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COUNCIL MEETING

A G E N D A

Meeting to be held in the Civic Centre, Unley Council Chambers

181 Unley Road Unley On Monday 25 March 2013 at 7.00 pm

MEMBERS His Worship the Mayor L Clyne (Presiding Member) Councillor M Hudson Councillor J Koumi Councillor A Lapidge Councillor P Hughes Councillor R Sangster Councillor M Saies Councillor M Hewitson Councillor R Salaman Councillor R Schnell Councillor D Tipper Councillor J Boisvert Councillor D Palmer ACKNOWLEDGEMENT We acknowledge that the land we meet on today is the traditional land of the Aboriginal people and that we respect their spiritual relationship with their country. We also acknowledge that the Aboriginal people are the custodians of the Adelaide region and that their cultural and heritage beliefs are still important to the living Aboriginal people today. PRAYER AND ACKNOWLEDGEMENT Almighty God, we humbly beseech Thee to bestow Thy blessing upon this Council. Direct and prosper our deliberations for the advancement of Thy Kingdom and true welfare of the people of this city. Members will stand in silence in memory of those who have made the Supreme Sacrifice in the service of their country, at sea, on land and in the air. Lest We Forget.

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WELCOME

ITEM NO

PAGE NO

APOLOGIES

CONFLICT OF INTEREST

693 MINUTES Minutes of the Council meeting held on Monday 25 February 2013. Minutes issued separately

1

PETITION Nil

PRESENTATION Nil

DEPUTATION Ms Mary Kolusniewski Re tree removal Ada Street Goodwood

REPORTS OF COMMITTEES To receive and adopt or otherwise the reports and recommendations of the undermentioned Committees. The adoption of a report authorises any expenditure therein recommended.

694 Unley Business and Economic Development Committee Minutes of meeting held on Wednesday 6 March 2013 Minutes Attached

2

695 Minutes of Infrastructure and Capital Project Committee Minutes of meeting held on Tuesday 12 March 2013 Minutes Attached

3

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http://www.unley.sa.gov.au/webdata/resources/files/Att%201%20Item%20694%20FCM%20March%202013.pdf




ITEM NO

PAGE NO

696 Development Strategy and Policy Committee Minutes of meeting held on Monday 18 March 2013 Minutes Attached

4

697 MAYOR’S REPORT

Attachment 1

5

698 REPORTS OF MEMBERS a) Items of particular interest and concern. Report from Deputy Mayor – Councillor Schnell b) Centennial Park Cemetery Authority c) Development Matters

6

REPORTS OF OFFICERS

699 Election for Positions for Metropolitan Representatives to the LGA State Executive Committee Attachment 1 Attachment 2

7 – 10

700 Register of Interests – Independent Members of S.41 Committees

11 – 13

701 Review of Committee Terms of Reference Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 7

14 – 18

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ITEM NO

PAGE NO

702 Audit Committee Change of Structure Attachment 1

19 – 21

703 Reference Groups Attachments 2 and 3

22 – 28

704 Delegations Update Attachment 1 Attachment 2 Attachment 3

29 – 32

705 Centennial Park Cemetery Authority – Performance Progress Report December 2012 Attachment 1

33 – 34

706 End of Month Financial Report

35 – 39

707 Review of Confidentiality Orders Attachments

40 – 41

708 Council Action Records Attachment

42

709

QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN Question on Notice from Councillor Boisvert re DPTI

43 – 44

710 Questions on Notice from Councillor Saies re Wayville Station

45 – 47

QUESTIONS WITHOUT NOTICE

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ITEM NO

PAGE NO

711 CORRESPONDENCE SA Ambulance Service Hon Tony Piccolo MP Leon Bignell MP Hon Russell Wortley Education Adelaide Centennial Park Cemetery Authority

48

MOTIONS OF WHICH NOTICE HAS BEEN GIVEN

712 Notice of Motion from Councillor Hughes re Free Entry to Unley Swimming Centre

49 – 50

MOTIONS WITHOUT NOTICE

713 UNRESOLVED ITEMS 51

CONFIDENTIAL ITEMS

714 Confidentiality Motion for Item 715 – Centennial Park Cemetery Authority – Strategic Plan 2013-2023

52 – 53

715 Centennial Park Cemetery Authority Strategic Plan 2012-2023

54 – 56

716 Confidentiality Motion to Remain in Confidence – Item 715 – Centennial Park Cemetery Authority – Strategic Plan 2013-2023

57 – 58

PROPOSED AGENDA ITEMS FOR APRIL

• Update on Federal Stormwater Projects • Master Plan for Unley Oval Precinct • Draft ABP for Consultation • Delegations – Public Health Act • Lease of Part 1 Curzon Avenue Millswood

to Forestville Hockey Club • Lease of Unley Oval to Sturt District Cricket

Club • Lease of Part 1 Curzon Avenue to

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Goodwood Saints Football Club • Elector Representation Review – Final

Phase • Pay for Use Parking Policy and Trial Sites

NEXT MEETING 22 April 2013 – 7.00pm

Peter Tsokas Chief Executive Officer

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CONFIRMATION OF MINUTES TITLE: CONFIRMATION OF MINUTES FOR COUNCIL

MEETING HELD ON 25 FEBRUARY 2013 ITEM NUMBER: 693 DATE OF MEETING: 25 MARCH 2013 ATTACHMENTS: NIL RECOMMENDATION MOVED: SECONDED: That: 1. The minutes of the Council Meeting held on Monday 25 February 2013, as

printed and circulated, be taken as read and signed as a correct record.

(This is page 1 of the Council Agenda Reports for 25 March 2013)

REPORT OF COMMITTEE TITLE: MINUTES OF UNLEY BUSINESS AND

ECONOMIC DEVELOPMENT COMMITTEE – 6 MARCH 2013

ITEM NUMBER: 694 DATE OF MEETING: 25 MARCH 2013 ATTACHMENTS: 1. MINUTES OF MEETING FOR MARCH 2013 RECOMMENDATION MOVED: SECONDED: That: 1. The minutes of the Unley Business and Economic Development Committee

meeting held on Wednesday 6 March 2013, be received. 2. The recommendations listed under Items 1- 5 inclusive, be adopted.


UNLEY BUSINESS AND ECONOMIC DEVELOPMENT COMMITTEE

Minutes of the meeting held Wednesday, 6 March 2013 at 6.02pm In the Unley Civic Centre, 181 Unley Road, Unley

PRESENT:

Cr John Koumi (Presiding Member) Cr Don Palmer (arr. at 6.08pm) Cr Anthony Lapidge Cr Rufus Salaman (arr. at 6.05pm) Mr Chris Vounasis Mr Phillip Brunning Mr Andre Stuyt Ms Gabrielle Leonello Mr James Morris Mr Sean Bushby Mr Craig Phillips (arr. at 6.13pm) Mr Patrick Weaver (arr. at 6.05pm) Ms Angela Winters

ACKNOWLEDGMENT: The Presiding Member opened the meeting with the Acknowledgement and welcomed Members to the meeting. APOLOGIES:

Mayor Lachlan Clyne

Mr Andrew Bahr OFFICERS PRESENT:

Mr Peter Tsokas, Chief Executive Officer Mr Paul Weymouth, Acting General Manager Economic Development and Planning Mr Matt Grant, Manager Economic Development Ms Kelley Jaensch, Executive Assistant Economic Development and Planning Ms Carol Gowland, Executive Assistant to the CEO

OBSERVERS:

Councillor Saies

(This is page 1 of the Unley Business and Economic Development Committee minutes for 6 March 2013)

CONFIRMATION OF MINUTES: MOVED: Andre Stuyt SECONDED: Sean Bushby That the minutes of the meeting of the Unley Business and Economic Development Committee held on Wednesday, 7 November 2012 as printed and circulated, be taken as read and signed as a correct record.

CARRIED UNANIMOUSLY CONFLICTS OF INTEREST: None DEPUTATIONS: Nil WRITTEN REPORTS FROM REPRESENTATIVES: ITEM 1 ASSOCIATION COORDINATORS’ QUARTERLY REPORTS FOR THE PERIOD ENDING 31 DECEMBER 2012 MOVED: Councillor Lapidge SECONDED: Patrick Weaver That: 1. The report be received.

CARRIED UNANIMOUSLY SUSPENSION OF MEETING PROCEDURES The Presiding Member advised the meeting that he thought the meeting would benefit from a short term suspension of the meeting procedures, for up to 45 minutes, which would also enable Councillor Saies to participate in the discussions. This was supported with a two thirds majority. The meeting procedures were suspended at 6.37pm. Sean Bushby left the meeting at 6.38pm and returned at 6.39pm. Councillor Saies left the meeting at 6.32pm.


EXTENSION OF SUSPENSION OF MEETING PROCEDURES The Presiding Member advised that a further suspension of meeting procedures would occur for 10 minutes at 7.22pm. This was supported with a two thirds majority of the Committee. The meeting procedures were suspended at 7.22pm. The meeting procedures were reinstated at 7.32pm. ITEM 2 MAIN STREET ASSOCIATION MARKETING FUNDING REQUESTS 2013-14 MOVED: Andre Stuyt SECONDED: Chris Vounasis That: 1. The report be received. 2. A separate rate of $96 000 to be collected from the properties in the category of

Commercial (Office), Commercial (Shop) and Commercial (Other) on Unley Road, be considered as part of the Draft Annual Business Plan 2013-14 for community consultation.

