notice of council meeting - city of burnside...council agenda 23 july 2019 notice of council meeting...

Council Agenda 23 July 2019

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 Chamber 401 Greenhill Road, Tusmore

on

Tuesday 23 July 2019 at 7.00 pm

Martin Cooper A/Chief Executive Officer

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Council Meeting

Agenda

23 July 2019 | 7.00 pm Council Chamber

401 Greenhill Road, Tusmore

Members: Mayor Anne Monceaux Councillors Carbone, Cornish, Davey, Davis, Daws, Henschke, Huebl, Hughes, Jones, Lemon, Piggott, Turnbull

1. Acknowledgement of those who gave their life for this Country and

acknowledgement of Traditional Owners

2. Opening Prayer

3. Apologies Nil

4. Leave of Absence Councillor Daws

5. Confirmation of Minutes That the minutes of the Ordinary Meeting of Council held on 9 July 2019 be taken as read and confirmed.

6. Deputations Stephen Allison and Andrew Hillier – Laurel Avenue Site

7. Petitions Nil

8. Public Question Time

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9. Questions on Notice

Nil

10. Motions on Notice

10.1 Additional Members to the CEO Recruitment Performance Appraisal and Remuneration Committee – Councillor Piggott p11

10.2 Use of City of Burnside Assets / Facilities as Emergency Helicopter Landing Site – Councillor Jones p13

10.3 Kaurna Recognition – Councillor Cornish p15

10.4 Heritage Protection and Contributory Items – Councillor Cornish p17

10.5 Council Assessment Panel Membership – Councillor Cornish p19

10.6 Heritage Reform – Councillor Henschke p21

11. Questions without Notice

12. Motions without Notice

13. Reports of Officers

Office of the Chief Executive Officer

13.1 Extension of Public Question Time on Council Agenda and Updated Rules p23 Attachments A – B

13.2 Reappointment of Independent Chairperson to East Waste Board p31 Attachment A

Corporate and Development

13.3 By-Law Management And Enforcement – Half Yearly Report p37

Urban and Community

13.4 Laurel Avenue, Linden Park – Options For Future Of Site p45 Attachments A – B

13.5 p71 Code of Conduct for Volunteers and Volunteer Policy Review Attachments A – D

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14. Subsidiaries, Regional Subsidiaries and other Organisations/Entities p95

14.1 Eastern Waste Management Authority

Nil

14.2 Eastern Health Authority

14.2.1 Eastern Health Authority Minutes of Board of Management Meeting – 26 June 2019

Recommendation

That the Eastern Health Authority Minutes from the Board of Management Meeting held 26 June 2019 be received.

14.3 Highbury Landfill Authority

Nil

14.4 ERA Water

Nil

14.5 Eastern Region Alliance

Nil

15. Mayor’s Report p103

16. Reports of Members, Delegates and Working Parties

17. Council Correspondence / Memorials p107

17.1 Letter from The Honourable Vickie Chapman MP, Deputy Premier, Attorney General, Member for Bragg – Support for City of Burnside Skatepark

Recommendation

That the correspondence be received.

18. Other Business

19. Confidential Items

19.1 External Audit AppointmentAttachments A – C

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 A/Chief Executive Officer, the General Manager Corporate and Development, the A/General Manager Urban and Community, the Governance Officer, the Principal Executive Officer, the Group Manager

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Finance and Governance and the Group Manager, People and Innovation, be excluded from attendance at the meeting for Item 19.1 ‘External Audit Appointment’. The Council is satisfied that pursuant to section 90(3)(d) of the Act, the information to be received, discussed or considered in relation to this Agenda is commercial information of a confidential nature (not being a trade secret) the disclosure of which could reasonably be expected to prejudice the commercial position of the person who supplied the information or confer a commercial advantage on a third party and furthermore the Council is satisfied that pursuant to section 90(3)(k) of the Act the information relates to tenders for the provision of services to the Council. The public interest in disclosing to the public the full details of the evaluation at this stage would on balance be outweighed by the public interest, in section 90(3)(d) of the Local Government Act 1999, in the Council being able to discuss sensitive information for consideration in confidence without fear of prejudicing the commercial position of the tenderers who supplied the information or conferring a commercial advantage to market competitors of the tenderers supplying the information. The principle that the meeting be conducted in a place open to the public has been outweighed in these circumstances because the disclosure of this information could reasonably be expected be used by market competitors to achieve an advantage over the tenderers supplying the information and because it relates to a tender for services to the Council, which tender has not yet been awarded.

Confidentiality Recommendation

1. That having considered Agenda Item 19.1 ‘External Audit Appointment’ in confidence under section 90(3)(d) and section 90(3)(k) of the Local Government Act 1999, the Council, pursuant to section 91(7) of that Act orders that:

1.1. The report, minutes and attachments relating to Agenda Item 19.1 ‘External Audit Appointment’ remain confidential pursuant to section 90(3)(d) of the Local Government Act 1999 as the information is commercial information of a confidential nature (not being a trade secret) the disclosure of which could reasonably be expected to prejudice the commercial position of the person who supplied the information or confer a commercial advantage on a third party and section 90(3)(k) as the information relates to tenders for the provision of services to the Council.

1.2. The public interest in disclosing to the public the full details of the evaluation at this stage would on balance be outweighed by the public interest, in section 90(3)(d) of the Local Government Act 1999, in the Committee being able to discuss sensitive information for consideration in confidence without fear of prejudicing the commercial position of the tenderers who supplied the information or conferring a commercial advantage to market competitors of the tenderers supplying the information.

1.3. The principle that the meeting be conducted in a place open to the public has been outweighed in these circumstances because the disclosure of this information could reasonably be expected be used by market competitors to achieve an advantage over the tenderers supplying the information and because it relates to a

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tender for services to the Council, which tender has not yet been awarded.

1.4. The report and attachments will not be available for public inspection for a period of 12 months at which time this order will be revoked / reviewed by the Chief Executive Officer (CEO); and

1.5. The order will be reviewed at least once every 12 months by the CEO.

2. That for the item named in clause 1 and associated sub clauses, unless:

2.1. the period in respect of any order made under section 91(7) of the Local Government Act 1999 lapses; or

2.2. Council resolves to revoke an order made under section 91(7) of the Local Government Act 1999; or

2.3. the CEO determines, pursuant to the delegated authority which this resolution provides, that the order be revoked;

any discussion of the Council on the matter and any recording made of those discussions are to be treated as confidential.

3. This order is subject to section 91(8)(b) of the Act which provides that details of the identity of the successful tenderer must be released once Council has made a selection. In addition, section 91(8)(ba) of the Act requires details of the amount(s) payable by the Council under a contract for the provision of external audit services must be released once the contract has been entered into by all concerned parties.

19.2 Proposed Plan and Timetable for Recruitment and Selection of Chief

Executive Officer and Minutes of the CEO Recruitment, Performance Appraisal and Remuneration Review Committee – 15 July 2019 Attachments A – B

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 A/Chief Executive Officer, the General Manager Corporate and Development, the A/General Manager Urban and Community, the Governance Officer, the Principal Executive Officer and the Group Manager, People and Innovation on the basis that it will receive and consider Item 19.2 ‘Proposed Plan and Timetable for Recruitment and Selection of Chief Executive Officer and Minutes of the CEO Recruitment, Performance Appraisal and Remuneration Review Committee – 15 July 2019’. The Council is satisfied that pursuant to section 90(3)(k) of the Act, the information to be received, discussed or considered in relation to this Agenda Item are tenders for the supply of goods, or the provision of services, or the carrying out of works relating to the recruitment of a Chief Executive Officer. The Council is also satisfied that this agenda item contains information, the disclosure of which could reasonably be expected to confer a commercial advantage on a person with whom the council is proposing to conduct business with, or to prejudice the commercial position of the council and furthermore the Council is satisfied that, pursuant to section 90(3)(b) and (k) of the Act, the information relates to tenders for the provision of services to the Council.

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The principle that the meeting be conducted in a place open to the public has also been outweighed in these circumstances because the disclosure of this information could reasonably be expected to be used by market competitors to achieve an advantage over the tenderers supplying the information and because it relates to a tender for services to the Council, which tender has not yet been awarded.

Confidentiality Recommendation

1. That, having considered the matter Item 19.2 ‘Proposed Plan and

Timetable for Recruitment and Selection of Chief Executive Officer and Minutes of the CEO Recruitment, Performance Appraisal and Remuneration Review Committee – 15 July 2019’ in confidence, pursuant to section 91(7) and (9) of the Local Government Act 1999, the Council orders that:

1.1 the Report, Attachment A, Attachment B and Minutes remain confidential on the basis that the disclosure of this information would involve the disclosure of information regarding a tender process which is to commence pursuant to section 90(3)(k) of the Local Government Act 1999.

1.2 the Report, Attachment A, Attachment B and Minutes will not be available for public inspection until the conclusion of the procurement process and will be released from confidence when an appointment is made; and

1.3 this order is subject to section 91(8)(b) of the Act which provides that details of the identity of the successful tenderer must be released once Council has made a selection. In addition, section 91(8)(ba) of the Act requires details of the amount(s) payable by the Council under a contract for the provision of recruitment services must be released once the contract has been entered into by all concerned parties.

1.4 The Chief Executive Officer is delegated authority that the order can be revoked in whole or part.

2. That for the item named in clause 1 and associated sub clauses, unless:

2.1 the period in respect of any order made under Section 91(7) of the Local Government Act 1999 lapses; or

2.2 Council resolves to revoke an order made under Section 91(7) of the Local Government Act 1999; or

2.3 the CEO determines pursuant to delegated authority that the order be revoked;

any discussions of the Council on the matter and any recording of those discussions are also confidential.

20. Closure

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Public Question Time – Rules (1) The Council will set aside 15 minutes for Public Question Time. (2) The Mayor will call for questions from the public gallery. (3) Members of the gallery wishing to ask a question must indicate their intention to ask a

question and when acknowledged by the Mayor, must state their name and ask their question in a manner befitting of a public meeting environment.

(4) The Principal Executive Officer will record any question asked during Public Question

Time in the minutes and a summary of the answer provided. Where an answer is unable to be given at the meeting it will be brought back to a future meeting of Council in the Public Question Time section by the Chief Executive Officer.

(5) A Member of the gallery will have up to two minutes maximum to ask questions. (6) Except for matters that would normally be dealt with by the Council on a confidential

basis or are being dealt with by the Council on a confidential basis, questions may relate to all aspects of Council business but must not impinge personally on any Elected Member of the Council nor any member of the Council staff and the Mayor may refuse to accept a question which in their opinion relates personally to an Elected Member or employee of the Council.

(7) Members of the gallery shall not enter into a debate or any other discussion and the

Council will not enter into discussions with the person/s asking the questions. (8) In the event that more information is required to provide an accurate and full answer

the Mayor may request that the Chief Executive Officer provide a response directly to the person asking the question after the meeting.

(9) The Mayor may determine that to answer the questions would require a substantial

commitment of Council resources in which case they may deem the question to be unreasonable.

(10) All proceedings shall be at the absolute discretion of the Mayor and continue to be

conducted under the legislative provisions relating to the holding of meetings. (11) If someone wishes to have an interpreter present to ask a question on their behalf

they may do so (own expense).

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Council Agenda Item 10.1 23 July 2019

Item No: 10.1 To: Council Date: 23 July 2019 Submitted by: Councillor Piggott Subject: ADDITIONAL MEMBERS TO THE CEO RECRUITMENT

PERFORMANCE APPRAISAL AND REMUNERATION COMMITTEE Attachments: Nil

Motion of Which Notice has been Given

Pursuant to Regulation 12 of the Local Government (Procedures at Meetings) Regulations, 2013, the following Motion on Notice has been submitted by Councillor Piggott.

Motion:

I, Councillor Piggott, do hereby give notice of my intention to move the following motion at the next ordinary meeting of Council for the City of Burnside.

1. That the Terms of Reference for the CEO Recruitment Performance Appraisal and Remuneration Committee be changed to add two additional Elected Members to the Committee until the completion of the current recruitment process for a new Chief Executive Officer.

2. That, in the event of more than two nominations for the additional positions, Council

conduct a secret ballot process to elect the two additional members to the CEO recruitment Performance Appraisal and Remuneration Committee.

3. That Cr ___________________ and Cr ___________________ be elected to the CEO

Recruitment Performance Appraisal & Remuneration Committee until the completion of the current recruitment process for a new Chief Executive.

4. That meeting quorum requirements remain the same. Rationale:

The recruitment of the Chief Executive Officer for the City of Burnside is currently the most important role for Council. Primary responsibility for driving the process rests with the CEO Recruitment Performance Appraisal and Remuneration Committee – a responsibility beyond the ongoing requirements of the Committee. The committee would be enhanced with additional resource & expertise available from two additional members.

Policy:

CEO Recruitment Performance Appraisal & Remuneration Review Committee Terms of Reference

Risk:

The responsibility and scrutiny required for this important task should not be allocated to too few members of Council.

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Legal:

Local Government Act 1999

Financial:

Nil

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Item No: 10.2 To: Council Date: 23 July 2019 Submitted by: Councillor Jones Subject: USE OF CITY OF BURNSIDE ASSETS / FACILITIES AS

EMERGENCY HELICOPTER LANDING SITE Attachments: Nil


Pursuant to Regulation 12 of the Local Government (Procedures at Meetings) Regulations, 2013, the following Motion on Notice has been submitted by Councillor Jones.

Motion:

I, Councillor Jones, do hereby give notice of my intention to move the following motion at the next ordinary meeting of Council for the City of Burnside.

1. That this Council submit an objection, at the appropriate time, to the relevant State Government bodies concerning the use of the Kensington Oval, under any circumstances, as an emergency helicopter landing site by Peregrine Corporation.

2. That this Council submit an objection, at the appropriate time, to the relevant State Government bodies concerning the use of any other locations in the City of Burnside, under any circumstances, as an emergency helicopter landing site by Peregrine Corporation.

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Item No: 10.3 To: Council Date: 23 July 2019 Submitted by: Councillor Cornish Subject: KAURNA RECOGNITION Attachments: Nil


Pursuant to Regulation 12 of the Local Government (Procedures at Meetings) Regulations, 2013, the following Motion on Notice has been submitted by Councillor Cornish.

Motion:

I, Councillor Cornish, do hereby give notice of my intention to move the following motion at the next ordinary meeting of Council for the City of Burnside.

1. That, pursuant to the Heritage Policy, Council asks the Administration to provide a report with a list of Kaurna names to co-name its larger reserves and other culturally significant sites and any other measures that would appropriately recognise the Kaurna culture and heritage within the City of Burnside.

2. That the Administration liaises with appropriate Kaurna elders and the Department of the Premier and Cabinet’s Aboriginal Affairs and Reconciliation Division in the preparation of this report.

3. That the report be provided to Council at a March 2020 meeting.

Policy:

Heritage Policy

Risk:

Nil

Legal:

Nil

Financial:

Nil

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Item No: 10.4 To: Council Date: 23 July 2019 Submitted by: Councillor Cornish Subject: HERITAGE PROTECTION AND CONTRIBUTORY ITEMS Attachments: Nil



Motion:


1. That the Council Administration brings a report to Council in September 2019 with regard to:

1.1 The possibility of and process for reclassifying Council’s Contributory Items as Local Heritage Places.

1.2 The possibility of and process for giving State Heritage recognition to some existing Historic Conservation Policy Areas within the City of Burnside.

1.3 The process for listing or removing Local Heritage Place status.

Policy:

This motion relates to the Heritage Policy, City of Burnside Development Plan, Heritage Places Act 1993 and the Planning, Development and Infrastructure Act 2016.

Risk:

Nil

Legal:

Nil

Financial:

Nil

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Item No: 10.5 To: Council Date: 23 July 2019 Submitted by: Councillor Cornish Subject: COUNCIL ASSESSMENT PANEL MEMBERSHIP Attachments: Nil



Motion:


1. That Council writes to the State Minister for Planning requesting that consideration be given to increasing the number of Elected Members being member of the City of Burnside’s Council Assessment Panel.

2. The request should provide a variety of options in terms of the composition of the Council Assessment Panel.

3. This may include an independent Chair and independent membership from persons with qualifications in planning, urban design, urban environments, heritage matters, transport logistics, legal matters regarding planning and the possibility of including local residents.

