1
/13
Pu
blic
Co
nsu
ltat
ion
Po
licy
(C90
06)
– T
hat t
he d
raft
Pub
lic C
onsu
ltatio
n P
olic
y be
en
dors
ed f
or p
ublic
con
sulta
tion
as r
equi
red
by s
ectio
n 50
of
the
Loca
l Gov
ernm
ent 1
999
. G
MC
DS
A
pr 2
013
Com
mun
ity C
onsu
ltatio
n en
ds o
n 15
Mar
ch 2
013
29
NO
M
TG
D
AT
E
SU
BJE
CT
O
FF
ICE
R
DU
E
DA
TE
S
TA
TU
S
with
the
repo
rt d
ue to
C
ounc
il in
Apr
il 20
13.
26.
29/1
/13
Ch
ang
es t
o D
evel
op
men
t A
sses
smen
t P
roce
sses
in S
ou
th A
ust
ralia
(C
9008
) –
Tha
t th
e C
EO
on
Cou
ncil’
s be
half
writ
es t
o th
e Le
ader
of
the
Sta
te O
ppos
ition
, th
e S
hado
w
Min
iste
r of
Pla
nnin
g, a
nd a
ll M
embe
rs o
f the
Upp
er H
ouse
, as
wel
l as
Mem
bers
for
Unl
ey,
Bra
gg, M
oria
lta a
nd H
artle
y ou
t lin
ing
Cou
ncil’
s co
ncer
ns in
rel
atio
n to
this
mat
ter,
en
clos
ing
a co
py o
f the
May
or’s
lette
r da
ted
26 O
ctob
er 2
012.
GM
CD
S
TB
A
Lett
er s
ent a
nd a
wai
ting
resp
onse
.
27.
12/2
/13
By
Law
s (C
9023
) –
Tha
t a R
epor
t be
brou
ght t
o C
ounc
il ea
ch q
uart
er, c
omm
enci
ng e
nd
of M
arch
201
3, c
over
ing
activ
ities
for
the
man
agem
ent
and
enfo
rcem
ent
of e
ach
of
Cou
ncil’
s B
y La
ws.
GM
CD
S
Jun
2013
O
n tr
ack.
28.
12/2
/13
Bu
rnsi
de
Vill
age
Riv
er R
ed G
um
(C
9030
) –
Tha
t the
CE
O w
rite
to B
urns
ide
Vill
age
Pty
Ltd
ask
ing
that
Cou
ncil
be p
rovi
ded
with
Dr
Bad
er’s
con
clus
ions
and
a c
opy
of a
ny
repo
rts
follo
win
g th
e in
spec
tion
sche
dule
d fo
r ea
rly F
ebru
ary
2013
.
GM
CD
S
RE
VIS
ED
D
AT
E:
AP
R 2
013
Res
pons
e to
lett
er to
be
pres
ente
d to
Cou
ncil
in
Apr
il 20
13.
29.
12/2
/13
Win
d T
urb
ines
– R
esp
on
se f
rom
DP
TI (
C90
31)
– A
wai
ting
resp
onse
. G
MC
DS
T
BA
Le
tter
sen
t and
aw
aitin
g re
spon
se.
30.
26/2
/13
Ren
tal S
yste
m f
or
Bo
llard
s (C
9040
) –
Tha
t the
Adm
inis
trat
ion
prep
are
a R
epor
t tha
t in
vest
igat
es th
e fe
asib
ility
of a
ren
tal s
yste
m fo
r sa
fety
bol
lard
s in
stal
led
in a
ssoc
iatio
n w
ith
the
alie
natio
n of
Cou
ncil
land
for
priv
ate
purp
oses
or
prof
it, s
uch
as u
nder
the
Out
door
D
inin
g P
erm
it sc
hem
e th
at in
clud
es:
1.
1 C
osts
, be
nefit
s an
d ris
k is
sues
to
Cou
ncil
of s
uch
a sc
hem
e, in
clud
ing
inst
alla
tion,
mai
nten
ance
and
dep
reci
atio
n;
1.2
Pol
icy
chan
ges
that
wou
ld b
e re
quire
d to
adm
inis
ter
and
enfo
rce
such
as
sche
me;
and
1.3
Pro
pose
d co
sts
to v
endo
rs o
f su
ch a
ren
tal s
yste
m (
ackn
owle
dgin
g th
at c
osts
w
ill c
hang
e ov
er ti
me)
sho
uld
Cou
ncil
deci
de to
pur
sue
such
a s
yste
m
2.
The
Rep
ort s
houl
d al
so in
clud
e a
sum
mar
y an
d an
alys
is o
f how
oth
er C
ounc
ils a
re
deal
ing
with
saf
ety
bolla
rds
for
Out
door
Din
ing,
and
any
oth
er r
ecom
men
ded
mod
els.
3.
T
hat t
he r
epor
t add
ress
oth
er a
ltern
ativ
es th
at w
ould
sat
isfy
pub
lic s
afet
y re
quire
men
ts.
GM
CD
S
Apr
201
3 O
n tr
ack.
31.
26/2
/13
Lo
dg
ing
Ho
use
By-
Law
(C
9043
) –
Tha
t the
Adm
inis
trat
ion
prep
ares
a R
epor
t by
June
20
13 th
at in
vest
igat
es th
e fe
asib
ility
of C
ounc
il in
trod
ucin
g a
Lodg
ing
Hou
se B
y-La
w.
GM
CD
S
Jun
2013
O
n tr
ack.
32.
26/2
/13
Tra
ffic
Ro
un
dab
ou
ts (
C90
44)
– T
hat a
Rep
ort b
e pr
epar
ed fo
r C
ounc
il in
6 w
eeks
whi
ch
addr
esse
s th
e la
ndsc
apin
g, p
lant
ings
and
mai
nten
ance
of
all c
urre
nt a
nd f
utur
e tr
affic
ro
unda
bout
s in
Bur
nsid
e an
d ho
w c
onsi
sten
cy o
f th
ese
can
be a
chie
ved
acro
ss t
he
GM
US
A
pr 2
013
On
trac
k.
30
NO
M
TG
D
AT
E
SU
BJE
CT
O
FF
ICE
R
DU
E
DA
TE
S
TA
TU
S
Cou
ncil
area
.
33.
26/2
/13
Mag
ill C
emet
ery
Co
lum
bar
ium
Wal
l Op
erat
ing
Gu
idel
ines
(C
9049
) –
Tha
t a R
epor
t be
pres
ente
d to
Cou
ncil
with
rec
omm
enda
tions
on
the
futu
re m
anag
emen
t str
uctu
re o
f the
M
agill
Cem
eter
y w
ith th
e sp
ecifi
c ai
m in
ach
ievi
ng a
ll of
the
outs
tand
ing
actio
ns w
ithin
the
Mag
ill C
emet
ery
Man
agem
ent P
lan.
CE
O
Jun
2013
O
n tr
ack.
34.
26/2
/13
Co
nsu
ltat
ion
Res
ult
s an
d P
rop
ose
d P
ub
lic D
ecla
rati
on
– A
mer
y L
ane
and
Dim
bo
ola
S
tree
t, B
eula
h P
ark
(C90
58)
– T
hat
a R
epor
t be
pre
sent
ed t
o C
ounc
il w
ith t
he r
esul
ts o
f th
e pu
blic
not
ifica
tion
proc
ess
and
outc
omes
.
GM
US
Ju
n 20
13
Rep
ort t
o be
pre
sent
ed
at t
he c
oncl
usio
n of
co
mm
unity
con
sulta
tion
(4 w
eeks
).
35.
26/2
/13
Po
iso
nin
g o
f T
ree
situ
ated
in f
ron
t o
f 41
3 T
he
Par
ade,
Ken
sin
gto
n G
ard
ens
(C90
63)
– T
hat
the
inve
stig
atio
n be
sub
ject
to
a R
epor
t ba
ck t
o C
ounc
il by
the
firs
t m
eetin
g in
Jun
e w
ith th
e re
sults
and
of h
ow th
e tr
ee h
as fa
red
taki
ng in
to a
ccou
nt th
e ab
ove
para
grap
h.
GM
US
Ju
n 20
13
On
trac
k.
36.
26/2
/13
Dep
artm
ent
of
Ed
uca
tio
n a
nd
Ch
ildre
n’s
Dev
elo
pm
ent
(DE
CD
) –
Lea
ses
(C90
64)
– T
hat
lega
l adv
ice
be s
ough
t to
ens
ure
that
the
dra
ft le
ase
docu
men
tatio
n in
corp
orat
es a
ll te
rms
requ
ired
by C
ounc
il in
clud
ing
prov
isio
n fo
r a
mai
nten
ance
agr
eem
ent t
hat s
atis
fied
Cou
ncil’
s re
quire
men
ts.
Tha
t a
furt
her
repo
rt b
e pr
ovid
ed w
hen
item
2 h
as b
een
atte
nded
to
.
GM
US
M
ay 2
013
RE
VIS
ED
D
AT
E:
AU
G 2
013
Lega
l adv
ice
curr
ently
be
ing
soug
ht.
37.
12/3
/13
Est
ablis
hm
ent
of
a D
evel
op
men
t A
sses
smen
t P
anel
Sel
ecti
on
Pan
el (
C90
82 &
C
9083
) –
Tha
t a r
epor
t be
pres
ente
d to
Cou
ncil
by th
e D
evel
opm
ent A
sses
smen
t Pan
el
Sel
ectio
n P
anel
at
Cou
ncil
(thr
ough
the
Adm
inis
trat
ion)
as
soon
as
prac
ticab
le f
ollo
win
g th
e in
terv
iew
s, w
ith r
ecom
men
datio
ns fo
r th
e po
sitio
ns o
f Ind
epen
dent
Mem
bers
and
the
Pre
sidi
ng M
embe
r.
GM
CD
S
May
201
3 O
n tr
ack.
38.
12/3
/13
Po
licy
Rev
iew
– C
om
mu
nit
y G
ran
ts (
C90
86)
– T
hat t
he d
raft
Com
mun
ity G
rant
s P
olic
y be
circ
ulat
ed to
all
Ele
cted
Mem
bers
and
a r
evis
ed P
olic
y be
bro
ught
bac
k to
Cou
ncil
for
cons
ider
atio
n.
GM
CD
S
May
201
3 O
n tr
ack.
39.
26/3
/13
Lig
hti
ng
in C
oo
per
s L
ane,
Lea
bro
ok
(C90
90)
– T
hat t
he A
dmin
istr
atio
n pr
ovid
es a
re
port
to C
ounc
il in
clud
ing
reco
mm
enda
tions
det
ailin
g an
d no
t lim
ited
to:
1.
The
nat
ure
and
purp
ose
of C
oope
rs A
venu
e, L
eabr
ook.
2.
The
cos
ts o
f lig
htin
g in
Coo
pers
Ave
nue,
Lea
broo
k.
3.
The
num
ber
of o
ther
priv
ate
thor
ough
fare
s th
at C
ounc
il pa
ys fo
r lig
htin
g.
GM
US
M
ay 2
013
On
trac
k.
40.
26/3
/13
Ken
sin
gto
n G
ard
ens
Res
erve
(C
9093
) –
Tha
t Adm
inis
trat
ion
prep
are
a re
port
to C
ounc
il by
the
end
of A
pril
2013
det
ailin
g ar
eas
of n
eed
in r
espe
ct to
Ken
sing
ton
Gar
dens
R
eser
ve,
incl
udin
g bu
t no
t lim
ited
to,
the
stat
e of
Cou
ncil
prem
ises
, qu
ality
of
play
grou
nds,
GM
US
A
pr 2
013
On
trac
k.
31
NO
M
TG
D
AT
E
SU
BJE
CT
O
FF
ICE
R
DU
E
DA
TE
S
TA
TU
S
car
park
ing
and
othe
r ar
eas
of t
he p
ark
in n
eed
of u
pgra
de (
e.g.
sou
th e
aste
rn c
orne
r) a
nd
an e
stim
ate
of th
e co
sts
invo
lved
. 41
. 26
/3/1
3 W
ork
ing
Par
ties
(C
9094
) –
Tha
t the
Adm
inis
trat
ion
pres
ents
a n
ew p
olic
y to
Cou
ncil
with
re
spec
t to
Wor
king
Par
ties.
G
MC
S
May
201
3 O
n tr
ack.
42.
26/3
/13
Ro
ad R
eser
ve E
ncr
oac
hm
ents
(C
9095
) –
Tha
t the
Adm
inis
trat
ion
pres
ents
a r
epor
t to
Cou
ncil
rega
rdin
g th
e is
sue
of e
ncro
achm
ents
ont
o ro
ad r
eser
ves
(land
scap
ing,
irrig
atio
n et
c) th
at p
reve
nt p
edes
tria
n ac
cess
on
thos
e ro
ad r
eser
ves
and
a po
licy
on h
ow C
ounc
il ca
n m
anag
e fu
ture
req
uest
s fo
r en
croa
chm
ents
and
exi
stin
g lo
ng s
tand
ing
encr
oach
men
ts.
GM
US
Ju
n 20
13
On
trac
k.
43.
26/3
/13
Bu
rnsi
de
Ret
irem
ent
Ser
vice
s In
c –
Rev
iew
of
Co
nst
itu
tio
n, R
ecru
itm
ent
of
Ind
epen
den
t B
oar
d M
emb
ers
and
Est
ablis
hm
ent
of
a B
urn
sid
e R
etir
emen
t S
ervi
ces
Inco
rpo
rate
d In
dep
end
ent
Bo
ard
Mem
ber
Sel
ecti
on
Pan
el (
C91
00)
– T
hat t
his
mat
ter
be o
ther
wis
e ad
jour
ned
for
furt
her
cons
ider
atio
n at
the
first
mee
ting
of C
ounc
il in
Jul
y 20
13.
CE
O
Jul 2
013
On
trac
k.
44.
26/3
/13
Co
rres
po
nd
ence
an
d A
ctiv
itie
s R
egar
din
g W
ater
fall
Gu
lly R
oad
(C
9105
) –
Aw
aitin
g re
spon
se.
CE
O
TB
A
Aw
aitin
g re
spon
se.
32
Council Agenda Item 14.2 9 April 2013
Item No: 14.2 To: Council Date: 9 April 2013 Author: Barry Cant – Strategic Projects Officer Contact: 8366 4223 Subject: BURNSIDE SWIMMING CENTRE REDEVELOPMENT Attachments: A. Results of Community Engagement – Harrison Research
B. Burnside Swimming Centre Redevelopment Project Plan C. Prudential Review Report
(attachments provided under separate cover) Prev. Resolution: C8910, 23/10/12
Officer’s Recommendation
1. That the Report be received.
2. That Council endorse the draft Burnside Swimming Centre Project Plan, for final community consultation.
3. That Council endorse the staging of Scenario 2 as Council’s preferred delivery option.
4. That the Administration report to Council on the outcomes of the final community consultation and include the results of this consultation in the final Report for Council approval on the proposed redevelopment.
5. That Council note that the final Report will include the final Burnside Swimming Centre Project Plan, that will include:
5.1 Swimming Centre Service Framework requirements – length of season, kiosk and program management options schedule of fees.
5.2 Project Governance requirements including Project Working Party – Steering Committee, and Project Control Group who will ensure that the scope and objectives set by Council are achieved throughout the development and will include Elected Members, staff and consultants.
5.3 Landlord Consent to be granted to proceed towards seeking Development Approval.
5.4 The final Community Engagement Strategy – to cover the entire project period.
5.5 Project Risk Management Plan that will address time, cost, quality and scope management.
6. That Council note that the Administration will present recommendations on Hazelwood Park traffic management in a separate report.
Purpose
1. To provide Elected Members with a recommended redevelopment option for the Burnside Swimming Centre following the Community Engagement process.
33
Council Agenda Item 14.2 9 April 2013
Strategic Plan
2. The following Strategic Plan provisions are relevant:
“Preservation of the historic character of the City” “A safe and well maintained standard of infrastructure consistent across the City” “Access to a range of education, health and support services that meet community needs and enhance lifestyles”
“A range of high quality passive and active recreational facilities”
Communications/Consultation
3. In preparing this Report, the following communication has been undertaken:
3.1 Burnside Swimming Centre staff and all other relevant Council Departments;
3.2 GHD Pty Ltd – Architectural, Engineering and project management consultants;
3.3 Elected Members have been consulted through several informal workshops;
3.4 Council’s Heritage Advisors McDougall and Vines; and
3.5 Citywide Community Consultation.
4. A Community Engagement Strategy is discussed within the body of the Report and will be finalised and presented to Council in the near future.
5. It is recommended that Council’s endorsed favoured redeveloped option be available for Community feedback via the following methods:
5.1 Press Release advising of Council’s resolution
5.2 The City of Burnside website;
5.3 Signage and displays at key City of Burnside locations directing enquiries to the website. Locations to include the Swimming Centre; Burnside Civic Centre and Library; Pepper Street Art Gallery; Community Centre’s and other Council facilities;
5.4 Direct contact with various Council community groups; and
5.5 An article advising the community of the consultation to be published in the Eastern Courier.
Statutory
6. The following standards and legislation are relevant in this instance:
6.1 The Burnside Swimming Centre is maintained and operated to comply with legislative requirements and parameters, which are comprised of The Royal Life Saving Society of Australia’s ‘Guidelines for Safe Pool Operations’ and the Regulations under the Public and Environmental Health Act, 1987.
34
Council Agenda Item 14.2 9 April 2013
Policy
7. The following Council Policies and Strategies are relevant in this instance:
Property Strategy
Open Space Strategy
Community Land Management Plans
Community Consultation Policy
Prudential Review Policy
8. Council is preparing a Sport and Recreation Strategy, and the Burnside Swimming Centre is a key component of that Strategy. The initial analysis indicates that swimming is a significant leisure activity within the City. The Citywide community consultation undertaken for the project is clear in the community’s support for the retention of the Burnside Swimming Centre.
Risk Assessment
9. A full risk management plan will be developed on approval of this Report however the major risks to the project include:
9.1 Cost – ensuring that the capital and operating budget is clearly identified and the project is managed within the approved budget structure;
9.2 Quality – ensuring that the final outcome meets service and quality requirements;
9.3 Time – that the project is delivered on time;
9.4 Consultation – that Council and the community are engaged in the process, this is managed through the development of the Community Engagement Strategy;
9.5 Fit for purpose infrastructure – the redevelopment will address the key issue of ageing infrastructure and the potential for it to fail and not meet building, statutory and legislative requirements; and
9.6 Statutory and Legislative – that the project meets all appropriate requirements eg Disability Discrimination Act, planning and heritage approval.
Finance
10. The total estimated cost for each redevelopment scenario is provided in detail within the body of the Report.
11. The Administration has also undertaken a budget reconciliation that includes the capital, operating and lifecycle costs for the proposal over a 10 year cycle.
12. The Long Term Financial Plan was adopted by Council at the 24 April 2012 meeting of Council. Council has allocated an amount of $10 million for the Swimming Centre Project over the next five years. Once Council has endorsed a redevelopment option for the Burnside Swimming Centre, the Long Term Financial Plan will be reviewed and amended to reflect the estimated expenditure.
35
Council Agenda Item 14.2 9 April 2013
Discussion
Background
13. In 2010, the Administration engaged GHD consultants to undertake an infrastructure audit of the Burnside Swimming Centre to determine the current condition of the facility swimming pools and buildings; and to provide high level recommendations for future redevelopment options. This audit indentified that:
13.1 The pool facility was constructed in 1966, with a major upgrade of the main entrance in 1996 and the replacement of the pipe work in 2005.
13.2 The remainder of the facility is original, approximately 45 years old and has had minimal work undertaken to maintain the centre over that time.
13.3 The main plant is aged and approaching the end of its serviceable life. The technology in use today is different to that at the time of original construction. Any upgrades to the plant will in all likelihood require an upgrade to the newer technology (pressurised filtration systems); will require significant investment in time and cost; and an increase in plant room area which would require either an extension to the existing plant room or the construction of a new plant room.
14. At the November 2012 Council meeting, four redevelopment options were presented for consideration:
Option 1 – Infrastructure Option
15. This option was recommended to be undertaken as a minimum, as it was identified and recommended through the GHD audit to ensure that the Burnside Swimming Centre remains compliant and efficient in terms of its operational functions.
16. The following works formed the Infrastructure Option:
16.1 Building a new plant room on the existing footprint and installing new plant infrastructure (inclusive of separate plant, equipment and pipe work for each pool);
16.2 Re-tiling of existing swimming pools; and
16.3 Basic renovations of the kiosk, staff areas and main building.
Option 2 – Swimming Centre Focus
17. This option focussed only on swimming related facilities and included:
17.1 Undertaking the essential infrastructure works in Option 1 but relocating the new plant room to the existing main building at the eastern side of the Centre;
17.2 Installing a new ramp to the main pool;
17.3 Installing an interactive water play space within the wading pool;
17.4 Extending and improving the existing kiosk/café facilities;
17.5 Removing the two existing playgrounds, maintenance buildings and access road and converting these areas within the Swimming Centre back to green space; and
36
Council Agenda Item 14.2 9 April 2013
17.6 Replacing and reconfiguring the placement of the perimeter Swimming Centre fence to return approximately 2,300 square metres of open space to Hazelwood Park.
Option 3 – Swimming and Recreation Facility Focus
18. This option considered a major overhaul of existing facilities and included:
18.1 Undertaking the essential infrastructure works in Option 1 but relocating the new plant room to the existing main building at the eastern side of the Centre;
18.2 Installing a new ramp to the main pool;
18.3 Installing an interactive water play space within the wading pool;
18.4 Installing a water slide to the middle pool;
18.5 Extending and improving the existing kiosk/café facilities;
18.6 Building a new function room (children party space);
18.7 Converting existing facilities into a gymnasium;
18.8 Upgrading the northern playground;
18.9 Replacing the second playground with a beach volleyball court and half court basketball court;
18.10 Reconstructing the perimeter site fence and associated landscaping; and
18.11 Removing the maintenance buildings and access road and converting these areas within the Swimming Centre back to green space.
Option 4 – Return to Parklands
19. This option considers closing the entire Swimming Centre facility, demolishing all infrastructure and reinstating open space to Hazelwood Park reserve.
Council Resolution
20. Following several workshops with Elected Members and consideration of these options at the November 2012 Council meeting, it was resolved:
1. That the Report be received.
2. That Council agree in principle to, at a minimum, undertake the identified necessary upgrade and redevelopment of the ageing infrastructure at the Burnside Swimming Centre.
3. That prior to endorsing any work at the Burnside Swimming Centre, Council seek Community feedback on additional redevelopment options for the site.
4. That the Community Engagement Strategy be undertaken and distributed via the following methods:
4.1 Mail out to all City of Burnside residents and businesses via the Australia Post method;
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Council Agenda Item 14.2 9 April 2013
4.2 The draft Burnside Swimming Centre be available on the City of Burnside website;
4.3 Signage and displays at key City of Burnside locations directing enquiries to the website. Locations to include Swimming Centre; Burnside Civic Centre and Library; Pepper Street Art Gallery; Community Centres and other Council facilities;
4.4 Direct email to Council customer databases including Council lessees and tenants; and community group databases;
4.5 An article advising the community of the consultation to be published in the Eastern Courier;
4.6 Online community engagement utilising Engage Burnside;
4.7 Consultation Open Day to be held at the Burnside Swimming Centre;
4.8 Harrison Research to undertake statistically valid random telephone survey independent of the Glenunga Hub consultation; and
4.9 Only responses from confirmed residents from the City of Burnside electoral roll and ratepayers be accepted in a report back to Council.