3. A separate rate of $133 000 to be collected from the properties in the category

of Commercial (Shop) on King William Road between Greenhill Road and Commercial Road, be considered as part of the Draft Annual Business Plan 2013-14 for community consultation.

4. A fixed differential separate rate of $250 to be collected from the properties in

the category of Commercial (Office), Commercial (Shop) and Commercial (Other) with addresses along Fullarton Road (between Cross Road and Fisher Street), be considered as part of the Draft Annual Business Plan 2013-14 for community consultation.

5. A separate rate of $45 000 to be collected from the properties in the category of

Commercial (Shop), Commercial (Office) and Commercial (Other) on Goodwood Road between Leader Street/Parsons Street and Mitchell Street/Arundel Avenue, be considered as part of the Draft Annual Business Plan 2013-14 for community consultation.

6. A separate rate of $18 355 to be collected from properties in the category of

Commercial (shop) on Glen Osmond Road between Greenhill Road and Katherine Street be considered as part of the Draft Annual Business Plan 2013-14 for community consultation.

*


Item 2 Mainstreet Association Marketing Funding Requests 2013-14 - Continued 7. The City of Unley write to the City of Burnside in support of the Glen Osmond

Road Precinct Association’s formal request to match funding for delivery of marketing activities for the Precinct in 2013-14.

CARRIED UNANIMOUSLY

*Denotes change ITEM 3 PROPOSED MAIN STREET IMPROVEMENT PROGRAM 2013 -14 MOVED: Andre Stuyt SECONDED: James Morris That: 1. The report be received. 2. The Unley Business and Economic Development Committee request Council to

consider as a high priority in the 2013-14 budget process a new initiative of $130 000 for 2013-14 Main Street Improvement related Projects. The projects to comprise of the following:

2.1 Funding of $50 000 be considered for King William Road Master Plan

stage 2 ‘Detailed Design and Documentation’ as per Attachment 2 to Item 3/13.

2.2 Funding of $5 000 be considered for King William Road Outdoor

Marketing Infrastructure as per Attachment 2 to Item 3/13. 2.3 Funding of $18 500 be considered towards the ‘Unley Road Honour

Signage’ Project as per Attachment 2 to Item 3/13.

2.4 Funding of $6 500 be considered towards two smaller Highgate Village Precinct infrastructure projects as per Attachment 2 to Item 3/13.

2.5 Funding of $20 000 be considered towards pedestrian safety fencing for

Goodwood Central Precinct as per Attachment 2 to item 3/13.

2.6 Funding of $30 000 be considered towards developing a concept plan for Glen Osmond Road per Attachment 2 to item 3/13.

3. A report be submitted to UBED at the April meeting on the cost of

implementing the wifi project submitted by the Goodwood Central Traders and Services Association for the Goodwood Road precinct.

CARRIED UNANIMOUSLY


ITEM 4 JANUARY 2013 COMMERCIAL VACANCY RATE REVIEW MOVED: Andre Stuyt SECONDED: Philip Brunning That: 1. The report be received.

2. Future reports should give consideration to providing an expanded range of

qualitative and quantitative measures.

CARRIED UNANIMOUSLY

ITEM 5 CORRESPONDENCE MOVED: Councillor Palmer SECONDED: Councilor Lapidge That 1. The correspondence from the City of Unley be received.

CARRIED NEXT MEETING: Wednesday, 3 April 2013 CLOSE OF MEETING: The Presiding Member closed the meeting at 8.03pm.

……………………………….. PRESIDING MEMBER

…………………………….. DATE


REPORT OF COMMITTEE TITLE: MINUTES OF INFRASTRUCTURE AND CAPITAL

PROJECTS COMMITTEE – 12 MARCH 2013 ITEM NUMBER: 695 DATE OF MEETING: 25 MARCH 2013 ATTACHMENTS: 1. MINUTES OF MEETING MARCH 2013 RECOMMENDATION MOVED: SECONDED: That: 1. The minutes of the Infrastructure and Capital Projects Committee meeting

held on Tuesday 12 March 2013, be received. 2. The recommendations listed under Items 1 - 2 inclusive, be adopted.


INFRASTRUCTURE AND CAPITAL PROJECTS COMMITTEE

Minutes of meeting held Tuesday 12 March 2013 – 7.01pm

Civic Centre 181 Unley Road Unley

PRESENT Councillor J Boisvert – Presiding Member Councillor J Koumi Councillor R Sangster Councillor R Salaman Ms N Edwards Mr G Brennan Mr P Di Iulio OFFICERS PRESENT Mr J Devine, General Manager Assets & Infrastructure Mr P Tsokas, Chief Executive Officer Ms C Gowland, Executive Assistant to CEO Mr B Curtis, Manager Strategic Projects Mr A Johns, Project Manager OBSERVERS Councillor D Palmer Councillor P Hughes (left at 7.32pm) REPORT TO COUNCIL 25/3/13 ACKNOWLEDGEMENT The Presiding Member opened the meeting with the Aboriginal Acknowledgement.

APOLOGIES Mayor Lachlan Clyne

(This is page 1 Of the Infrastructure & Capital Projects Committee Minutes for March 2013)

CONFLICT OF INTEREST Nil DEPUTATIONS Nil SUSPENSION OF STANDING ORDERS MOVED Councillor Salaman SECONDED Councillor Sangster That the standing orders be suspended for up to 1 hour to allow presentations on Meeting Protocols and a presentation by the General Manager Assets and Infrastructure.

CARRIED

Standing Orders suspended at 7.04pm. EXTENSION OF SUSPENSION OF STANDING ORDERS The Presiding Member advised that a further suspension of standing orders would occur for 20 minutes. This was supported with a two thirds majority of the Committee. The standing orders were suspended at 8.04pm. Councillor Salaman left the meeting at 8.04pm returning at 8.06pm. Mr Di Iulio left the meeting at 8.16pm. EXTENSION OF SUSPENSION OF STANDING ORDERS The Presiding Member advised that a further suspension of standing orders would occur for 5 minutes. This was supported with a two thirds majority of the Committee. The standing orders were suspended at 8.24pm. Standing orders resumed at 8.30pm. ITEM 1 MEETING PROTOCOLS

Councillor Boisvert went through the meeting protocols for the benefit of the members present. (Copy provided to Members.)


ITEM 2 ASSET OVERVIEW, CAPITAL PROGRAM OVERVIEW, IPWEA ASSET MANAGEMENT FRAMEWORK OVERVIEW – POSSIBLE PRIORITIES FOR COMMITTEE Mr Alan Johns, Project Manager Mr Brenton Curtin, Manager Strategic Assets Mr John Devine, General Manager Assets and Infrastructure Presented an overview on the above topics to the Committee. (Copy provided to Members) MEETING DATES/TIMES The committee agreed that the next meeting would commence at 6.30pm on Monday 29 April 2013. CLOSURE The Presiding Member closed the meeting at 8.33pm.

…………………………….. PRESIDING MEMBER

………………….


REPORT OF COMMITTEE TITLE: MINUTES OF DEVELOPMENT STRATEGY AND

POLICY COMMITTEE MEETING – 18 MARCH 2013

ITEM NUMBER: 696 DATE OF MEETING: 25 MARCH 2013 ATTACHMENTS: 1. MINUTES OF DEVELOPMENT STRATEGY

AND POLICY COMMITTEE MEETING MARCH 2013

RECOMMENDATION MOVED: SECONDED: That: 1. The minutes of the Development Strategy and Policy Committee meeting

held on Monday 18 March 2013, be received. 2. The recommendations listed under Items 1 - 2 inclusive, be adopted.


DEVELOPMENT STRATEGY AND POLICY COMMITTEE

MINUTES

Meeting held Monday 18 March 2013 – 7.00pm


MEMBERS Councillor Michael Hewitson – Presiding Member Mayor Lachlan Clyne – ex officio Councillor D Palmer Councillor A Lapidge Councillor B Schnell Mr T Maras Mr T Horton Mr R Freeman REPORT TO COUNCIL : 25 March 2013 ACKNOWLEDGEMENT The Presiding Member opened the meeting with the Acknowledgement and welcomed Members to the meeting. The Presiding Member welcomed Members of the Committee and introduced Elected Members in the Gallery and David Pisoni MP and Hon Steph Key to the meeting. APOLOGIES Nil OFFICERS PRESENT Chief Executive Officer, Mr P Tsokas A/General Manager Economic Development & Planning, Mr P Weymouth Senior policy Planner, Mr D Brown Executive Assistant Economic Development & Planning, Ms K Jaensch Executive Assistant to CEO, Ms C Gowland

(This is page 1 of the Unley Development Strategy and Policy Committee minutes for 18 March 2013)

DEPUTATIONS Deputations were heard from the following people in relation to the proposed DPA to the Unley (City) Development Plan. P Croft P Best C Merrigan P McMeekin LPieraccini, Coordinator RECC Sam Morris – MasterPlan on behalf of the Unley Road Association Incorporated Kylie Bockman Phillip Brunning & Associates Pty Ltd, on behalf of Mr J Hill MasterPlan – Greg Vincent on behlf of Resthaven Incorporated C Short J Crowther J Allender FOCUS – Dean Kemp D Chivell P Marshall – Adelaide Showgrounds Area Residents Group T Haddad J Morris A Brookfield P Neuhaus S Csorba C Hewitson R Salaman Roger Freeman left the meeting at 9.20pm and returned at 9.24pm. Theo Maras left the meeting at 9.20pm and returned at 9.22pm. Don Palmer left the meeting at 9.20pm and returned at 9.22pm. Tim Horton left the meeting at 9.21pm and returned at 9.22pm. CONFLICT OF INTEREST Nil


ITEM 1 PUBLIC MEETING – CONSULTATION ON VILLAGE LIVING & DESIRABLE NEIGHBOURHOODS DEVELOPMENT PLAN AMENDMENT – MAIN ROAD CORRIDOR MIXED USE & RESIDENTIAL VITALISATION (GREENHILL & UNLEY ROADS) MOVED: Councillor Schnell SECONDED: Councillor Palmer That: 1. The report be received. 2. The Public and Agency submissions, and further verbal submissions, be

received and noted.