4. That if the Minister for Planning cannot provide approval, that the City of Burnside requests the Minister for Planning review the Government of South Australia’s position on the composition of Council Assessment Panels to provide a greater democratically accountable, local and community interested voice.

5. That a copy of this letter be provided to all local State Members of Parliament representing within the boundaries of the City of Burnside.

Policy:

Planning, Development and Infrastructure Act 2016.

Risk:

Nil

Legal:

Nil

Financial:

Nil

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Item No: 10.6 To: Council Date: 23 July 2019 Submitted by: Councillor Henschke Subject: HERITAGE REFORM Attachments: Nil


Pursuant to Regulation 12 of the Local Government (Procedures at Meetings) Regulations, 2013, the following Motion on Notice has been submitted by Councillor Henschke.

Motion:

I, Councillor Henschke, do hereby give notice of my intention to move the following motion at the next ordinary meeting of Council for the City of Burnside.

1. That the Council write to thank The Honourable Vickie Chapman MP for the Bragg Heritage Forum held on 16 July that raised awareness of heritage issues for residents and ratepayers.

2. That based on the concerns and issues of the LGA that Council supports the following recommendations as a Council position and to be submitted as motions to the Greater Adelaide Region Organisation of Councils (GAROC) LGA group (or other suitable forum) in relation to heritage policy:

2.1 That current heritage classifications and protections including Historic Conservation Zones/Policy Areas and Contributory Items be transitioned in their current form into Generation 1 of the new planning system;

2.2 That the State Government implement the recommendations of the first report of the Heritage Inquiry; and

2.3 That the State Planning Commission enter into genuine engagement with local government on the detail of the Planning and Design Code as it relates to heritage and character, and in particular demolition control.

3. That Council raise the awareness of residents and ratepayers of items 1 and 2 of this motion in the next publication of Focus Magazine and on-line media.

Policy:

Planning, Development and Infrastructure Act 2016.

Risk:

Nil

Legal:

Nil

Financial:

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Nil

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Item No: 13.1 To: Council Date: 23 July 2019 Author: Chief Executive Officer Subject: EXTENSION OF PUBLIC QUESTION TIME ON COUNCIL AGENDA

AND UPDATED RULES Attachments: A. Current Public Question Time Rules as endorsed on 27

November 2018 B. Draft Revised Public Question Time Rules proposed for

adoption Prev. Resolution: 27/11/2018, C11868

14/5/2019, C12072

Officer’s Recommendation

1. That the Report be received.

2. That trial of Public Question Time is extended until the existing Code of Practice – Meetings and Documents – Access and Procedures is amended by Council.

3. That the revised Public Question Time Rules are adopted.

4. That the Administration continue to promote and market public question time to the community through existing mediums including, but not limited to, online, social media, Focus Magazine and the Messenger community information column.

Purpose

1. To provide Council with information relating to a proposed extension of Public Question Time until the Code of Practice – Meetings and Documents – Access and Procedures, is amended and adopted by Council.

2. To present revised rules for Public Question Time during the extension period for adoption by Council.

Strategic Plan

3. The following Strategic Plan provision is relevant:

Delivery of good governance in all Council business

Communications/Consultation

4. The following communication / consultation has been undertaken:

4.1. Discussions with other Councils who have Public Question Time as part of their Council Meeting Agendas;

4.2. Investigations of best practice across local government for Public Question Time; and

4.3. Review of Public Question Time rules used by different local government entities.

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Statutory

5. The following legislation is relevant in this instance:


Policy

6. The following Council Policy is relevant in this instance:

Code of Practice – Meetings and Documents – Access and Procedures

Risk Assessment

7. There are no risks associated with the recommendation.

CEO Performance Indicators

8. At the time of writing this report the CEO’s Performance Indicators for the 2019/20 financial year have not been set.

Finance

9. There are no financial implications for the City of Burnside in respect of the recommendation.

Discussion

Background

10. At the 27 November 2018 meeting of Council, Council resolved (C11868) to commence a trial of Public Question time for a period of six months and adopted a set of initial protocols to provide guidance on the way that this public engagement was to occur.

11. At the 14 May 2019 meeting of Council, Council resolved (C12072) to extend the trial of Public Question Time for a further two months until the end of July 2019 to allow the item to be continued to be included in the Council Agenda. The rules as adopted at the commencement of the initial trial period continued for this initial extension.

12. The trial of Public Question Time was to inform the review of the Code of Practice – Meetings and Documents – Access and Procedures (Code) in relation to providing an additional method for members of the public to engage with Council.

Analysis

13. Public Question Time is a means by which the public can seek responses from the City of Burnside Council about issues affecting Local Government that are of concern to them. It assists the public to be better informed about the governing of the Council area, and it provides Council with a mechanism to identify issues of importance in their community.

14. As the current trial period for Public Question Time concludes at the end of July 2019, it is an appropriate time for Council to consider a further extension of the trial period. Having had the benefit of an additional trial period, it is also an appropriate time to review, strengthen and amend the rules which guide Public Question time. These rules, if endorsed, will be considered for inclusion in the update of the Code.

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15. As part of the initial review of Council’s Code of Practice – Meeting Procedures, investigations have been undertaken on how other Council’s conduct public question time and the guidelines which are provided to the community.

16. Each Council conducts public question time differently and unlike local government in other states and territories, the Local Government Act 1999 (LG Act) does not prescribe that Council must conduct a Public Question Time at each council meeting.

17. Public Question Time, as it is currently structured, allows members of the public far greater freedom to ask questions of the council than council members have under the LG Act and the Local Government (Procedures at Meetings) Regulations 2013 as currently the only deciding factor to see if a question is to be answered is that it deals with Council business.

18. The draft revision to the Public Question Time Rules (Attachment B) presents a balance between allowing members of the public the opportunity to ask and receive public responses to questions, while also allowing for greater control over the questions being asked including greater mechanisms for the Presiding Member to manage and disallow inappropriate, insulting, vague or improper questions.

19. The revised rules also provide for greater accessibility in that those members of the public who are physically unable to attend a Council meeting can submit a question which will be publicly posed and responded to. Further, for those that may find it daunting to ask a question in a public arena (or being broadcasted online) will also now have the means to participate.

20. The addition of the requirement that questions are provided in advance in writing by 5pm the day prior to the council meeting, allows for answers to be prepared in advance of the meeting so that accurate answers can be provided on the night, lessening the number of questions to be taken on notice.

21. The draft rules, presented in Attachment B, have been revised to allow:

21.1. Questions to be submitted to the CEO in writing by 5pm on the day before the Council Meeting to allow time for answers to be prepared and presented at the Council meeting by the Presiding Member;

21.2. Each member of the public can ask a maximum of 2 questions;

21.3. Questions should be direct, succinct and able to be comprehend by any member of the public. Preambles or additional information will not be considered;

21.4. The Presiding Member is to read the accepted questions and answers during the Public Question Time;

21.5. Expanded provisions in which the Presiding Member is able to refuse to allow a question to be listed or refuse to respond to a question, including questions that are inappropriate, insulting, vague and/or improper;

21.6. Clearer direction of what is to be included in the council meeting minutes. Only the name and suburb of the person asking the questions, the topic(s) of the question(s), the title of the officer who prepared the answer to the question and if the question was answered at the meeting or taken on notice;

21.7. If any question requires research prior to an answer being given, the Presiding Member will indicate that the question will be taken on notice and a response will be provided to the member of the public and presented at the next possible Council meeting, following the necessary research being undertaken;

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21.8. Questions must be relevant to the City of Burnside and within the Council’s jurisdiction; and

21.9. Clarification on the timing of the maximum 15 minutes allocated to Public Question Time.

22. The changes to the rules are aimed at improving public question time, clearly articulating the council’s expectations of the process and allowing questions to receive a higher level of quality in responses.

Conclusion

23. Public Question Time provides members of the public the opportunity to engage with Council having their questions and answers being read publicly by the Presiding Member.

24. The revised rules aim to clarify the process and to allow for improved structure in asking and responding to questions while opening the opportunity up to those who may not have been able to physically attend a Council meeting.

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Public Question Time – Rules

(1) The Council will set aside 15 minutes for Public Question Time.

(2) The Mayor will call for questions from the public gallery.

(3) Members of the gallery wishing to ask a question must indicate their intention to ask a question and when acknowledged by the Mayor, must state their name and ask their question in a manner befitting of a public meeting environment.

(4) The Principal Executive Officer will record any question asked during Public Question Time in the minutes and a summary of the answer provided. Where an answer is unable to be given at the meeting it will be brought back to a future meeting of Council in the Public Question Time section by the Chief Executive Officer.

(5) A Member of the gallery will have up to two minutes maximum to ask

questions.

(6) Except for matters that would normally be dealt with by the Council on a confidential basis or are being dealt with by the Council on a confidential basis, questions may relate to all aspects of Council business but must not impinge personally on any Elected Member of the Council nor any member of the Council staff and the Mayor may refuse to accept a question which in their opinion relates personally to an Elected Member or employee of the Council.

(7) Members of the gallery shall not enter into a debate or any other discussion and the Council will not enter into discussions with the person/s asking the questions.

(8) In the event that more information is required to provide an accurate

and full answer the Mayor may request that the Chief Executive Officer provide a response directly to the person asking the question after the meeting.

(9) The Mayor may determine that to answer the questions would require a substantial commitment of Council resources in which case they may deem the question to be unreasonable.

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(10) All proceedings shall be at the absolute discretion of the Mayor and continue to be conducted under the legislative provisions relating to the holding of meetings.

(11) If someone wishes to have an interpreter present to ask a

question on their behalf they may do so (own expense).

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Public Question Time Rules

1. There will be a maximum of 15-minutes allocated at the current section of the agenda for each Council meeting for the purposes of public question time.

2. Each member of the public can ask Council a maximum of two questions.

3. Questions must be submitted to the Chief Executive Officer in writing (email acceptable and encouraged) by 5pm on the day before the Council meeting and accompanied by the author’s name, suburb and contact details. Any questions submitted after this deadline will be carried forward to the next Council meeting.

4. If any question requires research or exhaustive Administration time prior to an answer being given, the Presiding Member will indicate that the question will be taken on notice and a response / answer will be provided to the member of the public directly and presented at the next possible Council meeting, following the necessary research being undertaken.

5. An acknowledgement from the Office of the CEO, inviting the person to attend the Council meeting to hear the response from the Presiding Member will be sent. The response will also indicate whether the question will be taken on notice (see part 4 above) or whether the Presiding Member has refused to accept the question as per part 8 below. This allows for the member of public to have clarity over the ‘status’ of their question and appropriateness.

6. The Presiding Member will read the questions and answers during the Public Question Time.

7. In addition to the answer being read out at the meeting a response containing the answer will be sent directly to the member of public.

8. The questions are not restricted to those regarding agenda items, but they must be relevant to this Council or be within the jurisdiction of the City of Burnside.

9. The Presiding Member may refuse to allow a public question to be listed or refuse to respond to a question that:

(a) is unlawful in any way

(b) is inappropriate, insulting, vague, improper or defamatory

(c) questions the competency of Council staff or Councillors

(d) relates to the personal affairs or actions of Council staff or Councillors

(e) relates to confidential matters, legal advice or actual or possible legal proceedings

(f) is in the reasonable opinion of the presiding member, proffered to advance a particular point of view, rather than to make a genuine inquiry

(g) is irrelevant to Council

(h) not related to Council activities; or

(i) is a question that has been substantially asked and answered at a previous Council meeting.

10. The Minutes will record:

(a) the name and suburb of the person who asked the questions;

(b) topic of the questions;

(c) the title of the officer who prepared the answer, whether an answer was given or if the questions were taken on notice.

(d) if the presiding member has refused to allow a question and the rationale. 29

11. Once the maximum allocated time (15 minutes) has ended the Presiding Member will declare that

public question time has ended. At this time, any question that has not been answered will be carried forward to the next Council meeting.

12. No debate is permitted on either the question or the answer. Supplementary questions based on the answer are not permitted to be raised at the time and will need to be submitted through the established process.

13. Members of the public participating in Public Question Time do not have any protection from defamation in relation to statements made.

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Item No: 13.2 To: Council Date: 23 July 2019 Author: Martin Cooper, A/Chief Executive Officer Subject: REAPPOINTMENT OF INDEPENDENT CHAIRPERSON TO EAST

WASTE BOARD Attachments: A. Letter from General Manager, East Waste to Member Councils Prev. Resolution: C10063, 24/2/15

C11273, 11/7/17



2. That Council note the temporary extension of Mr Brian Cunningham in the role of Independent Chairperson of the Eastern Waste Management Authority for a three month period until 30 September 2019.

3. That Council endorse the reappointment of Mr Brian Cunningham as the Independent Chairperson of the Eastern Waste Management Authority for a further two year term until 30 June 2021.

Purpose

1. To provide Council with a request for consideration from the General Manager, East Waste, concerning the reappointment of Brian Cunningham as the Independent Chairperson of the Eastern Waste Management Authority.

Strategic Plan


“Representation that is ethical, respectful, transparent, and instils confidence, reflecting the best interests and values of the community”



3.1. Correspondence received from the General Manager of East Waste.

Statutory



Eastern Waste Management Authority Charter 2012

31


Policy

5. There are no policy implications or requirements associated with this recommendation.

Risk Assessment

6. There are no risks associated with the recommendation subject to Council endorsing the reappointment.

7. Should Council not endorse the reappointment of the current Chairperson then the Eastern Waste Management Authority Board would need to undertake a recruitment process, which could prove to be lengthy and expensive.


8. At the time of writing this report the CEO’s Performance Indicators for the 2019-20 financial year have not been set.

Finance


Discussion

10. In accordance with Clause 21.1.2 of the East Waste Charter (the Charter), an independent person (who shall be the Chair) is to be appointed for a two year term.

11. The current Independent Chairperson Brian Cunningham, was initially appointed in 2013 and was subsequently reappointed to the position, following consideration by member councils, in both 2015 and 2017, for a further two year period on each occasion.

12. The Charter allows for the Independent Chairperson to be reappointed after the term.

13. Since late 2015, Mr Cunningham has also held a position as Chair of the Northern Adelaide Waste Management Authority (NAWMA).

14. A media release was issued by East Waste early July 2019 confirming the engagement of NAWMA for a three year period; to be responsible for the receipt and processing of recyclables. Council considered the matter of this contract earlier in 2019 (in confidence at the time).

15. The cessation by East Waste of the previous contract and the subsequent engagement of NAWMA on an initial short-term contract created a conflict of interest situation. This conflict of interest has been diligently managed throughout the whole process and has been supported by legal advice to ensure the integrity of East Waste, NAWMA and Mr Cunningham.

16. Advice received by East Waste confirms that the recently announced contract with NAWMA results in the conflict of interest situation remaining. However, this can continue to be effectively and appropriately managed, with suitable avenues and mechanisms for East Waste and Mr Cunningham to utilise should the need arise.

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17. This is not dissimilar to any Board Member managing a conflict of interest for any specific agenda item on a case by case basis and on the merits of each matter.

18. At a special meeting of the Eastern Waste Management Board held 1 July 2019, it was resolved to seek endorsement from member councils for the reappointment of Brian Cunningham as Independent Chairperson for a further two years until 30 June 2021 (refer Attachment A).

19. It is the view of the Council Administration that Mr Cunningham has continued to perform well in providing strategic leadership to the Board of East Waste and contributed to a sound collaborative relationship with the City of Burnside; ensuring the effective delivery of waste services to the community, particularly during a challenging time over the last year, taking into account waste management matters being faced by the sector and the China Sword implications.

Conclusion

20. The term of Mr Cunningham as current Board Chairperson expired on 30 June 2019; a three month extension was approved on 1 July 2019 by the East Waste Board, to allow for business continuity and to facilitate a consultation process with Member Councils.

21. It is recommended that Council endorse the reappointment of Brian Cunningham as Independent Chairperson of the Eastern Management Board for a further two years.

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1 Temple Court, Ottoway 5013 T. 8347 5111

PO Box 26, Mansfield Park SA 5012 E. [email protected]

5 July 2019

Mr Barry Cant

Acting Chief Executive Officer

City of Burnside

PO Box 9

GLENSIDE SA 5065

Dear Barry,

RE: Re-appointment of Independent Chairperson, Mr Brian Cunningham

The East Waste Chair is an independent role and is appointed for a period of two years as per the requirements of the East

Waste Charter.