5. That the Consultation period be open between Monday 5 November 2012 and Friday 30 November 2012, and that the results of the consultation be presented at a meeting of Council in early 2013 with recommendations on the progression of the Burnside Swimming Centre Redevelopment Options.
6. That the Report to Council include a quadruple bottom line cost benefit analysis of the recommendation that will enable Council to make a further decision on the future of the Burnside Swimming Centre, and will include:
6.1 community engagement feedback; and
6.2 costs of the redevelopment including long term operational and capital expenditure requirements.
Results of Community Engagement
21. Natalie Fuller and Associates Pty Ltd was engaged by Council to conduct the community engagement process and sub-contracted Harrison Research to conduct a quantitative, statistically reliable survey as well as to analyse and report on the findings of both the quantitative and qualitative surveys.
22. The results of both surveys are provided in Attachment A. The following is a summary of the Report.
Engagement Methodology
23. A brochure explaining the options to improve the Burnside Swimming Centre was distributed to all ratepayers and residents in the City of Burnside.
24. An Open Day, publicised in the brochure and in the local newspaper, was held at the Swimming Centre between 10am and 1pm on Saturday 17 November, 2012.
25. A total of 713 feedback forms were received, of which 500 were hard copy and 213 online. In accordance with Council instructions that only residents, property or business owners within Burnside Council were included in the analysis, responses without a
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Council Agenda Item 14.2 9 April 2013
name and address (verifiable), duplicates and responses from people who live outside of Burnside Council or do not own property in the Council area were removed from the sample. This reduced the total number of responses to 634, of which 432 were completed in hard copy and 202 completed online.
26. In addition, a statistically valid representation of the City's population was achieved through a Computer Aided Telephone Interviewing (CATI) survey. A sample of n=400 adult residents has provided a statistically reliable survey, which has a maximum Confidence Interval (CI) of ±4.9% at the 95% Confidence Level (CL), for the total sample.
27. The report amalgamates the data from the telephone survey (n=400 sample), the feedback forms (n=634 sample) as well as a summary of the Open Day feedback.
28. Whilst the feedback forms represent a substantial sample, care should be taken when using the findings from this sample as engagement often attracts comment from those with strongly held opinions about the topic to hand and therefore are not necessarily representative of the majority of residents.
29. Because of this aspect, the findings of the telephone survey carry more ‘weight’ than those from the other forms of feedback. Having said this, it does not mean that the community feedback from other sources has been ignored. Indeed, this information was provided by a high proportion and the size and relevance of their viewpoint has not been overlooked in any way.
Summary of Engagement Findings
30. Residents of Burnside Council area clearly enjoy the environment surrounding the current Swimming Centre and the feedback from the majority of residents is a strongly held belief that the green open space must be retained.
31. Overwhelmingly, the majority of respondents do not have any issues, dislikes or problems associated with Burnside Swimming Centre and support its retention.
32. Key issues included car parking; season length (open longer) and the facility needing an upgrade (with a particular emphasis on the kiosk).
33. Awareness of the three options for improving the Swimming Centre was high among the telephone survey respondents. Brochures delivered to homes were an effective tool, with 89% indicating this was their source of information about the options. Most of these respondents said the brochure gave them enough information to form an opinion about the respective merits of the three options and associated elements.
34. In principle support for Council giving consideration to undertaking additional improvements at the same time as essential infrastructure works (Option 1) was supported by 62% of telephone survey respondents and 56% of feedback form respondents. This compares with between one in six telephone survey respondents and one in five feedback form respondents (16% and 22% respectively) said no, in principle to Council considering additional work.
35. Whilst none of the three options gained majority support for a first preference, both Options 1 and 3 were the first choice for a third of all respondents across both surveys. However Option 2 was supported as the second preference by nearly half of respondents from both surveys.
36. Respondents were asked to indicate their support or opposition to specific elements within the three options. In relation to elements associated with swimming facilities, there was:
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Council Agenda Item 14.2 9 April 2013
36.1 Strong support for the ‘interactive water play space within the wading pool’
36.2 Moderate support for ‘water slide in middle pool’
36.3 Support amongst telephone survey respondents for a ‘new ramp to main pool using part of existing lane’; but the reverse pattern emerged from feedback form respondents.
37. In relation to proposals for recreational facilities:
37.1 Similar patterns emerged among both telephone survey and feedback form respondents with support for retaining the playgrounds.
37.2 The proposal to ‘remove western playground and construct beach volleyball court and half-court basketball court’ received mixed responses in the telephone survey.
37.3 Opposition to ‘converting existing meeting space into a gym’.
38. In relation to proposals for the main building and site works once again similar patterns emerged from both surveys with:
38.1 A high level of support for ‘extending and improving the existing kiosk / café facilities’ There was strong support for this proposal among both users and non-users of the Swimming Centre and Hazelwood Park.
38.2 Limited support for ‘building a new function room’.
38.3 Clear opposition to relocating the perimeter fence line and returning space to Hazelwood Park.
39. Commentary from respondents was extensive, particularly those who responded via the feedback forms. There were some common themes throughout, which included:
39.1 Residents enjoy the environment surrounding the current pool and there is strong feeling that the green open space should be retained.
39.2 Parking issues were often mentioned as a barrier to increasing patronage at the Centre.
39.3 Some respondents indicated that too many users of the Centre will put undue pressure on the facilities and reduce the attractiveness of the Centre overall.
39.4 Residents opposed to Options 2 and 3 often cited the cost of these options and expressed a desire not to have to pay more rates to improve the Centre.
39.5 Longer opening, or all year round facilities, featured often in comments to make better use of the facility and provide a return on the investment by Council.
39.6 There was strong support for retaining and enhancing the playgrounds.
39.7 Swimmers who prefer lap swimming tended to oppose the loss of a lane, although this element also gained support.
39.8 There was strong support for upgrading the kiosk / café and also suggestions to extend this element to include outdoor seating.
39.9 There was also support for more seating and shade, both within the swimming centre and surrounding the playgrounds.
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Council Agenda Item 14.2 9 April 2013
Petition
40. During the Community Engagement period for the Burnside Swimming Centre Redevelopment options, a petition was received requesting Council ‘adopt Burnside Swimming Centre Redevelopment Option One.’
41. The main points identified in the petition were:
41.1 The park is already overburdened and that anything beyond Option One is unacceptable.
41.2 The State Heritage listing of the park should be respected and anything beyond Option One does not do that.
41.3 Impact of increased pool usage, traffic and car parking.
41.4 High level of current use appears in conflict with the fundamental reason for which the park is State Heritage listed.
41.5 The introduction of new facilities cause many great concern (gym, function room etc).
41.6 Returning 2,300m2 of open space to the Park does sound commendable yet it is proposed to add more to the pool compound (beach volleyball, half court basketball court etc).
41.7 Removing the maintenance buildings opens up the last existing natural small vestige of park which not only is a heat refuge for the Park’s fauna and bird life but a noise buffer zone for the residents living along Hawthorn Crescent. This little “goat track” is the most loved piece of the park and we fear should this be opened up it may only be a matter of time before our goat track is then bitumised.
42. The petition has 327 signatures. Harrison Research was instructed to analyse the signatures on the petition and to highlight those who do not live in the Council area (in accordance with Council’s resolution; and identify those who had also participated in either the hard copy or telephone survey (duplicate entries were removed during this process).
43. It was advised that 73 of the petitioners provided an address which was outside of the Council boundary; 42 petitioners had also participated in Council’s survey; and 2 petitioners address could not be verified. Once these figures have been removed, 210 petitioners have requested that the City of Burnside choose Option One as the redevelopment option.
Heritage Advice
44. Throughout the planning stage of the Burnside Swimming Centre redevelopment project, the Administration has consulted and sought advice from internal heritage advisors in addition to Council’s State Heritage advisor – MacDougall and Vines. This process will continue and any redevelopment option considered by Council is to be considered by these resources.
45. The following summary has been provided by Council’s internal heritage advisors:
“Hazelwood Park is a State Heritage Place. Its State Heritage listing is based on its function and use as a Public Recreation Park: firstly, for its association with the Clark family who owned the land prior to 1914 and who allowed the general public to use the area for recreational purposes, and secondly, because it was dedicated as an early
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National Pleasure Resort under the National Pleasure Resort Act, 1914. Its State Heritage significance is not associated with trees, vegetation, environment or open space.”
Deed of Transfer
46. The Clark family sold the land to the South Australian Government in 1914 on the condition that it continued to remain in perpetuity as a recreation park for use by the general public.
47. In 1964, Hazelwood Park reserve was invested into the care and control of the City of Burnside by the State Government to maintain it as a place of recreation for the general public. The Minister for National Pleasure Resorts transferred the land to The Corporation of the City of Burnside to manage, develop and maintain in perpetuity as a pleasure resort, park and recreation ground for the use and enjoyment of the general public, subject to the conditions and obligations in a Deed of Transfer, dated 2 January 1964.
48. The Deed states that:
48.1. The Corporation of the City of Burnside is to manage, develop and maintain Hazelwood Park (reserve) as a place for use and recreation of the general public, in perpetuity to the Minister’s satisfaction.
48.2. The Minister may by written notice, require the Corporation of the City of Burnside to transfer Hazelwood Park (reserve) back to the Minister, if the Minister considers that the Corporation is in breach of the Deed.
Key Issues of Note
49. Ownership – The reserve has been invested into the care and control of the City of Burnside on behalf of the State. The State retains the right to enforce the transfer of Hazelwood Park reserve back to the State if they see fit, as set out in the Deed of Transfer.
50. ‘General Public’ – The reserve was sold by the Clarks to the State of South Australia for the ‘general public’ to use for recreational purposes. The reserve was transferred to the care and management of the City of Burnside under the conditions of the Deed of Transfer which specify that it must continue to be used as a recreation park for the ‘general public’. Its State Heritage listing highlights its State significance as a place for the recreation for the ‘general public’. Breach of this may precipitate transfer of Hazelwood Park reserve back to the State.
Implications for the Swimming Pool Upgrade Options
51. Any encouragement for the ‘general public’ to use Hazelwood Park reserve for recreation is fulfillment of our obligations under Deed.
52. All three swimming pool options are entirely consistent with the State Heritage listing and its use as a place for public recreation. No one option holds more heritage consistency than another, because all three are providing facilities which are for the recreational use of the general public.
53. All three swimming pool options are entirely consistent with the conditions of the Deed, provided that the pool is available for the use by the ‘general public’.
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Engagement Process Summary
54. It is the opinion of the Administration that the preferred redevelopment option (as identified in the next section of the Report) is consistent with the majority of the findings through the community engagement process. The recommendations that follow have considered all of the feedback received (including the petition and Heritage advice); and the option presented represents a good balance between the requirements of the facility in terms of necessary improvements, and that of the overall wishes of the community.
Burnside Swimming Centre Project Plan
55. As detailed above, the City of Burnside consulted with its community in regard to three redevelopment options for the Burnside Swimming Centre. These three options were designed to prompt community discussion and to provide Council with a better understanding of the required scope of the Swimming Centre Redevelopment.
56. As discussed, there was no ‘one option’ that was favoured, therefore the Administration has used the results of this consultation to develop a preferred ‘scope’ for the project which is now presented to Council for consideration.
57. GHD was engaged by the City of Burnside to develop the Project Plan for the Burnside Swimming Centre Redevelopment and the complete document is provided in Attachment B.
58. This report forms Part 1 of the overall redevelopment works at the Burnside Swimming Centre, with the subsequent stages of work (following Council resolution), comprising Part 2 (detailed design documentation) and Part 3 (contract tender and contract administration).
Revised Scope of the Project
59. As a starting point, the scope of the project has been based on the original Option 1 – which is the required infrastructure upgrade. Following the results of the Community engagement, this option has been expanded to incorporate additional improvements; although not to the extent of Option 3.
60. The main additions to the Option 1 model is as follows:
61. Building Upgrades:
61.1. Rear Function/Meeting Room - Improved and redesigned to allow for meeting/training/storage for staff, including new flooring.
61.2. Upgraded external Public Toilets.
61.3. Refurbishment of Central Corridor – paint etc.
61.4. Redesigned customer service area incorporating Exit/entry system and Point of Sale system.
61.5. Disability Discrimination Act improvements.
61.6. General refurbishment of the changing rooms including tiling, painting, improved seating, new lockers etc.
61.7. Significant improvement to the Kiosk/Café incorporating:
61.7.1. New kitchen equipment.
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Council Agenda Item 14.2 9 April 2013
61.7.2. Improved seating, shading and landscaping.
61.7.3. Improved ambience – café style seating.
61.7.4. Improve landscaping on park side of fence associated with the kiosk.
61.8. Refurbishment of staffroom areas.
61.9. Isolation points on the mains water distribution pipe work.
61.10. Replacement of wooden awning surrounding the main building and entrance structure.
61.11. Painting of the external building façade.
62. Aquatic Improvements / Plant Room Infrastructure Upgrades:
62.1. Scenario 1 – New plant room to be designed and constructed where existing storage building is located. Staged program of works over two off seasons.
62.2. Scenario 2 – New plant room to be designed and constructed generally where existing plant room is located and an area to the South. Partial Pool closure over two swimming seasons (2013/14 and 2014/15).
62.3. Scenario 3 – New plant room to be designed and constructed generally where existing plantroom is located and an area to the North. Full pool closure over one swimming season (2014/2015).
62.4. New plantroom to be designed to be sympathetic to its environment (while being practical operationally).
62.5. Planting in front of the building to soften the visual aspect.
62.6. Demolish two existing buildings and upgrade landscaping to lawn (except where new plant room is located).
62.7. New filtration systems etc in accordance with Option 1 (as endorsed by Council).
62.8. General Storage adjacent to Plant Room for chemical storage, gardening equipment and general maintenance equipment.
62.9. Re-tiling of the main and learners pools.
62.10. New Aquatic Play space to replace the existing wading pool.
62.11. Retreatment of the light pole structures.
62.12. Re-treading of stairwell down to viewing windows in learners pool.
62.13. Refurbishment/replacement of the existing fencing and viewing windows.
62.14. Digital pace clock.
62.15. Removal of existing starter blocks and supply of removable starter blocks at deep end of main pool.
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Council Agenda Item 14.2 9 April 2013
63. Landscaping/Recreational Upgrades:
63.1. Improved BBQ area to the North.
63.2. Increased seating.
63.3. Replacement of fence North and North East.
63.4. New bin enclosure to tidy-up the area.
63.5. Re-concrete central paths around pool and building.
63.6. Upgrade drinking taps around the Centre.
63.7. General planting and improvement of lawned areas.
64. The following Optional Items are considered not essential at this stage, however have been provided with approximate costings for Council’s consideration. Should these optional items not be included in the initial project, they will need to be included in the Centre’s Asset Management Plan and scheduled for replacement/renewal when appropriate.
64.1. Replacement and redesigned shade structures over the wading pool.
64.2. Refurbishment of first aid room, office, corridor and store in the Staff Areas.
64.3. New Shade over Main Pool.
64.4. Disabled Access lift to the main and learners pools.*
64.5. Re-roof the Swimming Centre.
64.6. Replacement of complete swimming centre fence.
64.7. Storage solutions for existing pool covers.
64.8. Demolish Western play space and re-instate to grass (opportunity for more bench and picnic seating).
64.9. Upgrade Northern Play space.
64.10. Shading to the North.
64.11. Re-bitumen existing car park and pathways to Swimming Centre.
65. The current hoist system that is used for DDA access to the main pool, while not the most ideal solution, is meeting Council’s minimum legislative requirements with regards to access to the Pool.
Order of Cost Summary
66. The high level estimates associated with the original three options that were provided in the November 2012 Report, have been reviewed and revised to be appropriate to the recommended scope of works, in addition to the three timing scenarios being considered by Council.
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Council Agenda Item 14.2 9 April 2013
67. The original cost estimates presented to Council were as follows:
67.1. Option 1 - $2.96 million
67.2. Option 2 - $3.8 million
67.3. Option 3 - $5.02 million
68. If Council was to revisit these options at this time, the estimates would have to be updated based on escalation (time cost of work in the future); better understanding of the requirements of the project specifics; and better definition of project scope.
69. The Concept Opinion of Costs has been prepared by the project’s Cost Consultant Donald Cant Watts Cork (DCWC). There are three project scenarios under consideration. The proposed programming for each is:
69.1. Scenario 1 – Staged
69.1.1 Staged installation of with minimal disruption to the pool season.
69.1.2 Completion of the entire redevelopment by the commencement of the 2014/15 Summer Season (October 2014).
69.2. Scenario 2 – Partial Pool Closure
69.2.1 Pool closed from 1st February 2014, open again around Christmas 2014.
69.3. Scenario 3 – Full Pool Closure
69.3.1 Pool closed over from April 2014 and reopen again in October 2015.
70. Escalation has been included for the works carried out in 2014. Each phase has been priced at rates and conditions believed applicable in March 2013.
71. DCWC has made independent assessment of contingency and escalation for each of the Stages, based upon the scope of works and programming for each stage. The complete breakdown of these costs can be found in the Project Plan.
72. The works for each scenario is as follows:
73. The specific inclusions are detailed in the DCWC report, located within the Project Plan. The individual costs are not available for public record at this time, but can be viewed by Elected Members if they request a copy.
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Council Agenda Item 14.2 9 April 2013
74. The following specific items have been included and assumptions made in the preparation of the Concept Opinion of Costs:
74.1. A Design Contingency of 7.5%.
74.2. A Construction contingency of 10%.
74.3. An allowance of 2% for escalation for works carried out in 2014 (scenario 1).
74.4. An allowance of 2% for escalation for all works (scenario 2).
74.5. An allowance of 4% for escalation for all works (scenario 3).
74.6. An allowance of 12% for Preliminaries (scenario 1).
74.7. An allowance of 10% for Preliminaries (scenario 2).
74.8. An allowance of 10% for Preliminaries (scenario 3).
75. Scenario 2 is the same as Scenario 1 with the following exceptions:
75.1. Proposed plant room is constructed on the site of the existing plant room.
75.2. Reuse balance tank to main pool.
75.3. Reuse leaf filter to main pool.
75.4. Preliminaries are reduced to 10% to account for the revised program, ease of construction and one site set up costs.
75.5. 2% Escalation has been included on all costs as all works are to be carried out within 2014.
76. Scenario 3 is the same as Scenario 1 with the following exceptions:
76.1. Proposed plant room is constructed on the site of the existing plant room.
76.2. Reuse balance tank to main pool.
76.3. Reuse leaf filter to main pool.
76.4. Preliminaries are reduced to 10% to account for the revised program, ease of construction and one site set up costs.
76.5. 4% Escalation has been included on all costs as all works are to be carried out within 2015.
77. With regards to the plant room improvements, an assumption has been made that the existing pool shell and balance tank is in an appropriate condition to be re-used to accommodate the upgrade. This assumption has been made through the assessment of the existing concrete by testing core samples at various locations.
78. The operating costs include the revenue projections which are based on existing revenue as supplied by the City of Burnside. The estimated 10 year annual and cumulative costs are summarised in the following tables:
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Council Agenda Item 14.2 9 April 2013
79. The detailed calculations forming the basis of the below 10 year Operation costs are located in Appendix E of the Project Plan.
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Council Agenda Item 14.2 9 April 2013
Project Program
80. Whilst it is an objective of the project to maintain operations of the pool during the summer swim season, a major project of the type contemplated may need to consider closing the pool for a full summer season, or even a part closure over two seasons, to ensure that best value to Council and the highest safety standards can be achieved for the project implementation.
81. Should the pool upgrade program be rolled out across a number of works packages over an extended program than currently envisaged, then this approach could be considered and the day-to-day pool operations not be disrupted, albeit there would be extended pool closure.
82. Based on current information, indicative programs have been prepared in light of the project scope and constraints which shows the challenge of the project, particularly when the initial design and approvals activities are considered, setting the point when a major works package can be procured and implemented.
Scenario: Description Benefits Risks 1 - Works Planned To a Staged Approach around Standard Pool Annual Operations
Minor early works are proposed for the initial Winter Closure 2013, whilst design and procurement is underway for the Main Works Contract, with the Main Works commencing at Winter Closure May 2014. Construction time in 2014 is limited to 5 Months.
Council is able to progress selected Minor Works for immediate public benefit for the Summer 2013, whilst under the design and construction procurement to meet Council governance requirements for procurement
Procurement is a low risk, however, all Main Works construction is loaded into the Winter Closure 2014, with no opportunity to commence the Main Works early or manage any time delays associated with works conducted during the winter season. The construction period at 5 months may be achievable with multiple work faces, however, lead times for specialist plant and equipment and minor weather delays will pose a high risk for successful completion in the time frame.
2 – Works Planned To an Early Pool
Minor early works are proposed for the initial
Council is able to progress selected
Procurement remains a low risk and the Main
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Council Agenda Item 14.2 9 April 2013
Closure 2014 – Late Pool Opening 2014/2015
Winter Closure 2013, whilst design and procurement is underway for the Main Works Contract, with the Main Works commencing at an early Winter Closure 2014 of February 2014.
Minor Works for immediate public benefit for the Summer 2013, whilst under the design and construction procurement to meet Council governance requirements for procurement. Increased construction time is available from February 2014 to November 2014 of 10 Months.
Works have an increased period to undertake the work providing a high degree of success for completion on time and with ability to mitigate delays where these are encountered. The work period is advanced away from the winter season presenting less risk for exposure to adverse weather.
3 – Works Planned to Pool Closure Summer 2013/14
The pool will remain closed for Summer Closure 2013/14. All works (Early and Main) are completed as a single Main Works Contract commencing as soon as design and procurement are completed to the governance requirements of Council.
Increased construction time is available from May 2013 to September 2014 of 17 Months. Construction can commence as soon as a Contractor is appointed. The Summer Season 2013 can be extended up to when a Contractor is appointed. The Summer Season 2014 can be opened early, when the Main Works are complete.
Procurement remains a low risk and the Main Works have an increased period to undertake the work providing a high degree of success for completion on time and with ability to mitigate delays where these are encountered. The work period is advanced across a full summer season presenting less risk for exposure to adverse weather. The work period is greater than required and will disrupt the operations of the pool, which may not be balanced by an early opening of the Summer Season 2014.
83. The three project delivery scenarios offer a range of benefits and risks to Council, which upon assessment, would suggest that Scenario 2 (Early Pool Closure 2014) would provide the best balance in meeting the competing requirements for the project.