CARRIED UNANIMOUSLY

ITEM 2 STRATEGIC URBAN DESIGN AND PLANNING POLICY PROGRAM QUARTERLY UPDATE MOVED: Councillor Lapidge SECONDED: Councillor Schnell That: 1. The report be received.

CARRIED UNANIMOUSLY NEXT MEETING: Wednesday, 17 April 2013 CLOSE OF MEETING: The Presiding Member closed the meeting at 9.31pm.

……………………………….. PRESIDING MEMBER

…………………………….. DATE


MAYOR’S REPORT TITLE: MAYOR’S REPORT FOR MONTH OF MARCH

2013 ITEM NUMBER: 697 DATE OF MEETING: 25 MARCH 2013 ATTACHMENTS: 1. MAYOR’S REPORT RECOMMENDATION MOVED: SECONDED: That: 1. The report be received.


ATTACHMENT 1

MAYOR’S REPORT

COMMENTS…………………………………………………………… 2

EMERGING……………………………………………………………. 2

LIVING…………………………………………………………………. 2

MOVING………………………………………………………………… 2

GREENING……………………………………………………………… 2

MAYOR’S REPORT OF ACTIVITIES AND FUNCTIONS ATTENDED……… 3

CITY OF UNLEY VISION 2015

The City of Unley is recognised for its community spirit, natural and built environment, business

strength and innovative leadership.

COMMENTS

As the sporting seasons change so also I notice the service clubs begin to hold their AGMs. The big question I find myself asking is, “Why are people so afraid to hold committee positions?” In my capacity as Mayor of Unley I come into frequent contact with many community groups. One constant and universal issue is the unwillingness of people to be on committees. Holding a committee position is simple. There is no great science to it. Interestingly, there was once a time when holding a committee position was a competitive process. Perhaps people think the responsibility of holding a committee role will take thousands of hours out of their week and require them to perform onerous and unpleasant tasks. In my experience the benefits of contributing at a committee level far outweigh the bad experiences. But lying at the foundation of this issue is that people simply don’t know how to perform the roles and duties required of them in a committee setting. It is the collective lack of exposure people have to such positions as President, Treasurer or Secretary which has brought this disinterested reality into our society. The great social void in our combined skill set has made us retreat from simply contributing at a committee level. When I muse about the differences between the effective and the struggling community groups in our City it is often the energy and capacity of the committee which makes or breaks them. The simple art of understanding committee processes, how to contribute to the debate or ask a question at a meeting is a simple skillset which every person should have access to. So perhaps schools need to build into their curriculum lessons which teach every student how to Chair a meeting, be the treasurer, take the minutes and simply contribute to the debate? Until we start seeing schools educating children on committee roles and responsibilities we put at risk the viability of community groups which make our City interesting and dynamic.

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I suggest this issue can be positively addressed through the education system. The State Government can take a leadership role in educating school aged children in the simple, practical, necessary and needed set of skills required to increase the participation rate of citizens in these key roles. By introducing to the curriculum a program which introduces and educates school kids about the basic skills required to perform key committee roles. Over time this initiative would ensure a more vibrant “social sector” as an overwhelming majority of the public will know how to participate at a committee level. Let’s educate the next generation on how to be involved in committees. Until then, let’s find innovative ways to support community groups with their governance, let’s do what we can to educate our community to make it easier for more people to take on leadership roles feeling unencumbered. EMERGING Community interest in the City of Unley’s, “Find Your Everything” the online digital gateway to shops, cafes, restaurants, services and our mainstreets has been strong. This is hardly surprising when you consider the phenomenal statistics which outline how consumers are driving their sales and enquires through online channels. This change in consumer habits has been long foretold and as in every age on change our businesses must adapt and see the opportunities. Unley City’s ability to assist in positioning our collective businesses ahead of those businesses which compete from bases in our neighbouring Councils is an ample demonstration to the business community that we are serious about supporting what is a driving force of our rate base but more importantly, what is an essential part of our lifestyle. And with the National Broadband Network (NBN) due to be rolled out in the West of Unley soon, we can again expect businesses to develop unique opportunities that this new frontier of online shopping can bring. LIVING It was heart-warming seeing 380 people coming along to celebrate the City of Unley Prayer Breakfast at the Adelaide Showgrounds. As an event it brought together nearly every Christian denomination in the Unley City area with the added benefit of raising funds to assist the public schools in our City. With Mad March bringing the State’s attention to our nearby neighbour to our north, we need not feel any inferiority. The growing opportunity that this season brings to

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our own communities is becoming more apparent and it is good to see Council taking a lead through Rocking Rosa’s and Beats and Breakfast. It was brilliant to hear reports of over 300 people attending Footstomping Fables and Film at Heywood Park. Clearly there is an appetite for small community events around our neighbourhood, and this Council has such a huge part to play in removing the red tape, which I think we are doing. The World Day of Prayer was also a great success with four congregations involved attracting almost 70 people to a midweek service on Goodwood Road. We can now celebrate the fact that Unley has its own University! As such, we welcome Central Queensland (CQ) University to their new premises on Greenhill Road. I can remember thinking how brilliant it would be to make such a claim a couple of years ago. Whilst the Council can take no credit for their coming into our area, the CEO and I have met with their Vice-Chancellor and look forward to establishing a strong relationship with them. Congratulations to the Lions Club of Unley on their 50th Anniversary. It was an honour to propose a toast to them and wonderful to hear Cr. Peter Hughes talk about the history of the Club during that period. MOVING It is not every day the State Government improves the transport infrastructure in our City however; we can welcome their investment and soon to be constructed Wayville Station which will improve accessibility to the platform for those of varying ability, cyclists and pram pushing mums. This station will also improve the public transport to the Adelaide Showground and Exhibition Centre will flow on benefits to the Goodwood and Wayville economies. GREENING The signing of the Brown Hill and Keswick Creek Stormwater Management Plan is a mixed blessing. Whilst all are relieved and thankful that we have arrived at a juncture which enables us to move forward on a majority of the project, it simultaneously brings into sharp relief that the plan is far from complete and that the contentious issue of a dam is yet to be resolved. The untapped issue of solar power came into question recently with the failing of a South Australian supplier of solar panels and increased community discussion on the “beauty” of solar panels. However; solar still remains a huge opportunity for Council.

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MAYOR’S REPORT OF ACTIVITIES AND FUNCTIONS ATTENDED

F E B R U A R Y 2 0 1 3

Wed 20 Feb China Council Network – Inaugural Dinner

Rotary Club of Hyde Park – 30th Birthday

Celebration

Cr Sangster attended on Mayor’s behalf

Thurs 21 Feb Lions Youth of the Year Awards

Fri 22 Feb Rocking Rosa

Sat 23 Feb Delphi Bank Unley Greek Festival

Mon 25 Feb Council Meeting

Thurs 28 Feb The Ladies Probus Club 13th Birthday

celebration

Cr Hughes attended on Mayor’s behalf

2013 Mad March – Premier’s Adelaide

Reception

The Convivencia in the Golden Age of Spain

M A R C H 2 0 1 3

Fri 1 Mar World Day of Prayer

Sun 3 Mar Key Giving Ceremony – Adelaide Festival

Mon 4 Mar Official Opening of the new CQUniversity

Appleton Institute Sleep Research Centre

Wed 6 Mar Launch of the new State Brand

Thurs 7 Mar International Women’s Day 2013 Luncheon

Presentation to school leaders – Goodwood

Primary School

Sat 9 Mar Beats & Breakfast

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Fri 15 Mar March Division Luncheon – Weatherill Vs

Marshall

Sat 16 Mar Channel 9 – Young Achiever Awards

Sun 17 Mar Lions Club of Unley – 50th Birthday

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REPORTS OF MEMBERS TITLE: REPORTS OF MEMBERS ITEM NUMBER: 698 DATE OF MEETING: 25 MARCH 2013 ATTACHMENTS: 1. REPORT FROM DEPUTY MAYOR (a) Items of particular interest, concern or urgency Mayor to invite the members to raise any items of particular interest, concern or urgency (b) Centennial Park Cemetery Authority Mayor to invite representatives on the Board of the Centennial Park Cemetery Authority to report on any relevant matters relating to the Authority. (c) Development Matters Mayor to invite the members to raise any development matters of concern.