21.1.2 one independent person(who shall be the Chair) appointed jointly by Absolute Majority of the Constituent Councils for a two year term (and at the expiration of the term is eligible for re-appointment) who is not an officer, employee or elected member of a Constituent Council, but who has expertise in:

(a) corporate financial management and/or (b) general management and/or (c) waste management and/or (d) transport fleet management and/or (e) public sector governance (f) marketing and/or (g) economics and/or (h) environmental management.

Mr Brian Cunningham has held the role since 2013 and was last appointed in July 2017, with his tenure expiring on 30 June

2019. Since late 2015 he has also held the role as Chair of Northern Adelaide Waste Management Authority (NAWMA)

The cessation of our contract with SKM Recycling and the subsequent engagement of NAWMA on a short-term contract

has created a live conflict of interest situation. This conflict of interest has been diligently managed throughout the whole

process and has been supported by legal advice to ensure the integrity of East Waste, NAWMA and Mr Cunningham.

The recent signing of at least a three-year contract with NAWMA for the receipt and processing of our recyclables will result

in the conflict of interest remaining live and while it would need to be effectively managed, it is in itself not a unique situation.

As mentioned, legal advice from Michael Kelledy, Kelledy Jones Lawyers on this matter was sought prior to the

commencement of the Recycling Tender process (refer Attachment 1) and more recently when it appeared likely East Waste

would be entering into a contract with NAWMA (refer Attachment 2). Both pieces of legal advice support the process taken

to date and suggest that there are appropriate avenues for East Waste and Mr Cunningham to take should he be supported

to be retained as Chair of the East Waste Board. This is summarised specifically in the following excerpt:

34

mailto:[email protected]

1 Temple Court, Ottoway 5013 T. 8347 5111

PO Box 26, Mansfield Park SA 5012 E. [email protected]

“Finally, if NAWMA is awarded the contract, in the event that East Waste or NAWMA consider and deal with any contractual issues during the life of the contract, those matters can be managed by you on an Agenda by Agenda basis, just as any Board member is required to consider whether they have a conflict of interest captured under the LG Act for any particular Agenda item on an ongoing basis.” Michael Kelledy 16 October 2018

A decision on the Chairing role had been delayed until confirmation of the Recycling Contract was known which has resulted

in the expiration of Brian’s tenure on 30 June 2019. The East Waste Board at a Special Board meeting on 1 July resolved:

Moved Cr Green that the Board 1. Approves the extension of Mr Cunningham in the role of Chair for a period of three (3) months, through until 30 September 2019 in order to facilitate a consultation process with Member Councils; and 2. Seeks Member Council approval to re-appoint Brian Cunningham as Independent Chair for a further term through until 30 June 2021. Seconded Mayor Holmes-Ross Carried

The above resolution sees Mr Cunningham engaged for an initial period of three months, to facilitate Member Council

endorsement. Further to this and consistent with the requirements of Clause 21.1.2 of the Charter, I am seeking the approval

of the City of Burnside to re-appoint Mr Brian Cunningham as Independent Chairperson for a further two (2) year term,

expiring on 30 June 2021.

The next Board meeting is scheduled for 26 September 2019, whereby the endorsement or otherwise of the Member

Council’s will be tabled, so I respectfully request you provide a response to me no later than Friday 6 September 2019, so

that it may be included in the Board papers.

Please do not hesitate to contact me on mobile, 0417 466 929, or email [email protected], if you have any questions.

Yours sincerely,

ROB GREGORY GENERAL MANAGER

35




Item No: 13.3 To: Council Date: 23 July 2019 Author: Magnus Heinrich – Group Manager, City Development and Safety General Manager and Division:

Matthew Spearman – Acting General Manager, Corporate and Development

Subject: BY-LAW MANAGEMENT AND ENFORCEMENT – HALF YEARLY REPORT

Attachments: Nil Prev. Resolution: C10065, 24/2/15


That the Report be received.

Purpose

1. To provide Council with a six month summary of the management and enforcement of the City of Burnside By-Laws for the period January 2019 to June 2019.

Strategic Plan


“Delivery of good governance in Council business”



3.1. Discussions with internal stakeholders including the Assets & Infrastructure, Operations & Environment, City Development & Safety, People & Innovation and Community Connections teams.

Statutory



Dog and Cat Management Act 1995

Policy

5. There are no policy implications associated with the recommendation.

Risk Assessment

6. There are no known risks associated with the recommendation.

37




Finance


Discussion

Background

9. On 24 February 2015, Council resolved (C10065), in part:

That the By-Law Management and Enforcement Report be provided to Council on a six-monthly basis.

10. This report covers the period January 2019 to June 2019 inclusive (the subject period). A summary of the purpose of the By-Law (taken from each By-Law) is included in the report for clarity. The By-Laws may be viewed on the Council website.

11. ‘Nil reports’ means that in the subject period, there were no reports of breaches of the By-Law, being reports from staff (particularly from the Operations & Environment and Rangers teams) or from members of the public or Elected Members.

Analysis

12. By-Law 1: Permits and Penalties – to provide for a permit system and continuing penalties in Council By-Laws, to clarify the construction of such By-Laws and to repeal By-Laws. No action required.

13. By-Law 2: Moveable Signs – to set standards for moveable signs on roads and to provide conditions for and the placement of such signs.

13.1 During the subject period, the Rangers dealt with 15 non-complying moveable signs.

13.2 One application were received for exemption to the moveable sign By-Law in relation to location of a sign.

14. By-Law 3: Local Government Land – for the management and regulation of the use of and access to local government land vested in or under the control of Council, including the prohibition and regulation of particular activities on local government land.

14.1 Rangers include major parks, particularly on weekends, in their patrols and respond to complaints.

14.1.1 Weddings, Funerals or Special Events: In total, six permits were issued for events in Fergusson Square, Hubbe Court, Kensington Gardens Reserve, Tusmore Park – Hanson Reserve. Rangers and the Operations & Environment Teams were advised of the bookings through a weekly report.

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14.2 During patrols, Rangers may direct people to cease an activity or otherwise comply with the By-Law, and providing they comply, they will not be expiated, and no record is made of the incident. Individuals who do not comply are expiated, but this is an unusual occurrence.

14.3 A summary of activities by permission only by subsection of the By-Law has been provided as follows:

14.3.1 Advertising: nil reports.

14.3.2 Amplification: nil items permitted for a total of nil events with nil reports.

14.3.3 Animals: one report.

14.3.4 Annoyance: nil reports.

14.3.5 Aquatic: one report.

14.3.6 Athletic and Ball Sports: two reports.

14.3.7 Attachments to Trees: one report.

14.3.8 Camping and Tents: one report.

14.3.9 Canvassing: nil reports.

14.3.10 Cemeteries: nil reports.

14.3.11 Closed Lands: nil reports.

14.3.12 Dispose of Dead Animals: There were 90 reports of dead animals (mostly possums) in the subject period. Operations & Environment staff responded and the animals were removed. There was no indication that the (various) animals had been deliberately abandoned.

14.3.13 Defacing Property: The Volunteer Graffiti Removal teams responded to 97 reports by callers in relation to graffiti. Our volunteers completed 195 instances (including their proactive work). The total area cleaned for the period was 416m².

14.3.14 Distributing: nil reports.

14.3.15 Donations: six reports. Combined total of six days of fundraising at the available location of Civic Centre Cloisters / Library Foyer.

Recipients: Girl Guides SA Inc - Knightsbridge Girl Guides, St Georges Branch Red Cross, SACWA Dequetteville Branch, Probus Club Of Burnside and Handspinners Craft Group.

14.3.16 Encroachment: During the subject period, Council progressed the negotiations in respect to encroachments located at:

14.3.16.1 Magill Stone Mine Reserve (three encroachments).

• Council resolved to proceed with public consultation to revoke the Community Land status over the portions of

39


land that have been encroached upon with the understanding that if the status is revoked, the land will be sold to the adjoining owners at a pre-determined price. Public Consultation was completed in April 2014.

• An Application was submitted and approved by the Minister for State/Local Government Relations. In December 2014, Council resolved to revoke Community Land status of the subject land and work with the adjoining owners to progress boundary realignment approvals and subsequent sales.

• Council has authorised the Chief Executive Officer to undertake any and all actions necessary to finalise the sale of the portions of land.

• Two of the encroachments have been remedied (via the sale of land to the adjoining owner). The remaining encroaching land owner has met with Administration staff on several occasions to finalise a property boundary after which a surveyor will undertake a boundary realignment application. Although this process is taking a significant amount of time to progress, it is currently underway and is moving towards completion. Once approved, the sale of the land can be finalised.

14.3.16.2 A review of the Geographic Information System (GIS) has identified four other reserves where encroachments may have occurred but due to tolerances of using aerial photography, an on-site survey is required to verify if they are actual encroachments. These matters will be pursued as and when resources are available as they are typically complex issues that require extensive consultation, and a considerable investment of time and effort to resolve.

14.3.17 Entertaining: two reports.

14.3.18 Fires: one reports.

14.3.19 Fireworks: nil reports.

14.3.20 Flora and Fauna: one report.

14.3.21 Games: one reports.

14.3.22 Liquor: nil reports.

14.3.23 Litter: The Operation staff reported 195 instances of dumped rubbish by unknown persons. Rangers received 20 complaints of rubbish dumped by known persons. In each known case of rubbish being dumped, the Rangers spoke to the person/s involved, advising them to remove the rubbish with compliance occurring on each occasion.

14.3.24 Overhanging Articles: nil requests were received during this period.

14.3.25 Picking Fruit: nil reports.

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14.3.26 Posting of Bills: nil reports.

14.3.27 Preaching: nil reports.

14.3.28 Removing Soil: nil report.

14.3.29 Repairs to Vehicles: one reports.

14.3.30 Rubbish Dumps and Rubbish Bins: three reports.

14.3.31 Smoking: nil reports.

14.3.32 Structures: one reports and one observed.

14.3.33 Swimming and Aquatic Activity: nil reports.

14.3.34 Toilets: nil reports.

14.3.35 Trading: two reports.

14.4 A summary of prohibited activities by subsection of the By-Law has been provided as follows:

14.4.1 Glass: nil reports.

14.4.2 Interference with Land: one reports.

14.4.3 Interference with Permitted Use: one reports.

14.4.4 Missiles: nil reports.

14.4.5 Obstruction: nil reports.

14.4.6 Solicitation: nil reports

14.4.7 Use of Equipment: nil reports.

14.4.8 Waste: nil reports.

15. By-Law 4: Roads – for the management, control and regulation of activities on roads. For this By-Law, the term road includes the road reserve (i.e. footpath, verge, median strip etc.).

15.1 Rangers patrol the roads and respond to complaints. Breaches of this By-Law occur infrequently.

15.2 During patrols, Rangers may direct people to cease an activity or otherwise comply with the By-Law and providing they comply, they will not be expiated, and no record is made of the incident. Individuals who do not comply are expiated, but this is an unusual occurrence.

15.3 A summary of activities by permission only by subsection of the By-Law has been provided as follows:

15.3.1 Advertising: nil report.

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15.3.2 Amplification: one report.

15.3.3 Animals: four reports.

15.3.4 Camping: one report.

15.3.5 Donations: one report. Fundraising at the available location of Greenhill Road, Glenside and Magill Road, Magill.

15.3.6 Exhibition or Display: nil reports.

15.3.7 Posting of Bills: nil reports.

15.3.8 Preaching: nil reports.

15.3.9 Repairs to Vehicles: one reports.

16. By-Law 5: Dogs – to limit the number of dogs that can be kept on premises and to provide for the management and control of dogs within the Council area (By-Law made under the Dog and Cat Management Act 1995 and the Local Government Act 1999).

16.1 A summary of activities by subsection of the By-Law follows:

16.1.1 Limit on Dog Numbers: three applications for additional dogs over the limit were received and approved.

16.1.2 Dog Free Areas: nil reports.

16.1.3 Dogs On Leash Areas: nil reports.

16.1.4 Dog Exercise Areas: nil reports.

17. By-Law 6: Waste Management – to regulate and control the removal of domestic, recyclable and green organic waste from premises, for the prevention and suppression of nuisances, and for regulating the management of Council property.

17.1 A summary of activities by subsection of the By-Law follows:

17.1.1 Provide Containers: Council endorsed the revised Kerbside Waste Management Policy in August 2018 that manages and guides the provision of all waste bins (containers) to the community. Each (rateable) property is entitled to a general waste, organics, and recycle bin. The bins remain the property of the City of Burnside. Each bin has been fitted with RFID tagging that enables Council to identify missing or stolen bins, track and manage potential misuse of bins, and where appropriate act in response to such misuse. In the subject period, 102 bins were reported as stolen or misplaced.

17.1.2 Damage: Council manages damaged bin reports on a reactive basis, i.e. in response to requests from property owners. All requests are now administered by East Waste directly and recorded through a software package referred to as ‘Waste Track’. All requests associated with damaged bins are collated and forwarded to the bin manufacturer for repairs. There have been 161 bin repair requests in the subject period, covering Waste (red), Organics (green) and Recyclable (yellow) bins. 37 bins were replaced due to irreparable damage in the subject period.

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East Waste is invoiced for all costs related to collection damage of bins.

17.1.3 Collection Services: The majority of bin requests are managed through East Waste. For the subject period, Council received through the East Waste operations depot: 1,170 non-collection requests, covering Waste (red), Organics (green) and Recyclable (yellow) bins. These requests relate to bins that could not be collected due to factors outside the control of the waste truck driver (e.g. inaccessible streets, bins not out, where the service had not yet reached the street, contamination, weight or obstruction). The majority of those requests were resolved within one day. Service exceptions for persistent issues are dealt with internally by East Waste and senior Council staff. In the subject period, Ranger Services had 14 complaints of bins being left out after collection day, and there were two reports of missed bins received through the East Waste operations depot (cases where the bins were accidentally missed).

17.1.4 During the subject period residents could dispose of e-waste items for free at the Glen Osmond Recycle Centre until early April when the business ceased to provide this service. Since April, Council Administration has updated the information on the Council website and through the Customer Service team to direct residents to freely available locations where e-waste can be dropped off. Additionally, the Council Depot now accepts e-waste on one day per month (details are on the Council website). During May and June there were 14 residents who dropped e-waste to the Council Depot.

17.1.5 During the subject period, Council’s at Call Hard Waste service received

1920 hard waste bookings. 1636 customers’ hard waste was collected, 152 bookings were cancelled, and 132 bookings were not collected due to the hard waste items not being placed out on the booking collection day. 242 tonnes of hard waste collected. Customers waited an average of 22 days from the date of booking until their allocated hard waste collection date. 66 customers requested a second collection within the financial year at an extra cost, paid by the customer.

17.1.6 Interference with garbage / hard rubbish: two reports.

18. By-Law 7: Lodging Houses – for controlling, licensing, inspecting and regulating lodging houses.

18.1 During the subject period, nil complaints were received.

Conclusion

19. This report provides a summary of the management and enforcement of the City of Burnside By-Laws from January 2019 to June 2019 inclusive. Management and enforcement of By-Laws is an ongoing and coordinated task across many areas of Council Administration and will continue to be reported to Council on a half yearly basis, with the next update for the July – December 2019 period due in January 2020.

43


Item No: 13.4 To: Council Date: 23 July 2019 Author: Aaron Schroeder - Strategic Projects and Planning Manager General Manager and Division:

Michelle Kennedy - Acting General Manager Urban and Community

Subject: LAUREL AVENUE, LINDEN PARK – OPTIONS FOR FUTURE OF SITE

Attachments: A. Site map and images B. Chronology of resolutions

Prev. Resolution: C11350, 22/8/17 C11351, 22/8/17 C11358, 22/8/17 C12018, 26/3/19



2. That a Business Case and detailed costings be prepared for option(s) ……………. as listed within this Council report, and that these be presented to Council on completion.