84. This proposal provides the following benefits:
84.1. Permits Council to implement Early Works and seek an immediate public benefit to pool users.
84.2. Limits pool closure to the minimum time required.
84.3. Provides sufficient time to design and procure the works, with least cost risk to Council.
84.4. Provides the construction time necessary to complete the works and manage unforeseen delays.
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Procurement Methodology
85. Given the characteristics of the preferred methods of project delivery, it is recommended that the majority of the works be considered for a Traditional Fixed Lump Sum method, which will provide the best outcome for the project, balancing time outcomes against design quality with cost certainty.
86. All items noted for Direct Sourcing would be included in the day to day operations of Council within the procedures and processes for ongoing building maintenance.
87. The Quotations items relate to scope of works which are easily procured within the industry as stand-alone works packages from specialist suppliers. Subject to industry coverage for the items, multiple quotations would be sought hinged around a Goods Supply or Minor Works Agreement, using an approach to market similar to the day to day operations of Council within the procedures and processes for ongoing building maintenance.
88. The residual of the works items are proposed for a single works package where the coordination, management and safety risk of the works is allocated to a single contractor and, subject to the management of the works across the various operational and closure periods of the pool, the timing of the works would have flexibility to defer or advance as opportunities arise.
89. Procurement will be by two stage tender, across the following Stages:
89.1. The first stage will publicly call an Expressions of Interest (EOI) tender based on criteria suitable for the project and will establish a select tender field of a minimum of 3 and maximum of 6 tenderers. The EOI will be for a period of 4 weeks and will be advertised on the Local Government tender section of the Advertiser Newspaper.
89.2. Tender documents will specifically include:
89.2.1. Project description.
89.2.2. Project indicative value.
89.2.3. Timeline.
89.3. The second stage will issue the Construction Tender to the select tender field for a period of 4 weeks. Tender documents will specifically include:
89.3.1. Tender conditions and form of contract.
89.3.2. Detailed design documentation and specifications.
89.3.3. Site and background information.
89.3.4. Key milestone dates.
Prudential Review
90. JAC Comrie Pty Ltd was engaged by the City of Burnside to provide a Prudential Report concerning Council’s proposal for the Burnside Swimming Centre Improvements project. The Report is provided in Attachment C.
91. For the purpose of this Report, the estimated figures used for the Prudential Review were based on a capital cost of $5.615 million proposed for the Burnside Swimming
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Centre improvements. As can be seen from the Report, this amount exceeds Scenarios 2 and 3 and is slightly less than Scenario 1.
92. The Local Government Act, 1999 requires a Council to prepare and consider a prudential report before proceeding with projects of such value, therefore following community consultation, Council will be presented with a final Prudential Review Report based on estimated costs in accordance with Council’s decision.
93. Section 48 of the Local Government Act, 1999 prescribes nine criteria which are to be addressed in a prudential review. Each of the following nine criteria is specified in detail within the attached Prudential Review:
93.1. The relationship between the project and relevant strategic management plans.
93.2. The objectives of the Development Plan in the area where the project is to occur.
93.3. The expected contribution of the project to the economic development of the local area, the impact that the project may have on businesses carried on in the proximity and, if appropriate, how the project should be established in a way that ensures fair competition in the market place.
93.4. The level of consultation with the local community, including contact with persons who may be affected by the project and the representations that have been made by them, and the means by which the community can influence or contribute to the project or its outcomes.
93.5. If the project is intended to produce revenue, revenue projections and potential financial risks.
93.6. The recurrent and whole-of-life costs associated with the project including any costs arising out of proposed financial arrangements.
93.7. The financial viability of the project, and the short and longer term estimated net effect of the project on the financial position of the council.
93.8. Any risks associated with the project and the steps that can be taken to manage, reduce or eliminate those risks (including by the provision of periodic reports to the chief executive officer and to the Council).
93.9. The most appropriate mechanisms or arrangements for carrying out the project.
94. This prudential review has tested the reasonableness of the assumptions and analysis underpinning the proposal and found them to be appropriate. Council has the capacity to fund the project and can afford to do so even if adverse events happen in future.
95. The financial risk associated with the project is minor. It is manageable in the context of Council’s future projected financial position and performance.
96. Council’s current and projected future financial position and performance indicates it could accommodate the proposal without impact on its financial sustainability or future revenue-raising and/or service level decisions.
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Council Agenda Item 14.2 9 April 2013
Conclusion
97. The Burnside Swimming Centre was opened in 1966 and is a popular City of Burnside facility which caters for a wide demographic of community groups and members.
98. It is the aim of Council to provide a venue and facility that attract families and other pool users to the facility, while improving the visual amenity with respect to its State Heritage listed parkland setting.
99. Council, through an infrastructure audit, has identified that much of the Swimming Centre operational equipment is nearing the end of its economic life, and recommendations have been presented on necessary upgrades to the Centre’s plant, pool shells and buildings.
100. Community engagement on the redevelopment options has been undertaken and a revised redevelopment option has been recommended accordingly.
101. The Project Plan covers all aspects of the proposed redevelopment project and includes specific details on project timing, scope, estimated costs, procurement methodology and concept plans.
102. Should Council endorse in accordance with the Officer’s Recommendation, it is recommended to seek further Community Feedback on the chosen redevelopment option, prior to proceeding.
103. It is recommended that Scenario 2 be selected as the preferred redevelopment option, at an estimated capital cost of $5.313 million and subject to the results of the upcoming community consultation, that the works be carried out in accordance with the procurement recommendation.
104. The prudential review has tested the reasonableness of the assumptions and analysis underpinning the proposal and found them to be appropriate. Council has the capacity to fund the project and can afford to do so even if adverse events happen in future.
105. The results of the further community consultation should be presented to Council as soon as possible to allow for a final decision to be made.
106. Accompanying that Report should be a finalised Project Plan, which will also canvass the following matters:
106.1. Governance / management options for the Swimming Centre – length of season, kiosk and program management options (including expected level of service), schedule of fees.
106.2. Development and endorsement of a Project Working Party – Steering Committee and Project Control Group who will ensure that the scope and objectives set by Council are achieved through the development stage. These groups will include Elected Members, staff and selected parties.
106.3. Landlord Consent to be granted to proceed towards seeking Development Approval.
106.4. Development of a Community Engagement Strategy – to cover the entire project period.
106.5. Development of a Project Risk Management Framework / Analysis.
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Council Agenda Item 14.2 9 April 2013
107. Regardless of the redevelopment option Council chooses, it is evident that there is a requirement to review the existing car parking and traffic management arrangements for the whole of Hazelwood Park reserve. It is recommended that a review be undertaken with options to be presented to Council at a future Council meeting.
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Council Agenda Item 14.3 9 April 2013
Item No: 14.3 To: Council Date: 9 April 2013 Author: Greg Nankervis – Manager, Organisational Development and
Governance Contact: 8366 4106 Subject: BURNSIDE WAR MEMORIAL HOSPITAL INCORPORATED
BOARD APPOINTMENTS Attachments: A. Letter from Burnside Hospital – Letter dated 28 February 2013
B. Extract from Burnside War Memorial Hospital Constitution Prev. Resolution: N/A
Officer’s Recommendation
1. That the Report be received.
2. That Council endorses the appointments of Alison Fitzgerald and Craige Whitton to the Board of the Burnside War Memorial Hospital Incorporated.
Purpose
1. To seek Council’s endorsement of the appointment of the two new recommended Burnside War Memorial Hospital board members.
Strategic Plan
2. The following Strategic Plan provisions are relevant:
“Representation that is ethical, respectful, transparent, and instills confidence, reflecting the best interests and values of the community”
“A community that can access a range of information, services and opportunities that enhance their lives”
“An empowered Council and Administration that is visionary and innovative in meeting community needs”.
Communications/Consultation
3. The following communication / consultation has been received:
3.1 Letter dated 28 February 2013 from Nick Warden, Chief Executive Officer of the Burnside Hospital, received 1 March 2013 (Attachment A).
Statutory
4. The following legislation is relevant in this instance:
Associations Incorporation Act, 1985
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Council Agenda Item 14.3 9 April 2013
Policy
5. There are no policy implications or requirements associated with this recommendation.
Risk Assessment
6. There are no risks associated with the recommendation.
Finance
7. There are no financial implications for the City of Burnside in respect of the recommendation. Any payment to Board Members is the direct responsibility of the Burnside War Memorial Hospital which is currently $500.00 per annum and has not varied since November 2006.
Discussion
Background
8. The Burnside War Memorial Hospital is an incorporated body with its own Board and Management structure.
9. An extract of the Constitution of The Burnside War Memorial Hospital covering the appointment of Board Members is provided in Attachment B.
10. In compliance with the Burnside War Memorial Hospital Constitution, the Board currently has 12 members consisting of three “Council Governors” (Members of the Council) and nine “Ordinary Governors” (Non Council Members). The ratio of 1:4 complies with the constitution requirement that the ratio to be not less than 1:4 nor greater than 1:3.
11. The Council Governors positions (Council members) are currently held by Councillors Davey, Cornish and Pocock.
12. Two “Ordinary Governor” Board Members have retired, creating vacancies for two new members.
13. The terms of the Constitution of The Burnside War Memorial Hospital Inc. state:
“New appointments or reappointments for Ordinary Governors shall be made by the Council having regard to recommendations from the Board.”
14. A letter received from Nick Warden, Chief Executive Officer of Burnside War Memorial Hospital Inc is provided in Attachment A which details the process for the determining the Hospital Board recommendation to fill the board vacancies.
15. An advertisement to fill the positions was placed in the Eastern Courier Messenger newspaper in January 2013. A copy of the advertisement is included in Attachment A.
16. There were 14 expressions received, with four applicants being shortlisted and interviewed on 18 February 2013 by a selection panel consisting of Anne Hinton (Hospital Finance Committee Chair), Frank Kite (Hospital Board Chair) and Mark Hender (Hender Consulting – Selection Panel Chair).
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Council Agenda Item 14.3 9 April 2013
17. The Selection Panel recommended to the Board the following two candidates:
Alison Fitzgerald
Craige Whitton
18. A copy of the candidates short profiles are contained within Attachment A.
19. The recommendation was unanimously endorsed by the Board at their Board Meeting on 27 February 2013. The Board recommends these appointments to Council.
20. The Administration has confirmed that the appointments will meet the following constitution requirements of the “Ordinary Governors”:
“Where practicable, and written as criteria, not as rules, the Ordinary Governors, of whom at least two shall be men and at least two shall be women, shall be residents of the Council at the time appointment.”
21. The Constitution also contains the following desirable criteria:
“Based on a twelve member Board, it is desirable that the Ordinary Governors shall compromise:
1. At least one member of a Sub-Branch of the RSL operating in the Council area;
2. At least two medical practitioners;
3. At least one member of the Hospital Women’s Auxiliary.”
22. The Administration has confirmed that the Board meets the desirable outcome of at least two medical practitioners but currently there is no member on the Board who is a member of an RSL. With the Hospital Women’s Auxiliary ceasing in 2005, the third desirable outcome is unable to be achieved.
Conclusion
23. In accordance with the Hospital Constitution, Council endorsement is sought for the appointment of Alison Fitzgerald and Craige Whitton to the Board of Burnside War Memorial Hospital Incorporated.
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Biskup
Attachment A
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Attachment B Extract from Burnside War Memorial Hospital Constitution
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Biskup
Attachment B
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Council Agenda Item 14.4 9 April 2013
Item No: 14.4 To: Council Date: 9 April 2013 Author: Greg Nankervis – Manager, Organisational Development and
Governance Contact: 8366 4203 Subject: CALL FOR NOTICES OF MOTION FOR 2013 NATIONAL
GENERAL ASSEMBLY OF LOCAL GOVERNMENT Attachments: A. Letter received from ALGA: 2013 National General Assembly
of Local Government – Call for Motions Prev. Resolution: N/A
Officer’s Recommendation
1. That the Report be received.
2. That Council proposes the following Notice(s) of Motion for the ALGA 2013 National General Assembly of Local Government:
That …..………
Purpose
1. To advise Elected Members of the call for Notices of Motion for the Australian Local Government Association’s 2013 National General Assembly Meeting to be held in Canberra between 16-19 June 2013.
Strategic Plan
2. The following Strategic Plan provision is relevant:
“Representation that is ethical, respectful, transparent, and instils confidence, reflecting the best interests and values of the community”
Statutory
3. There are no statutory implications or requirements associated with this recommendation.
Policy
4. There are no policy implications or requirements associated with this recommendation.
Risk Assessment
5. There are no risks associated with the recommendation.
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Council Agenda Item 14.4 9 April 2013
Finance
6. There are no financial implications for the City of Burnside in respect of the recommendation.
Discussion
Background
7. The Australian Local Government Association (ALGA) will hold the 2013 National General Assembly Meeting (NGA) from 16-19 June 2013 at the National Convention Centre, Canberra. A letter from ALGA calls for Notices of Motion for the NGA (refer Attachment A).
8. The annual ALGA Conference attracts more than 700 Mayors, Councilors and senior staff from Councils across Australia. This year, the Conference theme will be ‘Foundations for the Future – Twenty 13’.
9. The ALGA is calling for motions that must be received no later than 26 April 2013.
10. To be eligible for inclusion in the NGA Business Papers, motions must follow the principles:
10.1 fall under the NGA theme;
10.2 be relevant to the work of local government nationally; and
10.3 complement or build on the policy objectives of state and territory associations.
11. To assist, a discussion paper is included as an attachment to the letter received from the ALGA (refer Attachment A).
12. The Mayor and Chief Executive Officer are Council’s delegates to the NGA.
Discussion
13. Pages 5-10 of the discussion paper, included in Attachment A gives brief updates on the Financing Local Government, suggested reforms to inter-government transfers, Financial Assistance Grants, Expenditure Priorities and Constitutional Recognition of Local Government.
14. Proposed Notices of Motion are to be forwarded to the ALGA.
15. Council staff will liaise with the ALGA over any proposed motions which Council may put forward.
16. Completed Notices of Motion must be received by the ALGA by 26 April 2013.
Conclusion
17. The ALGA has called for Notices of Motion for its 2013 National General Assembly of Local Government conference to be held at the National Convention Centre, Canberra 16-19 June 2013.
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Attachment A
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Council Agenda Item 14.5 9 April 2013
Item No: 14.5 To: Council Date: 9 April 2013 Author: Nigel Morris – General Manager, Corporate Services Contact: 8366 4124 Subject: MINUTES OF AUDIT COMMITTEE 3 APRIL 2013 Attachments: A. Audit Committee Minutes – 3 April 2013 Prev. Resolution: N/A
Officer’s Recommendation
That the Minutes of the Audit Committee held on Wednesday 3 April 2013 be received.
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Council Agenda Item 14.5 9 April 2013
Audit Committee Meeting Minutes
Wednesday 3 April 2013 at 6.00 pm
Boardroom, 401 Greenhill Road, Tusmore
Members Present: Councillor Osterstock - Chair The Mayor, David Parkin Councillor Cornish Ms Lisa Scinto Mr Andrew Blaskett
Apologies
Nil
Leave of Absence Nil
Confirmation of the Minutes Councillor Cornish moved:
A0291 That the Minutes of the meeting of the Audit Committee held on 6 February 2013 be taken as read and confirmed. Seconded by Mr Andrew Blaskett CARRIED Governance Critical Dates Report Forward Agenda Action List Council Policy Review Tracking Noted
Reports Audit Management Letter 2011/12 – Progress Report (4.5) Mayor Parkin moved:
A0292 That the Report be received. Seconded by Mr Andrew Blaskett CARRIED 82
Biskup
Attachment A
Council Agenda Item 14.5 9 April 2013
Regional Subsidiary 2012/13 Periodical Financial Results (4.1) Mayor Parkin moved:
A0293 1. That the Report be received.
2. That the Audit Committee noted the Reports and that the Committee notes that there are no items of concern for the periods reported to date for the three regional subsidiaries of the City of Burnside.
Seconded by Mr Andrew Blaskett CARRIED Draft Long Term Financial Plan 2014 – 2023 (4.2) Ms Lisa Scinto moved:
A0294 1. That the Report be received.
2. That the Audit Committee endorses the assumptions and drivers inherent in the Draft Long Term Financial Plan 2014 – 2023.
3. That the Long Term Financial Plan be presented to the 23 April 2013 meeting of Council for consideration.
Seconded by Mr Andrew Blaskett CARRIED 2012/13 Work Health and Safety and Injury Management KPI Audit (4.3) Mayor Parkin moved:
A0295 That the Report be received. Seconded by Ms Lisa Scinto CARRIED Risk Register (4.4) Ms Lisa Scinto moved:
A9206 1. That the Report be received.
2. That the Administration continues to provide a Risk Assessment Register to the Audit committee on an annual basis.
3. That the Administration report all new and emerging strategic and operations risks that are rated as High or Extreme to the Audit Committee in accordance with the Risk Policy.
4. The Internal Audit Plan be revised to ensure that the priorities of the risk register have been considered.
5. That the Strategic Risk Register be developed and brought back to the Audit Committee prior to revising the internal audit plan.
Seconded by Mr Andrew Blaskett CARRIED
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Council Agenda Item 14.5 9 April 2013
Review of Council Policy and Procedure – Whistleblowers (4.6) Mr Andrew Blaskett moved:
A9207 1. That the Report be received.
2. That the Audit Committee endorse the draft Whistleblower Policy and Procedure for presentation to Council for consideration.
Seconded by Councillor Cornish CARRIED Asset Revaluation Project – Progress Report (4.7) Mayor Parkin moved:
A9208 1. That the Report be received.
2. That an update on the Asset Revaluation Project be presented to the Audit Committee meeting in June 2013.
Seconded by Ms Lisa Scinto CARRIED
Other Business External Auditor Scope Mr Andrew Blaskett moved:
A9209 That the External Auditors HLB Mann Judd be requested to provide an external audit scope and present at a special meeting prior to commencement of the interim audit. Seconded Ms Lisa Scinto CARRIED
Closure The meeting closed at 7.15 pm.
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Council Agenda Item 14.6 9 April 2013
Item No: 14.6 To: Council Date: 9 April 2013 Author: Louise Miller Frost – General Manager, Community and
Development Services Contact: 8366 4205 Subject: CONTROL AND REGULATION OF SIGNAGE Attachments: Nil Prev. Resolution: CDH0014, 24/4/12
Officer’s Recommendation
That the Report be received.
Purpose
1. To provide Elected Members with information on the control and regulation of signage in the last 12 months.
Strategic Plan
2. The following Strategic Plan provisions are relevant:
“Sustainable, engaging and functional community public spaces and streetscapes”
“Delivery of good governance in Council business”
Communications/Consultation
3. The following communication / consultation has been undertaken:
3.1. Discussions with Regulatory Services and the Compliance Officer in Development Services.
Statutory
4. The following legislation is relevant in this instance:
Local Government Act, 1999
Development Act, 1993
By-Law 2: Moveable Signs
Policy
5. There are no policy implications or requirements associated with this recommendation.
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Council Agenda Item 14.6 9 April 2013
Risk Assessment
6. There are no risks associated with the recommendation.
Finance
7. There are no financial implications for the City of Burnside in respect of the recommendation.
Discussion
Background
8. At the Community Development and Heritage Committee meeting of 24 April 2012, the Committee resolved (CDH0014):
1. That the Report be received.
2. That a two-step approach to compliance with signage regulation is endorsed consisting of:
2.1 an education program in the form of information sheets to those business and residential buildings displaying noncompliant signs; and
2.2 compliance activities for the remaining unauthorised signage.
3. That a review of compliance activities is undertaken in 12 months.
9. The control and regulation of signage is managed between two sections of Council. Regulatory Services manages signage on community land under By-Law 2 Moveable Signs. Development Services manages signage on private land pursuant to the Development Act, 1993.
Regulatory Services
10. Regulatory Services commenced an audit of all moveable signs belonging to business on 26 June 2012.
11. Roads that were inspected were main arterial roads with some other smaller precincts including Greenhill Road, Kensington Road, Magill Road, The Parade, Portrush Road, Glen Osmond Road, Stuart Road, Devereux Road and Dulwich Avenue.
12. For the first part of inspections, signs were inspected for size, number, incorrect construction or permanent placement. Table 1 summarises the number of offences detected (note some businesses had more than one offence).
Table 1 Summary of ByLaw 2 offences detected during the Signage Audit
By-Law Offence No. of offences Incorrect Size 17 Too Many 8 Incorrect construction 5 Permanent Placement 2 Total No Offences 32
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Council Agenda Item 14.6 9 April 2013
13. 27 businesses were found to be non-compliant and were issued a standard letter regarding Council’s audit process and a copy of Council’s Moveable Sign By-Law highlighting the main offence.
14. Businesses were given 14 days to either remove the non-compliant sign or comply.
15. All businesses responded to this approach well and nearly all complied promptly, with only two businesses (one on Greenhill Road and one on Kensington Road) being resistant. Two businesses on Magill Road had their letters issued by mail as they were not open during office hours. They also complied with the instruction.
16. No expiations were issued for non-complying signs.
17. Regulatory Services continues to monitor moveable signs since completing this audit.
18. In addition to the planned audit, Regulatory Services also responded to a number of reports and complaints about moveable signs. Table 2 contains a summary of reports and actions.
Table 2: Regulatory Services, summary of ByLaw 2 reports and responses
Date Complaint Action
22/2/12 Complaint about A-Frame signs placed around Burnside Village on Greenhill Road, Portrush Road and Cator Street.
Businesses were contacted by letter and requested to remove their signs as they were contained within the centre and were unable to advertise on Council land. All complied.
20/5/12 Complaint about a garage sale sign.
Sign was collected and returned to the address located on the sign. No one was home and no further action was taken.
7/6/12 Illegal advertising signs and selling of fruit on the Parade, Kensington Gardens.
Offender was warned on numerous occasions and was expiated for illegal advertising signs. As he continued, he was prosecuted and found guilty.
12/6/12 Complaint about the illegal signage on a trailer near Victoria raceway on Fullarton Rd.
Inspection was undertaken and four businesses were also cited for the same offence of illegal signage. Businesses were requested in writing to remove their trailers/ vans. All complied except Metropolitan Plumbing which was expiated for four vans for illegal signage. Vans were removed and fines were paid.
14/9/12 Complaint about real estate sign at 16 John Street, that it was dangerous and tripping hazard.
Officer inspected and it was deemed satisfactory, no hazard.
19/9/12 Complaint about dangerous lease sign outside a shop on Greenhill Road.
Officer inspected and deemed dangerous. Letter was sent to the owner and requested to remove sign. Sign was removed.
24/9/12 Complaint regarding illegal placement of fitness A-Frame sign on Hallett Road.
Offender was contacted and requested to remove sign as it was not outside their business. Sign was removed.
17/10/12 Complaint about fitness company Banner was removed at Council
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Council Agenda Item 14.6 9 April 2013
A-Frame and Banner at Kensington Gardens reserve.
request but they were allowed 1 moveable sign as it was their place of business approved by Council.
17/12/12 Request to remove Croation Fete illegal sign from Linden Gardens.
Sign removed by Council.
19/1/13 Complaint about adult products shop A-frame and content displayed on sign.
Inspection undertaken and sign was deemed acceptable.
19/3/13 An Asian restaurant on Linden Avenue had illegal placed sign on Greenhill Road.
Inspector spoke to the owner, By-Laws provided and sign was removed.