REPORT FROM COUNCILLOR SCHNELL – DEPUTY MAYOR Sunday 24 February 2013

• Familiarisation visit to the State War Memorial, North Terrace. Sunday 24 March 2013

• Attendance at the State War Memorial, North Terrace to observe Greek Orthodox National Independence Day, marking Greek liberation from the Ottoman Turks.

• Laid a wreath on behalf of the City of Unley. • The Mayor was unable to attend.

Friday 22 March 2013

• Attended the Harmony Day celebration at Goodwood Library. • The Mayor was unable to attend.

Meetings with the Mayor, CEO and GMs. Various discussions.


DECISION REPORT REPORT TITLE: ELECTION FOR POSITIONS FOR

METROPOLITAN REPRESENTATIVES TO THE LGA STATE EXECUTIVE COMMITTEE

ITEM NUMBER: 699 DATE OF MEETING: 25 March 2013 AUTHOR: JOB TITLE:

SUE BAYLY GOVERNANCE OFFICER

RESPONSIBLE OFFICER: JOB TITLE:

STEPHEN FAULKNER GENERAL MANAGER PEOPLE & GOVERNANCE

COMMUNITY GOAL: GOE/2 Generate an approach to all Council operations which maintains the principles of good governance such as public accountability, transparency, integrity, leadership, cooperation with other levels of government and social equity.

ATTACHMENTS: 1. LGA LETTER – 19 FEBRUARY 2013 2. CANDIDATE PROFILES

PURPOSE For Council to endorse its preferences for the election of metropolitan representatives to the LGA State Executive Committee. RECOMMENDATION MOVED: SECONDED: That: 1. The report be received. 2. Council nominate the metropolitan representative to the LGA State Executive Committee in the following order:

(1) Mayor Lachlan Clyne (2) (3) (4) (5) (6) (7) (8)


(9) (10) (11) (12)

BACKGROUND The term of office of the current LGA State Executive Committee, including the President, concludes at the upcoming LGA General Meeting on 19 April 2013. Members will recall the report presented on 29 January 2013 (Item 649/13) seeking nominations for the positions of LGA President and metropolitan representatives on the State Executive Committee. Mayor Lachlan Clyne was nominated for election to the position of metropolitan representative on the State Executive Committee. COMMUNITY ENGAGEMENT No community consultation is required on this matter. DISCUSSION Nominations for the Presidency and metropolitan Adelaide representatives on the LGA State Executive Committee closed on Friday 15 February 2013. LGA President One person was nominated for the position of President, being Mayor David O’Loughlin (City of Prospect). Mayor O’Loughlin will take office at the conclusion of the LGA General Meeting on Friday 19 April 2013 and will hold office for a term of two years. Metropolitan Representatives The Returning Officer has advised that at the closure of nominations there were 12 nominations received and accordingly an election will be required to determine the eight (8) member positions and four (4) proxy member positions. The nominees are as follows (in Ballot Paper order): Cr Jillian Whittaker Campbelltown City Council Deputy Lord Mayor Dr Michael Llewellyn-Smith City of Adelaide Mayor John Trainer City of West Torrens Cr Peter Jamieson City of Port Adelaide Enfield Mayor Michael Picton City of Mitcham Cr Carolyn Wigg Corp of the Town of Walkerville


Mayor William Spragg Adelaide Hills Council Mayor Lachlan Clyne City of Unley Mayor Lorraine Rosenberg City of Onkaparinga Mayor Robert Bria City of Norwood, Payneham &

St Peters Mayor Gillian Aldridge City of Salisbury Mayor David Parkin City of Burnside Only metropolitan Councils are eligible to vote in this election. Details supplied by each candidate to assist Council in determining the candidates for whom they wish to vote are enclosed (Attachment 1). All votes must be received by the Returning Officer by 5.00pm on Tuesday 9 April 2013. Successful candidates will take office at the conclusion of the 19 April 2013 General Meeting, for a term of two years. ANALYSIS OF OPTIONS

Option 1- Council nominate the following in order of precedence for the position as metropolitan representative to the LGA State Executive Committee;

(1) Mayor Lachlan Clyne (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)

Council has shown its support of Mayor Clyne by endorsing his nomination at the last Council meeting. This option further demonstrates Council’s support of Mayor Clyne acknowledging his commitment and willingness to participate whilst nominate all members in order of preference. Option 2 - Council does not nominate anyone to the position of metropolitan representative to the LGA State Executive Committee. Council may choose to not support any of the nominations received.


RECOMMENDED OPTION Option 1 is the recommended option. POLICY IMPLICATIONS There are no substantial matters of policy in regard to nominations. CONCLUSION It is considered that the State Executive’s needs may be best served through the appointment of Mayors generally, but a balance should be achieved between male and female on the one hand with larger and smaller Councils on the other. The City of Unley may reflect upon those nominations that might best represent the City of Unley’s perspective as an inner suburban Council.


DECISION REPORT REPORT TITLE: REGISTER OF INTERESTS – INDEPENDENT

MEMBERS OF S.41 COMMITTEES ITEM NUMBER: 700 DATE OF MEETING: 25 MARCH 2013 AUTHOR: JOB TITLE:



STEPHEN FAULKNER GENERAL MANAGER PEOPLE & GOVERNANCE

COMMUNITY GOAL: GOE/2 Generate an approach to all Council operations which maintains the principles of good governance such as public accountability, transparency, integrity, leadership, cooperation with other levels of government and social equity

REPRESENTOR/S: ATTACHMENTS: NIL PURPOSE To seek Council endorsement for the inclusion in the Terms of Reference of all Council Section 41 Committees for independent members of those Committees to submit a register of interest form. RECOMMENDATION MOVED: SECONDED: That: 1. The report be received. 2. In accordance with Division 2 of Part 4 of Chapter 5 of the Local

Government Act 1999 all independent members of Council’s Section 41 Committees be required to complete and submit primary and ordinary returns.


BACKGROUND Council may appoint independent members to its Section 41 Committees, and may resolve under section 72(1) of the Local Government Act 1999 (the Act) to require those persons to complete and submit a primary and ordinary return;

Section 72—Application of Division to members of committees and subsidiaries

(1) The provisions of this Division extend to members of a council committee if the council so resolves.

To date, Unley Council has required only the independent members of the Development Assessment Panel (DAP) to submit return forms. The return forms are also called Register of Interests forms. Elected Members are required to complete and submit, to the Chief Executive Officer, a primary return within six weeks of election and then an ordinary return on an annual basis. Failure to submit a return results in the member losing office and a casual vacancy ensues. The Chief Executive Officer maintains the Register of Interests, which is available, upon request in writing, for public inspection. COMMUNITY ENGAGEMENT No community engagement is required. DISCUSSION The Register of Interests forms a record of a member’s source of income and other financial/property information. The return forms are part of the conflict of interest provisions of the Act which aim to promote and demonstrate transparency and accountability by elected members and committee members. Actual or perceived conflicts of interest undermine community confidence in Council and its decision making processes. It is proposed to introduce the requirement to submit returns for Section 41 Committee independent members to be consistent with the DAP members and to ensure that community expectations of transparency are met. The requirement to complete and submit Register of Interests forms will be included in the Terms of Reference for all Section 41 Committees. Although the 6 week timeframe for submission of a primary return after election to Council or appointment to a Committee has already passed, Committee members will be asked to complete a primary return to cover the timeframe 1 April 2013 to 30 June 2013, followed by an ordinary return later in the year.


ANALYSIS OF OPTIONS Option 1 – Amend Committee Terms of Reference – Register of Interests Amending the Section 41 Committee Terms of Reference to include a requirement for independent members to submit Register of Interests return forms in accordance with the Act will improve accountability and community perceptions of transparency. Option 2 – Register of Interests forms not required Whilst independent members (other than DAP) have not previously been required to complete Register of Interests forms, to continue with that practice is not in step with good governance and community expectations. This is especially true given the Ombudsman’s recent findings on the probity of the process for selection of consultants for the Mr Barker redevelopment.

RECOMMENDED OPTION Option 1 is the recommended option. POLICY IMPLICATIONS The proposal is related to the Act and Elected Members’ Code of Conduct. CONCLUSION The proposal to amend the Section 41 Committee Terms of Reference to include a requirement for independent members to submit Register of Interests return forms in accordance with the Act will improve accountability and community perceptions of transparency.


DECISION REPORT REPORT TITLE: REVIEW OF COMMITTEE TERMS OF

REFERENCE ITEM NUMBER: 701 DATE OF MEETING: 25 MARCH 2013 AUTHOR: JOB TITLE:



PETER TSOKAS CHIEF EXECUTIVE OFFICER

COMMUNITY GOAL: GOE/2 Generate an approach to all Council operations which maintains the principles of good governance such as public accountability, transparency, integrity, leadership, cooperation with other levels of government and social equity.