Purpose

1. To present Council with options for the future of the site at 31 Laurel Avenue, Linden Park.

Strategic Plan

2. The following Strategic Plan provisions are relevant:

“Environmentally sustainable development which complements the City’s character”

“Sustainable, engaging, healthy and functional public spaces and streetscapes”

“High quality sport and recreational opportunities and facilities that foster healthy lifestyles”

“Fit for purpose and cost effective infrastructure that meets community needs”

“A safe community that values and supports its people”

“Our community is actively engaged and involved in shaping the City’s future”

“A financially sound Council that is accountable, responsible and sustainable”

Communications / Consultation


45


3.1. Information Documents to Elected Members in April and May 2019 with a summary of the history of the site and future options (refer Attachment B);

3.2. Site visits for Elected Members on 11 May and 4 July 2019;

3.3. Workshop for Elected Members on 27 June 2019;

3.4. Discussions with Assets & Infrastructure, City Development & Safety, Community Connections, Finance & Governance, and Operations & Environment departments;

3.5. Advice received from Mellor Olsson Lawyers;

3.6. Advice received from Jones Lang LaSalle (JLL) regarding land valuation; and

3.7. Correspondence with the Electorate Office of the Member for Bragg.

Statutory


Development Act 1993

Disability Discrimination Act 1992

Eastern Health Authority Regional Public Health and Wellbeing Plan 2014-2018

Environment Protection Act 1993


Public Health Act 2011

Roads (Opening and Closing) Act 1991

Road Traffic Act 1961

Policy

5. The following Council policies and strategy documents are relevant in this instance:

Arts, Culture, Heritage and Recreation Policy

Asset Management Policy

Be the Future of Burnside Strategic Community Plan 2016-2026

Community Engagement (Public Consultation) Policy

Community Gardens Policy

Connected Communities Strategy 2017-2021

Environment and Biodiversity Policy

Local Sports & Recreation Areas Community Land Management Plan

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Open Space Policy

Open Space Strategy 2008-2018

Sale or Disposal of Assets Policy

Risk Assessment

6. There is a reputational risk if several options for the future of the site are not considered.

7. There is a risk that some options may invoke a strong response from the community. This will need to be managed through appropriate communications and engagement processes.

8. There are potential risk management issues relating to the made roads over Community Land, being an extension of Laurel Avenue and an extension of Tamarack Avenue. Although these made roads have existed since at least the 1950s, it should be considered that both are converted to public roads as defined by the Local Government Act 1999, regardless of which option for the site is pursued. Risks may relate to potential public liability claims that arise through the use or misuse of this land as road.



Finance

10. The following financial implications have been identified:

10.1. The site has an estimated market value of more than $1 million (excluding GST).

10.2. Demolition of the site’s current structures is estimated at $10,000 to $15,000, if no hazardous building materials are present. However, it is expected that this cost may be higher due to the expected presence of asbestos in some of the buildings. Demolition of current structures would also have an impact on Council’s bottom line as they would need to be written off. These are currently valued at approximately $36,000.

10.3. If the City of Burnside decides to proceed with development of the site for community or operational use, opportunities for external grant funding will be investigated to assist with the detailed design and construction stages.

10.4. Options 3 and 4 covered in the sections below would provide Council with a revenue stream by way of rental or sale proceeds and an ongoing rate revenue.

Discussion

Current Council Resolution

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11. In response to an Elected Member budget proposal for 2019/20 to build a community garden at 31 Laurel Avenue, Linden Park, once the biodiversity nursery operations relocate, Council resolved (C12018, 26/3/19):

“That the Administration provide a report to Council in July 2019 on the future possible uses of the Laurel Ave site and opportunities for a Dulwich Master Plan Feasibility Study”.

12. This Report addresses the resolution by exploring four overarching options for the Laurel Avenue site, as well as high level cost estimates for various options where available.

13. This is a balanced option report based on several potential future options, however it is recommended that Council choose specific option(s) for the development of Business Cases.

History of 31 Laurel Avenue

14. The piece of land in question is located at 31 Laurel Avenue, Linden Park. The property is one of two which are part of a larger single parcel of land that includes Tregenza Oval, the adjacent car parking area, the small triangular reserve in front of 31 Laurel Avenue, and the made roads which runs across the reserve (refer Attachment A).

15. The land has been registered with entire ownership of the City of Burnside since approximately 1971, Certificate of Title Volume 5607 Folio 72 (Allotment 499 Section 293 Filed Plan 18753). It sits in the Residential Policy Area 21 Linden Park.

16. The entire allotment is approximately 26,710m2. The 31 Laurel Avenue site is 1,545m2. The triangular section to the south of the 31 Laurel Avenue site, bordered by the road, is approximately 1000m2.

17. The City of Burnside purchased most of the parcel (outlined in red in Figure 1, below), in two separate purchases from the Salvation Army in 1953 and 1961, with a stipulation that states, ‘The Purchaser is desirous of acquiring the said portion “D” as a park and recreation ground.’ Portion “D” covers the southern two-thirds of Tregenza Oval but does not include 31 Laurel Avenue or the triangular section of land.

18. There have been concerns by residents in the past that the triangular portion of land to the south of 31 Laurel Avenue was to be held by Council in trust and to remain in perpetuity as a rose garden. However, this did not form part of any agreement between the Salvation Army and City of Burnside. A rose society leased the reserve land for some years in the 1980s and 1990s, however this lease agreement expired and was not renewed.

19. 31 Laurel Avenue (outlined in purple in Figure 1, below) was purchased and sold to and from private residents (not the Salvation Army) in a piece-meal approach between 1947 and 1970, resulting in its unusual shape.

20. 31 Laurel Avenue has been used as a nursery since at least 1985, with a break of three to four years in the 1990s, before the service resumed. The nursery will be relocating to a new purpose-built facility at Conyngham Street, Glenside, in early 2020.

21. The site contains basic sheds and shade house structures and is fenced from the 13 properties which adjoin the site. It does not have sewer services connected. The site is land-locked, with no legal access.

48


22. The site contains approximately 20 small to medium sized trees, as well as one regulated Eucalyptus leucoxylon (SA Blue Gum), which is worthy of retention. A second tree, a Melaleuca styphelioides (Prickly Paper Bark) has a circumference over 3 metres, however is exempt from development control due to its species. There are also several regulated and significant trees located in neighbouring properties near the boundary which would need to be considered if the site is developed.

23. There are no visible signs of contamination at the site, however an independent environmental audit is required to certify this.

24. This Report covers 31 Laurel Avenue and excludes the triangular reserve in front of the site. However, further consideration could be given to the triangular portion of land for various uses, including as a community garden or an additional housing block.

Figure 1: Site Overview

Community Land

25. Under the Local Government Act 1999, Community Land is classified as follows:

‘All local government land (except roads) that is owned by a council or under a council’s care, control and management at the commencement of this section (the commencement date) is taken to have been classified as community land unless the council resolves to exclude the land from classification as community land within three

49


years after the commencement date; and the land is unaffected by provisions of a reservation, dedication, trust or other instrument that would prevent or restrict its alienation’.

26. Community Land is reserved for public access and use. Unless the Community Land classification is revoked, it cannot be sold; cannot be leased or licensed for more than 42 years; and must be managed according to guidelines in the Local Government Act 1999, requiring it to have a Management Plan.

27. 31 Laurel Avenue together with Tregenza Oval is classified as Community Land, falling under the above provisions, and is managed in accordance with a Community Land Management Plan (CLMP).

28. Dependent on the option pursued for Laurel Avenue, Community Land classification may need to be revoked (which will require a public consultation process), or, an existing CLMP will need to be revised, or, a new CLMP will need to be prepared and adopted.

29. A plan of division must be also lodged with the Lands Titles Office to divide 31 Laurel Avenue from the remainder of the site.

30. Any actions required in relation to community land status or land division for options would be examined as part of any business case analysis of those options.

Made Road

31. There are two made roads over the Community Land: one is an extension of Laurel Avenue, which joins Wemyss Street; the second is an extension of Tamarack Avenue, which joins Booth Avenue. These portions of land are physically configured and used by the public as roads, however form part of Allotment 499.

32. Although these made roads have existed since the 1950s, it should be considered they both be converted to public roads as defined in the Local Government Act 1999, regardless of which option for 31 Laurel Avenue is pursued, to mitigate potential risk management issues.

33. While the Road Traffic Act 1961 applies to an area open to or used by the public for driving of motor vehicles, converting these made roads to public roads would further clarify the purpose for which this land is held.

34. By doing so, Council may be able to mitigate any potential public liability claims that arise through the use or misuse of this land as road.

Open Space Provisions

35. The City of Burnside has approximately 4.35 hectares of open space per 1000 people, which is greater than neighbouring City of Unley, but less than Cities of Campbelltown, Mitcham, and Norwood, Payneham & St Peters.

36. The following table compares the City of Burnside’s open space per 1000 people to other metropolitan Adelaide councils:

Local Government Area

Total Open Space (hectare)

Estimated Population (2018)

Open Space per 1000 People

50

http://www6.austlii.edu.au/cgi-bin/viewdoc/au/legis/sa/consol_act/rta1961111/s5.html#motor_vehicle


Adelaide 990ha 25,183 39.31ha

City of Burnside 199ha 45,706 4.35ha

Campbelltown 396ha 51,469 7.69ha

Charles Sturt 403ha 117,382 3.43

Mitcham 548ha 67,253 8.15ha

Norwood Payneham & St Peters 180ha 36,750 4.90ha

Port Adelaide Enfield 411ha 126,120 3.26ha

Prospect 24ha 21,259 1.13ha

Unley 31ha 39,145 0.79ha

Walkerville 28ha 7,944 3.52ha

West Torrens 170ha 60,105 2.83ha

Total Wider Area (excluding City of Adelaide)

2,390ha 573,133 4.17ha

Average 239ha 57,313 4.01ha 37. The following table shows the approximate amount of public open space (including

Council reserves, parks and sportsgrounds; and excluding roads, footpaths, car parks and State Government open space) per suburb in the City of Burnside.

38. The average amount of open space for the City of Burnside is 6.94 per cent of total area. The suburb of Linden Park has 7.54 per cent open space, or 7.34 per cent if 31 Laurel Avenue is excluded.

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39. The Open Space Strategy is silent on whether Linden Park has enough open space or trees. However, St Georges and Glenunga (both adjacent to Linden Park) are identified as lacking in open space.

40. Removing 31 Laurel Avenue as accessible community land may have marginal impact on the residents in this vicinity in terms of open space provision, for the following reasons:

40.1. The site has not been accessible for many years due to the nursery operations;

40.2. The site is immediately adjacent to the large open space area of Tregenza Oval and surrounds; and

40.3. The area is in close walking proximity to Austral Park (400 metres), Miller Reserve (600 metres), Warrego Crescent Reserve (550 metres) and Wood Park (550 metres).

41. Council’s Open Space Strategy suggests that the following options could then be pursued following the relocation of the nursery operations to the Conyngham Street Deport:

41.1. Sell the land, with resources allocated to the nursery or open space; or

41.2. Use the site as overflow car parking, to assist Tregenza Oval.

Demographics

42. The 2016 Census of Population and Housing indicates that the current age profile of persons living in Linden Park-St Georges is as follows:

43. The graph above divides the population of Linden Park-St Georges into service age groups and age categories that reflect typical life-stages. They indicate the level of demand for services and facilities that target people at different stages in life and how that demand is changing.

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44. Current (2016) statistics reveal that overall 23.3 per cent of the current population of Linden Park-St Georges is aged 0 to 17 and 31 per cent are aged 60 years and over. This could imply that activities that cater for the 60-plus year olds would be welcomed on the site.

45. However, when looking at demographic trending data between 2011 and 2016 the largest changes in age structure are a significant increase in the following age groups: Parents and Homebuilders (35 to 49), Primary Schoolers (5 to 11) and Secondary Schoolers (12 to 17).

46. Reviewing this trending data allows assumptions to be made on the future population and age groups of an area. It is very likely that within approximately 5-10 years or more the largest age group in Linden Park-St Georges is likely to be the 0 to 17 year olds.

47. The difference in current and future demographics of the area demonstrates that opportunities will need to be provided for both older people and young people.

Options for the Site

48. Five overarching options have been considered in relation to the future of the Laurel Avenue site:

48.1. Option 1: retain and redevelop site for community-accessible use;

48.2. Option 2: retain and repurpose site for Council operational use;

48.3. Option 3: retain and Council redevelops site for residential purposes; and

48.4. Option 4: sell site (on open market or to surrounding residents).

Option 1: Retain and Redevelop Site for Community Accessible Use

49. There are several options for community-accessible use of the site. Depending on the choice, it may be necessary to change the site to a different Community Land Management Plan, as the Local Sports & Recreation Areas CLMP may not be suitable.

50. Community garden

50.1. This site meets most of the site selection criteria in the Community Gardens Policy, however it is not located near public transport and it is not near medium to high density living areas.

50.2. A community garden that is open to all members of the community to access at any hour is an option and would provide benefit to a wider number of people. However, the lack of passive surveillance at the site may cause safety issues.

50.3. A fenced and leased community garden may address such safety concerns. This model is followed by the Chapel Street Community Garden, where an incorporated community group develops, manages and operates the community garden, and only registered members can access the site.

50.4. It would need to be determined if there is enough community support and demand for a community garden in this location. In 2010 Council distributed fact sheets and questionnaires to determine support for a community garden

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within the Laurel Avenue Nursery / adjacent reserve area. This was distributed to over 280 properties in the area and to residents that had previously submitted interest in participating in a community garden. Of the 101 responses received, 52 per cent were interested in being involved in a community garden.

50.5. Given the engagement is nine years old, recanvassing interest and demand as part of any business case for this option would be recommended.

50.6. The site is similar in size to Council’s existing Chapel Street Community Garden at Magill, which has approximately 30 members at any time. That garden’s management group has deemed this to be a suitable number.

50.7. A community garden would provide some benefit to people who choose to be members, however would restrict access to the site to most of the community.

50.8. A community garden could cost in the range of approximately $90,000 to $130,000 to establish (after the site is cleared). Toilets are available 150 metres away at Tregenza Oval, however if it is decided that toilets are required at the site it is estimated to cost an additional $60,000 plus services and a sewer connection.

51. Sports / recreational facility

51.1. There are several possible sporting or recreational facilities that could be located at this site. For example, Council’s Sport and Recreation Strategy recognises a shortage of netball courts within the City of Burnside.

51.2. The Laurel Avenue site could fit one netball court, which would likely only deliver marginal benefit in addressing this shortfall.

51.3. This option of a sports court may not be supported by neighbouring residents due to the noise during games and training sessions, as well as the need for lights to allow for evening training sessions.

51.4. For an idea of costs, a single netball court for example, including laying a suitable surface, fencing, line marking and goal posts, is approximately $63,000. This does not include the cost of lighting.

52. Car park

52.1. The use of the site for car parking would ease parking issues generated by games and training sessions at Tregenza Oval. The Open Space Strategy lists car parking as an option for the site.

52.2. However, the Burnside (City) Development Plan lists a parking area as non-complying development in Residential Policy Area 21 – Linden Park, meaning a far more rigorous assessment process, concurrence requirements from the State Commission Assessment Panel, Category 3 public consultation and no appeal rights against a refusal.

52.3. If the surface was to be left as natural dirt or grass, minimal costs are involved, apart from signage, protection around the regulated SA Blue Gum tree, possibly fencing, and buffer native vegetation plantings. Surfacing the entire site could cost from around $30,000 (asphalt) to $300,000 (permeable

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paving), however it is not expected that the entire site would need to be covered.

53. Park

53.1. The site could be used as a small park, which could consist of soft and hard landscaping, a basketball hoop, a small playground or a BBQ, amongst many options.

53.2. This site is twice the size of Albert Street Reserve (Dulwich), but less than half the size of Warrego Crescent Reserve (Linden Park), both of which have playgrounds.

53.3. There are potential safety concerns for the use of this site as a park due to a lack of passive surveillance. The noise generated by this use may also create concern for existing neighbours.

53.4. The cost can vary depending on what is proposed for the site, however may cost up to $350,000 for a play space and surrounding landscaping.

54. Tree grove

54.1. There is an option to plant the site with various types of trees, in particular native trees, to increase the canopy cover in the area. This would leave the site open to members of the community to walk through, like the Davenport Olive Reserve.

54.2. There are potential safety issues due to the lack of passive surveillance. In addition, the site has only one entry / exit point, which means it may not be as inviting for people to walk through compared to other reserves with multiple paths and access points. Community access may therefore be limited.

55. In any plan, crime prevention through environmental design (CPTED) principles would need due consideration.

Option 2: Retain and Repurpose Site for Council Operational Use

56. With the construction of the redeveloped Depot site at Conyngham Street, there is minimal need for 31 Laurel Avenue to be utilised for operational purposes under current service levels.