21/3/13 Inspector sighted numerous signs for a local business distributed in various locations.
Owner was provided with a copy of the By-Laws. Inspectors will monitor for compliance.
Development Services
19. Signage compliance in Development Services is undertaken by the Compliance Officer. Signage managed under the Development Act, 1993 refers to signage on private land and may include fixed or portable signage.
20. Signage issues reported under the Development Act, 1993 are first researched so as to determine what signage has previously been approved in previous years (files over one year old are stored in off-site archives and require retrieval). On some occasions, many files (over a large period of time) need to be recalled and searched.
21. Some signage reported or identified for investigation has proven to be in compliance with previous approvals and the case is closed.
22. Illegal signage that has been in place for three years or more may be unactionable without approval from the Attorney General.
23. Effort has been made to deal with businesses equitably, and hence when a report has been received about one particular business where there are clearly other businesses in the same vicinity that appear to have unauthorised signage, the Compliance Officer will research all of the local businesses and respond to them at the same time.
24. A number of signage issues that have been reported are still under investigation and a number of areas have been noted for future audits including lower Kensington Road, Glen Osmond Road and Portrush Road.
25. Table 3 contains a summary of signage reports in the past 12 months that have been dealt with or are being dealt with under the Development Act, 1993.
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Council Agenda Item 14.6 9 April 2013
Other
26. Additionally, one report regarding signage at a Council owned tennis court was dealt with under the terms of the leasing agreement with the tennis club. As a result, all tennis clubs leasing Council-owned courts were advised in writing about the signage issue.
Conclusion
27. Control and regulation of signage continues through the Regulatory Services and Development Compliance functions, with the vast majority of businesses complying or responding quickly to advice from Council.
91
92
Meeting Agenda Item 14.7 9 April 2013
Item No: 14.7 To: Council Date: 9 April 2013 Author: Louise Miller-Frost – General Manager, Community and
Development Services Contact: Maggie Wood – Manager, Community Engagement
(8366 4229) Subject: DRAFT PUBLIC CONSULTATION POLICY – CONSULTATION
RESULTS Attachments: A. Advertiser Advertisement
B. Messenger Advertisement C. Full copy of Unedited Responses D. Current Public Consultation Policy E. Draft revised Public Consultation Policy
Prev. Resolution: C9006, 29/1/13
Officer’s Recommendation
1. That the Report be received
2. That the Public Consultation Policy be endorsed.
Purpose
1. To provide Elected Members with the results of the draft Public Consultation Policy consultation.
Strategic Plan
2. The following Strategic Plan provisions are relevant:
“A community that can access a range of information, services and opportunities that enhance their lives”
“Our community is actively engaged and involved in shaping the City’s future”
Communications/Consultation
3. The following communication / consultation has been undertaken:
3.1 Discussions with the general public via Engage.Burnside.
Statutory
4. The following legislation is relevant in this instance:
Local Government Act, 1999
93
Meeting Agenda Item 14.7 9 April 2013
Policy
5. The following Council Policy is relevant in this instance:
Public Consultation Policy
Risk Assessment
6. The following risks have been identified:
6.1 Risk associated with not going to consultation would result in a contravention of the instructions of the Local Government Act, 1999.
Finance
7. There are no financial implications for the City of Burnside in respect of the recommendation.
Discussion
8. Under section 50 of the Local Government Act, 1999:
(5) A council may from time to time alter its public consultation policy, or substitute a new policy.
(6) However, before a council—
(a) adopts a public consultation policy; or
(b) alters, or substitutes, a public consultation policy, the council must—
(c) prepare a document that sets out its proposal in relation to the matter; and
(d) publish in a newspaper circulating generally throughout the State and in a newspaper circulating within the area of the council a notice of the proposal inviting interested persons to make submissions on the proposal within a period (which must be at least one month) stated in the notice; and
(e) consider any submissions made in response to an invitation under paragraph (d).
9. The changes proposed to the draft Public Consultation Policy were considered substantial and hence the draft Policy was approved for consultation. At the meeting of 29 January 2013, Council resolved (C9006):
1. That the Report be received.
2. That the draft Public Consultation Policy be endorsed for public consultation as required by section 50 of the Local Government Act, 1999.
10. The consultation began on 11 February 2013 and concluded on 15 March 2013.
11. The consultation survey was distributed through Engage.Burnside and advertised on the City of Burnside website, in the Advertiser on 13 February 2013 (refer Attachment A) and the Eastern Courier Messenger on 20 February 2013 (refer Attachment B).
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Meeting Agenda Item 14.7 9 April 2013
12. There were nine responses.
13. During the period of the consultation. there were 54 document downloads of the draft Public Consultation Policy 2013 from the Engage.Burnside website. It is generally acknowledged that a high level of document downloads in proportion to a lower amount of responses indicates a general satisfaction with the document.
14. Across the survey, the main topics themes and trends of the comments were as noted below:
14.1 Concerning the Policy:
14.1.1 desire that care be taken in design of consultations so as not to skew results;
14.1.2 fears of too much consultation (‘overkill’); and
14.1.3 desire to see rationale for Council’s final decision in feedback on consultation.
14.2 Other suggestions:
14.2.1 desire to see plain English used on all Council material; and
14.2.2 suggestion to use retirees as experts on Council projects.
15. A copy of all unedited responses is attached for Council’s consideration (refer Attachment C).
16. No further changes are recommended to the draft Policy previously circulated as a result of this consultation, although the Administration takes on board the feedback regarding ensuring results are not skewed, over-consultation and plain English.
Conclusion
17. Consultation has been undertaken on the draft Public Consultation Policy as specified in Section 50 of the Local Government Act.
18. It is recommended that Council endorses the Policy.
95
To:
CityofBurnside
From:
120
Telephone:08
83664200
AdDetails:
Publication:ADV
PublishingDates:1x
13feb13
ReferenceNo:3112083V2
Classification:PUBLNOTICE
Size:
XTotalCost:$161.00
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96
Biskup
Attachment A
97
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Attachment B
Attachment C Draft Public Consultation Policy Consultation Results Comments (unedited) 1. Public consultation is most important. What is even more important is the drafting of the public consultation document so as the document cannot be written in such a way as to provide answers that will be favourable to a non disclosed pre determined outcome. The only way to do this is to have more free text dialogue boxes so as answers can be given that accurately describe the person's feelings/thoughts about the matter(s) being discussed. This, unfortunately, will make it a slightly more difficult document from which to collate the information but, it will ultimately provide a more realistic result that should make for less confrontation. 2. Consulting us over a 7 page draft policy on consultation - wow!! Is it a good policy? Is motherhood good? Is the White house white? Consultation is great but frankly this policy is overkill and you wil be consulting people to death over all manner of stuff while Council is missing a most important point about its failed administration performance in implementing policy. 3. What is of great concern is that even if the resultant policies are good, in my experience (as a former Mayor of another Council, as President of a major local Sporting Club and as a ratepayer), the Council administration is frequently incompetent and ignores or fails to implement Council policy. Example 1 - a year to process a Club development application and then admin sought to re-start the process because of a process error - over-ruled by Council at a special meeting for the purpose. Example 2 - the Burnside Development Plan at page 84 speciifes maximum plot ratios for The Northern Hiills Region 9 of 33% (ie cannot build over more thasn 33% of the site area) but Council planning staff have recommended or approved up to 70% coverage for student boarding house activities despite protests from adjacent residents with devaluation effects on adjacent properties. Multiple cars are routinely parked on footpaths and in contravention of Council parking regulations with no action by Council parking inspectors. ALL GREAT POLICIES BUT NEAR WORTHLESS IN PRACTICE BECAUSE OF COUNCIL ADMINISTRATION FAILINGS!!! 4. Whilst consultation policy of comprehensive and thorough, the clause that states 'will not determine the outcome' is probably what this seems to be about - we'll let you know, listen to you, read your comments, talk to you BUT in the end we will make our own minds up! Maybe there should be a section on addressing the feedback, providing rationale to the final outcome in terms of the feedback. In my experience, consultation is often instigated after research into the proposal has already been done and is merely the 'process' to follow for appearances and protocol where the outcome or at least 1 of 2 predetermined outcomes is confirmed.
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Attachment C
5. Philosophy is admirable,but your policy document is the typical bafflegab we expect from local government. Employ someone who can translate your policies,minutes,agendas,rules,regulations,PR,website,newsletters,ads etc. into plain,simple,compelling English & you really would become a leading local authority. Only needs some vision & commonsense! Scarce commodities today,but can be hired. Your new senior managers titles,for example,seem meaningless --- for what areas,precisely,are these managers responsible? If 'planning',call it that! Council officers like Paul Deb & Magnus Heinrich I have found to be very good personal communicators indeed. Why not then BCC as a whole? 6. The policy reads fine. I would like to see something regarding issues affecting individuals and individual householders be considered on an individual basis, Are you able to provide exemplars of where the council has successfully applied the policy ? Ie the implementation of the new rubbish bins ,the parking on the curb policy? 7. After reading the consultation policy I feel it is important that people in the community who have the expertise in areas of current interest could be contacted specifically with regard to that particular project. The council should research what expertise that is available to them in our district and get a group of people that could be consulted with regard to individual projects to assist with final decisions. This should be done within the council rate payers who have an interest in the particular project, that may be able to provide valuable information and solutions to get the project to its best conclusion. This council area has huge amounts of experienced retired people in many areas, and it is a resource that could be used to help the council to make the decisions on various projects and keep the rate payers involved, informed and contributing to the council decisions for the betterment ofthe community. 8. I am puzzled that none of the methods of consultation communication at any of the 5 levels in the policy document committed Council Staff to emailing those of us who had provided our email addresses to Council Staff at their request for consultation purposes. Email has no marginal cost. I am now not sure what the purpose of providing a consultation email address to staff was? 9. Good Morning. # 1. The Regulations read beautifully etcetera down to Attachement B Level 1 where tha aim is to " Empower the Community. " But they are just sophisticated words written by a wordsmith. We want common words and commonsense, backed up with commercial financial decisions, to keep Burnside on a strong financial footing. There should not be an Inter Council competition to have the best of everything. # 2. There are far too many regulations. In my view < 5% really want to get involved, same as State & Federal Govts. It follows this " noisy minority " probably
99
nearly always get their way! # 3. My personal disappointment is I could not find, in the link, any reference that the Council has to balance their expenditure with their Rate Income. This is a fundamental business principle! Refering to Section 4.1.5....ratepayers' are asked about expenditure, I have yet to read where the Council's plans have changed as a result of the consultation. Certainly, in FY 2013 some have been defered. More should have been too, so there was a planned positive cash flow. In other words, Council staff still end up doing what they want to do. This has been my disappointment and I suspect many others, for years. All I and my friends ask, is to try and change the mindset and look upon the Council as an ASX Company, responsible to the Share/ Rateholders! Rate revenue is far greater than many listed entities. What is wrong with budgeting for a surplus? 10. Seems good in theory, the problem that I can see is that excess consultation can delay decision-making, or fragment the decision-making with too many differing opinions.
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Community Engagement
Classification: Council Policy
Policy Name: Community Engagement
First Issued / Approved: 20 October 2009 CS1701
Last Reviewed: N/A
Next Review: October 2011
DWS tracking number: 986669
Responsible Officer: Manager Community Relations
Relevant Legislation: S50 Local Government Act 1999
Related Policies: Introduction The intent of this Policy is to: provide a consistent and appropriate approach to inform the community about proposed Council activities and initiatives; and enable a genuine exchange of information and points of view between decision makers and people affected by and interested in a matter before a decision is made. Strategic Plan Desired Outcomes A community that is confident its views are heard, understood, genuinely valued and reflected in Council business. Our Approach Facilitate the involvement of the community in Council’s decision making processes. Legislative Requirements and Corporate Policy Context The City of Burnside is committed to achieving a best practice standard on community consultation issues. Under Section 50 of the Local Government Act 1999, Council is required to adopt a community consultation policy. The Local Government Act 1999 also requires a Council to consult on a variety of activities, including:
• determining the manner, places and opening hours of its office (Section 45); • adoption or variation of a public consultation policy (Section 50); • adoption, alteration or substitution of the Code of Practice for access to meetings
and documents (section 92); • development and review of Strategic Management Plans (Section 122); • excluding land from classification as community land (Section 193); • revoking the classification as community land (Section 194); • Preparing and adopting a management plan for community land (section 197);
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Attachment D
• amending or revoking a management plan for community land (section 198); • alienation of community land by lease or license (Section 202); • authorisation and permit for use of a road (Section 223); • annual business plans and budgets (Section 123); • basis of rating land (section 151); • basis of differential rates (section 156); and • planting vegetation where it will have a significant impact on residents, the
proprietors of nearby businesses or advertisers (Section 232). Other forms of consultation are required in respect to:
• representation Reviews (section 12) • status of Council or Name Change (Section 13) • commercial Activities – Prudential Arrangements (Section 48) • making Bylaws (Section 249) • preparation or amendment of Order Making Policy (Section 259)
In relation to building and development, the prescribed level of consultation can be found in Section 38 of the Development Act 1993 and Part 6 of the Development Regulations 2008. Consultation processes identified in this Policy will include any prescribed statutory requirements. In the event of any inconsistency between an act of parliament and this policy, the Act prevails. To view current requirements, please visit www.legislation.sa.gov.au Policy Engagement and public participation Community engagement, or public participation as it is often referred to, is defined by the International Association of Public Participation as any process that involves the public in problem-solving or decision making and uses the public input to make more informed decisions. This includes decisions that directly impact upon living, working, playing, studying, or using services within our City. Community engagement uses a variety of promotional tools to raise the level of community awareness and inform them about an upcoming decision making process and encouraging their participation. These tools include advertisements, banners, posters, flyers etc. Using these methods is the lowest level of community engagement (informing) and remain part of the process in higher levels of community engagement, complementing other engagement techniques. Engaging with the community is more than just consulting. Engaging with the community also includes informing, involving, collaborating with, and empowering the community. For the purposes of this policy, ‘community’ refers to individuals or groups associated with the Burnside Council including, but not limited to, residents, ratepayers, businesses, shopkeepers and business associations, community groups and organisations, emergency services, educational institutions and churches. The table below shows the different levels of community engagement and the amount of influence the community can have regarding final decisions that can be utilized by Council in helping make decisions on behalf of the community.
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Different techniques and levels of engagement will be appropriate depending on:
• Statutory requirements; • The nature of the matter being addressed; • The significance of the decision to be made; and • The stage in the project’s life.
There may also be different levels of engagement with various stakeholder groups, according to their needs, interest and concerns. The International Association for Public participation (IAP2) defines five levels of public participation, and Burnside Council’s policy reflects this best practice. This policy will apply to both consultation undertaken by Council staff or by consultants engaged by Council. Where public consultation is required by the Local Government Act 1999, the minimum requirements stated in the Act are:
a) The publication in a newspaper circulating within the area of the Council of a notice describing the matter under consideration and inviting interested persons to make submissions in relation to the matter within a period (which must be at least 21 days) stated in the notice; and
b) The consideration by Council of any submissions made in response to an invitation under paragraph (a)
Council Members are elected to govern every four years by fellow ratepayers and residents and through the Local Government Act, are empowered and required to make decisions on their behalf. Council staff makes recommendations to Council members, but final decisions
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and accountability rests with Council. Community engagement does not remove these roles but it increases opportunities for the community to provide advice and influence planning. Depending on the topic, the Local Government Act or other relevant Acts will specify additional requirements for community consultation. Council and/or the administration can decide to include additional consultation techniques and exceed the legislative requirements. Roles and Responsibilities The Elected Council is responsible for making decisions on the community’s behalf. Community consultation is an important mechanism in understanding the wishes of the residents of Burnside, and this feedback forms part of Council’s decision-making process. Consultation enhances the quality of decision-making and strengthens democracy. As elected community leaders, Councillors must also recognise their important role in facilitating robust dialogue and engagement with their constituents. Council administration will be responsible for organising community consultation, recording all submissions and compiling the findings into a report for the elected council. While Council administration will recommend a level of consultation, approval of the amount and type of consultation undertaken rests with the elected council. Council’s Community Engagement Policy is available for inspection without charge at the Council Office, 401 Greenhill Road, Tusmore. The policy may also be downloaded from Council’s website (www.burnside.sa.gov.au) free of charge. A hard copy can also be obtained from the Civic Centre. The Local Government Act provides for the charging of a nominal fee for the provision of a printed copy. Consultation Methods Options for informing/ consulting with the community include, but are not limited to:
• preparation and distribution of newsletters or leaflets; • inclusion of information in the quarterly Council Newsletter; • direct mail publications or letterbox drops; • advertising in the Eastern Courier Messenger; • advertising in the Advertiser, Sunday Mail or Independent Weekly • advertising in trade/ industry or other similar publication as appropriate • advertising on radio • advertising on television • advertising on the Burnside community bus • advertising banners on Council locations • advertising on non Council owned property (ie billboards, bus stops, taxis) • publication in the Government Gazette • inclusion in the fortnightly Council Messenger column; • regular media releases and briefings; • community forums and stakeholder meetings; • market research or surveys; • focus groups; • through the Burnside Council website; • use of the on-line community panel; • general fixed displays (notice boards and posters); • preparation of specific displays for use in Council facilities or community venues; • preparation of discussion papers or documents;
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• ward forums; • interviews; • promotional material included in rates notice; • tours/ Field Trips; and • use of technical/ advisory committees. Community Engagement Levels Level 1 – inform the community This first level of consultation aims to provide the public with information about upcoming activities by Council or clarifying issues, changes or solutions decided by the Council. Council informs or tells the community about a decision that has happened; and/or about something that is going to happen and how. Essential engagement activities: Comply with legislative consultation requirements Optional: Recommended tools or techniques that could be selected from (but not limited to): • Advertising in the Eastern Courier Newspaper • Other forms of advertising (specify) • Item in the Council Messenger Column • Council Website • Letterbox drops (local area) • Displays • Promotional material at the Civic Centre • On site signage • Newsletter articles • Media releases A budget to undertake Level 1 engagement should also be endorsed by Council. Level 2 – consult with the community This second level of consultation aims to obtain public feedback on analysis, alternatives or decisions of Council. Council asks and listens to the community if they have ideas to improve something; which option they prefer; or what would happen if we made a certain decision. Essential engagement activities: Comply with legislative consultation requirements Optional: Recommended tools or techniques that could be selected from (but not limited to): • Advertising in the Eastern Courier Newspaper • Other forms of advertising (specify) • Item in the Council Messenger Column • Website • Letterbox drops • Displays • On site signage • Promotional material at the Civic Centre • Newsletter articles • Media releases • Public meetings • On line panel • Ward forums
105
• Surveys A budget to undertake Level 2 engagement should also be endorsed by Council. Level 3 – involve the community This third level of consultation expands on previous levels, and aims to work directly with the public during the formulation process to ensure that their concerns/ ideas are understood and considered. Council includes the community in planning and implementation; or asks how they would like to proceed with something before a final decision is made. Essential engagement activities: Comply with legislative consultation requirements Optional: Recommended tools or techniques that could be selected from (but not limited to): • Advertising in the Eastern Courier Newspaper • Other forms of advertising (specify) • Item in the Council Messenger Column • Website • Letterbox drops • Displays • On site signage • Promotional material at the Civic Centre • Newsletter articles • Media releases • Public meetings • On line panel • Ward forums • Surveys • Interviews • Focus groups • Individual letters (not generic mail out) to key parties A budget to undertake Level 3 engagement should also be endorsed by Council. Level 4 – collaborate with the community This fourth level of consultation aims to work with stakeholders in each aspect of the decision, including the development of alternatives, the identification of a preferred solution and incorporating your comments into the decision process. Council works together with the Community to find solutions, taking into account information that leads to an agreed outcome. Essential engagement activities: Comply with legislative consultation requirements Optional: Recommended tools or techniques that could be selected from (but not limited to): • Advertising in the Eastern Courier Newspaper • Other forms of advertising • Item in the Council Messenger Column • Website • Letterbox drops • Displays • On site signage • Promotional material at the Civic Centre • Newsletter articles • Media releases
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• Public meetings • On line panel • Ward forums • Surveys • Interviews • Focus groups • Individual letters (not generic mail out) to key parties • Preparation of discussion papers • Presentations by independent experts • Open days • Field trips/ site visits A budget to undertake Level 4 engagement should also be endorsed by Council. Level 5 – empower the community This fifth level of consultation aims to place the decision making process in the hands of the public. The community are provided with the skills, information, authority and resources in order to make the final decision, and as long as it meets any statutory or safety requirements and is socially and economically responsible, Council will implement their decision. Essential engagement activities: Comply with legislative consultation requirements Optional: Recommended tools or techniques that could be selected from (but not limited to): • Advertising in the Eastern Courier Newspaper • Other forms of advertising (specify) • Item in the Council Messenger Column • Website • Letterbox drops • Displays • On site signage • Promotional material at the Civic Centre • Newsletter articles • Media releases • Public meetings • On line panel • Ward forums • Surveys • Interviews • Focus groups • Individual letters (not generic mail out) to key parties • Preparation of discussion papers • Presentations by independent experts • Open days • Field trips/ site visits • Technical Advisory Committees • community group working party A budget to undertake Level 5 engagement should also be endorsed by Council.
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Using the Community Engagement Policy It is Council’s prerogative to establish the level and type of engagement required when consulting with the community. The engagement level will need to include, at a minimum, any statutory requirements relating to that activity. Consistency is important when undertaking community engagement. Where possible, when considering levels or techniques for a particular activity, Elected Members and Administration should consider any similar consultation activities recently undertaken, the engagement level employed, and whether it was appropriate and effective. The Engagement Policy will be applied to any matter where consultation is required by legislation, council policy or when Council considers this to be appropriate. The City of Burnside reserves the right to review or alter the elements of the process to suit the requirements of any particular issue. Each level of communication will bring a different level of expense required to undertake it. Any Council recommendation seeking community engagement should include a budget figure. If this engagement activity was unbudgeted for, a variation to the department budget will be sought from Council as part of the next quarterly budget process. The Elected Council is responsible for making decisions on the community’s behalf. Community engagement provides an opportunity for the public to influence an outcome. However, Council must also consider these findings together with other information such as costs and benefits, social, cultural, economic and environmental well being, technical advice and other plans and advice when making a decision. Final decisions and accountability rests with Council.
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City of Burnside Policy Manual Page 1
Public Consultation
Classification: Council Policy
Policy Name: Public Consultation
First Issued / Approved: 20 October 2009 CS1701
Last Reviewed: January 2013
Next Review: January 2014
DWS tracking number: 986669
Responsible Officer: General Manager, Community and Development Services
Relevant Legislation: Section 50 of the Local Government Act 1999 Section 38 of the Development Act 1993 Part 6 of the Development Regulations 2008
Related Policies: Nil
Attachments A – IAP2 Public Participation Spectrum
B – Consultation Methods and Decision-making
1. Introduction
1.1 Section 50 of the Local Government Act, 1999 requires Council to adopt a Public Consultation Policy.
1.2 This Policy provides a consistent and appropriate approach to informing and
involving the community in the decision making of Council. It is recognised that high quality public consultation is critical to the successful development of sustainable policies and decisions by Council. Public consultation also recognises the importance placed on the involvement of our community in the work of council and recognises the valuable contribution of members of our community to the well-being of our city.