REPRESENTOR/S: ATTACHMENTS: 1. COMMITTEE MEETING SCHEDULE

2. COMMITTEE DRAFT AGENDA 3. COMMUNITY AND CULTURE COMMITTEE

– TERMS OF REFERENCE 4. DEVELOPMENT STRATEGY AND POLICY

COMMITTEE – TERMS OF REFERENCE 5. INFRASTRUCTURE AND CAPITAL

PROJECTS COMMITTEE – TERMS OF REFERENCE

6. UNLEY BUSINESS AND ECONOMIC DEVELOPMENT COMMITTEE – TERMS OF REFERENCE

7. LEGAL ADVICE – KELLEDY JONES LAWYERS

PURPOSE To seek endorsement of updated Terms of Reference for Council Committees.


RECOMMENDATION MOVED: SECONDED: That: 1. Council adopts the Community and Culture Committee Terms of Reference

(provided at Attachment 3 to Item 701/13). 2. Council adopts the Development Strategy and Policy Committee Terms of

Reference (provided at Attachment 4 to Item 701/13). 3. Council adopts the Infrastructure and Capital Projects Committee Terms of

Reference (provided at Attachment 5 to Item 701/13). 4. Council adopts the updated Unley Business and Economic Development

Committee Terms of Reference (provided at Attachment 6 to Item 701/13).

5. The Chief Executive Officer be delegated the power to prepare Meeting Procedure Protocols in consultation with the Mayor for each of the Section 41 Committees and for the Procedures to be attached to the Terms of Reference as a Schedule.

6. That in accordance with Section 41(6) of the Local Government Act 1999,

the Mayor is appointed ex officio to the following Council Committees:

Community and Culture, Development Strategy and Policy Infrastructure and Capital Projects, and Unley Business and Economic Development.

BACKGROUND Council’s Committee structure and Elected Member representation on Section 41 Committees was endorsed in November 2012, along with Terms of Reference for each Committee. The Terms of Reference for each Committee included the following paragraph in the ‘Notes’ section: Only members of the Committee (including the Mayor as ex officio) can sit at the table, participate in discussion and vote. Any Elected Member not on the Committee who attends the meeting will do so as a member of the gallery and may not participate in debate. Some Elected Members have since expressed an interest in participating in a Committee meeting, of which they are not a Committee member.


The Administration has sought advice on this matter and that advice from Kelledy Jones Lawyers (dated 19 February 2013) is provided at Attachment 7 to Item 701/13.

Attachment 7 COMMUNITY ENGAGEMENT No community engagement is required on this matter. DISCUSSION Since the establishment of the current Committee Structure, some “non-committee” Elected Members have expressed a desire to contribute to a Committee meeting whilst ‘sitting at the table’ with Committee Members. In order to accommodate that request, the following arrangements for Committee Meetings are proposed: 1. To enable non-members to provide contribution to an Agenda Item, the

Committee will need to resolve to suspend the meeting procedures (by approval of at least two thirds of the Members present).

2. The Presiding Member can then invite Elected Members (non-committee members) to ‘sit’ at the table and provide contribution on any issue relevant to any item of business. This will enable free flowing discussion to occur, for information to be shared and for a question/answer session to ensue. Contribution will be limited to the duration set by the Terms of Reference.

3. Following conclusion of this part of the meeting , the Presiding Member

will ask that each Elected Member who is not a member of the Committee return to the gallery to be seated. There will be no further contribution or participation in the meeting by any Elected Member non-committee member.

4. The period of suspension will come to an end as determined by the

Presiding Member or at least two-thirds of the members present will resolve that the period should be brought to an end. The meeting will resume to consider the balance of the agenda and then for the formal decision making function of the Committee to proceed by calling for movers and seconders of any proposed motions.

5. Elected Members who are not part of the Committee membership will be

included on the distribution list of agendas and minutes of meetings (including Confidential Items).

6. Elected Members who are not part of the Committee membership may be

permitted to remain in the gallery with the consent of the Committee for


each confidential item, subject to being excluded to the operation of any order made under section 90(2) of the Local Government Act 1999.

The Terms of Reference have been revised to reflect this process.

A Meeting Schedule for Council and Committee Meetings is provided at Attachment 1 to Item 701/13.

Attachment 1 A draft Agenda Template is provided at Attachment 2 to Item 701/13.

Attachment 2 The Community and Culture Committee Terms of Reference are provided at Attachment 3 to Item 701/13.

Attachment 3

The Development Strategy and Policy Committee Terms of Reference are provided at Attachment 4 to Item 701/13.

Attachment 4

Infrastructure and Capital Projects Committee Terms of Reference are provided at Attachment 5 to Item 701/13.

Attachment 5 Unley Business and Economic Development Committee Terms of Reference are provided at Attachment 6 to Item 701/13.

Attachment 6 It should be noted that any Elected Member may “reserve out” any or all Committee agenda items. ANALYSIS OF OPTIONS

Option 1 – Council endorse the new Committee Terms of Reference as proposed. By endorsing the amended Terms of Reference, Elected Members will have the opportunity to contribute in any or all of Council Committee Meetings. Endorsing the amended Terms of Reference will not enable Elected Members to vote at Committee Meetings of which they are not a member.

Option 2 – Council endorse Option 1 with amendments. This option allows Council to endorse the amended Terms of Reference

but without the opportunity for Elected Member Non-Committee Members to contribute at a Committee meeting.


RECOMMENDED OPTION Option 1 is the recommended option.. POLICY IMPLICATIONS Nil. CONCLUSION This proposed approach to the new Committee structure will enable contribution and debate from Elected Member non Committee Members on matters of interest.


NAME OF COMMITTEE

A G E N D A

Meeting to be held (Date and Time)


MEMBERS Presiding Member Committee Members REPORT TO COUNCIL : ACKNOWLEDGEMENT We acknowledge that the land we meet on today is the traditional land of the Aboriginal people and that we respect their spiritual relationship with their country. We also acknowledge that the Aboriginal people are the custodians of the Adelaide region and that their cultural and heritage beliefs are still important to the living Aboriginal people today. APOLOGIES CONFLICT OF INTEREST

NAME OF COMMITTEE

A G E N D A

DEPUTATIONS REPORTS OF OFFICERS ITEM NO. 1. Next Meeting

JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER

M 1

PUBLIC HOLIDAY - EASTER MONDAY 1 BRIEFING

T 1

PUBLIC HOLIDAY - NEW YEAR'S DAY 2

BRIEFING - Budget 2 1

W 2 3 1 3 2

T 3 4 2

Centennial Park Board Meeting 4 1 3

F 4 1 1 5 3 5 2 4 1S 5 2 2 6 4 1 6 3 5 2S 6 3 3 7 5 2 7 4 1 6 3 1

M 7 4 BRIEFING 4

BRIEFING - Centennial Park + Mitcham 8 COUNCIL 6 BRIEFING 3 BRIEFING 8 COUNCIL 5 BRIEFING 2 BRIEFING 7

PUBLIC HOLIDAY - LABOUR DAY 4 BRIEFING 2

DEVELOP. STRATEGY & POLICY CTTEE

T 8 5 AUDIT 5 9 7 4 9 6 3 8 BRIEFING 5 3 AUDITW 9 6 6 UBED 10 8 UBED 5 10 UBED 7 4 UBED 9 6 UBED 4T 10 7 7 Special DAP 11 9 6 11 8 5 10 7 5F 11 8 8 12 10 7 12 9 6 11 8 6S 12 9 9 13 11 8 13 10 7 12 9 7S 13 10 10 14 12 9 14 11 8 13 10 8

M 14 11

INDUCTION FOR ALL COMMITTEE MEMBERS 11

PUBLIC HOLIDAY - ADELAIDE CUP 15

COMMUNITY & CULTURE CTTEE 13

COMMUNITY & CULTURE CTTEE 10

PUBLIC HOLIDAY - QUEEN'S B/DAY 15

COMMUNITY & CULTURE COMMITTEE 12 COUNCIL 9 COUNCIL 14 COUNCIL 11

Remembrance Day Services - 11am COUNCIL 9 COUNCIL

T 15 12 12

INFRA & CAPITAL PROJECTS CTTEE 16 DAP 14 11 COUNCIL 16 DAP 13

AUDIT COMMITTEE 10 15 12 AUDIT 10

W 16 13 13 17

DEVELOP. STRATEGY & POLICY CTTEE 15 12 17 14 11 16 13 11

T 17 14 14 18 16

CEO Performance Review Committee 13 18 15 12 17 14 12

Centennial Park Board Meeting

F 18 15 15 19 17 14 19 16 13 18 15 13S 19 16 16 20 18 15 20 17 14 19 16 14S 20 17 17 21 19 16 21 18 15 20 17 15

M 21 EM BRIEFING 18 18

DEVELOP. STRATEGY & POLICY CTTEE 22 COUNCIL 20

INFRA & CAPITAL PROJECTS CTTEE 17

DEVELOP. STRATEGY & POLICY CTTEE 22 COUNCIL 19


DEVELOP. STRATEGY & POLICY CTTEE 21

COMMUNITY & CULTURE COMMITTEE 18


T 22 DAP 19 DAP 19 DAP 23 21 DAP 18 DAP 23 20 DAP 17 DAP 22 DAP 19 DAP 17 DAP

W 23 20 20 24 22

DEVELOP. STRATEGY & POLICY CTTEE 19 24 21 18 23 20 18

T 24 21 21 25

PUBLIC HOLIDAY - ANZAC DAY 23 20 25

Centennial Park Board Meeting 22 19 24 21 19

F 25 22 22 26 24 21 26 23 20 25 22 20S 26 Australia Day 23 23 27 25 22 27 24 21 26 23 21S 27 24 24 28 26 23 28 25 22 27 24 22

M 28

PUBLIC HOLIDAY (for Aust Day) 25 COUNCIL 25 COUNCIL 29

INFRA & CAPITAL PROJECTS CTTEE 27 COUNCIL 24 COUNCIL 29 26 COUNCIL 23 COUNCIL 28 COUNCIL 25 COUNCIL 23

T 29 COUNCIL 26 26 30AUDIT COMMITTEE 28 25 30 27 24 29 26 24

W 30 27 27 29 26 31 28 25 30 27 25PUBLIC HOLIDAY

T 31

Centennial Park Board Meeting 28









PUBLIC HOLIDAY

F 29

PUBLIC HOLIDAY - GOOD FRIDAY 31 28 30 27 29 27

S 30Easter Saturday 29 31 28 30 28

S 31Easter Sunday 30 29 29

M 30 30T 31

MEETING DATES - COUNCIL AND COMMITTEES - 2013

The Council meeting dates shaded yellow, will only occur if necessary.