57. If service levels change in the future, there is a potential use of the site for storage of materials and plant, as an additional nursery, or other purposes which have not yet been identified.

58. An alternative concept is to construct a solar panel farm to harvest energy. This energy could be used to offset some of Council’s power consumption, by feeding power into the electricity grid.

59. A formal assessment on the site regarding shading has not been carried out. However, there is the potential that some vegetation changes would be required for a solar farm to operate at its full potential.

60. Depending on use, Development Approval assessed on merit and subject to Category 3 public consultation) or an EPA licence application may be required.

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Option 3: Retain and Council Redevelops Site for Residential Purposes

61. It has been identified by the City Development and Safety team that the site may be deemed suitable for residential development due to its size and zoning.

62. Under the Burnside (City) Development Plan, the land sits within the Residential Zone (Residential Policy Area 21 – Linden Park), which permits residential development on sites of a minimum size of 400m2. In accordance with this, the site could accommodate between one to three properties.

63. Council could pursue the development of housing on the site for rent or sale, giving Council greater control over the type of development compared to selling the site outright.

64. Council could also pursue the development of retirement units for people aged over 65 years, however it is less clear what form and scale such development would assume, given the subjective nature of the relevant provisions of the Development Plan. Such development would likely be assessed on merit and subject to Category 2 or 3 public consultation.

65. As part of any Council development, an option could be considered to make the site a sustainable residential development demonstration site. This option would provide an income to Council either through rental income or through the sale of the units, as well as possible rate revenue. A full cost-benefit analysis is required before proceeding further with this option.

66. Retirement units could suit the area due to the high number of people aged 60 years and older currently in the area, as well as the nearby access to open space at Tregenza Oval and surrounds. Retirement units are also likely to be a quiet option for the site, causing little disturbance to surrounding neighbours.

Option 4: Sell Site (on open market or to surrounding residents)

67. As with Option 3, it has been identified by the City Development and Safety team that the site may be deemed suitable for residential development due to its size and zoning.

68. This option allows Council to sell it as either a single property, or to subdivide it and sell it as two or three properties. Due to the irregular shape and limited access arrangements, multiple dwellings on the site would likely cause it to be a Community Title arrangement with a shared driveway.

69. The zoning allows for two-storey development in a wide variety of styles, provided the development complements the scale, bulk, siting and positive elements of existing dwellings where a distinctive and attractive streetscape character exists.

70. A Development Application would likely be assessed on merit and subjected to Category 2 or 3 public consultation.

71. The site is land-locked with no legal access. Prior to sale of the property, additional land will need to be provided as driveway access, or a right of way will need to be provided across the triangular section of Council land to Laurel Avenue. There are a range of options and configurations for this access.

72. The site can be sold with or without a Land Management Agreement (LMA). A LMA would allow Council to develop conditions on the property under the Development Act

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1993 (section 57(2)), in relation to the development, management, preservation or conservation of land.

73. An alternative option to selling the site on the open market is to provide an opportunity for the 13 surrounding properties to purchase a portion of the site, which would extend their property size by varying amounts, depending on the number and location of interested parties. This option would increase the size of land for interested residents, at a cost. The success of this option will depend on the number and position of the properties who are interested in purchasing additional land.

74. In other areas of Council, small sections of Council land have been sold to adjoining neighbours in the past, either to straighten boundaries, or when residents wish to purchase a section of land which is not required by Council for any other purpose. This option is expected to provide a benefit to surrounding residents as housing is generally a quiet use of land.

75. Providing a small strip of the triangular section of Council land as a driveway would leave a small portion of land which could be used for an open community garden, like verge gardens in other Councils. An additional housing block may also be possible on this section.

76. Selling the site, either on the open market or to surrounding properties, would provide Council with a revenue stream by way of sale proceeds and ongoing rate revenue. The Open Space Strategy supports the sale of the land and recommends that the proceeds be allocated to the nursery or the Open Space fund.

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High Level Analysis of Options

77. The following table provides a summary of costs, pros, cons and strategic alignment for each option:

Costs Pros Cons Strategic Alignment Option 1 (community use)

• Clearing site. • Building infrastructure for

new use.

• Depends on use. • Some potential uses have

strong strategic alignment.

• All residents have potential to benefit – but likely those living in immediately adjacent streets.

• Depends on use. • Some uses will be

exclusive to members only, so will effectively reduce public open space.

• Safety risks due to lack of passive surveillance.

• Due to the immediate proximity to Tregenza Oval, some community uses will have marginal additional benefit.

Strategic Community Plan: • Sustainable, engaging, healthy and

functional public spaces and streetscapes. • High quality sport and recreational

opportunities and facilities that foster healthy lifestyles.

Connected Communities Strategy: • Recreational facilities and services for our

youth. • Provision of both active and passive

recreational opportunities. • Creation and activation of community

spaces. • Place-making and development of

enduring relationships.

Open Space Strategy: • Consider relocating Council’s nursery and

using this land for overflow car parking.

Option 2 (operational use)

• Clearing site. • Installation of solar

panels.

• Clean electricity generation.

• No public access to site. • Vandalism risk due to

lack of passive surveillance

Strategic Community Plan: • Sustainable use of natural resources and

minimisation of waste to address climate change.

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Costs Pros Cons Strategic Alignment Option 3 (Retain and Council redevelops for housing)

• Clearing site. • Preparing and lodging

plan of division with Lands Title Office.

• Costs to redevelop site into housing.

• Ongoing maintenance and service costs if properties held for rental.

• Council has more say on development of site.

• Quiet use of site cause minimal disruption to surrounding residents.

• Proceeds from sale or rental income above costs can be put towards future community projects / Open Space Fund / pay down debt.

• Reduce Council-held open space.

Strategic Community Plan: • A range of housing that meets the varying

needs of the community. • A safe community that values and

supports its people. • A financially sound Council that is

accountable, responsible and sustainable.

Connected Communities Strategy: • The Future role of Council in aged care

services.

Open Space Strategy: • If the nursery is relocated, the land could

then be sold, and resources allocated to the nursery or open space.

Option 4 (Sell site)

• Clearing site. • Preparing and lodging

plan of division with Lands Title Office.

• Costs associated with selling site.

• Quiet use of site cause minimal disruption to surrounding residents.

• Surrounding residents will benefit from increased property size (if desired).

• Proceeds from sale can be put towards future community projects / Open Space Fund / pay down debt.

• Reduce Council-held open space.

Strategic Community Plan: • A range of housing that meets the varying

needs of the community. • A safe community that values and

supports its people. • A financially sound Council that is

accountable, responsible and sustainable.

Open Space Strategy: • If the nursery is relocated, the land could

then be sold, and resources allocated to the nursery or open space.

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78. The following table provides a comparison of the options in terms of cost, safety, environmental, community access, and residential impact:

Options Cost Revenue Foregone Safety Environmental Community Use

/ Access Resident

Impact / Noise Option 1a (restricted community garden)

Limited to garden members

Option 1b (open community garden)

Option 1c (sporting facilities)

Option 1d (car park)

Option 1e (park / tree grove)

Option 2 (operational use) Depends on use Depends on use Depends on use

Option 3 (Council redevelops for housing)

Rating could

change if proceeds were

invested in other community land

or facilities

Option 4 (sell site)

Positive impact Average impact Negative impact

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Hybrid Options

79. In addition to the distinct options listed, it is possible that a hybrid alternative could be pursued, consisting of two or more of the options. Under this approach, it may be possible to sell a portion of the site to fund the re-purposing of the remainder of the site.

Triangular Portion of Land

80. This Report covers 31 Laurel Avenue and excludes the triangular reserve in front of the site. However, further consideration could be given to the triangular portion of land for various uses, including as a community garden or an additional housing block.

81. Some of this land is currently used for parking by nursery staff and volunteers, as well as for overflow parking from Tregenza Oval’s sporting events. Depending on which option is pursued, there would be varying amounts of this triangular portion available for community use.

82. Options for this portion of land include a small open community garden with raised garden beds, a formal garden, additional tree plantings, car parking, or possibly an additional housing allotment. Some of the land would be required for driveway access to 31 Laurel Avenue, should the site be turned into residential development.

Made Road to Public Road

83. To mitigate risk management issues, consideration should be given to converting both existing made roads over the reserve (Laurel Avenue and Tamarack Avenue) into public roads. To achieve this, the made roads will require the current Community Land classification over this portion of the subject land to be revoked.

84. At this point in time, Council may lodge a Filed Plan with the Land Titles Office and then declare the subject land as public road under section 208 of the Local Government Act 1999, including giving public notice of the declaration in the Government Gazette. Alternatively, it may be possible to achieve the same result through lodging a plan of division with the Lands Titles Office. Recommendations and proposed steps in relation to the made roads can be included as part of any future business case on specific options.

Financial Considerations

85. Independent land valuations prepared in 2016 and May 2019 determined that the market value of the Laurel Avenue site is more than $1 million (GST- exclusive). The valuation varies depending on the assumed “highest and best use” of the site, and specifically the number of allotments.

86. The valuations assume that the site will be vacant of all sheds and shade houses if sold. Demolition costs of sheds and other structures have been estimated at $10,000 to $15,000, on the basis that no hazardous building materials are present.

87. It is expected that development of community accessible uses could range in cost from minimal (for basic car parking) to $350,000 (for a park with a playground).

88. If the site is sold for development, potential uses for the proceeds from the sale may include:

88.1. Open Space fund;

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88.2. Contribute towards a future community facility; or

88.3. Reduce Council debt.

Business Case on Council’s Preferred Option(s)

89. This report presents a high level and balanced analysis of potential options for the site. To proceed further it is recommended that a full business case analysis be undertaken on specific options.

90. If Option 1 or 2 (Community or Operational Use) are selected for detailed analysis, it is also recommended that Council select one to three potential uses within these options (e.g. community garden, tree grove, solar farm, sports court, etc.).

91. A Council Report will then be presented outlining the business case comparisons and any actions required in relation to community land status, land division, made road status, and community consultation for further consideration.

Conclusion

92. The current nursery operations at 31 Laurel Avenue will relocate to Conyngham Street in early 2020. As a result, the Laurel Avenue site will become vacant.

93. 31 Laurel Avenue forms part of a larger parcel of land, which include Tregenza Oval, car parking, a triangular section of land, and two made roads.

94. 31 Laurel Avenue was purchased in pieces between 1947 and 1970, and there are no stipulations on the land use, apart from its current Community Land classification and Burnside (City) Development Plan zoning.

95. Four overarching options have been established for the future use of the site:

95.1. Retain and redevelop site for community-accessible use;

95.2. Retain and repurpose site for Council operational use;

95.3. Retain and Council redevelops site for residential purposes; and

95.4. Sell the site on open market or to surrounding resident.

96. It is recommended that Council select specific options to progress for developing an independent and comprehensive comparative business case and detailed costings.

97. If Option 1 or 2 (community or operational use) are selected for detailed analysis, it is recommended that Council select 1 to 3 potential uses within these options for detailed business case analyses.

98. A subsequent Report will then be prepared with business case comparisons and presented for Council consideration. Any actions required in relation to community land status, consultation or land division would be examined as part of any business case analysis of those options.

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31 Laurel Avenue - Site Plan

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31 Laurel Avenue - Site Plan

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31 Laurel Avenue - Photos

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31 Laurel Avenue - Photos

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ATTACHMENT B

1. Operation Services Committee 17 June 2008: Council Nursery Upgrade O2468: 1. That the Report be received.

2. That $68,000 remains in the Draft 2008/09 Annual Business Plan to upgrade facilities within the Burnside Nursery for Council’s consideration on the understanding that no upgrading of the Nursery should take place until the Open Space Strategy is endorsed by Council and a decision made to either upgrade the existing site or to relocate the facility.

2. Operation Services Committee 20 October 2009: Conservation and Land Management Nursery – Service Review O2571: 1. That the Report be received.

2. That Council endorses the Draft Conservation and Land Management Nursery Service Review (October 2009).

3. That Council continue with the operation of a specialist Nursery as it aligns strongly with the conservation and land management objectives of the Council’s Strategic Plan and Biodiversity Strategy.

4. That the Conservation and Land Management Nursery continue to be located at the current Laurel Avenue site, however any upgrade to this site be deferred until Council has decided on the future of 6 Conyngham Street, Glenside.

5. That additional funding of $6,000 for the hire of a transportable office and toilet facility be considered at the December 2009 quarterly budget review.

6. That subject to the additional funding being made available at the December 2009 quarterly budget review, Council hires a transportable office and toilet facility to be located at the Conservation and Land Management Nursery, Laurel Avenue site.

7. That Council pursue opportunities for the Nursery to expand its services and provide further benefits to the community, such as: through education programs for schools and the general public; enhanced volunteer programs; providing plants to Burnside residents; and also opportunities for the Conservation and Land Management Team to work more closely with the general Parks and Gardens field officers.

3. Strategic Planning and Environment 27 January 2010 adjourned to 3 February 2010: Community Gardens S7313: 1. That the Report be received.

2. That Council endorses and adopts the draft Community Gardens Policy.

3. That Council endorses in principle the development of a Community Garden at the Conservation and Land Management Nursery and adjoining reserve at Linden Park.

4. That Council undertakes consultation of the proposal to develop a Community Garden at the Conservation and Land Management Nursery and adjoining reserve at Linden Park in accordance with the City of Burnside’s Community Consultation Policy.

5. That Council considers budget in the 2010/11 Business Plan to develop a Community Garden at the Conservation and Land Management Nursery and adjoining reserve at Linden Park.

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6. That Council canvases the Department for Health to include a Community Garden in Precinct 1 of the Glenside Hospital Redevelopment.

4. Operation Services Committee 16 March 2010: Community Wood Fire Oven O2600: 1. That the Report be received.

2. The Council consider incorporating a community Wood Fired Oven as part of the design for the Community Garden to be located at Council’s Conservation and Land Management Nursery, Linden Park (subject to consultation and funding) or an alternative appropriate location.

3. That funding for the Community Oven be included in the Draft 2010/2011 Budget for consideration.

4. That a grant be sought from the SA Government and/or contributions from various service clubs to assist with the purchase.

5. Strategic Planning and Environment Committee 20 July 2010: Linden Park Community Garden S7241: 1. That the report be received.

2. That consistent with the adopted 2010/11 budget council administration proceeds with the construction of the community garden, upgrade to the Conservation and Land Management Nursery, construction of the shared amenities and facilities and the wood fire oven at the earliest possible date in accordance with the ‘Wax Design’ plan in Attachment A.

6. Council Meeting 17 August 2010 adjourned to 24 August 2010: Community Garden Linden Park (Motion on Notice) C7985: 1. That a Report be brought back to Council on resident attitudes of those residents living in the

vicinity of the proposed Linden Park Community Garden to the planned 6 ft high chain link fence surrounding the garden prior to the commencement of any work on the garden.

7. Council Meeting 21 September 2010: Naming of Community Garden (Motion on Notice) C8004: 1. That Council proposes that the Community Garden, to be located a Linden Park, be named

the 'Peter Bennett Organic Community Garden'. That consultation take place in accordance with the Council's Naming of Roads and Public Reserves Policy.

8. Planning, Heritage and Infrastructure Committee 22 March 2011 Chapel Street Community Garden PHI0019: 1. That the Report be received.

2. That the Administration undertake community consultation (Level 2) in relation to the potential inclusion and development of a Community Garden (proposal submitted by the Morialta

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Community Centre) within the Council owned land referred to as the Chapel Street Reserve, Magill.

3. That a further Report be presented to Council on the results of the community consultation.

4. That Council considers allocating $80,000 towards the construction of a Community Garden in Chapel Street Reserve, Magill in the 2011/12 Annual Business Plan (Discretionary Capital).

9. Planning, Heritage and Infrastructure Committee 22 March 2011: Conyngham Street Depot PHI0023: 1. That the Report be received.

2. That up to date costings for remediating the site be presented along with a detailed Plan on when this will take place and when it will be finished.

3. That a Report on Options 2c and 2e be presented to the Planning, Heritage and Infrastructure Committee including up to date costings, a Plan and timeframes.

4. That the current work at the Laurel Avenue Nursery and Community Garden be put on hold pending the Report to the Committee.