1.2 This Policy applies to Elected Members, employees, contractors and agents or
consultants acting on behalf of Council. 2. Strategic Plan Desired Outcomes
2.1 Our Community is actively engaged and involved in shaping the City’s future. 3. Our Approach
3.1 Provide a range of opportunities for the community to actively engage and participate in Council’s decision making activities.
3.2 Improve the Council’s understanding of community views and our performance as rated by the Burnside community.
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Attachment E
City of Burnside Policy Manual Page 2
4. Legislative Requirements
4.1 The City of Burnside is committed to achieving a best practice standard on Public Consultation issues. Under Section 50 of the Local Government Act 1999, Council is required to adopt a public consultation policy. The Local Government Act 1999 also requires a Council to consult on a variety of activities, including: 4.1.1 Determining the manner, places and opening hours of its office (Section
45); 4.1.2 Adoption or variation of a public consultation policy (Section 50); 4.1.3 Adoption, alteration or substitution of the Code of Practice for access to
meetings and documents (Section 92); 4.1.4 Development and review of Strategic Management Plans (Section 122); 4.1.5 Annual business plans and budgets (Section 123); 4.1.6 Basis of rating land (Section 151); 4.1.7 Basis of differential rates (Section 156); 4.1.8 Excluding land from classification as community land (Section 193); 4.1.9 Revoking the classification as community land (Section 194); 4.1.10 Preparing and adopting a management plan for community land (Section
197); 4.1.11 Amending or revoking a management plan for community land (Section
198); 4.1.12 Alienation of community land by lease or license (Section 202); 4.1.13 Authorisation and permit for use of a road (Section 223); and 4.1.14 Planting vegetation where it will have a significant impact on residents, the
proprietors of nearby businesses or advertisers (Section 232).
4.2 Other forms of consultation are required in respect to:
4.2.1 Representation reviews (Section 12) 4.2.2 Status of Council or Name Change (Section 13) 4.2.3 Commercial activities – Prudential Arrangements (Section 48) 4.2.4 Making By-Laws (Section 249) 4.2.5 preparation or amendment of Order Making Policy (Section 259)
4.3 In relation to building and development, the prescribed level of consultation can
be found in Section 38 of the Development Act 1993 and Part 6 of the Development Regulations 2008.
4.4 Consultation processes identified in this Policy will include any prescribed
statutory requirements. In the event of any inconsistency between an act of parliament and this policy, the Act prevails. To view current requirements, please visit www.legislation.sa.gov.au
5. Policy
5.1 Council Members are elected to govern every four years by fellow ratepayers and residents and through the Local Government Act, are empowered and required to make decisions on their behalf. Council staff makes recommendations to Elected Members, but final decisions and accountability rests with Elected Members. Public consultation does not remove these roles but it increases opportunities for the community to provide advice and influence decision-making.
5.2 The City of Burnside is committed to effective, ongoing and timely public consultation as an integral part of local governance and key decision making.
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City of Burnside Policy Manual Page 3
5.3 Council will be proactive in informing and seeking the views of its community, ensuring appropriate strategies are developed to maximise the opportunities for participation by all members of the community.
5.4 Council will at all times undertake the requirements for public consultations as specified in the Local Government Act 1999 or any other relevant Act.
5.5 The results of public consultation processes are a vital part of the information that will be considered during decision-making processes, but will not necessarily determine the outcome.
5.6 Public consultation techniques will be selected to fulfil the implied or specified promise of the defined engagement process as described in the principles of the International Association for Public Participation (IAP2) (attachment A).
5.7 Council will define the parameters of the public consultation process for each specific topic, in line with legislative requirements and best practice, and in accordance with the size, cost, strategic importance and perceived level of community interest in the subject being consulted upon. Appropriate consultation methods to meet the defined parameters, subject matter, information required, level of interest and community needs, for each consultation will be chosen from the list at Attachment B.
5.8 For the purposes of determining the period of public consultation, consideration will be given to avoiding school holidays, Christmas and New Year periods unless there are compelling reasons for a consultation to be held during these times. The period of consultation will be a minimum of 21 days consultation unless legislatively required to be a different length.
5.9 Council acknowledges that there are many sections of the community that may have different levels of interest in an individual issue. Consultation strategies will be tailored accordingly.
5.10 Where significantly different groups of stakeholders have an interest in issues around a consultation, results will be assessed and reported in stakeholder groups as well as an aggregated total.
5.11 Consultation methods will require the name, address and where relevant, stakeholder group to be included in any responses, including telephone, electronic and written responses. This will enable residents, ratepayers, businesses, members of social, sporting and service clubs, and other interested parties to be separately identified and data aggregated separately. Names and addresses of respondents will remain confidential unless legally required to be disclosed.
5.12 Council may, where appropriate, give weighting to the feedback and opinions of those residents most affected by the issue/s under consultation.
5.13 Council will make available the results of consultations on the Council website and where appropriate on the engage.burnside website.
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City of Burnside Policy Manual Page 4
Attachment A
112
City of Burnside Policy Manual Page 5
Attachment B
A variety of methods may be used to consult with the public. Methods should be chosen considering a number of factors:
• Size (numbers) and geographic location of population targeted • Segmentation of population targeted • Format preferences of targeted population • Any barriers to participation • Legislative requirements • Purpose of consultation (according to IAP2 Public Participation Spectrum, Attachment
A) • Type of information / response required • Stage of project / issue to be consulted upon • Cost of project / issue to be consulted upon • Strategic importance of project / issue to be consulted upon • Perceived level of community interest in project / issue • Need for statistical validity • Cost of consultation methodologies
The range of methods available for use includes, but is not limited to: Level 1. Inform the community One-way communication to tell the community something.
• Advertising in Messenger Press or other newspaper • Distribution of leaflets / newsletters • Messenger Column • Council website • On-site signage • Media releases • Promotional displays at Civic Centre and/or other Council venues
Level 2. Consult with the community Two-way communication requiring both a level of awareness-raising on the issue and the consultation and a method of receiving responses and information from the community
• Advertising in Messenger Press or other newspaper • Distribution of leaflets / newsletters • Messenger Column • Council website • On-site signage • Media releases • Promotional displays at Civic Centre and/or other Council venues • Engage.burnside or other online forum • Ward forums • Telephone surveys • Other surveys
Level 3. involve the community Community input and opinion is included in the planning, implementation or decision-making on an issue. This requires both awareness raising and two-way communication, but also an ability to gauge more in-depth information and may occur at an earlier stage in a project.
• Advertising in Messenger Press or other newspaper
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• Distribution of leaflets / newsletters • Messenger Column • Council website • On-site signage • Media releases • Promotional displays at Civic Centre and/or other Council venues • Engage.burnside or other online forum • Ward forums • Telephone surveys • Other surveys • Public meetings • Interviews • Focus groups • Individual letters to specific interested parties
Level 4. collaborate with the community Council aims to work with the affected community or stakeholders to identify a preferred solution.
• Advertising in Messenger Press or other newspaper • Distribution of leaflets / newsletters • Messenger Column • Council website • On-site signage • Media releases • Promotional displays at Civic Centre and/or other Council venues • Engage.burnside or other online forum • Ward forums • Telephone surveys • Other surveys • Public meetings • Interviews • Focus groups • Individual letters to specific interested parties • Preparation of discussion papers • Presentations by independent experts • Open days • Field trips / site visits
Level 5. empower the community At this level the decision-making process is in the hands of the community.
• Advertising in Messenger Press or other newspaper • Distribution of leaflets / newsletters • Messenger Column • Council website • On-site signage • Media releases • Promotional displays at Civic Centre and/or other Council venues • Engage.burnside or other online forum • Ward forums • Telephone surveys • Other surveys
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• Public meetings • Interviews • Focus groups • Individual letters to specific interested parties • Preparation of discussion papers • Presentations by independent experts • Open days • Field trips / site visits • Technical advisory committees • Community group working party
115
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Council Agenda Item 14.8 9 April 2013
Item No: 14.8 To: Council Date: 9 April 2013 Author: Kevan Delaney – Manager, Engineering Services Contact: 8366 4257 Subject: PROPOSED EASEMENT – 592 GREENHILL ROAD, BEAUMONT Attachments: A. Location Plan Showing Proposed Easement Prev. Resolution: N/A
Officer’s Recommendation
1. That the Report be received.
2. That Council endorse the proposed 3.0 metre wide easement and the installation of a drainage pipe at 592 Greenhill Road, Burnside at an approximate cost to Council of $25,000.
3. That the Mayor and the Chief Executive Officer are authorised to sign and affix the City of Burnside seal to documentation related to the creation of the easement.
Purpose
1. To seek Council’s endorsement for the creation of an easement and to fund the installation of a new drainage pipe at 592 Greenhill Road, Burnside.
Strategic Plan
2. The following Strategic Plan provisions are relevant:
“A safe and well maintained standard of infrastructure consistent across the City”
“Leading best practice and compliance in Council business”
Communications/Consultation
3. The following communication / consultation has been undertaken:
3.1. Consultation and agreement from the property owner at 592 Greenhill Road, Burnside.
Statutory
4. The following legislation is relevant in this instance:
Local Government Act, 1999
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Council Agenda Item 14.8 9 April 2013
Policy
5. There are no policy implications or requirements associated with this recommendation.
Risk Assessment
6. There are no risks associated with the recommendation.
Finance
7. The following financial issues have been identified:
7.1. The processing costs to create an easement are approximately $3,000 and can be funded from the existing Engineering Services drainage capital budget. If Council purchased the easement, the estimated cost based on an assumed land value of $500/m2 is approximately $22,000. The owner of 592 Greenhill Road, Burnside is willing to give to Council the easement for no monetary consideration, in exchange for the installation of the drainage pipe.
7.2. The extension of the pipe within the road and the property is estimated to be $25,000 if undertaken before final landscaping of the property (under development). There are sufficient surplus within the capital program to fund the works in the current financial year 2012/2013.
Discussion
Background
8. Council maintains a drainage pipe through the properties between Greenhill Road and Kings Avenue, Burnside as shown in Attachment A. There is no drainage easement through the two properties from the Reserve to Greenhill Road.
9. There is a lined open drain along the eastern boundary of 592 Greenhill Road, Burnside that caters for water and the inlet exits the property at an angle along the northern boundary (Greenhill Road).
10. The owner of 592 Greenhill Road, Burnside is constructing a new house on the property and will undertake landscaping works that may involve the removal of the open lined drain.
11. Except in the cases of Council having an easement or some other legal agreement with the property owner, any Council infrastructure located on private property is located at the owner’s discretion. Legal advice indicates that they may remove or alter the infrastructure if they so desire.
12. The owner of 592 Greenhill Road, Burnside contacted the Administration with respect to addressing the open drain and pipe as part of their development. The Administration advised that without an easement, Council would not extend the inlet pipe as requested. The Administration proposed to install a pipe at Council’s convenience on the proviso that an easement is granted in return. As the owner’s property is in construction and the fence will be replaced when the building is complete, it would save Council additional reinstatement costs if the works are completed during construction.
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Council Agenda Item 14.8 9 April 2013
13. The owner of 592 Greenhill Road, Burnside has amended his survey to illustrate an easement and offered to register the easement should Council agree to install the pipe as discussed.
14. This Report is to seek Council’s endorsement of accepting the easement, for no monetary consideration, and to install the pipe with surplus funds from the Engineering services capital works program.
Analysis
15. Historically, when an owner grants a drainage easement for no compensation, Council provides an incentive to the landowner through the installation of the stormwater pipe. As the construction of the house is underway, it is the most opportune time for the installation of the pipe.
16. It is proposed that the open drain be converted to a drainage pipe subject to the creation of an easement or a binding agreement between Council and the property owner to create that easement.
Conclusion
17. Council maintains a preference for easements through private properties to ensure that Council infrastructure can be maintained by Council to perform as designed, for the benefit of the stormwater system in its entirety. It will also ensure that the drain pipe remains in place for the future. An easement gives Council the right to undertake maintenance or to replace the pipe as and when necessary.
18. The Administration recommends the creation of the easement and that Council install the pipe to offset the cost of the easement. Due to the timing of the construction on 592 Greenhill Road, Burnside, it is further recommended that the construction take place as soon as practical.
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Council Agenda Item 14.8 9 April 2013
Location Plan and Detail
Easement location
120
Biskup
Attachment A
C/- 21 Rundle Street, Kent Town SA 5067 Ph: 08 8363 9100 Fax: 08 8363 9725
HIGHBURY LANDFILL AUTHORITY Member Councils: ● City of Burnside ● City of Norwood, Payneham & St Peters ● Corporation of the Town of Walkerville
AGENDA
ORDINARY MEETING OF THE BOARD OF THE
HIGHBURY LANDFILL AUTHORITY
1:00pm, Thursday, 14th March 2013 at the Rising Sun Inn,
60 Bridge Street, Kensington
1. APOLOGIES 2. CONFIRMATION OF THE PREVIOUS MINUTES RECOMMENDED: That the minutes of the Ordinary Board Meeting held on
Thursday, 11 December 2012 be taken as read and confirmed (Attachment 1). 3. BUSINESS ARISING FROM PREVIOUS MINUTES 4. EXECUTIVE OFFICER’S REPORT Please refer to the EO’s Report (Attachment 2).
RECOMMENDED: That the Executive Officer’s Report be received. 5. ANY OTHER BUSINESS 6. DATE AND TIME OF NEXT ORDINARY BOARD MEETING
The Board Meeting Calendar for 2013 is at Attachment 3.
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HIGHBURY LANDFILL AUTHORITY Member Councils: ● City of Burnside ● City of Norwood, Payneham & St Peters ● Corporation of the Town of Walkerville
C/- 21 RUNDLE STREET
KENT TOWN SA 5067
TEL: 8363 9100
FAX: 8363 9725
M: 0419 846498
EMAIL: [email protected]
MINUTES OF THE ORDINARY MEETING OF THE
BOARD OF THE HIGHBURY LANDFILL AUTHORITY
12 Noon, 11th December 2012 in the Gallipoli Room at the
Naval and Military Club, 111 Hutt Street, Adelaide
PRESENT: Ms Kiki Magro Corporation of the Town of Walkerville
(Chair) Mr Paul Deb City of Burnside (Board Member)
Cr John Minney City of Norwood Payneham & St Peters (Board Member)
IN ATTENDANCE: Mr Paul Leadbeter Consultant Mr Trevor Hockley TJH Management Services Pty Ltd
1. APOLOGIES Mr Graham Brown City of Burnside (Proxy Board Member) Mr Peter Perilli City of Norwood, Payneham & St Peters (Proxy Board Member)
2. CONFIRMATION OF THE PREVIOUS MINUTES RESOLVED: Moved Cr Minney, seconded Mr Deb, that the minutes of the Ordinary
Board Meeting held on 30th March 2012 be taken as read and confirmed.
CARRIED 3. BUSINESS ARISING FROM PREVIOUS MINUTES
Nil.
Attachment 1
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4. EXECUTIVE OFFICER’S REPORT
Post-Closure Management of the Highbury Landfill The Board noted that the site is well maintained. The need to provide path ways to all the monitoring points was discussed and would be budgeted for in the new financial year. The likely cost was in the order of $30,000.
Environment Protection Authority (EPA) Groundwater Monitoring Included with the Agenda was the interim report on groundwater monitoring from URS. The trends in groundwater were similar and further testing was being carried out regarding TPH concentrations. These reports are forwarded to the EPA and to date HLA has not been requested to undertake a groundwater risk analysis. This work has been budgeted for in the current financial year. Landfill Gas Monitoring Landfill gas monitoring continued monthly on the site and reports provided to the EPA each month (a copy of the October report was provided to the Board). There has been no further work undertaken at the boundary and exceedences continue to occur on the north-east corner. These elevated readings pose no risk as the small amount of landfill gas can vent to the atmosphere through the adjacent sand quarry. Boundary Dispute The Board noted that this dispute had been resolved to the satisfaction of the Highbury Landfill Authority without the need to take formal legal action. Ministerial DPA Rezoning of Adjacent Land Highbury The Board noted that there were no further developments regarding the Ministerial DPA. To date no follow up has been lodged with the Department from the Environmental Auditor. The EPA public register is constantly monitored by HLA. The Board agreed to meet with the Minister for Local Government, the Minister for Planning, the Chair and Chief Executive Officer of the EPA and the Local Member in the New Year to brief them on HLA’s position regarding the Ministerial DPA. Financial Reporting and Administration Financial Reports Members noted that the financial statements showed HLA meeting its planned expenditure for the year. Governance/ Charter Review The Board had previously resolved to engage Mr Paul Leadbeter to undertake a review of the future options for the management of the post-closure phase of the Highbury Landfill for Member Councils.
Attachment 1
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Mr Leadbeter provided a presentation to the Board.
RESOLVED: Moved Mr Deb, seconded Cr Minney, that the Executive Officer’s Report be received
And that Mr Paul Leadbeter complete his report based on the presentation given to the Board with recommendations and include brief advice on possible revisions to the current Charter.
CARRIED The Board noted that the Independent position on the Board would remain vacant until Member Councils had considered the final report and recommendations on the future of the management of the Highbury Landfill Authority.
5. ANY OTHER BUSINESS Nil.
6. DATE AND TIME OF NEXT ORDINARY BOARD MEETING The Board requested a meeting diary for next year for Board Meetings each quarter and that the March quarter meeting be held in conjunction with a site visit. SIGNED ………………………………………………………………… Chairperson Date ……………./…………………/2012
Attachment 1
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C/- 21 Rundle Street, Kent Town SA 5067 Ph: 08 8363 9100 Fax: 08 8363 9725
HIGHBURY LANDFILL AUTHORITY Member Councils: ● City of Burnside ● City of Norwood, Payneham & St Peters ● Corporation of the Town of Walkerville
REPORT FROM THE EXECUTIVE OFFICER
FOR THE PERIOD ENDING 7 March 2013
1. Post-Closure Management of the Highbury Landfill
The site inspection will update Board Members on post-closure management of the site.
1.1 Environment Protection Authority Groundwater Monitoring Members are referred to correspondence (Appendix I) from the Environment Protection Authority regarding a Section 83A Notification that has now been placed on the Public Register. This notification mainly refers to 2011 results for MB07, specifically TKN and ammonia. As previously reported, this would trigger a groundwater risk assessment. The subsequent monitoring results of the new bore (MB07), shows significant reductions in both these readings: 98.8 mg/l in 2011 reduced to 4 mg/l in 2012 for TKN and 75.4 mg/l reduced to 4.04 mg/l for ammonia. At this stage no risk assessment is planned unless requested by the EPA. Landfill Gas Monitoring Members are referred to the February Landfill gas monitoring report (Appendix II). Site conditions remain stable.
2. Boundary Dispute
Members are referred to Appendix III from Cowell Clarke to create an easement and resolve the boundary encroachment dispute. RECOMMENDED: That the Board authorise the Chair and Executive Officer to sign under seal the Grant of Easement, in accordance with File Plan FX57476.
3. Ministerial DPA Rezoning of Adjacent Land Highbury The Public Register of the Environment Protection Authority still shows no progress for the site from the Environmental Auditor. The Board needs to determine who should represent HLA in planned meetings with the Ministers for Planning and Local Government, EPA Chair and Executive Officer and the Local Member for Highbury. These meetings will then be programmed throughout the year.
Attachment 2
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C/- 21 Rundle Street, Kent Town SA 5067 Ph: 08 8363 9100 Fax: 08 8363 9725
4. Financial Reporting and Administration Financial Reports
Members are referred to the management accounts to December 2012 and the Budget review for the corresponding period at Appendix IV. They indicate that HLA is comfortably on budget.
5. Future Governance Structure and Charter Review Members are referred to the report from Mr Paul Leadbeter (Appendix V) and his comments on the HLA Charter. RECOMMENDED: That the Report be received and referred to Member Councils, and That Mr Michael Kelledy, Kelledy Jones, be engaged to amend the HLA Charter for referral to Member Councils with a covering report prior to gazettal of the reviewed Charter. Trevor Hockley EXECUTIVE OFFICER
Attachment 2
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1
Trevor Hockley
From: Bradford, Emma (EPA) <[email protected]>Sent: Thursday, 17 January 2013 2:40 PMTo: [email protected]: Paparella, Tony; Evans, Andrew (EPA); [email protected]: EPA S83A Notification: Highbury LandfillAttachments: L02 16012013 HLA.pdf
Hello Trevor, In December 2011 URS Australia notified the Environment Protection Authority (EPA) under the provisions of S83A of the Environment Protection Act 1993 of groundwater contamination (elevated ammonia) at the Highbury Landfill. The notification should have been processed by the EPA when it was received, so I apologise for the late response by the EPA. Please see attached letter posted to you today which indicates the information provided in the S83A notification will be placed on the EPA Public Register. I have discussed the site with Andy Evans and he has provided me with the groundwater monitoring data dated June 2012, I understand there was a monitoring event in October 2012. If you have any questions in relation to information contained in the letter please contact me. Regards Emma Emma Bradford Adviser Site Contamination Science and Assessment Division Environment Protection Authority (Part time - Mon, Tues, Wed & Friday) E-mail: [email protected] Telephone: (08) 8204 1272 (international +61 8 8204 1272) Fax: (08) 8204 1890 (international +61 8 8204 1890) Mail: GPO Box 2607, ADELAIDE SA 5001 http://www.epa.sa.gov.au This email message may contain confidential information, which also may be legally privileged. Only the intendedrecipient(s) may access, use, distribute or copy this email. If this email is received in error, please inform thesender by return email and delete the original. If there are doubts about the validity of this message, please contact the sender by telephone. It is the recipient’s responsibility to check the email and any attached files forviruses.
Appendix I
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Appendix I
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Appendix I
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HLA HIGHBURY LANDFILL LFG MONTHLY MONITORING REPORT
February 2013
Highbury Landfill Authority Site – Torrens Road, Highbury SA
OVERVIEW During the month of February 2013, Energy Developments Limited continued to extract landfill gas from the Highbury Landfill Authority site at Highbury. The extraction wells on the Highbury Landfill Authority site along with wells from the SITA site, supply gas to the Energy Developments gas treatment plant. The gas then feeds a 1000 kW generator, providing electricity to the SA Power Networks (SAPN) 11kV distribution system.
The total overall average gas flow was 258 SCMH at 22.8% CH4 (this is inclusive of shutdown periods) compared with 268 SCMH at 25.7% CH4 the previous month. Total generator run time was 359 hours, out of a possible 672 hours (53%). Downtime was due to fuel supply restrictions, generator maintenance and a gas plant electrical fault. Generator run times are set out in Table 1.