The City of Unley

Community and Culture Committee

TERMS OF REFERENCE

1. ESTABLISHMENT

1.1. The Council has established the Community and Culture Committee (referred to in these Terms of Reference as "the Committee") pursuant to Section 41 of the Local Government Act 1999 ("the Act").

1.2. The Committee will be known as Community and Culture Committee.

1.3. The Committee may be wound up at any time by resolution of the Council.

1.4. This Terms of Reference was adopted by Council on [INSERT DATE].

2. OBJECTIVES

2.1. The Committee is established to fulfil the following functions:

2.1.1 the development of a strong and inclusive community, encouraging active citizenship and participation, and supporting all who reside and visit the area.

2.1.2 the enhancement and development of a vibrant community that celebrates our cultural heritage, creativity and artistic endeavour through the creation, support and delivery of events, activities and artistic initiatives.

2.1.3 the development of a healthy and active community through the provision of opportunities that encourage recreation, sport and wellbeing.

2.1.4 the development and delivery of initiatives and services to encourage and support lifelong learning and literacy.

2.1.5 the provision of community and regulatory services ensuring that our services are relevant, meaningful and meet the current and future needs of our community.

2.1.6 the delivery of services which help people safely live, use or visit the City.

2.1.7 to do anything necessary, expedient or incidental to performing or discharging the functions of the Committee as listed herein or to achieving its objectives.

3. MEMBERSHIP

3.1. The Committee will comprise 7 members as follows:

(a) 3 independent members appointed by the Council;

(b) 4 Elected Member(s) nominated by the Council;

(c) The Mayor ex officio.

3.2. Criteria used to select community representatives and group representatives will have regard to subject matter expertise, gender balance, youth and cultural representations and seek to maintain and build upon a group voice that is broadly representative of the community.

3.3. The current members of the Committee are listed at Schedule 1 to these Terms of Reference.

3.4. Subject to clause 1.3 of these Terms of Reference, membership of the Committee is for the current term of the Council unless a member resigns or is otherwise incapable of continuing as a member or is removed from office by the Council.

3.5. The Committee may, by a vote supported by at least 4 members of the Committee, make a recommendation to the Council to remove a member of the Committee from office where a member has failed (without the leave of the Committee) to attend three consecutive meetings of the Committee.

3.6. Members of the Committee are eligible for re-appointment at the expiration of their term of office.

3.7. The Committee may be re-established by the Council after each Council periodic election.

3.8. Council will determine the sitting fees for independent members for meetings attended.

4. PRESIDING MEMBER

4.1. The Council will appoint the Presiding Member of the Committee.

4.2. The Council authorises the Committee to determine if there will be a Deputy Presiding Member of the Committee and, if so, authorises, the Committee to make the appointment to that position for a term determined by the Committee.

4.3. If the Presiding Member of the Committee is absent from a meeting the Deputy Presiding Member (if such position exists) will preside at that meeting. If there is no position of Deputy Presiding Member, or both the Presiding Member and the Deputy Presiding Member of the Committee are absent from a meeting of the Committee, then a member of the Committee chosen from those present will preside at the meeting until the Presiding Member (or Deputy Presiding Member, if relevant) is present.

4.4. The role of the Presiding Member includes:

4.4.1 overseeing and facilitating the conduct of meetings in accordance with the Local Government Act, the Local Government (Procedures at Meetings) Regulations 2000, and the ‘Section 41 Committees meeting Procedure Protocols’.

4.4.2 ensuring all Committee members have an opportunity to participate in discussions in an open and encouraging manner; and

4.4.3 where a matter has been debated significantly and no new information is being discussed to call the meeting to order and ask for the debate to be finalised and the motion to be put.

5. OPERATIONAL MATTERS

5.1. The Council has not delegated any of its powers to the Committee. Accordingly, all decisions of the Committee constitute recommendations to the Council.

5.2. For the purposes of s41(8) of the Act, the Council's reporting and other accountability requirements are satisfied by the delivery of a copy of the minutes of each meeting of the Committee to each Elected Member of the Council and the inclusion of those minutes in the agenda papers for the next ordinary meeting of the Council.

5.3. The Committee shall meet on a quarterly basis on the third Monday of the month, unless otherwise required.

5.4. If after considering advice from the CEO or delegate, the Presiding Member of the Committee is authorised to cancel the respective Committee meeting, if it is clear that there is no business to transact for that designated meeting. Members are to be advised at least 3 clear days before the scheduled meeting. Advice of the same will also be posted on Council’s website.

6. NOTICE OF MEETINGS

6.1. Notice of the meetings of the Committee will be given in accordance with sections 87 and 88 of the Act. Accordingly, notice will be given:-

6.1.1 to members of the Committee by email or as otherwise agreed by Committee members at least three clear days before the date of the meeting; and

6.1.2 to the public as soon as practicable after the time that notice of the meeting is given to members by causing a copy of the notice and agenda to be displayed at the Council's offices and on the Council's website.

7. PUBLIC ACCESS TO MEETINGS

7.1. The Committee shall meet at the Offices of the Council located at 181 Unley Road, Unley SA 5061.

7.2. Members of the public are able to attend all meetings of the Committee, unless prohibited by resolution of the Committee under the confidentiality provisions of Section 90 of the Act.

8. MEETING PROCEDURE

8.1. The Council has resolved that Part 2 of the Local Government (Procedures at Meetings) Regulations 2000 does not apply in respect of the Committee. Accordingly, subject to these Terms of Reference, the Committee shall at all times observe the 'Section 41 Committees Meeting Procedures Protocol', which is attached as Schedule 2.

8.2. Insofar as the Act, the Regulations, the Section 41 Committees Meeting Procedures Protocol or these Terms of Reference do not prescribe the procedure to be observed in relation to the conduct of a meeting of the Committee, the Committee may determine its own procedure.

8.3. Subject to clause 3.4 of these Terms of Reference, all decisions of the Committee shall be made on the basis of a majority of the members present.

8.4. A quorum for a meeting of the Committee is 4 members.

8.5. If the Mayor attends a meeting of the Committee as ex-officio, the Mayor’s attendance will be included in the calculation of quorum.

8.6. Any Elected Member who is not a member of the Committee is able to address members of the Committee and provide contribution at any Committee meeting of which they are not a member in accordance with the Meeting Procedures Protocol at Schedule 2.

8.7. All members of the Committee must (subject to a provision of the Act or Regulations to the contrary) vote on any matter arising for decision at a meeting of the Committee.

8.8. Every member of the Committee has a deliberative vote only. In the event of a tied vote the person presiding at the meeting does not have a second or casting vote.

8.9. The format of the agenda for all meetings of the Committee is as set out at Schedule 3 to these Terms of Reference.

8.10. The agenda and reports for all meetings of the Committee must be delivered to members of the Committee at least 5 clear days before the meeting.

8.11. Any decision of the Committee which does not arise from a recommendation of a Council officer must be supported in the minutes of the meeting by clear reasons for the decision.

8.12. The Council will provide a support officer for the purposes of co-ordination and preparation of agendas and reports for and minutes of Committee meetings and as a point of contact for all Committee members.

Responsible Officer: General Manager Community

Attendance by: Chief Executive Officer and Leadership Team (as required)

SCHEDULE 1

1. Presiding Member: Cr Peter Hughes

2. Members of the Committee:

Cr Michael Hudson Cr Michael Saies Cr Denise Tipper Dr Lynn Arnold Mr Peter Croft Mr Greg Mackie

3. Term: December 2012 until the end of the current term of Council (unless such appointment is revoked by the Council).

4. Sitting fees for independent members per meeting attended: $300.

SCHEDULE 2

Section 41 Committees Meeting Procedures Protocol

SCHEDULE 3

Agenda Template (See Attachment 2 to Item 701/13).

The City of Unley

Development Strategy and Policy Committee

TERMS OF REFERENCE

1. ESTABLISHMENT

1.1. The Council has established the Development Strategy and Policy Committee (referred to in these Terms of Reference as "the Committee") pursuant to Section 41 of the Local Government Act 1999 ("the Act") and Section 101A of the Development Act 1993.