10. Planning, Heritage and Infrastructure Committee 28 June 2011: Chapel Street Community Garden – Results of Consultation PHI0046: 1. That the Report be received.

2. That Council endorses the development a Community Garden at Chapel Street Reserve.

3. That Council considers allocating $80,000 towards the construction of a Community Garden in Chapel Street Reserve, Magill in the draft 2011/12 Annual Business Plan.

4. That Council writes to all respondents thanking them for their participation in the consultation process including a copy of the Council resolution related to this Report.

5. That Council write to the Morialta Community Centre Community Garden Committee thanking them for their initiative in developing the concept to construct a Community Garden at Chapel Street Reserve and to provide the group, subject to funding in the draft 2011/12 Annual Business Plan, with in kind and financial assistance in further developing the Community Garden.

11. Council Meeting 22 August 2017: Petition C11350: 1. That the Petition be received.

2. That Council Administration correspond with the head petitioner and advise of the outcomes of the Nursery Review Report item being discussed at the Council meeting of 22 August 2017, noting that the scope of this report refers to service provision as opposed to specific locations; the latter of which will be managed through a separate report from the Administration in due course.

12. Council Meeting 22 August 2017: Petition

C11351: 1. That the Petition be received.

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2. That Council Administration correspond with the head petitioner and advise of the outcomes of the Nursery Review Report item being discussed at the Council meeting of 22 August 2017, noting that the scope of this report refers to service provision as opposed to specific locations; the latter of which will be managed through a separate report from the Administration in due course.

13. Council Meeting 22 August 2017: Biodiversity Conservation Nursery Service Review

C11358: 1. That the Report be received.

2. That Council continue to provide the in-house nursery service, with a view to exploring an avenue for providing more suitable, contemporary facilities that are fit for purpose and able to accommodate both staff and volunteer programs, in order to continue delivering on Council’s Environment and Biodiversity Strategy 2014-2019.

3. That Administration provide a report through Info Docs detailing the urban biodiversity sites throughout the City of Burnside, their area and if possible their estimated share of the $160K cost of annual maintenance.

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1

Item No: 13.5 To: Council Date: 23 July 2019 Author: Belinda Portelli – A/Group Manager Community Connections General Manager and Division:

Michelle Kennedy – A/General Manager Urban and Community

Subject: CODE OF CONDUCT FOR VOLUNTEERS AND VOLUNTEER POLICY REVIEW

Attachments: A. Amended Code of Conduct for Volunteers (Track Changes) B. Amended Code of Conduct for Volunteers (Accepted Track Changes) C. Amended Volunteer Policy (Track Changes) D. Amended Volunteer Policy (Accepted Track Changes)

Prev. Resolution: C10164, 12/5/15 C11279, 11/7/17



2. That Council adopt the revised Code of Conduct for Volunteers.

3. That Council adopt the revised Volunteer Policy.

Purpose

1. To provide Council with a revised Code of Conduct for Volunteers and a revised Volunteer Policy for adoption.

Strategic Plan

2. The following Strategic Plan provisions are considered relevant:

“Delivery of good governance in Council business.”

“A safe community that values and supports its people.”

Connected Communities Strategy 2017-2021 priorities;

• Increasing opportunities for community and cultural participation;

• Provision of both active and passive recreational opportunities;



3.1. discussions and consultation with Council’s Volunteer Program Coordinator and WHS and Risk Management Coordinator;

3.2. donsultation with Council’s Leadership Team; and

3.3. the draft Volunteer Policy and draft Code of Conduct for Volunteers were

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2

provided to Elected Members for feedback.

Statutory


Age Discrimination Act 2004


Independent Commissioner Against Corruption Act 2012

Disability Discrimination Act 1992

Volunteer Protection Act 2001

Equal Opportunity Act 1984

Work Health and Safety Act 2012

Children and Young People (Safety) Act 2017

Child Safety (Prohibited Person) Act 2016

Policy

5. The following Council Policies are relevant in this instance:

Background Check Protocol

Equal Opportunity and Diversity Protocol

Code of Conduct for Volunteers

Grievance Resolution Protocol

Performance Management and Misconduct Protocol

Volunteer Policy

Work Health Safety & Return to Work Policy

Risk Assessment

6. There are no risks associated with the recommendation.


7. At the time of writing this report the CEO’s Performance Indicators for the 2019-20 financial year have not been set.

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3

Finance

8. There are no financial implications for the City of Burnside in respect to the recommendation.

Discussion

Background

9. Council policies are generally reviewed every two years, in line with Council’s Policies and Protocols Framework. In line with this, Council’s Volunteer Policy and Code of Conduct for Volunteers has become due for periodic review.

10. The Code of Conduct for Volunteers was created as part of the Volunteer Policy review in May 2015 using the Local Government Association’s model policy.

11. The Code of Conduct for Volunteers helps to define expectations of and for volunteers, in keeping with legal requirements and ethical values of excellence, integrity, respect, collaboration, inclusiveness, and responsibility. The Code of Conduct for Volunteers is based on a model from the Local Government Association of SA (LGASA) and is utilised by most Councils.

12. The Volunteer Policy ensures that volunteers are protected in the workplace and recognises the value volunteers provide in terms of the time, energy and skills they give to the City of Burnside volunteer program. The document establishes a professional framework around processes involving volunteers to guarantee that the volunteer program is managed in an effective and efficient manner in accordance with National Standards for Involving Volunteers (Volunteering Australia 2001).The Administration investigated combining both the Policy and the Code of Conduct for Volunteers into one document. However, given each of their purposes do differ it is believed beneficial to keep them separate.

Summary of Amendments

13. Clean and ‘track changes’ versions of the revised Code of Conduct for Volunteers and the Volunteer Policy have been included as Attachments A through to D.

14. The main changes proposed to both the Code of Conduct and the Policy are in regard to strengthening legal requirements around Work Health and Safety and mandatory background checking.

15. Duplications between the Policy and the Code of Conduct have also been removed.

Conclusion

16. The Volunteer Policy and Code of Conduct for Volunteers have been reviewed by the Administration, in line with Council’s Policies and Protocols Framework.

17. There are no significant changes to the Code of Conduct for Volunteers or the Volunteer Policy.

18. It is recommended that the revised Policy and revised Code of Conduct be adopted by Council.

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Code of Conduct for Volunteers Classification: Council Policy

Policy Name: Code of Conduct for Volunteers First Issued / Approved: 12 May 2015 (C10164)

Last Reviewed: 11 July 2017, C11279 Next Review: July 2019 July 2021

ECM tracking number: 2347541

Responsible Officer: General Manager Corporate Services Urban and Community Services

Relevant Legislation: Local Government Act 1999; Independent Commissioner Against Corruption Act 2012 (SA) (ICAC Act); Work Health and Safety Act 2012 (SA) (WHS Act); Volunteering Australia National Standards for Involving Volunteers in Not for Profit Organisations (2001) Volunteer Protection Act (2001) Children and Young People (Safety) Act 2017 Child Safety (Prohibited Person) Act 2016 Equal Opportunity Act 1984 Sex Discrimination Act 1984 Racial Discrimination Act 1975 Age Discrimination Act 2004 Workplace Gender Equality Act 2012 Disability Discrimination Act 1992

Related Policies: Volunteers Policy Performance Management and Misconduct Protocol Grievance Resolution Protocol Background Check Protocol Equal Opportunity and Diversity Protocol Media Policy Complaint Handling Policy Model Code of Conduct for Volunteers, LGA (SA) Volunteering Australia National Standards for Involving Volunteers in Not for Profit Organisations 2001 Work Health Safety and Return to Work Policy

PREAMBLE 1. BACKGROUND

1.1 Volunteers, like paid employees are a public face of the Council they represent and even though they give their time freely, they are still a part of the overall structure of the Council they work within.

1.2 Rights and responsibilities set the standards of a volunteer program within any Council and assist both the Council and each volunteer to abide by the philosophy and ethos of the Council.

1.3 The Council has a significant commitment to its volunteers and has substantial responsibilities towards them including recognising the National Standards for

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City of Burnside Policy Manual Page 2

Involving Volunteers in Not for Profit Organisations. Volunteers also have rights which are contained in legislation.

1.4 Volunteers have the same level of responsibility as the paid workforce with regard to their behaviour and activities while carrying out their duties for the Council. While at work, volunteers must take reasonable care for their own health and safety, the health and safety of others and comply, so far as they are reasonably able, with any reasonable instruction given by their supervisor.

1.5 Volunteering is work which is: 1.5.1 Of benefit to the community; 1.5.2 Done of one’s own free will; and 1.5.3 Done without monetary reward.

1.6 Volunteers play an integral role within society in general by initiating and enhancing the services provided by employed staff, without being a substitute for paid work.

2. PURPOSE 2.1 This document sets out the standard of conduct expected of all volunteers

registered with the Council.

3. SCOPE 3.1 The standards outlined in this document relate to all volunteers registered with

the Council and are in addition to any statutory requirements of the Local Government Act.

4. DEFINITIONS

4.1 Volunteer means a person who willingly provides unpaid help in the form of time, service or skills through the Council's volunteer program.

5. REFERENCES

5.1 Local Government Act 1999 (SA);

5.2 Independent Commissioner Against Corruption Act 2012 (SA) (ICAC Act);

5.3 Work Health and Safety Act 2012 (SA) (WHS Act);

5.4 Volunteering Australia National Standards for Involving Volunteers in Not for Profit Organisations (2001);

5.5 Volunteer Protection Act (2001); and

5.6 COVERING ALL BASES: An information guide for managing Volunteers in Local Government, Local Government Association Mutual Liability Scheme.

CODE OF CONDUCT

6.5. GENERAL DUTY OF VOLUNTEERS

6.15.1 In addition to all legislative requirements and any specific directions or guidance provided by the Council, volunteers should recognise the requirements of this Code of Conduct as the standards to be adopted in the performance of their role.

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7.6. PRINCIPLES OF THIS CODE OF CONDUCT

There are three broad principles that underpin the ethics and standards of conduct of volunteers engaged in Local Government:

7.16.1 Integrity; 7.26.2 Respect; and 7.36.3 Accountability.

8.7. INTEGRITY

8.17.1 Volunteers must act in a fair, honest and proper manner according to the law when carrying out their roles. This includes but is not limited to: 8.1.17.1.1 Behaving in a reasonable, just and non discriminatory way; 8.1.27.1.2 Acting in good faith and not for improper or ulterior motives; 8.1.37.1.3 Adhering to the guidelines that relate to the acceptance of gifts

and gratuities; and 8.1.47.1.4 Being able to formally identify themselves as a registered

Council volunteer at all times. 8.27.2 Volunteers must act with reasonable care and be diligent in the performance

of their role, ensuring they: 8.2.17.2.1 Carry out lawful policies, instructions and decisions of their

designated supervisor in a respectful manner; and 8.2.27.2.2 In so far as is reasonably practical, based on individual

experience and training, be aware of the effectiveness and efficiency of the activities and services for which they are responsible.

8.37.3 Volunteers must guard against a conflict of interest by: 8.3.17.3.1 Abiding by Council guidelines and policies regarding receiving

gifts, benefits or reimbursements; 8.3.27.3.2 Ensuring that personal interest does not improperly influence

the way in which they carry out their duties; and 8.3.37.3.3 Declaring any known conflict of interest and not participating in

any decision making process where they have a conflict of interest. 9.8. RESPECT

9.18.1 Volunteers must be fair honest and transparent in their dealings with individuals and organisations and behave in a manner that facilitates constructive communication between the Council, its staff, other volunteers and the community.

9.28.2 This means volunteers will: 9.2.18.2.1 Be honest and fair with all members of the community; 9.2.28.2.2 Demonstrate courteous and sensitive behaviour that does not

discriminate against people; 9.2.38.2.3 Be aware of and disclose any situation that may create conflict

between their voluntary roles and their personal interests; 9.2.48.2.4 Guard against the misuse of a volunteer's position to gain an

advantage for themselves or others; 9.2.58.2.5 Be punctual and reliable; and

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9.2.68.2.6 Advise the designated supervisor in a timely manner if unable to perform the designated role for any reason.

9.38.3 If representing the Council in the community, volunteers will: 9.3.18.3.1 Provide an accurate and fair representation of Council

decisions; 9.3.28.3.2 Abide by the Council media policy; 9.3.38.3.3 Conduct themselves in a manner that will not reflect

unfavourably on the Council; 9.3.48.3.4 Only make public comment in relation to their duties when

specifically authorised to do so, and restrict such comment to factual information and professional advice; and

9.3.58.3.5 Dress appropriately and to the safety standard for their role. 9.48.4 Volunteers will seek to achieve a team approach in an environment of mutual

respect, trust and acceptance of their different roles in achieving the Council's objectives by: 9.4.18.4.1 Seeking to develop a relationship with fellow volunteers and

staff that is cooperative, productive and constructive and based on mutual trust and respect;

9.4.28.4.2 Conducting the relationship with courtesy and respect; 9.4.38.4.3 Acknowledging the value of diversity and the right of all points

of view to be heard and considered; and 9.4.48.4.4 Contributing to a working environment that is free from

harassment or bullying. 10.9. ACCOUNTABILITY

10.19.1 Volunteers understand that: 10.1.19.1.1 Information obtained by a volunteer as a result of his or her role

is not to be wilfully disclosed for any purpose that may result in an adverse impact on the Council;

10.1.29.1.2 Volunteers will not make comments to the media unless authorised by the CEO or appropriate delegate as outlined in the Media Policy;

10.1.39.1.3 They must respect and maintain the confidentiality of information that volunteers have as a result of their role at the Council (not being information that is generally available to the public) and acknowledge this obligation extends beyond the term of their engagement; and

10.1.49.1.4 Upon leaving the Council, they have no right to any information contained in the Councils e-mail or network file systems.

10.29.2 Volunteers must use Council resources in a proper and responsible way by: 10.2.19.2.1 Being mindful of the way in which resources are deployed; 10.2.29.2.2 Giving consideration to budget provisions and guarding against

wasteful practices; 10.2.39.2.3 Ensuring that resources are used in the community's interest;

and

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10.2.49.2.4 Avoiding the wilful damage of Council property including information technology systems.

11.10. COMPLIANCE WITH THIS CODE OF CONDUCT

11.110.1 Volunteers are personally responsible for ensuring their compliance with this Code of Conduct.

11.210.2 Council staff supervising volunteers are responsible for monitoring volunteer compliance with this Code of Conduct.

11.310.3 Questions of compliance raised by other volunteers, staff, Council Members and members of the community regarding this Code will be considered by the Chief Executive Officer or their nominee, in accordance with the Council's complaints handling process.

11.410.4 Volunteers are entitled to representation in the consideration of an allegation of non-compliance against them and investigation and management of the matter will have regard to the principles of fairness, equity and natural justice as guided by Council’s Performance Management and Misconduct Protocol.

11.510.5 Volunteers may be public officers for the purposes of the ICAC Act. Conduct which breaches this Code may be misconduct under the ICAC Act.

11.610.6 Investigations undertaken by the Council regarding compliance with this Code of Conduct will be kept confidential except where there is a legislative requirement to report information relating to the investigation.

11.710.7 As outlined in Council’s Performance Management and Misconduct Protocol, tThe consequences of breaching the Code may result in a verbal or written warning, suspension, or termination of volunteer engagement. If a volunteer is found to have committed serious misconduct it may result in ‘termination effective immediately’.

12.11. TRAINING

12.111.1 Council is committed to providing information and training to its volunteers to ensure that they understand the requirements of this Code of Conduct.

RIGHTS AND RESPONSIBILITIES

13.12. VOLUNTEERS HAVE THE RIGHT TO:

13.112.1 Be treated fairly and respectfully and as an important member of the team;

13.212.2 Be recruited in accordance with equal opportunity and anti-discrimination legislation;

13.312.3 Be given accurate and truthful information about the volunteer program;

13.412.4 Work in a healthy and safe environment in accordance with the Work Health and Safety Act;

13.512.5 Appropriate personal accident insurance coverage; 13.612.6 Be given or have access to any Council policy, protocol or procedure

that affects their roles; 13.712.7 Have a current written role or position description and agreed hours of

contribution;

Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm

Formatted: Indent: Left: 1.27 cm

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13.812.8 Be provided with training relevant to their assigned or agreed roles, or as legislated;

13.912.9 Have their confidential and personal information dealt with in accordance with the principles of Council's policies and procedures;

13.1012.10 Be provided with appropriate training, supervision and support to carry out their roles;

13.1112.11 Not to fill a position previously held by a paid worker; and 13.1212.12 To decline or withdraw from their volunteer role at any time.