Table 1, Generator Run Times
Date Run
Hours Date Run
Hours
1/02/2013 17.3 15/02/2013 13.2 2/02/2013 2.6 16/02/2013 2.3 3/02/2013 2.4 17/02/2013 2 4/02/2013 15.5 18/02/2013 18.6 5/02/2013 18.1 19/02/2013 14 6/02/2013 17.9 20/02/2013 18 7/02/2013 15.8 21/02/2013 16.7 8/02/2013 12.5 22/02/2013 18.3 9/02/2013 3.5 23/02/2013 1.9
10/02/2013 2.6 24/02/2013 1.7 11/02/2013 18.4 25/02/2013 18 12/02/2013 18.2 26/02/2013 18.1 13/02/2013 18.2 27/02/2013 18.1 14/02/2013 17 28/02/2013 18.1
Total Hrs 359.0
MONITORING BORE SUMMARY
Regular testing of the EDL perimeter-monitoring bores continued. The non-extraction perimeter bores all had zero CH4 content. Perimeter well monitoring results are set out in Table 2. Wells with zero flows (due to low CH4 concentrations) have been highlighted. Weekly readings of monitoring bores MP30 (shallow & deep) and MP31 (shallow & deep) are set out in Table 3, CH4 readings have been highlighted. They show that CH4 concentrations remain elevated.
Appendix II
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Table 2, Monitoring Results, EDL Perimeter Bores
Bore # Date CH4
% CO2
% O2 %
Balance %
Pressure kPa
Flow SCM/H
Adjusted Flow
HIBEA610 5/02/2013 3.1 3.3 8.1 85.5 0.0 0.0 0.0 HIBEA610 20/02/2013 1.1 1.0 10.7 87.2 0.0 0.0 0.0 HIBEA611 5/02/2013 57.0 34.0 1.0 8.0 -10.7 1.0 3.7 HIBEA611 20/02/2013 27.0 23.0 5.7 44.3 -16.5 2.2 1.0 HIBEA613 5/02/2013 29.5 19.0 9.7 41.8 -1.4 1.4 1.4 HIBEA613 20/02/2013 28.0 17.0 9.3 45.7 -1.8 1.2 1.2 HIBEA614 5/02/2013 0.4 0.8 16.7 82.1 0.0 0.0 0.0 HIBEA614 20/02/2013 0.2 0.5 13.3 86.0 0.0 0.4 0.4 HIBEA615 5/02/2013 0.3 0.5 16.0 83.2 0.0 0.0 0.0 HIBEA615 20/02/2013 2.6 2.8 13.0 81.6 0.0 0.0 0.0 HIBEA616 5/02/2013 2.2 1.7 14.3 81.8 0.0 0.0 0.0 HIBEA616 20/02/2013 1.2 1.2 13.1 84.5 0.0 0.0 0.0 HIBEA715 5/02/2013 0.0 0.3 16.9 82.8 0.0 0.0 0.0 HIBEA715 20/02/2013 0.0 0.0 13.3 86.7 0.0 0.0 0.0 HIBEB030 5/02/2013 28.0 19.0 6.9 46.1 -15.9 3.6 3.6 HIBEB030 20/02/2013 33.5 21.0 11.4 34.1 -17.9 2.5 2.5 HIBEC123 5/02/2013 0.0 0.0 14.3 85.7 0.0 0.2 0.2 HIBEC123 20/02/2013 0.0 0.0 12.0 88.0 0.0 0.0 0.0 HIBEC124 5/02/2013 8.7 20.0 1.4 69.9 -0.1 1.9 1.9 HIBEC124 20/02/2013 28.5 24.0 9.1 38.4 -0.3 1.3 1.3 HIBEC125 5/02/2013 0.0 0.7 16.4 82.9 0.0 0.0 0.0 HIBEC125 20/02/2013 0.0 0.1 13.0 86.9 0.0 0.0 0.0 HIBEC127 5/02/2013 7.4 8.4 5.6 78.6 -1.4 0.0 1.8 HIBEC127 20/02/2013 0.0 0.0 13.2 86.8 0.0 0.0 0.0 HIBEC128 5/02/2013 0.0 0.5 16.5 83.0 0.0 0.0 0.0 HIBEC128 20/02/2013 0.0 0.0 13.7 86.3 0.0 0.0 0.0 HIBEC531 5/02/2013 42.0 28.0 2.8 27.2 -3.7 10.7 10.7 HIBEC531 20/02/2013 47.0 28.0 3.9 21.1 -3.5 10.2 10.2 HIBEC532 5/02/2013 0.1 0.6 15.7 83.6 0.0 0.0 0.0 HIBEC532 20/02/2013 0.2 0.5 13.0 86.3 0.0 0.0 0.0 HIBED536 5/02/2013 30.0 27.0 1.5 41.5 -10.2 6.4 6.4 HIBED536 20/02/2013 20.0 22.0 2.3 55.7 -2.1 5.9 0.0 HIBED537 5/02/2013 0.0 0.0 14.0 86.0 0.0 0.0 0.0 HIBED537 20/02/2013 0.0 0.0 11.1 88.9 0.0 0.0 0.0 HIBED538 5/02/2013 33.5 29.0 2.7 34.8 -7.2 11.8 11.8 HIBED538 20/02/2013 35.5 28.0 3.6 32.9 -7.2 11.6 11.6 HIBEE539 5/02/2013 28.5 29.0 2.8 39.7 -12.0 25.4 25.4 HIBEE539 20/02/2013 29.5 28.0 2.7 39.8 -2.2 25.4 4.6 HIBEE617 5/02/2013 0.1 1.4 11.1 87.4 0.0 0.4 0.4 HIBEE617 20/02/2013 0.1 0.4 13.6 85.9 0.0 0.6 0.6 HIBEE618 5/02/2013 0.0 11.0 11.0 78.0 0.0 0.6 0.6 HIBEE618 20/02/2013 0.0 6.9 12.3 80.8 0.0 0.5 0.5 HIBEE619 5/02/2013 2.2 8.7 7.6 81.5 0.0 0.0 0.0 HIBEE619 20/02/2013 1.3 6.5 9.8 82.4 0.0 0.6 0.6 HIBEE620 5/02/2013 20.0 28.0 1.7 50.3 -2.0 0.6 0.6 HIBEE620 20/02/2013 21.0 25.0 3.1 50.9 -1.9 1.7 1.7 HIBEE621 5/02/2013 0.1 0.5 15.2 84.2 0.0 0.4 0.4 HIBEE621 20/02/2013 0.8 1.5 11.5 86.2 0.0 0.0 0.0 HIBEE720 5/02/2013 0.0 0.1 14.8 85.1 0.0 0.0 0.0 HIBEE720 20/02/2013 0.0 0.0 12.3 87.7 0.0 0.0 0.0 HIBEE721 5/02/2013 0.3 0.7 15.6 83.4 0.0 0.6 0.6 HIBEE721 20/02/2013 0.0 0.1 14.1 85.8 0.0 0.0 0.0
Appendix II
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Table 2 cont.
Bore # Date CH4
% CO2
% O2 %
Balance %
Pressure kPa
Flow SCM/H
Adjusted Flow
HIBEF021 5/02/2013 26.0 20.0 4.6 49.4 -3.9 51.5 51.5 HIBEF021 20/02/2013 27.0 20.0 11.5 41.5 -3.6 51.8 45.9 HIBEF533 5/02/2013 0.3 2.4 13.3 84.0 0.0 0.0 0.0 HIBEF533 20/02/2013 0.7 2.2 12.6 84.5 0.0 0.0 0.0 HIBEF534 5/02/2013 0.0 1.7 13.6 84.7 0.0 0.0 0.0 HIBEF534 20/02/2013 0.1 0.6 12.7 86.6 0.0 0.0 0.0 HIBEF535 5/02/2013 0.0 0.0 15.2 84.8 0.0 0.2 0.2 HIBEF535 20/02/2013 0.0 0.0 12.8 87.2 0.0 0.2 0.2 HIBEW022 5/02/2013 0.0 6.4 12.1 81.5 0.0
HIBEW022 20/02/2013 0.0 5.0 12.8 82.2 0.0 HIBEW023 5/02/2013 0.0 2.9 14.4 82.7 0.0 HIBEW023 20/02/2013 0.0 2.4 13.3 84.3 0.0 HIBEW024 5/02/2013 0.0 1.1 15.3 83.6 0.0 HIBEW024 20/02/2013 0.0 0.4 12.8 86.8 0.0 HIBEW025 5/02/2013 0.0 3.4 14.1 82.5 0.0 HIBEW025 20/02/2013 0.0 5.7 12.3 82.0 0.0 HIBEW026 5/02/2013 0.0 2.3 14.6 83.1 0.0 Zero Flow HIBEW026 20/02/2013 0.0 2.8 13.1 84.1 0.0
HIBEW027 5/02/2013 0.0 4.4 12.5 83.1 0.0 HIBEW027 20/02/2013 0.0 2.1 12.1 85.8 0.0 HIBEW028 5/02/2013 0.0 3.5 11.0 85.5 0.0 HIBEW028 20/02/2013 0.0 4.5 11.4 84.1 0.0 HIBEW126 5/02/2013 0.0 0.9 14.9 84.2 0.0 HIBEW126 20/02/2013 0.0 0.2 13.0 86.8 0.0 HIBEW716 5/02/2013 0.0 0.0 14.3 85.7 0.0 HIBEW716 20/02/2013 0.0 0.0 12.0 88.0 0.0
Table 3, Monitoring Results, MP30 and MP31 Weekly MP30 Shallow (2.0-2.5m) MP30 Deep (Middle) (10.0-10.5m)
Date Flow L/hr mB CH4 CO2 O2 Flow L/hr mB CH4 CO2 O2
1/02/2013 -0.1 0.0 55.0 44.0 0.7 -0.1 0.0 60.0 40.0 0.1 7/02/2013 -0.1 0.0 56.0 40.0 2.0 0.1 0.0 58.4 38.6 2.6
15/02/2013 -0.2 0.0 57.0 40.0 1.0 0.1 0.0 59.0 39.0 1.1 22/02/2013 -0.1 0.0 52.6 41.0 3.0 0.0 0.0 53.5 36.9 2.3 28/02/2013 -0.1 0.0 55.0 45.0 0.0 0.1 0.0 58.0 38.1 0.0
MP31 Shallow (2.5-3.0m) MP31 Deep (Middle) (8.5-10.5m)
Date Flow L/hr mB CH4 CO2 O2 Flow L/hr mB CH4 CO2 O2
1/02/2013 -0.1 0.0 59.0 40.0 0.0 -0.1 0.1 62.0 35.0 0.1 7/02/2013 -0.3 0.0 47.5 32.0 2.6 0.0 0.0 60.0 33.0 0.6
15/02/2013 0.3 0.0 55.0 37.0 0.2 0.0 0.0 59.0 38.0 0.7 22/02/2013 0.2 0.0 21.5 14.0 7.0 1.1 0.3 56.0 30.0 3.0 28/02/2013 0.1 0.0 55.4 44.0 0.0 0.9 0.2 57.0 39.0 0.0
GOLDER MONITORING WELLS Golder Associates, on behalf of the Highbury Landfill Authority, has installed landfill gas monitoring wells at 24 locations in and around the landfill, 18 of these locations are along the boundaries of the landfill site and 6 monitoring wells are within the residential area adjoining the western boundary. There are multiple monitoring probes at most locations, several of which share the same well (MP01 – MP 25). Refer to Attachment 1 for the location of these wells. CH4 concentrat ion and well pressure is monitored monthly. Results for February 2013 are set out in Table 4.
Appendix II
Page 12 of 57 132
Table 4, Non Complying Results, ‘Golder’ Monitoring Wells Date Well No. Soil Gas
Press1(kPa) CH4 Conc
(%v/v) 15/2/13 MP01 Deep -0.07 5.5
" MP08 Deep 0 48 " MP30 Deep 0.03 61 " MP30 Shallow 0 55 " MP31 Deep 0.13 63 " MP31 Shallow 0 33 " MP32 Deep 0 3.3
1, relative to atmospheric pressure DISCUSSION, MONITORING WELLS AND DATALOGGER RESULTS
MONITORING WELLS The following monitoring wells recorded CH4 concentrations above the target concentration of 2.5% (v/v):
MP01 Deep, 5.5%, MP01 has now registered CH4 concentrations above 2.5 for the past two months. There is no obvious reason for this change in circumstances. Further monitoring will be required to determine whether this is an anomalous event.
MP08 Deep, 48% (last month, 47%), MP08 is located at the south eastern end of Sheoak Court, adjacent to both the SITA landfill and the HLA landfill. It consistently records high CH4 concentrations. Additional extraction wells have been installed within the HLA landfill in the vicinity of MP08, without any discernible reduction in CH4 concentrations at MP08. The well numbers are HIBEF533, 534 and 535. Table 2 above shows that HBEF 533 was the only well to register the presence of CH4 (0.7%)
MP30 and MP31, 33 – 63%, there is minimal risk associated with these high readings for the following reasons:
o Minimal volume of CH4 based on the performance of nearby extraction wells (HIBEA613, 614 and 615)
o Absence of nearby houses HLA is monitoring the situation whilst it decides what further action is required.
DATALOGGERS MP04 The following legend applies to the graphs plotted from the MP04 data logger readings:
Blue plot represents soil gas pressure relative to atmospheric pressure at the 'deep' depth. Green plot represents soil gas pressure relative to atmospheric pressure at the 'middle' depth Red plot represents soil gas pressure relative to atmospheric pressure at the 'shallow' depth. Orange plot represents CH4 concentration at the 'deep' level (percentage of total) Purple plot represents atmospheric pressure
The results show that the long term trend of CH4 concentrations being in the 0.1 – 0.2% range is being maintained. Despite the higher CH4 readings measured by EDL at nearby HIBEW024, there is no evidence of elevated concentrations at MP04 MP05
Results show that there are minor variations in CH4 concentrations, resulting from periods of positive soil gas pressure; however the spikes are of short duration, which indicates there is minimal CH4 at this location. MP07
The graph shows there are frequent spikes of short duration indicating there is minimal CH4 at this location.
Appendix II
Page 13 of 57 133
MP31
The graph plot confirms the high CH4 concentrations recorded by EDL and Golder at this location. The breaks in the graph are due to low battery voltage. A replacement battery has been ordered. MP36
The uneven nature of the graph is due to low battery voltage. The solar panel that recharges the battery is being shaded for part of the day. Pruning of the trees causing the shading will be undertaken this month (March). However, there is enough information to show that CH4 volumes and concentrations are relatively minor at this location. This is supported by the CH4 concentrations and flow rates in the nearby EDL extraction wells (HIBEE617 and 618), i.e., 0 - 0.1% CH4 and 0.4 - 0.6 SCM/H flow rate. SUMMARY Monitoring results show there is minimal LFG present along the northern, southern and western boundaries of the site. EDL is undertaking weekly monitoring of the two monitoring wells located at the northeast corner of the site, i.e., MP30 (shallow and deep) and MP31 (shallow and deep) as part of the ongoing investigations concerning LFG presence at this location. CH4 concentrations at MP08 continue to vary significantly. However, knowledge gained from monitoring the site indicates that where there are large fluctuations in CH4 concentrations, there is generally minimal LFG present.
5th March 2013
Appendix II
Page 14 of 57 134
Appendix III
Page 15 of 57 135
Appendix III
Page 16 of 57 136
Appendix III
Page 17 of 57 137
Appendix III
Page 18 of 57 138
Appendix III
Page 19 of 57 139
Appendix III
Page 20 of 57 140
Appendix III
Page 21 of 57 141
Appendix III
Page 22 of 57 142
Appendix III
Page 23 of 57 143
Appendix III
Page 24 of 57 144
Appendix III
Page 25 of 57 145
Appendix III
Page 26 of 57 146
JUL - DEC 2012
$
INCOME
Bank Interest 1,248
Lgfa Bonus refund 225
TOTAL INCOME 1,473
EXPENSESAdministration Expenses 28,189
Accounting & Audit 670
Admin Other 96
Bank Charges 250
Depreciation 3,698
Landfill Gas Monitoring 20,218
Groundwater Monitoring 16,390
Rates/Council/Water/ESL 991
Insurance 3,282
Legal Fees 3,091
Maintenance 1,500 Revegitation 5,100
TOTAL EXPENSES 83,473
NET LOSS 82,000-
INCOME STATEMENT
FOR PERIOD ENDING 31 DECEMBER 2012
Appendix IV
Page 27 of 57 147
$ $
ASSETS
CURRENT ASSETS
State Bank 128,096
LGFA Investment Account 75,184
Pre Paid account 3,772
TOTAL CURRENT ASSETS 207,052
NON-CURRENT ASSETSLand 1,800
Monitoring Station 12,745
Less-Provision Depreciation (10,139)
Gas Monitoring Solar 47,745
Less Provision for Dep (27,211)
Gas Monitoring Solar 17,600
Less Privision for dep (7,462)
TOTAL NON-CURRENT ASSETS 35,078
TOTAL ASSETS 242,130
LIABILITIES
CURRENT LIABILITIES
Trade Creditors 1,706
GST Collected 4
GST Paid (4,570)
Provision for Dump Closure S/T 254,000
TOTAL CURRENT LIABILITIES 251,140
NON-CURRENT LIABILITIES
Provision for Dump Closure L/T 4,616,249
TOTAL NON-CURRENT LIABILITIES 4,616,249
TOTAL LIABILITIES 4,867,389
NET ASSETS 4,625,259-
EQUITY
Funds from member councils 2,935,727
Retained Earnings (7,478,986)
Current Earnings (82,000)
TOTAL EQUITY 4,625,259-
BALANCE SHEET
FOR PERIOD ENDING 31 DECEMBER 2012
31-Dec-12
Appendix IV
Page 28 of 57 148
HIG
HB
UR
Y L
AN
DF
ILL
AU
TH
OR
ITY
Uni
form
Pre
sent
atio
n of
Fin
ance
sJu
ly 2
012
to J
un
e 20
13
UN
IFO
RM
PR
ES
EN
TA
TIO
N O
F F
INA
NC
E J
UL
Y 2
012
- JU
NE
201
3
30/06/2012
Audit Actuals
Approved Budget
FY2013 Projected
Actuals
Bu
dg
et V
aria
nce
Comments
OP
ER
AT
ING
AC
TIV
ITIE
S:
$$
$$
Ope
ratin
g In
com
e5,
595
-
2,72
1
2,72
1
less
Ope
ratin
g E
xpen
ses
914,
271
207,
328
166,
947
(40,
381)
Op
erat
ing
Su
rplu
s / (
Def
icit
)(9
08,6
76)
(2
07,3
28)
(1
64,2
26)
43,1
02
CA
PIT
AL
AC
TIV
ITIE
S:
Net
Ou
tlay
on
Exi
siti
ng
Ass
ets
Cap
ital E
xpen
ditu
re o
n re
new
al &
rep
lace
men
t of E
xsis
ting
Ass
ets
-
-
-
less
Dep
reci
atio
n, A
mor
tisat
ion
& Im
pairm
ent
9,24
4
7,39
5
7,39
5
-
le
ss P
roce
eds
from
Sal
e of
Rep
lace
d A
sset
sN
et O
utl
ay o
n E
xisi
tin
g A
sset
s(9
,244
)
(7,3
95)
(7
,395
)
-
Net
Ou
tlay
on
New
& U
pg
rad
ed A
sset
sC
apita
l Exp
endi
ture
on
New
& U
pgra
ded
Ass
ets
-
-
-
less
Am
ount
s re
ceiv
ed s
peci
fical
ly fo
r N
ew &
Upg
rade
d A
sset
s-
-
-
le
ss P
roce
eds
from
Sal
e of
Sur
plus
Ass
ets
-
-
-
Net
Ou
tlay
on
New
& U
pg
rad
ed A
sset
s-
-
-
Net
Len
din
g /
(Bo
rro
win
g)
(899
,432
)
(199
,933
)
(156
,831
)
43
,102
App
endi
x IV
Pag
e 29
of
57
149
INCOME STATEMEN
T BUDGET
REV
IEW FY 2013
Approved Budget
FY2013
Projected
Actuals
Budget Variance
Comments
INCOME
$$
$
Sun
dry
Inco
me
LGF
A B
onus
Rec
eive
d22
5
225
Inte
rest
Rec
eive
d 2,
496
2,49
6
Total R
evenues
-
2,72
1
2,
721
EXPEN
SES
Dep
reci
atio
n7,
395
7,39
5
-
Hig
hbur
y C
losu
re P
rovi
sion
199,
933
159,
552
(4
0,38
1)
Total Expenses
207,
328
166,
947
(4
0,38
1)
NET
SURPLU
S/(DEFICIT)
(207
,328
)
(1
64,2
26)
43,1
02
Note:
The
FY
2013
Pro
ject
ed A
ctua
ls a
re b
ased
on
the
half
year
ly fi
gure
s (3
1.12
.201
2) e
xtra
pola
ted
to 3
0 Ju
ne 2
013
App
endi
x IV
Pag
e 30
of
57
150
BALA
NCE SH
EET BUDGET
REV
IEW FY 2013
Approved
Budget
FY2013
Projected
Actuals
Budget
Variance
Comments
AS
SE
TS
$$
$
Cu
rren
t A
sset
s
Cas
h an
d C
ash
Equ
ival
ents
108,
079
12
0,18
6
12,1
07
Tra
de a
nd O
ther
Rec
eiva
bles
-
3,77
2
3,
772
To
tal C
urr
ent
Ass
ets
108,
079
12
3,95
8
15,8
79
No
n-C
urr
ent
Ass
ets
Mon
itorin
g S
tatio
ns29
,580
31
,380
1,
800
To
tal N
on
-Cu
rren
t A
sset
s29
,580
31
,380
1,
800
T
ota
l Ass
ets
137,
659
15
5,33
8
1,80
0
LIA
BIL
ITIE
S
Cu
rren
t L
iab
iliti
es
Tra
de a
nd o
ther
pay
able
s-
(7
,426
)
(7
,426
)
Pro
visi
on fo
r C
losu
re C
osts
199,
933
15
9,55
2
(40,
381)
To
tal C
urr
ent
Lia
bili
ties
199,
933
15
2,12
6
(47,
807)
No
n-C
urr
ent
Lia
bili
ties
Pro
visi
on fo
r C
losu
re C
osts
3,96
2,96
6
4,
710,
697
747,
731
To
tal N
on
-Cu
rren
t L
iab
iliti
es3,
962,
966
4,71
0,69
7
74
7,73
1
To
tal L
iab
ilite
s4,
162,
899
4,86
2,82
3
69
9,92
4
NE
T A
SS
ET
S(4
,025
,240
)
(4,7
07,4
85)
(6
82,2
45)
EQ
UIT
Y
Acc
umul
ated
sur
plus
(4,0
25,2
40)
(4
,707
,485
)
(682
,245
)
To
tal E
qu
ity
(4,0
25,2
40)
(4
,707
,485
)
(682
,245
)
App
endi
x IV
Pag
e 31
of
57
151
STATEMEN
T OF CHANGES IN
EQUITY BUDGET
REV
IEW FY 2013
Ap
pro
ved
Bu
dg
et
FY
2013
P
roje
cted
A
ctu
als
Bu
dg
et
Var
ian
ceComments
$$
$
AC
CU
MU
LA
TE
D S
UR
PL
US
Bal
ance
at b
egin
ning
of t
he y
ear
(3,8
17,9
11)
(4,5
43,2
59)
(7
25,3
48)
Cha
nge
in fi
nanc
ial p
ositi
on r
esul
ting
from
ope
ratio
ns(2
07,3
28)
(164
,226
)
43
,102
Fun
ds fr
om M
embe
r C
ounc
ils
TO
TA
L E
QU
ITY
(4,0
25,2
39)
(4,7
07,4
85)
(6
82,2
46)
No
te: T
he c
alcu
latio
n of
the
App
rove
d B
udge
t ope
ning
bal
ance
, was
bas
ed o
n 20
12 bu
dget
figu
res.