1.2. The Committee will be known as Development Strategy and Policy Committee.



2. OBJECTIVES


2.1.1 provide advice to the Council in relation to the extent to which the Council’s Development Plan and policies accord with the State Planning Strategy.

2.1.2 assist the Council in undertaking strategic Reviews of the City of Unley Development Plan and monitoring progress in achieving orderly and efficient development within the area of the Council.

2.1.3 provide advice to the Council (or to act as its delegate) in relation to planning strategy and development policy issues when Council is preparing Development Plan Amendment proposals.

2.1.4 review and consider specific changes to the Development Plan and/or as initiated by State Government.

2.1.5 review relevant legislation affecting Local Government activity and responsibilities in relation to development, and recommending appropriate course(s) of action.

2.1.6 receive reports, at least six monthly, from the City of Unley Development Assessment Panel (DAP) re trends, issues and other relevant matters.

2.1.7 provide advice to Council regarding strategies and policies to deal with major changes in urban form, increased population or changing population age profiles in the council area, that have resulted from actions related to the 30 Year Plan or other factors.

2.1.8 provide input into the implementation of major projects within the City.

2.1.9 assist Council in achieving high levels of integration of transport and land use planning.


3. MEMBERSHIP





3.2. Criteria used to select independent representatives and group representatives will have regard to gender balance, youth and cultural representations and seek to maintain and build upon a group voice that is broadly representative of the community.







4. PRESIDING MEMBER





4.4.1 overseeing and facilitating the conduct of meetings in accordance with the Local Government Act, the Local Government (Procedures at Meetings) Regulations 2000, and the ‘Section 41 Committees Meeting Procedure Protocols’.















MEETING PROCEDURE













Responsible Officer: General Manager Economic Development and Planning


SCHEDULE 1

1. Presiding Member: Cr Michael Hewitson


Cr Don Palmer Cr Anthony Lapidge Cr Bob Schnell Mr Theo Maras Mr Tim Horton Mr Roger Freeman



SCHEDULE 2


SCHEDULE 3


The City of Unley

Infrastructure and Capital Projects Committee

TERMS OF REFERENCE

1. ESTABLISHMENT

1.1. The Council has established the Infrastructure and Capital Projects Committee (referred to in these Terms of Reference as "the Committee") pursuant to Section 41 of the Local Government Act 1999 ("the Act").

1.2. The Committee will be known as Infrastructure and Capital Projects Committee.



2. OBJECTIVES


2.1.1 to make recommendations to Council on its infrastructure and assets strategy and projects throughout the Council area.

2.1.2 provide advice to Council:

(a) on planning and management of Council owned assets and properties. In particular, asset categorisation and associated levels of service across all asset classes.

(b) in relation to major projects and capital programs being undertaken by Council.

(c) on a range of innovative or new approaches to the delivery of asset related services.

(d) in relation to the progress of the capital works program and any changes to the program.

(e) in relation to the implications for Council of major projects and initiatives being pursued by State Government and other key stakeholders in the City of Unley.

(f) on proposals that will enhance traffic management and road safety within the City of Unley.

(g) in relation to initiatives that will encourage compliance of speed limits within the City of Unley.


3. MEMBERSHIP





3.2. It is desirable that the independent members of the Committee have expertise relevant to the subject matter of the Committee.








4. PRESIDING MEMBER

















Responsible Officer: General Manager Assets & Infrastructure


SCHEDULE 1

1. Presiding Member: Cr Jennie Boisvert


Cr John Koumi Cr Rob Sangster Cr Rufus Salaman Ms N Edwards Mr G Brennan Mr Paul Di Iulio


4. Sitting fees for independent members per meeting attended; $300.

SCHEDULE 2


SCHEDULE 3


The City of Unley

Unley Business & Economic Development Committee

TERMS OF REFERENCE

1. ESTABLISHMENT

1.1. The Council has established the Unley Business & Economic Development Committee (referred to in these Terms of Reference as "the Committee") pursuant to Section 41 of the Local Government Act 1999 ("the Act").

1.2. The Committee will be known as Unley Business & Economic Development Committee.



2. OBJECTIVES


2.1.1 provide advice to Council on:

(a) initiatives that support and improve the economic viability of the commercial and retail precincts across the City of Unley.

(b) the important role Mainstreet precincts play in providing spaces for our residents and ratepayers to meet and building healthy, sustainable communities.

(c) the establishment, implementation and coordination of strategic management actions regarding main streets.

(d) the collaborative promotional, marketing and event activities across the main streets.

(e) the possible opportunities to influence an appropriate tenancy mix on main streets to provide goods and services that businesses and residents require.

(f) the undertaking of activities that ensure ongoing participation and commitment from businesses, investors, property owners and the Council.

(g) raising the profile of and proactively promoting the Unley Mainstreet Associations.

(h) supporting and promoting business, industry and tourism growth within a sustainable environment whilst encouraging the social and cultural values of the City of Unley community.


3. MEMBERSHIP



(b) 5 trader representatives appointed by the Council;

(c) 4 Elected Member(s) nominated by the Council;

(d) The Mayor ex officio.

3.2. The five (5) independent members should, where possible, demonstrate relevant business and/or economic knowledge to represent the business community in the Council area, in:

3.2.1 Information Technology

3.2.2 Place activation

3.2.3 Public Relations/Media

3.2.4 Planning Policy

3.2.5 Leasing

3.3. The five (5) Trader representatives must be a property owner, business owner or employee based on the respective Road and one member must each be from the:

3.3.1 Unley Road Association Inc.

3.3.2 Goodwood Central Traders and Services Association Inc.

3.3.3 King William Road Traders Association Inc.

3.3.4 Glen Osmond Road Precinct Association Inc.

3.3.5 Fullarton Road South Traders Association Inc.


The current members of the Committee are listed at Schedule 1 to these Terms of Reference.






4. PRESIDING MEMBER











5.3. The Committee will determine the day, and time of the meeting. The Committee will meet bi-monthly.

5.4. If after considering advice from the CEO or delegate, the Presiding Member of the Committee is authorised to cancel the respective Committee meeting, if it is clear that there is no business to transact for that designated meeting.

Members are to be advised at least 3 clear days before the scheduled meeting. Advice of the same will also be posted on Council’s website.





















Responsible Officer: General Manager Economic Development and Planning


SCHEDULE 1

1. Presiding Member: Cr John Koumi


2.1. Elected Members

Cr Don Palmer Cr Anthony Lapidge Cr Rufus Salaman

2.2. Independent Members

Mr Chris Vounasis Mr Phillip Brunning Mr Andre Stuyt Ms Gabrielle Leonello Mr Andrew Bahr

2.3. Trader Representatives

Mr James Morris Mr Sean Bushby Mr Craig Phillips Mr Patrick Weaver Ms Angela Winters



SCHEDULE 2


SCHEDULE 3


19 February 2013

Mr Peter Tsokas City of Unley PO Box 1 UNLEY SA 5061

VIA EMAIL: [email protected]

Dear Peter

COMMITTEE MEMBERSHIP MODEL

Further to your separate telephone conversations with myself and Michael last night, I confirm your request for advice regarding a section 41 committee membership model that enables elected members who are not members of a committee to have a limited participation role at a committee meeting.

It is understood that the objective is to enable elected members, who are not appointed committee members, with the ability to participate in committee meetings, but without a voting entitlement. You have also asked whether it is possible for an elected member who is not a member of a committee to contribute to a meeting of the committee whilst ‘sitting at the table’ with the committee members. My advice is that this model can be achieved, subject to the following:

• Regulation 27(1) of the Local Government (Procedures at Meetings) Regulations 2000 requires every committee member who is present at a meeting to vote on a question arising for decision. Accordingly, the law does not permit a member of a committee to be a non-voting member. This means the law requires an elected member to either be a member of a committee or not – not somewhere in between;

• the law also does not allow for there to be deputy or proxy committee members of a Council committee;

• the strict legal position is that unless an elected member is a member of a committee, that member has no entitlement to participate in a meeting with any entitlement that is over and above that provided to a member of the public. This means that any elected member who is not a committee member is required to sit in the gallery when attending a committee meeting, only has the right to be heard if appearing as a deputation in accordance with Regulation 12 of the Meeting Regulations and must leave the chamber if the committee resolves to exclude the public from a meeting to consider, discuss or receive information in confidence;

2 Mr P Tsokas 19 February 2013 • consideration has been given to elected member non-committee members having an ex-

officio status, similar to that given to the principal member and recognised at section 41(6) of the LG Act. However, ex officio status would result in an elected member being a full member of the committee when present at a meeting, with full voting entitlements (indeed, obligations), which does not achieve the objective outlined above;

• accordingly, I recommend that participation in a committee meeting by elected members who are not a member of the committee be achieved by including a standing agenda item devoted to the contribution of elected member non-committee members;

• whilst this is a creative approach it is within the confines of the legislative framework and, to a degree, will rely on the chairing skills of the presiding member to ensure the elected member contribution under the agenda item is appropriate and regulated within the Committee’s Terms of Reference;

• this requires each Committee’s Terms of Reference to be amended to provide:

o that Part 2 of the Meeting Regulations do not apply;

o set out what the meeting procedures of the Committee will be (attached as an appendix to the Terms of Reference) to include a provision as below and, possibly to draw heavily on Part 2 provisions;

o refer to and include a template agenda (attached as an appendix to the Terms of Reference) that contains an item to suspend the meeting procedures in a manner consistent with Regulation 21 of the Meeting Regulations and contains an agenda item “Elected Member Non Committee Member Contribution”;

o set out a protocol that regulates elected member non committee member contribution.