14.13. VOLUNTEERS HAVE A RESPONSIBILITY TO:

14.113.1 Become familiar Familiarise themselves with and work within Councils policies, protocols and procedures including all relevant Work Health Safety policies, procedures and risk assessments;

14.213.2 Provide current personal details to Council in order for Council to undertake the selection and registration of volunteers and administer their duty of care responsibilities;

14.313.3 Accept any reasonable direction and supervision from appropriate Council paid staff and supervising volunteers;

14.413.4 Be reliable and accountable for their actions; 14.513.5 Respect and maintain confidentiality; 14.613.6 Carry out the role according to the role description; 14.713.7 Agree to follow all reasonable instructions aimed at ensuring work in is

completed in a safe manner and so as not put to endanger the safety or health of any other workers or members of the public; others at risk;

14.813.8 Be committed to the Council and its volunteer philosophy; 14.913.9 Undertake training as required by the Council; 14.1013.10 Attend team meetings and performance reviews as required by

Council; 14.1113.11 Give reasonable notice before leaving the Council's volunteer

program; 14.1213.12 Value and support other team members; 14.1313.13 Have respect for the environment, Council premises and equipment;

and 14.1413.14 Comply with the requirements of this document.Give consent to

Council to undertake relevant checks and clearances.

15.14. COUNCIL HAS A RIGHT TO:

15.114.1 Retain the personal information of volunteers in line with best practice standards;

15.214.2 Make decisions about the placement of volunteers; 15.314.3 Review volunteer performance according to Council policies, protocols

and procedures; 15.414.4 Expect volunteers to perform given tasks to the best of their ability; 15.514.5 Expect from all volunteers respect and courtesy towards clients, paid

and voluntary staff and other stakeholders;

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15.614.6 Establish the parameters and guidelines of volunteer roles; and 15.714.7 Refuse a volunteer placement or to end a placement if:

15.7.114.7.1 There is a perceived unmanageable risk to the customers’ or volunteers health or welfare;

15.7.214.7.2 Suitable volunteer duties are not available or no longer available;

15.7.314.7.3 The volunteer does not comply with Council policy, protocol and procedures, including this Code;

15.7.414.7.4 The volunteer does not comply with the role or position statement; or

15.7.514.7.5 The volunteer is not able to be covered by the Councils personal accident insurance or other relevant insurance.

16.15. COUNCIL HAS A RESPONSIBILITY TO:

16.115.1 Approve any reasonably practicable budgetary expenditure necessary for the effective and efficient management of volunteers;

16.215.2 Implement a volunteer management system that meets the best practice management of volunteers and meets audit and legislative requirements;

16.315.3 Ensure the staff supervising volunteers have the skills and capacity to do so effectively;

16.415.4 Retain volunteer personal information in a secure and safe system to ensure volunteer privacy;

16.515.5 Provide any necessary training and information to volunteers or staff with the responsibility for managing volunteers;

16.615.6 Set clear lines of communication about complaints and conflict resolution procedures;

16.715.7 Provide a working environment, plant/equipment and systems of work that meet safe work standards;

16.815.8 Include volunteers in relevant decision making processes; 16.915.9 Provide supervision and support by an appropriately skilled staff

member; 16.1015.10 Provide emergency procedures guidelines; 16.1115.11 Provide clear policies relating to the role of volunteers and their

management within the Council; and 15.12 Recognise the vital role volunteers have within their organisation; 15.13 Ensure Department of Human Services (DHS) / Department for Communities

and Social Inclusion (DCSI) screening is in place for all volunteers where it is a requirement of the Council’s funding agreements, policy, protocol and/or legislation;

15.14 Ensure a satisfactory National Police Clearance, background and health check and relevant DHS / DCSI screening prior to the commencement of a voluntary role as guided by Council’s Background Check Protocol.

80

Code of Conduct for Volunteers Classification: Council Policy

Policy Name: Code of Conduct for Volunteers First Issued / Approved: 12 May 2015 (C10164)

Last Reviewed: 23 July 2019, Cxxxxx Next Review: July 2021

ECM tracking number: 2347541

Responsible Officer: General Manager Urban and Community Services Relevant Legislation: Local Government Act 1999

Independent Commissioner Against Corruption Act 2012 Work Health and Safety Act 2012 Volunteer Protection Act 2001 Children and Young People (Safety) Act 2017 Child Safety (Prohibited Person) Act 2016 Equal Opportunity Act 1984 Sex Discrimination Act 1984 Racial Discrimination Act 1975 Age Discrimination Act 2004 Workplace Gender Equality Act 2012 Disability Discrimination Act 1992

Related Policies: Volunteer Policy Performance Management and Misconduct Protocol Grievance Resolution Protocol Background Check Protocol Equal Opportunity and Diversity Protocol Media Policy Complaint Handling Policy Model Code of Conduct for Volunteers, LGA (SA) Volunteering Australia National Standards for Involving Volunteers in Not for Profit Organisations 2001 Work Health Safety and Return to Work Policy

PREAMBLE 1. BACKGROUND

1.1 Volunteers, like paid employees are a public face of the Council they represent and even though they give their time freely, they are still a part of the overall structure of the Council they work within.

1.2 Rights and responsibilities set the standards of a volunteer program within any Council and assist both the Council and each volunteer to abide by the philosophy and ethos of the Council.

1.3 The Council has a significant commitment to its volunteers and has substantial responsibilities towards them including recognising the National Standards for Involving Volunteers in Not for Profit Organisations. Volunteers also have rights which are contained in legislation.

1.4 While at work, volunteers must take reasonable care for their own health and safety, the health and safety of others and comply, so far as they are

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reasonably able, with any reasonable instruction given by their supervisor.

1.5 Volunteering is work which is: 1.5.1 Of benefit to the community; 1.5.2 Done of one’s own free will; and 1.5.3 Done without monetary reward.

1.6 Volunteers play an integral role within society in general by initiating and enhancing the services provided by employed staff, without being a substitute for paid work.

2. PURPOSE 2.1 This document sets out the standard of conduct expected of all volunteers

registered with the Council.

3. SCOPE 3.1 The standards outlined in this document relate to all volunteers registered with

the Council and are in addition to any statutory requirements of the Local Government Act.

4. DEFINITIONS

4.1 Volunteer means a person who willingly provides unpaid help in the form of time, service or skills through the Council's volunteer program.

CODE OF CONDUCT

5. GENERAL DUTY OF VOLUNTEERS

5.1 In addition to all legislative requirements and any specific directions or guidance provided by the Council, volunteers should recognise the requirements of this Code of Conduct as the standards to be adopted in the performance of their role.

6. PRINCIPLES OF THIS CODE OF CONDUCT

There are three broad principles that underpin the ethics and standards of conduct of volunteers engaged in Local Government:

6.1 Integrity; 6.2 Respect; and 6.3 Accountability.

7. INTEGRITY

7.1 Volunteers must act in a fair, honest and proper manner according to the law when carrying out their roles. This includes but is not limited to: 7.1.1 Behaving in a reasonable, just and non discriminatory way; 7.1.2 Acting in good faith and not for improper or ulterior motives;

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7.1.3 Adhering to the guidelines that relate to the acceptance of gifts and gratuities; and

7.1.4 Being able to formally identify themselves as a registered Council volunteer at all times.

7.2 Volunteers must act with reasonable care and be diligent in the performance of their role, ensuring they: 7.2.1 Carry out lawful policies, instructions and decisions of their

designated supervisor in a respectful manner; and 7.2.2 In so far as is reasonably practical, based on individual experience

and training, be aware of the effectiveness and efficiency of the activities and services for which they are responsible.

7.3 Volunteers must guard against a conflict of interest by: 7.3.1 Abiding by Council guidelines and policies regarding receiving gifts,

benefits or reimbursements; 7.3.2 Ensuring that personal interest does not improperly influence the

way in which they carry out their duties; and 7.3.3 Declaring any known conflict of interest and not participating in any

decision making process where they have a conflict of interest. 8. RESPECT

8.1 Volunteers must be fair honest and transparent in their dealings with individuals and organisations and behave in a manner that facilitates constructive communication between the Council, its staff, other volunteers and the community.

8.2 This means volunteers will: 8.2.1 Be honest and fair with all members of the community; 8.2.2 Demonstrate courteous and sensitive behaviour that does not

discriminate against people; 8.2.3 Be aware of and disclose any situation that may create conflict

between their voluntary roles and their personal interests; 8.2.4 Guard against the misuse of a volunteer's position to gain an

advantage for themselves or others; 8.2.5 Be punctual and reliable; and 8.2.6 Advise the designated supervisor in a timely manner if unable to

perform the designated role for any reason. 8.3 If representing the Council in the community, volunteers will:

8.3.1 Provide an accurate and fair representation of Council decisions; 8.3.2 Abide by the Council media policy; 8.3.3 Conduct themselves in a manner that will not reflect unfavourably on

the Council; 8.3.4 Only make public comment in relation to their duties when

specifically authorised to do so, and restrict such comment to factual information and professional advice; and

8.3.5 Dress appropriately and to the safety standard for their role. 8.4 Volunteers will seek to achieve a team approach in an environment of mutual

respect, trust and acceptance of their different roles in achieving the Council's objectives by:

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8.4.1 Seeking to develop a relationship with fellow volunteers and staff that is cooperative, productive and constructive and based on mutual trust and respect;

8.4.2 Conducting the relationship with courtesy and respect; 8.4.3 Acknowledging the value of diversity and the right of all points of

view to be heard and considered; and 8.4.4 Contributing to a working environment that is free from harassment

or bullying.

9. ACCOUNTABILITY

9.1 Volunteers understand that: 9.1.1 Information obtained by a volunteer as a result of his or her role is

not to be wilfully disclosed for any purpose that may result in an adverse impact on the Council;

9.1.2 Volunteers will not make comments to the media unless authorised by the CEO or appropriate delegate as outlined in the Media Policy;

9.1.3 They must respect and maintain the confidentiality of information that volunteers have as a result of their role at the Council (not being information that is generally available to the public) and acknowledge this obligation extends beyond the term of their engagement; and

9.1.4 Upon leaving the Council, they have no right to any information contained in the Councils e-mail or network file systems.

9.2 Volunteers must use Council resources in a proper and responsible way by: 9.2.1 Being mindful of the way in which resources are deployed; 9.2.2 Giving consideration to budget provisions and guarding against

wasteful practices; 9.2.3 Ensuring that resources are used in the community's interest; and 9.2.4 Avoiding the wilful damage of Council property including information

technology systems.

10. COMPLIANCE WITH THIS CODE OF CONDUCT

10.1 Volunteers are personally responsible for ensuring their compliance with this Code of Conduct.

10.2 Council staff supervising volunteers are responsible for monitoring volunteer compliance with this Code of Conduct.

10.3 Questions of compliance raised by other volunteers, staff, Council Members and members of the community regarding this Code will be considered by the Chief Executive Officer or their nominee, in accordance with the Council's complaints handling process.

10.4 Volunteers are entitled to representation in the consideration of an allegation of non-compliance against them and investigation and management of the matter will have regard to the principles of fairness, equity and natural justice as guided by Council’s Performance Management and Misconduct Protocol.

10.5 Volunteers may be public officers for the purposes of the ICAC Act. Conduct which breaches this Code may be misconduct under the ICAC Act.

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10.6 Investigations undertaken by the Council regarding compliance with this Code of Conduct will be kept confidential except where there is a legislative requirement to report information relating to the investigation.

10.7 As outlined in Council’s Performance Management and Misconduct Protocol, the consequences of breaching the Code may result in a verbal or written warning, suspension, or termination of volunteer engagement. If a volunteer is found to have committed serious misconduct it may result in ‘termination effective immediately’.

11. TRAINING

11.1 Council is committed to providing information and training to its volunteers to ensure that they understand the requirements of this Code of Conduct.

RIGHTS AND RESPONSIBILITIES

12. VOLUNTEERS HAVE THE RIGHT TO:

12.1 Be treated fairly and respectfully and as an important member of the team; 12.2 Be recruited in accordance with equal opportunity and anti-discrimination

legislation; 12.3 Be given accurate and truthful information about the volunteer program; 12.4 Work in a healthy and safe environment in accordance with the Work Health

and Safety Act; 12.5 Appropriate personal accident insurance coverage; 12.6 Be given or have access to any Council policy, protocol or procedure that

affects their roles; 12.7 Have a current written role or position description and agreed hours of

contribution; 12.8 Be provided with training relevant to their assigned or agreed roles, or as

legislated; 12.9 Have their confidential and personal information dealt with in accordance with

the principles of Council's policies and procedures; 12.10 Be provided with appropriate training, supervision and support to carry out

their roles; 12.11 Not to fill a position previously held by a paid worker; and 12.12 To decline or withdraw from their volunteer role at any time.

13. VOLUNTEERS HAVE A RESPONSIBILITY TO:

13.1 Familiarise themselves with and work within Councils policies, protocols and procedures including all relevant Work Health Safety policies, procedures and risk assessments;

13.2 Provide current personal details to Council in order for Council to undertake the selection and registration of volunteers and administer their duty of care responsibilities;

13.3 Accept any reasonable direction and supervision from appropriate Council paid staff and supervising volunteers;

13.4 Be reliable and accountable for their actions; 13.5 Respect and maintain confidentiality;

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13.6 Carry out the role according to the role description; 13.7 Agree to follow all reasonable instructions aimed at ensuring work is

completed in a safe manner and so as not to endanger the safety or health of any other workers or members of the public;

13.8 Be committed to the Council and its volunteer philosophy; 13.9 Undertake training as required by the Council; 13.10 Attend team meetings and performance reviews as required by Council; 13.11 Give reasonable notice before leaving the Council's volunteer program; 13.12 Value and support other team members; 13.13 Have respect for the environment, Council premises and equipment; and 13.14 Give consent to Council to undertake relevant checks and clearances.

14. COUNCIL HAS A RIGHT TO:

14.1 Retain the personal information of volunteers in line with best practice standards;

14.2 Make decisions about the placement of volunteers; 14.3 Review volunteer performance according to Council policies, protocols and

procedures; 14.4 Expect volunteers to perform given tasks to the best of their ability; 14.5 Expect from all volunteers respect and courtesy towards clients, paid and

voluntary staff and other stakeholders; 14.6 Establish the parameters and guidelines of volunteer roles; and 14.7 Refuse a volunteer placement or to end a placement if:

14.7.1 There is a perceived unmanageable risk to the customers’ or volunteers health or welfare;

14.7.2 Suitable volunteer duties are not available or no longer available; 14.7.3 The volunteer does not comply with Council policy, protocol and

procedures, including this Code; 14.7.4 The volunteer does not comply with the role or position statement; or 14.7.5 The volunteer is not able to be covered by the Councils personal

accident insurance or other relevant insurance.

15. COUNCIL HAS A RESPONSIBILITY TO:

15.1 Approve any reasonably practicable budgetary expenditure necessary for the effective and efficient management of volunteers;

15.2 Implement a volunteer management system that meets the best practice management of volunteers and meets audit and legislative requirements;

15.3 Ensure the staff supervising volunteers have the skills and capacity to do so effectively;

15.4 Retain volunteer personal information in a secure and safe system to ensure volunteer privacy;

15.5 Provide any necessary training and information to volunteers or staff with the responsibility for managing volunteers;

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15.6 Set clear lines of communication about complaints and conflict resolution procedures;

15.7 Provide a working environment, plant/equipment and systems of work that meet safe work standards;

15.8 Include volunteers in relevant decision making processes; 15.9 Provide supervision and support by an appropriately skilled staff member; 15.10 Provide emergency procedures guidelines; 15.11 Provide clear policies relating to the role of volunteers and their management

within the Council; and 15.12 Recognise the vital role volunteers have within their organisation; 15.13 Ensure Department of Human Services (DHS) / Department for Communities

and Social Inclusion (DCSI) screening is in place for all volunteers where it is a requirement of the Council’s funding agreements, policy, protocol and/or legislation;

15.14 Ensure a satisfactory National Police Clearance, background and health check and relevant DHS / DCSI screening prior to the commencement of a voluntary role as guided by Council’s Background Check Protocol.