The
Pro
ject
ed A
ctua
ls h
ave
been
adj
uste
d to
ref
lect
the
audi
ted
clos
ing
figur
es a
s at
30.
06.2
012.
App
endi
x IV
Pag
e 32
of
57
152
STATEMENT OF CASH FLOWS BUDGET REVIEW FY 2013
Approved Budget
FY2013 Projected Actuals
Budget Variance Comments
CASH FLOWS FROM OPERATING ACTIVITIES $ $
Receipts
Bank Interest & Sundry 2,496 2,496
Highbury Levy
Other Revenue 225 225
Payments
Payments to suppliers
Finance paymentsNet Cash provided by (or used in) Operating Activities - 2,721 2,721
CASH FLOWS FROM INVESTING ACTIVITIES
Payments from Provision (199,933) (159,552) 40,381
Net Cash paid for Investing Activities (199,933) (159,552) 40,381
CASH FLOWS FROM FINANCING ACTIVITIES
Funds paid by Member CouncilsNet Cash provided by (or used in) Financing Activities - - -
Net Increase (Decrease) in cash held (199,933) (156,831) 43,102
Cash and cash equivalents at beginning of period 308,012 302,264 (5,748)
Cash and cash equivalents at end of period 108,079 145,433 37,354
Movement in Debtors & Creditors 25,247
Total Cash and cash equivalents at end of period 108,079 120,186 12,107
Reconciliation of Cash Flow Movement Debtors & Creditors Movements
Opening Cash Balance as per Financial Statements 302,264 Opening Debtors as per Financial Statements 7,062
Closing Cash Balance as per Bank Statement 120,186 Closing Debtors 30.06.13 3,772
Movement (182,078) Movement (3,290)
Receipts 2,721 Opening Creditors as per Financial Statements 21,111
Less Payments (159,552) Closing Creditors 30.06.13 (7,426) Less Decrease in Creditors (28,537) Movement (28,537)
Plus Decrease in Debtors 3,290
(182,078) Debtors & Creditors Overall Movement 25,247
Appendix IV
Page 33 of 57 153
1
Paul Leadbeter
31 Clifton Street
Hawthorn SA 5062
4 February 2013
Mr Trevor Hockley
Executive Officer,
Highbury Landfill Authority
C/‐ 21 Rundle Street,
Kent Town SA 5067
Dear Mr Hockley,
Possible Options regarding ongoing management of Highbury Landfill Authority
Thankyou for your instructions to provide advice to the board of the Highbury Landfill
Authority (HLA) on the possible options available to the member councils regarding the
ongoing management of the HLA. I confirm that in December 2012 I presented to the Board on
the various options. The Board requested that I confirm that advice in writing. It also requested
that I examine the current Board Charter and look at areas where I consider the Charter could
be improved. The Board were particularly interested to see what changes could be made to the
parts of the charter dealing with membership and staffing. As discussed I have suggested some
possible changes in a highlighted format on a word version of the Charter.
Some background details
1. The Highbury Landfill Authority (HLA) and any alternative authority will have
responsibility to manage closure and post closure obligations associated with the Highbury
Landfill site.
2. The obligations imposed by the Environment Protection Authority (EPA )through the post
closure licence and the strict licence conditions requiring monitoring and maintenance of the
site are designed to prevent environmental harm. The current licence expires on 31 July 2016.
Normally post closure obligations can continue for 20‐25 years at the discretion of the EPA
as the licensing authority.
3. It is also worth noting that the EPA can renew a post closure licence even if HLA does not
seek it provided the EPA is satisfied that it is necessary or appropriate for the protection or
restoration of the environment that the holder of the authorization be bound by conditions of
an authorization (see s43(6)‐Environment Protection Act,1993)
Appendix V
Page 34 of 57 154
2
4. Any transfer of the post closure licence from HLA to another entity requires the EPA’s
approval ( which can be refused if the proposed licence holder is deemed to be unsuitable
see s49(2)).A transferee would generally be considered unsuitable if the transferee has a bad
record with the EPA in relation to the EPA’s dealings with that person on other matters.
5. It is also possible that the site contamination provisions in Part 10A of the Environment
Protection Act,1993 (particularly the remediation requirements) could apply to HLA even if
it transfers land to another entity.
6. There is a general concern on the part of the Board and the Constituent councils to limit the
potential liability for constituent councils and also minimise the costs of compliance with
EPA requirements.
Options for future land management
There are in my opinion five possible options which I propose to discuss below. Those options
are:
A. HLA divests itself of the land.
B. Consider establishing a corporate entity to manage the land
C. Look at possibility of creating an Incorporated association to manage the land
D. Continue with management by Regional Subsidiary with some changes to Charter
E. Do nothing.
A. HLA divests itself of the Highbury landfill land.
Under this option HLA sells the land to someone else and arranges for transfer of the
post closure licence to the purchaser. This transaction requires EPA approval .If HLA
wished to pursue this option it would be important that it obtain indemnities against
future claims from the purchaser .It would also seem that EPA approval would be
required regarding the site contamination element.
In my opinion for this option to work it would require a brave and bold purchaser!
Realistically in the current economic climate and given the current knowledge about
what problems can arise with land previously used for waste deposit it is my view
that this option is unlikely to be one available at this point in time.
B. Consider establishing a corporate entity to manage the land
The fundamental problem with this option is that under s.47 of the Local
Government Act, 1999 councils are prohibited from acquiring interests in companies.
While councils can establish a company limited by guarantee, they may only do so if
Appendix V
Page 35 of 57 155
3
it is a company established as a national association to promote and advance the
interests of an industry in which local government has an interest.
C. Look at possibility of creating an Incorporated association to manage the land
This would involve applying the provisions of the Associations Incorporation
Act,1985. A voluntary organisation ( association) would be established by the
members( the constituent councils) who vote on the rules/constitution which is to
apply to that association. Such associations are a separate legal entity as is the HLA
at present. They can sue and be sued and have their own legal persona.
Any association created pursuant to the Act has specific powers prescribed by s.25
of the Act plus any others powers which members may allocate.
The association would not be subject to the direction and control of the Councils in
contrast to a regional subsidiary.( see Schedule 2 Clause 10(1) of Local government
Act,1999)
Associations are managed by a Committee appointed in accordance with the
Association’s rules. A regional subsidiary on the other hand is managed by a Board
of Management appointed by constituent councils. The officers of the Association
have a range of duties and obligations under s39A of the Act.
However it is suggested that the biggest issue for HLA and the constituent councils
in achieving status as an incorporated association is meeting the eligibility criteria
for incorporation which are found in s18 of the Act under the Act .The role and
purpose of HLA does not really fit any of the defined criteria. The closest one is
found in s18(1)(e) of the Associations Incorporation Act which is ‘for the purpose of
establishing, carrying on, or improving a community centre or promoting the
interests of a local community or a particular section of a local community’. Even so
in my opinion it would be difficult to fit the HLA into this category. The only other
option as I see it is for the constituent councils to seek the approval of the Minister
responsible for the Associations Incorporation Act which is an option under
s18(1)(k).
With respect to liability with an incorporated association, liability does not usually
attach to the members but rather the association has to deal with those liabilities. In
addition to the above matters, some of which can be seen as positive aspects
consideration also needs to be given to the following matters:
• Would the EPA agree to transfer of a licence in such circumstances? Without the
EPA’s agreement it will not happen.
Appendix V
Page 36 of 57 156
4
• Do the constituent councils want to lose effective control?
• Upon the winding up of an association any assets do not go to the members but
rather must be distributed in accordance with the association’s rules which
usually provide that they be distributed to another association or associations
with similar objectives. ( see s43 Associations Incorporation Act)
• Given the history of the Highbury landfill site, the community opposition to it
and the circumstances that brought about its closure would there be any political
backlash were HLA to proceed down this path?
• Will the Mutual Liability Scheme insure an incorporated association? If not will it
be difficult to obtain an appropriate level of insurance cover at a reasonable
premium given the land’s history?
D. Continue with management by Regional Subsidiary with some changes to Charter
Conducting the post closure management of the Highbury landfill by way of a
regional subsidiary is the only format which gives the constituent councils power of
direction and control. There is an obligation on Councils to review the Charter at
least once in every 4 years. If as a result of that review or otherwise there are
perceived inefficiencies in the management of the organization then it may be
appropriate to undertake an amendment of the Charter in order to try and address
those deficiencies. Amendment of certain provisions and requirements in the
Charter may also possibly reduce the organisation’s costs. However, having looked
at the Charter, it is my opinion that there are limited areas where changes should be
made to it. Many of the provisions are in the Charter to address legislative
requirements. Other provisions should remain for appropriate governance purposes.
I have in comments on the Charter document itself highlighted possible areas for
review which the Board and the Constituent councils might like to consider.
Some of the reasons why continuing with the present format could be seen as
advantageous are:
• Continuing with a ‘tried and true’ format is less likely to cause ructions with the
EPA or the local community
• Ultimately, any liabilities incurred or assumed by HLA( as a regional subsidiary)
become the responsibility of the constituent councils(Schedule.2 Cl 31‐ Local
Government Act 1999)
• Upon the winding up of a regional subsidiary, the assets can be distributed
amongst the constituent councils.
Appendix V
Page 37 of 57 157
5
• A regional subsidiary would still appear to be the best means by which the
constituent councils can maintain control and oversight in relation to steps taken
to minimise liability in relation to the landfill.
In terms of a review of the Charter to improve efficiencies and reduce the overall
cost of the HLA and its constituent councils matters which might be worth
considering would include the number of meetings held each year, the nature of
staffing arrangements, and the linkage of the business plan requirements of the
Charter in with the EPA closure plan review requirements. I note that following my
verbal presentation to the Board I agreed to look at the Charter and suggest some
areas where the board might like to consider changes. In addition to the matters
identified above it was suggested that the membership requirements might be able
to be reviewed, in particular the requirement for independent members.
Finally, although I have no instructions on this I presume that the Mutual Liability
Scheme is comfortable with the present level of risk at the Highbury site and the
risk management measures presently being undertaken?
E. Do nothing.
It should always be borne in mind that there is always the option of doing nothing to
change the status quo thereby enabling HLA to continue as it is at present.
As set out above I have canvassed what I believe are the main options for the HLA. I
note that following my meeting with the Board it was agreed that I would look at the
Charter and suggest areas where changes might be made, in doing so concentrating
on membership and staffing provisions. I attach a copy of the Charter with some
marked up suggestions and comments.
Please let me know if I can be of any further assistance.
Yours sincerely,
Paul Leadbeter
Liability limited by a scheme approved under Professional Standards Legislation.
Appendix V
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HIGHBURY LANDFILL AUTHORITY
CHARTER
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1. INTRODUCTION
1.1 Name
The name of the subsidiary shall be the Highbury Landfill Authority (referred to as “the Authority” in this Charter).
1.2 Establishment
The Authority is a regional subsidiary established pursuant to Section 43 of the Local Government Act 1999 by the:
1.2.1 City of Burnside;
1.2.2 City of Norwood, Payneham & St Peters; and
1.2.3 Corporation of the Town of Walkerville
1.3 Local Government Act 1999
This Charter must be read in conjunction with Parts 2 and 3 of Schedule 2 to the Local Government Act 1999. The Authority shall conduct its affairs in accordance with Schedule 2 to the Act except as modified by this Charter in a manner permitted by Schedule 2.
1.4 Interpretation
1.4.1 “Act” means the Local Government Act 1999;
1.4.2 “Board” means the Board of Management established under Clause 2 of this Charter;
1.4.3 “Constituent Councils” means those Councils named in Clause 1.2 of this Charter;
1.4.4 “East Waste” means the Eastern Waste Management Authority;
1.4.5 “Financial Year” means 1 July in each year to 30 June in the subsequent year;
1.4.6 “Gazette” means the South Australia Government Gazette;
1.4.7 “Highbury Landfill Site” means the land known as Allotment 4, Volume 5290, Folio 829;
1.4.8 “Minister” means the Minister for State/Local Government Relations.
1.5 Purpose For Which The Authority Is Established
The Authority is established for the following objects and purposes:
1.5.1 to facilitate the closure and the post-closure of the Highbury Landfill Site;
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1.5.2 to manage the joint interests and liability of the Constituent Councils in relation to the closure of the Highbury Landfill Site;
1.5.3 to undertake all manner of things relating to and incidental to the management function of the Authority;
1.5.4 to provide a forum for the discussion and consideration of issues related to the joint obligations and responsibilities of the Constituent Councils in respect of the closure (and post-closure) of the Highbury Landfill Site.
1.6 Powers and Functions of the Authority
The powers, functions and duties of the Authority are to be exercised in the performance of the Authority’s objects and purposes. The Authority shall have those powers, functions and duties delegated to it by the Constituent Councils from time to time that include but are not limited to:
1.6.1 the power to accumulate surplus funds for investment purposes;
1.6.2 the power to establish a reserve fund or funds clearly identified for meeting any liability or obligation of the Authority;
1.6.3 the power to make loans of any of the funds of the Authority provided that is shall be a condition precedent, that the written approval of all the Constituent Councils is first had and obtained;
1.6.4 the power to enter into contracts, to purchase, sell, lease, hire, rent or otherwise acquire or dispose of any personal property or interests therein;
1.6.5 the power to purchase, sell, lease, hire, rent or otherwise acquire or dispose of any real property or interests therein, provided that it shall be a condition precedent, that the written approval of the Constituent Councils is first had and obtained;
1.6.6 the power to employ, engage, remunerate, remove, suspend or dismiss the Manager of the Authority;
1.6.7 the power to employ, engage or retain professional advisers to the Authority;
1.6.8 the power to return to the Constituent Councils or at their direction to the East Waste regional subsidiary any or all surplus funds upon completion of the approved remediation plan of Highbury Landfill Site;
1.6.9 the power to invest any of the funds of the Authority in any investment authorised by the Trustee Act 1936 or with the Local Government Finance Authority provided that:
1.6.9.1 in exercising this power of investment the Authority must exercise the care, diligence and skill that a prudent person of
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business would exercise in managing the affairs of other persons; and
1.6.9.2 the Authority must avoid investments that are speculative or hazardous in nature;
1.6.10 the power to undertake all manner of things relating and incidental to the objects and purposes of the Authority; and
1.6.11 the power to do anything else necessary or convenient for or incidental to the exercise, performance or discharge of its powers, functions or duties.
1.7 Property
1.7.1 All property held by the Authority is held by it on behalf of the Constituent Councils.
1.7.2 No person may sell, encumber or otherwise deal with any property of the Authority without the approval of the Board by way of a Board resolution.
1.8 Delegation by the Authority
The Authority may by resolution delegate to the Manager or to any employee of the Authority any of its powers, functions and duties under this Charter but may not delegate:
1.8.1 the power to impose charges;
1.8.2 the power to borrow money or obtain any other form of financial accommodation;
1.8.3 the power to approve expenditure of money on the works, services or operations of the Authority not contained in a budget approved by the Authority or where required by this Charter, approved by the Constituent Councils;
1.8.4 the power to approve the reimbursement of expenses or payment of allowances to members of the Board of Management;
1.8.5 the power to adopt or revise a strategic management plan or budget of the Authority; or
1.8.6 the power to make any application or recommendation to the Minister.
A delegation is revokable at will and does not prevent the Authority from acting in a matter.
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1.9 National Competition Policy
The Authority must undertake any commercial activities that constitute a significant business activity of the Authority in accordance with the principles of competitive neutrality.
(See clause 32, Part 2, Schedule 2 of the Act and Part 4 of the Government Business Enterprises (Competition) Act 1996)
2. BOARD OF MANAGEMENT
The Authority is a body corporate and is governed by a Board of Management that shall have the responsibility to manage the business and other affairs of the Authority ensuring that the Authority acts in accordance with this Charter.
2.1 Functions of the Board
2.1.1 The formulation of a closure management plan and strategy for closure of the Highbury Landfill Site by the Authority.
2.1.2 The provision of professional input and direction to the Authority.
2.1.3 To monitor, oversee and measure the performance of the Manager.
2.1.4 Subject to sub-clause 2.5.16 to ensure that the business of the Authority is undertaken in an open, transparent and accountable manner.
2.1.5 To assist in the development of an environmentally sound and economical solution to the closure of the Highbury Landfill Site.
2.1.6 To exercise the care, diligence and skill that a prudent person of business would exercise in managing the affairs of other persons.
2.2 Membership of the Board
2.2.1 The Board shall consist of five members appointed as follows:
2.2.1.1 one person appointed by each Constituent Council;
2.2.1.2 two persons appointed jointly by the Constituent Councils who are not members or officers of the Constituent Councils but who, in the opinion of the Constituent Councils, have expertise in environmental management and/or waste operations and business and/or commerce.
2.2.2 A Board Member shall, subject to this Charter, be appointed for a term not exceeding three years specified in the instrument of appointment and at the expiration of the term of office will be eligible for re-appointment.
2.2.3 Each Constituent Council must give notice in writing to the Manager of the Authority of the persons appointed as Board Members and of any revocation of those appointments.
Comment [PDL1]: All these functions seem to be appropriate for HLA. No additional ones are suggested nor are any deletions proposed.
Comment [PDL2]: It is understood that the current Board members believe it is no longer necessary to have the independent Board members in which case the Board would consist of three members. The independent members do potentially provide a level of expertise in the area of environmental management or waste management which may not be held by the Board members appointed by the Constituent councils. If the independent members are to be dispensed with then it would be important that the manager held some expertise in those areas.An alternative provision which would provide greater flexibility is to make the Board membership numbers a minimum of 3 persons and a maximum of 5 and to provide that there must be 3 Board members appointed by the Constituent councils and that in addition up to 2 additional board members can be appointed jointly by the Councils to provide additional expertise in the areas specified in Clause 2.2.1.2. Whether or not they do so would be at the complete discretion of the Councils. Another option might be to give the Board the power to coopt people with particular expertise onto the Board as and when the Board considers it needs such expertise.
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2.2.4 The term of office of a member of the Board will cease upon the Council providing written notice to the Board Member or upon the happening of any other event through which the Board Member would be ineligible to remain as a member of the Board.
2.2.5 The appointment of a Board Member shall terminate upon any of the grounds set out at clause 20, Part 2, Schedule 2 of the Act arising, or otherwise:
2.2.5.1 if the Board Member has been appointed under clause 2.2.1.1:
(i) upon the Council which appointed him/her ceasing to be a Constituent Council; or
(ii) if the Board Member is an elected member of a Constituent Council upon ceasing to be an elected member; or
(iii) if the Board Member is an employee of a Constituent Council, upon ceasing to be employed by the Council which appointed him/her;
2.2.5.2 in respect of any Board appointment upon the happening of any other event through which the Board Member would be ineligible to remain as a member of the Board;
(See clause 20, Part 2, Schedule 2 of the Act for the grounds which give rise to a vacancy)
2.2.6 The Board may by a two thirds majority vote of the members present (excluding the member subject to this Clause 2.2.6) make a recommendation to the Constituent Councils seeking the Councils approval to terminate the appointment of the member in the event of:
2.2.6.1 any behaviour of the member which in the opinion of the Board amounts to impropriety;
2.2.6.2 serious neglect of duty in attending to the responsibilities of a member of the Board;
2.2.6.3 breach of fiduciary duty to the Board or the Constituent Council(s);
2.2.6.4 breach of the duty of confidentiality to the Board and/or the Constituent Council(s);
2.2.6.5 breach of the conflict of interest rules of the Board; or
2.2.6.6 any other behaviour which may discredit the Board.
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2.2.7 A member may be removed from office as a member of the Board prior to the expiration of a term of appointment only in accordance with the following:
2.2.7.1 a member appointed by a Constituent Council pursuant to Clause 2.2.1.1, by resolution of the Constituent Council which originally appointed the member;
2.2.7.2 a member appointed jointly by the Constituent Councils pursuant to Clause 2.2.1.2 by a joint resolution being a resolution passed by each of the Constituent Councils.
2.2.8 The term of office of a Board Member appointed pursuant to Clause 2.2.1.1, shall terminate if the Council appointing him/her shall cease to be a Constituent Council.
2.2.9 If any casual vacancy occurs in the membership of the Board it will be filled in the same manner as the original appointment.
2.2.10 Board Members shall be eligible for such allowances from the funds of the Authority as the Board shall determine from time to time by a majority resolution of two-thirds of the whole number of Board members.
2.2.11 Each Constituent Council may appoint a deputy Board Member to act in place of that Constituent Council’s Board Member appointed pursuant to Clause 2.2.1.1, where the Board Member will not be present at a meeting of the Board.
2.2.12 In the absence of the Board Member, a deputy Board Member will be deemed to be the Board Member and can exercise all of the rights, privileges and obligations of the Board Member during the absence of that Board Member.
2.3 Propriety of Members of the Board
2.3.1 The principles regarding conflict of interest prescribed in the Act will apply to all Board Members as if they were elected members of a council.
(See Chapter 5, Part 4, Division 3 of the Act for conflict of interest provisions)
2.3.2 The Board Members are not required to comply with Division 2, Chapter 5 (Register of Interests) of the Act.
2.3.3 The Board Members will at all times act in accordance with their duties of confidence and confidentiality and individual fiduciary duties including honesty and the exercise of reasonable care and diligence with respect to the performance and discharge of official functions and duties as required by Part 4, Division 1, Chapter 5 of the Act and Clause 23 of Part 2 of Schedule 2 to the Act.
Comment [PDL3]: This would have to be amended if the Board membership numbers were changed as has been previously suggested.
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2.4 Chair of the Board
2.4.1 The Board shall elect from amongst the Members appointed by the Constituent Councils pursuant to Clause 2.2.1.1, a Chair who shall hold office for a term of three (3) years or if the Member is an Elected Member of a Constituent Council for a period coinciding with his/her term of office as an Elected Member of the Constituent Council, whichever is the lesser, unless he/she resigns or is removed from office pursuant to this Charter or is otherwise no longer eligible to act as a Board Member.
2.4.2 In the event that the appointed Chair either resigns or is no longer eligible to act as a Board Member prior to the expiration of that person’s term, then the Board shall elect from amongst the Members appointed by the Constituent Councils a new Chair who shall hold office for the duration of the original appointment.
2.4.3 The Chair shall preside at all meetings of the Board and, in the event of the Chair being absent from a meeting, the members present shall appoint a member from amongst the Elected Members present, for the purposes of that meeting, who shall preside for that meeting or until the Chair is present.
2.5 Meetings of the Board
2.5.1 The provisions of Part 2 of the Local Government (Procedures at Meetings) Regulations 2000 shall, insofar as the same may be applicable and not inconsistent with this Charter, apply to the proceedings at and conduct of all meetings of the Board.