• each Terms of Reference should also:

o identify the fact that each elected member non committee member contribution can only be made during the agenda item “Elected Member Non Committee Member Contribution”, that the contribution must be relevant to an agenda item, be limited in duration and does not extend to moving or seconding a motion or exercising a vote;

o recommend that an elected member non committee member does not present on a matter in which they may have a conflict of interest under section 73 of the LG Act; and

o require a non committee member to leave the meeting if the Committee resolves to exclude the public in accordance with section 90(2) and (3) of the LG Act.

• whilst this model does not permit an elected member non committee member to sit ‘at the table’ with Committee members for the balance of the agenda items (or indeed, in relation to any other agenda item) it does facilitate the opportunity for non committee member elected members to contribute to items for discussion on the agenda.

The content to be included in the Committee Terms of Reference will follow.

3 Mr P Tsokas 19 February 2013 Please give me a call if you have any questions.

Yours sincerely KELLEDYJONES LAWYERS

NATASHA JONES Direct Line: 08 8113 7102 Mobile: 0419 864 531 Email: [email protected]

DECISION REPORT REPORT TITLE: AUDIT AND GOVERNANCE COMMITTEE

CHANGE OF STRUCTURE AND NAME ITEM NUMBER: 702 DATE OF MEETING: 25 MARCH 2013 AUTHOR: JOB TITLE:



STEPHEN FAULKNER GENERAL MANAGER PEOPLE AND GOVERNANCE

COMMUNITY GOAL: GOE/2; Generate an approach to all Council operations which maintains the principles of good governance such as public accountability, transparency, integrity, leadership, cooperation with other levels of government and social equity.

ATTACHMENTS: 1. AUDIT AND GOVERNANCE COMMITTEE TERMS OF REFERENCE

PURPOSE To seek endorsement of the updated Terms of Reference for the Audit and Governance Committee. RECOMMENDATION MOVED: SECONDED: That: 1. The report be received. 2. Council adopts the Audit and Governance Committee Terms of

Reference, as amended, (Attachment 1 to Item 702/13) to show membership of two elected members and three independents.


BACKGROUND Council’s Audit Committee was established with a membership of three elected members and three independent members, that is a total of six members. However, this number exceeds the number allowed by Regulation 17 of the Local Government (Financial Management) Regulations 2011:

17—Membership (1) The Audit Committee of a council—

(a) must have between 3 and 5 members (inclusive); and

(b) must include at least 1 person who is not a member of the council and who is determined by the council to have financial experience relevant to the functions of an Audit Committee; and

(c) must not include, as a member, the council's auditor under section 128 of the Act.

COMMUNITY ENGAGEMENT There is no requirement for community engagement on this matter. DISCUSSION Since the membership of the Audit and Governance Committee exceeds the allowed number, one person will be required to stand down, and Councillor Sangster has offered to vacate his position. The Mayor will no longer be an ex-officio member. The remaining membership will comprise Councillors Saies and Tipper, and independents Mr John Rawson (Presiding Member), Mr Shaun Matters and Mr Simon Rodger. Council could reduce the total number of Audit and Governance Committee members further (to three or four) but this could lead to a reduction in the quality of Committee discussion and effectiveness, and difficulties obtaining a quorum for its meetings. The name of the Committee has been changed to “Audit and Governance” Committee to better reflect the scope of the Committee’s role. ANALYSIS OF OPTIONS

Option 1 – Reduction of Audit and Governance Committee Membership to comply with Local Government Regulations


The Audit and Governance Committee Terms of Reference (Attachment 1 to Item 703/13) be amended to show membership of two elected members and three independents.

Attachment 1 Option 2 – To further reduce Audit and Governance Committee Member numbers A reduction in Audit and Governance Committee membership to three or four persons.

RECOMMENDED OPTION Option 1 is the recommended option. POLICY IMPLICATIONS Nil. CONCLUSION The membership of the Audit and Governance Committee needs to be reduced by one person to comply with Regulation 17 of the Local Government (Financial Management) Regulations 2011, and the Terms of Reference amended accordingly.


The City of Unley

Audit and Governance Committee

TERMS OF REFERENCE

1. ESTABLISHMENT

1.1. The Council has established the Audit and Governance Committee (referred to in these Terms of Reference as "the Committee") pursuant to Section 41 of the Local Government Act 1999 ("the Act").

1.2. The Committee will be known as Audit and Governance Committee.



2. OBJECTIVES


2.1.1 will assist the Council in monitoring the: accounting, audit, legislative compliance, financial and strategic risk management, good governance and reporting practices.

Financial Sustainability and Business reporting The Committee shall: 2.1.2 monitor the integrity of the annual financial statements of the Council

to ensure that they present fairly the state of affairs of the Council, reviewing significant financial reporting issues and judgements which they contain.

2.1.3 review and make recommendations to the Council regarding the assumptions, financial indicators and targets in the Long Term Financial Plan.

2.1.4 review, make recommendations and comment to Council on the financial outcomes of the Asset Management Plans.

2.1.5 propose and provide information relevant to, a review of the Council’s strategic management plans or annual business plans.

2.1.6 review and make recommendations to the Council regarding any other significant financial, accounting and reporting issues as deemed necessary by the Committee, Council or Management.

Risk Management and Internal Control The Committee shall: 2.1.7 monitor and review the performance and adequacy of Council’s Risk

Management Policy and Procedures for identifying, monitoring and managing significant business risks, including OHS&W and Council’s Business Continuity Planning.

2.1.8 review and comment of the adequacy of internal controls, internal audit, financial management systems and practices.

2.1.9 ensure an appropriate legislative compliance framework exists to identify risks and controls over compliance with applicable legislation and regulations.

Internal Audit and Compliance The Committee shall: 2.1.10 monitor and review the effectiveness of the Council’s internal audit

function and program in the context of the Council’s overall risk management system and annual budget.

2.1.11 review the Council’s compliance framework for identifying, monitoring and managing compliance with all laws and regulations.

2.1.12 obtain regular updates from Management and / or External Auditors regarding compliance matters in relation to the Council’s significant statutory requirements.

2.1.13 review the progress of the internal audit function and make recommendations as appropriate.

External Audit The Committee shall: 2.1.14 liaise and meet with Council’s external auditor(s). The Committee

shall meet the external auditor at least once a year.

2.1.15 consider and make recommendations to the Council, in relation to the selection, appointment, re-appointment and removal of the external auditor.

2.1.16 review and make recommendations to Council on the scope of work, reports and activities of the External Auditor, including interaction with any internal audit capability.

2.1.17 review the findings of the annual and interim audits with the External Auditor.

2.1.18 review the response by Management to reviews, recommendations and audit letters provided by the External Auditors.

Governance and Other The Committee shall: 2.1.19 review and comment on the overall adequacy of Council’s Policy

Development and Policy Management Framework.

2.1.20 to review the Delegations Register and recommend any changes which are necessary.

2.1.21 propose and review the exercise of powers under section 130A of the Local Government Act 1999 “Other Investigations” if required by Council and/ or deemed necessary by the Committee.

2.1.22 monitor and review the operation of Council’s subsidiaries in relation to the minutes and recommendations from their respective Committees.

2.1.23 any other matter which is within the powers of the Council and is appropriate to be referred to the Committee by the Council.

2.1.24 review and comment on the adequacy of the Council’s arrangements for its employees to raise concerns, in confidence, about possible wrongdoing in a financial reporting or any other matters (whistle blowing and fraud).

2.1.25 at least once every two years, review its own performance to ensure it is operating with effectiveness and recommend changes it considers necessary to the Council for approval.


3. MEMBERSHIP




3.2. It is desirable that the independent members of the Committee have recent and relevant experience in professions such as, but not limited to, accounting, audit, financial, legal, risk management and governance.







4. PRESIDING MEMBER











5.3. The Committee shall meet at least 4 times per year at appropriate times in the financial reporting cycle, and when the Committee may otherwise deem necessary.

5.4. If after considering advice from the CEO or delegate, the Presiding Member of the Committee is authorised to cancel the respective Committee meeting, if it is clear that there is no business to transact for that designated meeting.




Responsible Officer: General Manager People and Governance


SCHEDULE 1

1. Presiding Member: Mr John Rawson


Cr Michael Saies Cr Denise Tipper Mr Shaun Matters Mr Simon Rodger

3. Term: Until June 2013

4. Sitting fees for independent members per meeting attended:

a. Presiding Member; $450 per meeting attended.

b. Independent Members; $300 per meeting attended.

c. If Independent Members are required to attend a workshop; $150 per workshop.

SCHEDULE 2


SCHEDULE 3

Agenda Template (As Per Attachment 2 to Item 701/13).

council meeting a g e n d a members - unley.sa.gov.au fcm... · hon tony piccolo mp leon bignell mp...

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