2.5.2 Ordinary meeting of the Board must take place at such times and places as may be fixed by the Board or the Manager of the Authority from time to time. There shall be at least one ordinary meeting of the Board held every quarter. Meetings shall not be held before 5 p.m. unless the Board resolves otherwise by resolution supported unanimously by all Board Members.
2.5.3 An ordinary meeting of the Board will constitute an ordinary meeting of the Authority. The Board shall administer the business of the ordinary meeting.
2.5.4 Notice of ordinary meetings of the Board must be given by the Manager to each Board Member and to each Constituent Council not less than 7 clear days prior to the holding of the meeting and shall be accompanied by the agenda for the meeting and any written reports.
2.5.5 For the purposes of this sub-clause, the contemporary linking together by telephone, audio-visual or other instantaneous means (“telecommunications meeting”) of a number of the members of the Board provided that at least a quorum is present, is deemed to constitute a meeting of the Board. Each of the Board members taking part in the telecommunications meeting, must at all times during the
Comment [PDL4]: This clause could perhaps be simplified if there are no longer independent Board members.
Comment [PDL5]: It is understood that Board meembrers would like to see this requirement relaxed to half yearly or even annual Board meetings.
Comment [PDL6]: Is this time restriction necessary?
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telecommunications meeting be able to hear and be heard by each of the other Board Members present. At the commencement of the meeting, each Board Member must announce his/her presence to all other Board Members taking part in the meeting. A Board Member must not leave a telecommunications meeting by disconnecting his/her telephone, audiovisual or other communication equipment, unless that Board Member has previously notified the Chair of the meeting.
2.5.6 A proposed resolution in writing and given to all Board Members in accordance with proceedings determined by the Board will be a valid decision of the Board where a majority of Board Members vote in favour of the resolution by signing and returning the resolution to the Manager or otherwise giving written notice of their consent and setting out the terms of the resolution to the Manager. The resolution shall thereupon be as valid and effectual as if it had been passed at a meeting of the Board duly convened and held.
2.5.7 Any Constituent Council or Board Member may by delivering written notice to the Manager of the Authority require a special meeting of the Board to be held. On receipt of the notice the Manager shall send a notice of the special meeting to all Board Members and to each Constituent Council at least 4 hours prior to the commencement of the special meeting. Such notice shall specify the date, time and place of the special meeting and be signed by the Manager, and contain, or be accompanied by, the agenda for the meeting.
2.5.8 The notice to the Manager requiring a special meeting to be held must be accompanied by the agenda for the meeting and any written reports intended to be considered at the meeting.
2.5.9 The quorum for any meeting of the Board is determined by dividing the number of members by two ignoring any fraction resulting from the division and adding one.
2.5.10 Every member of the Board, including the Chair, shall have a deliberative vote. The Chair shall not in the event of an equality of votes have a casting vote.
2.5.11 All matters will be decided by a majority of votes of the Board Members present except where this Charter provides otherwise.
2.5.12 Subject to sub-clause 2.3.1, all Board Members present at a meeting shall vote.
2.5.13 Any meeting of the Board may be adjourned from time to time and from place to place.
2.5.14 Subject to Clause 2.5.16, meetings of the Board must be conducted in a place open to the public.
Comment [PDL7]: This is a useful provision particularl from an administrative point of view.
Comment [PDL8]: Is 4 hours notice enough?
Comment [PDL9]: If the membership numbers are changed this provision will require alteration.
Comment [PDL10]: Clauses 2.5.10 through to Clause 2.5.23 largely reflect the requirements contained in Schedule 2 of the Local Government Act.
Comment [PDL11]: Does the Board still want this requirement?
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2.5.15 All Board Members must keep confidential all documents and any information provided to them for their consideration prior to a meeting of the Board.
2.5.16 The Board may order that the public be excluded from attendance at any meeting in order to enable the Board to consider in confidence any information or matter listed in Section 90(3) of the Act (after taking into account any relevant consideration under that subsection).
The exercise of this power does not exclude Board Members and any other person permitted by the Board to remain in the room.
2.5.17 Where an order is made under Clause 2.5.16, a note must be made in the minutes of the making of the order and of the grounds on which it was made.
2.5.18 The Manager must cause minutes to be kept of the proceedings at every meeting of the Board.
2.5.19 Where the Manager is excluded from attendance at a meeting of the Board pursuant to Clause 2.5.16, the person presiding at the meeting shall cause the minutes to be kept.
2.5.20 Each member of the Board and each Constituent Council must, notwithstanding an order made pursuant to Clause 2.5.16 be supplied with a copy of all minutes of the proceedings of the meeting.
2.5.21 Subject to Clause 2.5.23 a person is entitled to inspect, without payment of a fee, at the office of the Authority:
2.5.21.1 minutes of a Board Meeting;
2.5.21.2 reports to the Board received at a meeting of the Board;
2.5.21.3 recommendations presented to the Board in writing and adopted by resolution of the Board.
2.5.22 Subject to Clause 2.5.23, a person is entitled, on payment of a fee fixed by the Board, to obtain a copy of any documents available for inspection under Clause 2.5.21.
2.5.23 Clauses 2.5.21 and 2.5.22 do not apply in relation to a document or part of a document if:
2.5.23.1 the document or part of the document relates to a matter of a kind referred to in Clause 2.5.16; and
2.5.23.2 the Board orders that the document or part of the document be kept confidential.
3. STAFFING ISSUES
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3.1 The Board must appoint a Manager of the Authority to manage the business of the Authority on terms agreed between the Manager and the Board. The Manager may be a natural person or a body corporate.
3.2 If the Manager is a natural person, he/she shall be appointed on a fixed term performance based employment contract that does not exceed 5 years in duration. The Board may at the end of the contract term enter into a new contract not exceeding twelve months in duration with the same person.
3.3 The Manager shall cause records to be kept of the business and financial affairs of the Authority in accordance with this Charter, in addition to other duties provided for by this Charter and those specified in the terms and conditions of appointment.
3.4 In the absence of the Manager for any period exceeding one week, a suitable person to act in the position of Manager of the Authority must be appointed by the Board.
3.5 The Board shall delegate responsibility for the day-to-day management of the Authority to the Manager, who will ensure that sound business and human resource management practices are applied in the efficient and effective management of the operations of the Authority.
3.6 The functions of the Manager shall include but are not limited to:
3.6.1 attending at all meetings of the Board unless excluded by resolution of the Board;
3.6.2 ensuring that the decisions of the Board are implemented in a timely and efficient manner;
3.6.3 providing information to assist the Board to assess the Authority’s performance against its closure Management Plan and Strategy and its Business Plan;
3.6.4 appointing, managing, suspending and dismissing all other employees of the Authority;
3.6.5 determining the conditions of employment of all other employees of the Authority, within budgetary constraints set by the Board;
3.6.6 providing advice and reports to the Board on the exercise and performance of its powers and functions under this Charter or any Act;
3.6.7 co-ordinating and initiating proposals for consideration of the Board including but not limited to continuing improvement of the operations of the Authority;
3.6.8 ensuring that the assets and resources of the Authority are properly managed and maintained;
3.6.9 ensuring that records required under the Act or any other legislation are properly kept and maintained;
Comment [PDL12]: Is this limitation necessary? Does it restrict the Authority too much in terms of its options?
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3.6.10 exercising, performing or discharging other powers, functions or duties conferred on the Manager by or under the Act or any other Act, and performing other functions lawfully directed by the Board; and
3.6.11 achieving financial outcomes in accordance with adopted plans and budgets of the Authority.
3.7 The Manager may delegate or sub-delegate to an employee of the Authority or a committee comprising employees of the Authority, any power or function vested in the Manager. Such delegation or sub-delegation may be subject to any conditions or limitations as determined by the Manager.
3.8 Where a power or function is delegated to an employee, the employee is responsible to the Manager for the efficient and effective exercise or performance of that power or function.
3.9 The Manager must keep a written record of all delegations and sub-delegations at all times.
4. MANAGEMENT
4.1 Financial Management
4.1.1 The Authority shall keep proper books of accounts in accordance with the requirements of the Local Government (Financial Management) Regulations 1999.
4.1.2 The Authority’s books of account must be available for inspection by any Board Member or authorised representative of any Constituent Council at any reasonable time on request.
4.1.3 The Authority must establish and maintain a bank account with such banking facilities and at a bank to be determined by the Board.
4.1.4 The Authority shall appoint no less than two Board Members, the Manager, and the Chair as authorised operators of the bank accounts. A minimum of two authorised operators are required to deal with the bank account at any one time.
4.1.5 Two persons authorised by resolution of the Board must sign all cheques.
4.1.6 All payments made by Electronic Funds Transfer must be made in accordance with procedures that have received prior approval of the Auditor of the Authority.
4.1.7 The Manager must act prudently in the handling of all financial transactions of the Authority and must provide regular financial and corporate reports to the Board and if requested, the Constituent Councils.
Comment [PDL13]: If the number of Board members is reduced there may be a need to reconsider this provision.
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4.2 Auditor
4.2.1 The Authority shall appoint an auditor in accordance with the Local Government (Financial Management) Regulations 1999.
4.2.2 The Auditor shall hold office until the appointment is rescinded by a resolution of the Board at an ordinary meeting.
4.2.3 The Auditor will have the same powers and responsibilities as set out in the Act in relation to a Council.
4.2.4 The audit of Financial Statements of the Authority, together with the accompanying report from the Auditor, shall be submitted to both the Board and the Constituent Councils.
4.2.5 The books of account and financial statements shall be audited at least once per year.
4.3 Business Plan
The Authority shall:
4.3.1 prepare a three year Business Plan linking the closure of the Highbury Landfill Site to strategic, operational and organisational requirements with supporting financial projections setting out the estimates of revenue and expenditure as necessary for the period;
4.3.2 in preparing and subsequently reviewing the Business Plan have regard to and where appropriate integrate the requirements of the Environment Protection Authority’s Post Closure Management Plan with the provisions of the Business Plan;
4.3.3 in consultation with the Constituent Councils review the Business Plan annually;
4.3.4 consult with the Environment Protection Authority during the annual review of the Business Plan; and
4.3.5 submit the Business Plan to the Constituent Councils for their approval.
(See Clause 24, Part 2, Schedule 2 to the Act for the contents of the Business Plan)
4.4 Annual Budget
4.4.1 The Authority shall prepare and after 31 May each year adopt an annual budget for the ensuing financial year in accordance with the Act.
4.4.2 The Authority must provide a copy of its annual budget to the Chief Executive Officer of each Constituent Council within five business days after adoption.
Comment [PDL14]: It might be useful to more directly acknowledge the existence and role of the EPA’s post closure management plan. I have suggested some possible additional clauses.
Deleted: and
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4.4.3 Reports summarising the financial position and performance of the Authority shall be prepared and presented to the Board, at each ordinary meeting of the Board and copies provided to the Chief Executive Officer of each Constituent Council.
4.4.4 The Authority must reconsider its budget at least three times in each Financial Year at intervals of not less than three months between 30 September and 31 May (inclusive) in accordance with the requirements of the Local Government (Financial Management) Regulations 1999.
(See Clause 25, Part 2, Schedule 2 to the Act for the contents of the budget)
4.5 Reporting
4.5.1 The Authority must submit to the Constituent Councils, by 30 September in each Financial Year a report on the work and operations of the Authority detailing achievement of the aims and objectives of its Business Plan and incorporating the audited Financial Statements of the Authority and any other information or reports as required by the Constituent Councils.
4.5.2 On or before the second Friday in September of each year the Board shall present to the Constituent Councils a balance sheet and full financial report in respect of the previous operating year.
4.5.3 The Board shall present financial statements in accordance with the Local Government (Financial Management) Regulations 1999 to the Constituent Councils at the end of each Financial Year.
5. MISCELLANEOUS
5.1 Equitable Share
Each of the Constituent Councils will have a equity share in the Authority as set out in the table contained at Schedule 1 to this Charter.
5.2 Withdrawal
5.2.1 A constituent Council may not withdraw from the Authority except with the approval of the Minister and subject to the Act and this Charter.
5.2.2 A constituent Council that intends to withdraw from the Authority shall give to the Board written notice of such intention, specifying the date of intended withdrawal. The notice shall be a minimum of 12 months notice expiring on 30 June of the subsequent year.
5.2.3 The withdrawal of any constituent Council does not extinguish the liability of that Constituent Council for the payment of its contribution towards any actual or contingent deficiency in the net assets of the Authority at the end of each Financial Year until the Authority is dissolved or wound up.
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5.2.4 The withdrawal of any Constituent Council does not extinguish the liability of the withdrawing Constituent Council to contribute to any liability in respect of the Highbury Landfill Site.
5.2.5 Any payment by or to the withdrawing Constituent Council must be fully paid by 30 June of the Financial Year in which the demand is made unless there is common agreement of alternative payment arrangements by the Constituent Councils.
5.2.6 The guarantee for any liability incurred or assumed by a Constituent Council survives the withdrawal by the Constituent Council.
5.3 New Members
Subject to the provisions of the Act and in particular the consent of the Minister to admission of a new Constituent Council or Councils, this Charter may be amended by unanimous agreement of the Constituent Councils to provide for the admission of a new Constituent Council or Councils, with or without conditions of membership.
5.4 Insurance and Superannuation Requirements
5.4.1 The Authority shall register with the Local Government Mutual Liability Scheme and the Local Government Workers Compensation Scheme and comply with the rules of those schemes.
5.4.2 The Authority shall advise the Local Government Risk Management Services of its insurance requirements relating to Local Government Special Risks including land, contamination, buildings, structures, vehicles and equipment under the management, care and control of the Authority.
5.4.3 Where the Authority has employees it shall register with the Local Government Superannuation Scheme and comply with the rules of the Scheme.
5.5 Winding Up
5.5.1 The Authority may be wound up by the Minister acting upon a unanimous resolution of the Constituent Councils or by the Minister in accordance with Schedule 2, Part 2, clause 33(1) (b) of the Act.
5.5.2 On winding up of the Authority, the surplus assets or liabilities of the Authority, as the case may be, shall be distributed between or become the responsibility of the Constituent Councils in the proportions of their equitable interest in accordance with Schedule 1.
5.5.3 If there are insufficient funds to pay all expenses due by the Authority on winding up, a levy shall be imposed on all Constituent Councils in proportion to the equity share of the Constituent Councils in the Financial Year prior to the passing of the resolution to wind up.
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5.6 Direction by Constituent Councils
5.6.1 The establishment of the Authority does not derogate from the power of any of the Constituent Councils to act independently in relation to a matter within the jurisdiction of the Authority.
5.6.2 Provided that the Constituent Councils have all first agreed unanimously as to the action to be taken, the Constituent Councils may direct and control the Authority.
5.6.3 For the purpose of Sub-clause 5.5.2, any direction given by the Constituent Councils must be given in writing to the Manager of the Authority.
5.7 Review of Charter
5.7.1 The Constituent Councils will review this Charter at least once in every three years.
5.7.2 This Charter may be amended by unanimous resolution of the Constituent Councils.
5.7.3 The Manager must ensure that the amended Charter is published in the Gazette and a copy of the amended Charter provided to the Minister.
5.7.4 Before the Constituent Councils vote on a proposal to alter this Charter they must take into account any recommendation of the Board.
5.8 Disputes Between Constituent Councils
5.8.1 The Constituent Councils agree to work together in good faith to resolve any matter requiring their direction or resolution.
5.8.2 Where the Constituent Councils are unable to resolve a matter within 21 days of a matter being presented to them, the matter will be referred by the Manager, for arbitration by the President (or his/her nominee) of the Institute of Arbitration.
5.8.3 Notwithstanding sub-clause 5.7.2 the Constituent Councils agree to be bound by the decision of the Arbitrator (except in relation to any decision relating to the acquisition or disposal of any real property) and will endeavour to work together in good faith in the implementation of that decision.
5.8.4 The costs of arbitration shall be borne equally by the Constituent Councils.
5.9 Committees
5.9.1 The Board may establish a committee of Board Members for the purpose of:
Comment [PDL15]: Note that it is the Constituent councils and not the HLA which have the power to amend the Charter-see Clause 19 of Schedule 2 to the Local Government Act,1999. Further Cl.19(4) provides that the Charter may be reviewed by the Constituent Councils at any time but must in any event be reviewed at least once in every 4 years.
Comment [PDL16]: Note that in the current Gazette version of the Charter (GG 26 August 2004 at p2 the Gazette version is missing some clauses. Clauses 5.9.1.2 through to clause 5.10.1 inclusive are missing. FurthermoreSchedule 1 to the Charter which sets out the Equity Share is inserted after Clause 5.9.1.1 instead of at the end of the document.
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5.9.1.1 enquiring into and reporting to the Board on any matter within the Authority’s functions and powers and as detailed in the terms of reference given by the Board to the Committee;
5.9.1.2 exercising, performing or discharging delegated powers, functions or duties.
5.9.2 A member of a committee established under this Clause holds office at the pleasure of the Board.
5.9.3 The Board may establish advisory committees consisting of or including persons who are not Board Members for enquiring into and reporting to the Board on any matter within the Authority’s functions and powers and as detailed in the terms of reference which must be given by the Board to the advisory committee.
5.9.4 A member of an advisory committee established under this clause holds office at the pleasure of the Board.
5.9.5 The Chair of the Board is an ex-officio a member of any advisory committee established by the Board.
5.10 Common Seal
5.10.1 The Authority will have a common seal, which may be affixed to documents requiring execution under seal and where affixed must be witnessed by the Chair of the Board and the Manager.
5.10.2 The common seal must not be affixed to a document except to give effect to a resolution of the Board.
5.10.3 The Manager must maintain a register which records the resolutions of the Board giving authority to affix the common seal and details of the documents to which the common seal has been affixed with the particulars of persons who witnessed the fixing of the seal and the date that the seal was affixed.
5.10.4 The Board may by instrument under seal authorise a person to execute documents on behalf of the Authority.
5.11 Circumstances Not Provided For
5.11.1 If any circumstance arises about which this Charter is silent, incapable of taking affect or being implemented according to its strict provisions, the Chair may decide the action to be taken to ensure achievement of the objects of the Authority and it effective administration.
5.11.2 The Chair shall report any such decision at the next ordinary meeting of the Authority.
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SCHEDULE 1
EQUITY SHARE
Constituent Council
Equity Share
City of Burnside
50.406%
City of Norwood, Payneham & St Peters
40.357%
Corporation of Town of Walkerville
9.237%
TOTAL
100%
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HIGHBURY LANDFILL AUTHORITY Member Councils: ● City of Burnside ● City of Norwood, Payneham & St Peters
● Corporation of the Town of Walkerville
Highbury Landfill Authority Board Meeting Dates
2013
Thursday, 14th March 2013
Thursday, 13th June 2013
Thursday, 10th October 2013
Thursday, 5th December 2013
Attachment 3
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HIGHBURY LANDFILL AUTHORITY Member Councils: ● City of Burnside ● City of Norwood, Payneham & St Peters ● Corporation of the Town of Walkerville
C/- 21 RUNDLE STREET
KENT TOWN SA 5067
TEL: 8363 9100
FAX: 8363 9725
M: 0419 846498
EMAIL: [email protected]
MINUTES OF THE ORDINARY MEETING OF THE
BOARD OF THE HIGHBURY LANDFILL AUTHORITY
1:00pm, Thursday 14th March 2013 at the Rising Sun Inn,
60 Bridge Street, Kensington
PRESENT: Cr John Minney City of Norwood Payneham & St Peters
(Deputy Chair)
Mr Paul Deb City of Burnside (Board Member) Mr Jeff Sandford Corporation of the Town of Walkerville (Proxy)
IN ATTENDANCE: Mr Trevor Hockley TJH Management Services Pty Ltd
1. APOLOGIES Ms Kiki Magro Corporation of the Town of Walkerville
(Chair)
Pursuant to Clause 2.4.3 of the Charter, the Executive Officer called for nominations for the position of Acting Chair. Cr John Minney, being the only nomination, assumed the role of Chair for the meeting.
2. CONFIRMATION OF THE PREVIOUS MINUTES
RESOLVED: Moved Mr Sandford, seconded Mr Deb, that the minutes of the Ordinary Board Meeting held on 11 December 2012 be taken as read and confirmed.
CARRIED 3. BUSINESS ARISING FROM PREVIOUS MINUTES
Nil.
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4. EXECUTIVE OFFICER’S REPORT
Post-Closure Management of the Highbury Landfill The Board had completed a site inspection of the Highbury Landfill. The access
issue for landfill gas monitoring was discussed and this work would be allowed for in the new financial year.
The Board noted the neat and tidy presentation of the site and the natural regeneration of trees, shrubs and grasses.
The neighbouring property was also inspected which was the subject of a boundary dispute that has now been resolved by HLA granting an easement for the encroachment of the septic tank.
RESOLVED: That the Board authorize the Acting Chair and Executive Officer to
sign under seal the Grant of Easement, in accordance with File Plan FX57476.
CARRIED
Environment Protection Authority (EPA) Groundwater Monitoring The Board noted the correspondence from the EPA regarding a Section 83A
Notification. The subsequent testing of a new groundwater monitoring well has shown significant improvement in the groundwater quality. A groundwater risk assessment will not be undertaken unless requested by the EPA.
Landfill Gas Monitoring The Board had to hand the February 2013 Landfill Gas monitoring report
submitted monthly to the EPA. There were no significant changes to the landfill gas profile for the site.
Ministerial DPA Rezoning of Adjacent Land Highbury The Board noted that there were no further developments regarding the Ministerial DPA. The Board reaffirmed its position to meet with the Minister for
Local Government, the Minister for Planning, the Chair and Chief Executive Officer of the EPA and the Local Member and these meetings will be coordinated throughout the year.
Financial Reporting and Administration
Financial Reports The half-year budget review to December 2012 showed HLA slightly ahead of budget.
Governance/ Charter Review The final report from Mr Paul Leadbeter was included in the Agenda. The Board
agreed with the recommendations in the report and the suggested two stage process to finalise the governance model for the post-closure of the Highbury Landfill. The Board requested that the Leadbeter Report be referred to Member Councils with a standard set of recommendations. Once these recommendations
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have been considered and accepted by Member Councils then a revised Charter will be prepared and referred to the Board and then to Member Councils for their
final approval.
RESOLVED: Moved Mr Deb, seconded Mr Sandford, that the Executive Officer’s Report be received
And that the report titled ‘Possible Options Regarding Ongoing Management of Highbury Landfill Authority’ be referred to Member Councils and subject to Member Council acceptance of the recommendations, Mr Michael Kelledy, Kelledy Jones, be engaged to amend the HLA Charter for referral to Member Councils with a covering report prior to gazettal of the reviewed Charter.
CARRIED
5. ANY OTHER BUSINESS Nil.
6. DATE AND TIME OF NEXT ORDINARY BOARD MEETING The next Board Meeting will be held at 1:00pm, Thursday, 13th June 2013 at a
venue to be advised.
SIGNED ………………………………………………………………… Chairperson
Date ……………./…………………/2013
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