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Volunteers Classification: Council Policy Policy Name: Volunteers

First Issued / Approved: December 2006

Last Reviewed: 25 September 2012, C8876 27 August 2013, C9362 12 May 2015, C10164 11 July 2017, C11279

Next Review: July 2019 July 2021

ECM tracking number: 988256 Responsible Officer: General Manager, Corporate ServicesUrban and

Community

Relevant Legislation: Equal Opportunity Act 1984 (SA) Independent Commissioner Against Corruption Act 2012 Sex Discrimination Act 1984 Racial Discrimination Act 1975 Disability Discrimination Act 20051992 Age Discrimination Act 2004 Workplace Gender Equality Act 2012 Local Government Act 1999 Volunteer Protection Act 2001 Work Health and Safety Act 2012 (SA) Children's Protection Act 1993 (SA) Children and Young People (Safety) Act 2017 Child Safety (Prohibited Person) Act 2016

Related Policies: Code of Conduct for Volunteers Volunteering Australia National Standards for Involving Volunteers in Not for Profit Organisations 2001 Safe Environment Policy Police Background Check Protocol Work Health Safety and& Return to Work Policy Eastern Heath Authority ‘Better Living, Better Health’Public Health and Wellbeing Plan Connected Communities Strategy

1. Introduction

1.1 The City of Burnside recognises, appreciates and values the importance of volunteers within its community. Volunteers assist in providing a wide range of community services, improving the quality of life for many residents in the City of Burnside.

1.2 Council volunteer programs: 1.2.1 enhance services; 1.2.2 encourage community participation;

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1.2.3 provide opportunities to be involved in services benefiting the community;

1.2.4 develop links between Council and community; 1.2.5 provide opportunities for social interaction and satisfaction; and 1.2.6 improve the quality of life, health and wellbeing for residents.

1.3 This Policy establishes a framework to provide direction and structure to how the City of Burnside manages its volunteer programs and its dealings with volunteers.

2. Strategic Plan Desired Outcomes

2.1 A vibrant and diverse community that has a strong sense of belonging and wellbeing.

2.2 A safe community that values and supports its people. 3. Our Approach

3.1 Contribute to residents’ sense of community, belonging and pride. 3.2 Encourage residents to participate in social, cultural, sporting and recreational

activities. 3.3 Foster greater social diversity. 3.4 Stimulate community initiatives and cooperative projects. 3.5 Encourage volunteerism.

4. Legislative Requirements and Corporate Policy Context

4.1 The Council’s management of volunteers is subject the same legislative responsibilities as management of staff, as well as specific legislation for the protection of volunteers.

4.2 The intent of this legislation is to protect volunteers from personal liability for loss,

injury or damage caused as a result of an act or omission on their part while undertaking their volunteering duties on behalf of an incorporated organisation.

5. Interpretation

5.1 Volunteers are defined as persons who undertake activities: 5.1.1 In a formal volunteer program with Council; 5.1.2 without monetary reward; 5.1.3 of their own free will; 5.1.4 of benefit to Council and the local community; and 5.1.5 that complement but do not replace the services provided by paid

employees. 6. Policy

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6.1 Council supports volunteers and encourages the recruitment and training of volunteers to assist in the planning, promotion and operation of specific volunteer programs. This allows volunteers to contribute their unique talents, skills and knowledge whilst finding a sense of self satisfaction.

6.2 Council is committed to ensuring all stakeholders are supported by optimising the management of volunteer programs. Council recognises volunteering as a pathway to employment and a pathway to retirement with multiple outcomes for individual wellbeing and connections to the community.

6.32 Insurance cover within legislative limits is provided for volunteers who are identified as registered volunteers of Council whilst working in clearly defined activities that are approved and controlled.

6.43 Volunteers’ Rights and Responsibilities are outlined in the Code of Conduct for

Volunteers: Volunteers have the right to: 6.3.1 select the type of activity to be involved in, compatible with their skills and

interests; 6.3.2 receive induction and training to enable them to perform new tasks; 6.3.3 be accepted and treated as a valid co-worker; 6.3.4 express their concerns and be heard by a person in authority; 6.3.5 work in a safe environment; 6.3.6 be adequately insured within legislative limits in the course of their

volunteer duty; 6.3.7 receive ongoing support and assistance; and 6.3.8 receive reimbursement for out-of-pocket expenses.

6.4 Volunteers’ Responsibilities: Volunteers must: 6.4.1 comply with and follow reasonable instructions including those which may

be given in relation to work health and safety; 6.4.2 comply with the Code of Conduct for Volunteers; 6.4.3 take reasonable responsibility for their health and safety at work; 6.4.4 report unsafe working conditions and potential hazardous situations; 6.4.5 use any personal protective equipment and clothing provided for health

and safety purposes; 6.4.6 notify Council if unable to undertake duties; 6.4.7 notify Council in the event of any work related accidents or incidents; 6.4.8 participate in appropriate training offered by the Council; 6.4.9 promote a positive image of Council whilst performing volunteer duties;

and 6.4.10 treat private and confidential information with respect.

6.5 Council’s Rights and Responsibilities are outlined in the Code of Conduct for Volunteers. : Council has the right to: 6.5.1 negotiate a commitment from a volunteer;

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6.5.2 expect a volunteer to undergo appropriate training; 6.5.3 expect to be notified in advance if a volunteer is unable to undertake

duties; 6.5.4 refuse a volunteer placement; 6.5.5 request that a volunteer undertakes a police check or medical

predetermined by the chosen area of work; and 6.5.6 expect a volunteer to embrace privacy and confidentiality obligations.

6.6 Council’s Responsibilities: Council will ensure that volunteers:

6.6.1 do not take responsibility for duties assigned to paid staff; 6.6.2 have adequate skills and knowledge to undertake duties; 6.6.3 are provided with an induction and appropriate training; 6.6.4 receive appropriate support and supervision; 6.6.5 are registered with Council and insured whilst undertaking approved work

activities; 6.6.6 have a safe working environment, safe equipment and safe systems of

work; and 6.6.7 have adequate resources to ensure the sustainability of the volunteer

management system.

6.67 Volunteer Recognition The City of Burnside recognises the importance of volunteers and the valuable contribution they make to our City. Council officially acknowledges this by celebrating National Volunteer Week and hosting a special Christmas event each year. Council also formally recognises volunteers’ commencing from for every five 5 years of service and a special award to for ‘outstanding achievement by a volunteer’ at a special annual event hosted by the Mayor.

7. Availability

7.1 The Policy is available to be downloaded, free of charge, from Council’s website www.burnside.sa.gov.au

7.2 The Policy will be available for inspection free of charge at the Civic Centre during ordinary business hours and a copy may be purchased at a fee as set annually by Council. City of Burnside Civic Centre 401 Greenhill Road, Tusmore SA 5065 Telephone; 8366 4200 Fax; 8366 4299 Email; [email protected] Office hours: Monday to Friday, 8.30am to 5.00pm (except public holidays)

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



Volunteers Classification: Council Policy Policy Name: Volunteers

First Issued / Approved: December 2006

Last Reviewed: 25 September 2012, C8876 27 August 2013, C9362 12 May 2015, C10164 11 July 2017, C11279 23 July 2019, Cxxxxx

Next Review: July 2021

ECM tracking number: 988256 Responsible Officer: General Manager, Urban and Community

Relevant Legislation: Equal Opportunity Act 1984 Independent Commissioner Against Corruption Act 2012 Sex Discrimination Act 1984 Racial Discrimination Act 1975 Disability Discrimination Act 1992 Age Discrimination Act 2004 Workplace Gender Equality Act 2012 Local Government Act 1999 Volunteer Protection Act 2001 Work Health and Safety Act 2012 Children and Young People (Safety) Act 2017 Child Safety (Prohibited Person) Act 2016

Related Policies: Code of Conduct for Volunteers Volunteering Australia National Standards for Involving Volunteers in Not for Profit Organisations 2001 Background Check Protocol Work Health Safety and Return to Work Policy Eastern Heath Authority Public Health and Wellbeing Plan Connected Communities Strategy

1. Introduction

1.1 The City of Burnside recognises, appreciates and values the importance of volunteers within its community. Volunteers assist in providing a wide range of community services, improving the quality of life for many residents in the City of Burnside.

1.2 Council volunteer programs: 1.2.1 enhance services; 1.2.2 encourage community participation;

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1.2.3 provide opportunities to be involved in services benefiting the community;

1.2.4 develop links between Council and community; 1.2.5 provide opportunities for social interaction and satisfaction; and 1.2.6 improve the quality of life, health and wellbeing for residents.

1.3 This Policy establishes a framework to provide direction and structure to how the City of Burnside manages its volunteer programs and its dealings with volunteers.

2. Strategic Plan Desired Outcomes

2.1 A vibrant and diverse community that has a strong sense of belonging and wellbeing.

2.2 A safe community that values and supports its people. 3. Our Approach

3.1 Contribute to residents’ sense of community, belonging and pride. 3.2 Encourage residents to participate in social, cultural, sporting and recreational

activities. 3.3 Foster greater social diversity. 3.4 Stimulate community initiatives and cooperative projects. 3.5 Encourage volunteerism.

4. Legislative Requirements and Corporate Policy Context

4.1 The Council’s management of volunteers is subject the same legislative responsibilities as management of staff, as well as specific legislation for the protection of volunteers.

4.2 The intent of this legislation is to protect volunteers from personal liability for loss,

injury or damage caused as a result of an act or omission on their part while undertaking their volunteering duties on behalf of an incorporated organisation.

5. Interpretation

5.1 Volunteers are defined as persons who undertake activities: 5.1.1 In a formal volunteer program with Council; 5.1.2 without monetary reward; 5.1.3 of their own free will; 5.1.4 of benefit to Council and the local community; and 5.1.5 that complement but do not replace the services provided by paid

employees. 6. Policy

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6.1 Council supports volunteers and encourages the recruitment and training of volunteers to assist in the planning, promotion and operation of specific volunteer programs. This allows volunteers to contribute their unique talents, skills and knowledge whilst finding a sense of self satisfaction.

6.2 Council is committed to ensuring all stakeholders are supported by optimising the management of volunteer programs. Council recognises volunteering as a pathway to employment and a pathway to retirement with multiple outcomes for individual wellbeing and connections to the community.

6.3 Insurance cover within legislative limits is provided for volunteers who are identified as registered volunteers of Council whilst working in clearly defined activities that are approved and controlled.

6.4 Volunteers’ Rights and Responsibilities are outlined in the Code of Conduct for Volunteers

6.5 Council’s Rights and Responsibilities are outlined in the Code of Conduct for Volunteers.

6.6 Volunteer Recognition

6.6.1 The City of Burnside recognises the importance of volunteers and the valuable contribution they make to our City. Council officially acknowledges this by celebrating National Volunteer Week and hosting a special Christmas event each year. Council also formally recognises volunteers’ commencing from five years of service and a special award for ‘outstanding achievement by a volunteer’ at a special annual event hosted by the Mayor.

7. Availability

7.1 The Policy is available to be downloaded, free of charge, from Council’s website www.burnside.sa.gov.au

7.2 The Policy will be available for inspection free of charge at the Civic Centre during ordinary business hours and a copy may be purchased at a fee as set annually by Council. City of Burnside Civic Centre 401 Greenhill Road, Tusmore SA 5065 Telephone; 8366 4200 Fax; 8366 4299 Email; [email protected] Office hours: Monday to Friday, 8.30am to 5.00pm (except public holidays)

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


Eastern Health Authority Board of Management Minutes 26 June 2019

EASTERN HEALTH AUTHORITY

Minutes of the Meeting of the Board of Management of Eastern Health Authority (EHA) held

at the offices of the Eastern Health Authority, 101 Payneham Road, St Peters, on Wednesday

26 June 2019 commencing at 6:30pm.

MEMBERS PRESENT:

Cr P Cornish, M Heinrich Burnside

M Hammond, Cr J Kennedy Campbelltown

Cr G Knoblauch, Cr S Whitington Norwood Payneham & St Peters

Cr K Barnett Prospect

Cr J Joshi, A Caddy Walkerville

In attendance:

M Livori Chief Executive Officer

N Conci Team Leader Environmental Health

N Bevitt Team Leader Administration and Immunisation

1 OPENING:

The meeting was declared open by the Cr Peter Cornish at 6:39pm.

Cr Peter Cornish welcomed Andreea Caddy from Walkerville Council to the meeting.

2 APOLOGIES:

N Cunningham Prospect

3 CONFIRMATION OF MINUTES:

Cr S Whitington moved: The minutes of the meeting of the Board held on 1 May 2019 be taken as read and

confirmed.

Seconded by Cr K Barnett

CARRIED UNANIMOUSLY 1: 26062019

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4 MATTERS ARISING FROM THE MINUTES:

Nil.

Squalor and Hoarding Presentation by Vicki Burns (Environmental Health Officer - EHA)

5 ADMINISTRATION REPORT

5.1 THIRD AND FINAL (MARCH 2019) BUDGET REVIEW

Cr S Whitington moved:

That:

1. The Finance Report and Third and Final (March 2019) Budget Review

for 2018/2019 Report be received.

2. The amended budget for 2018/2019 as detailed in attachment 2 of

the Finance Report and Third and Final (March 2019) Budget Review

for 2018/2019 Report is adopted.

Seconded by Magnus Heinrich


5.2 FINANCIAL REPORTS

Cr J Kennedy moved:

That:

1. The financial report is received and adopted.

Seconded by Cr J Joshi


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5.3 ADOPTION OF ANNUAL BUSINESS PLAN AND BUDGETED FINANCIAL STATEMENTS FOR 2019/2020

Cr G Knoblauch moved:

That:

1. The report regarding the adoption of the Eastern Health Authority Annual Business Plan and Budgeted Financial Statements for 2019/2020 is received.

2. The Eastern Health Authority Annual Business Plan for 2019/2020 provided as attachment 5 to the report is adopted.

3. The Budget for 2019/2020 provided as attachment 6 to the

report is adopted and is incorporated into the Annual Business Plan 2019/2020.

4. A copy of the Eastern Health Authority Annual Business Plan 2019/2020 incorporating the Budget are provided to the Chief Executive Officer of each Constituent Council within five business days.

5. The Board notes the commitment of EHA to undertake a full cost

and service review and seek concurrence into the scope from Constituent Councils.



5.4 REVIEW OF MOTOR VEHICLE USE POLICY


That: 1. The report regarding the review of the Motor Vehicle Use policy is

received.

2. The amended Motor Vehicle Use Policy marked as attachment 1 to this report as amended is adopted.

Seconded by M Heinrich


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5.5 REVIEW OF THE FOOD BUSINESS AUDIT FEE POLICY


That:

1. The report regarding the review of the Food Business Audit Fee Policy is received.

2. The policy entitled Food Business Audit Fee Policy, marked

attachment 2 to this report, is adopted.

Seconded by Cr J Joshi


5.6 HEALTH CARE AND COMMUNITY SERVICES

Cr J Kennedy moved:

That: 1. The Supported Residential Facilities 2019‐2020 Licensing Report is received. 2. The applicants detailed below be granted a licence to operate a Supported Residential Facility for a period of one year from 1 July 2019 to 30 June 2020 under the provisions of the Supported Residential Facilities Act 1992 without conditions:

Applicant Premises

Palm Gardens Consolidated Pty Ltd

Magill Estate Retirement Village 122 Reid Avenue Magill SA 5072

Applicant Premises

Vailima Gardens Pty Ltd Vailima Gardens Retirement Village 63 Hackney Road Hackney SA 5069

Applicant Premises

Bellara Aged Care Village Pty Ltd

Bellara Village 98 Newton Road Campbelltown SA 5074

3. The applicants below be granted a licence to operate a Supported Residential Facility for a period of one year from 1 July 2019 to 30 June 2020 under the provisions of the Supported Residential Facilities Act 1992 subject to conditions as detailed:

Applicant Premises

Magill Lodge Supported Residential Care Pty Ltd

Magill Lodge Supported Residential Care 524 Magill Road Magill SA 5072

Conditions

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1. Maintain records of cleaning and maintenance activities undertaken at the facility in accordance with the approved cleaning and maintenance schedules.

2. Retain all cleaning and maintenance records at the facility to demonstrate compliance with condition 1.

3. If there are 30 or more residents of the facility – ensure that the staff includes both a cook and a cleaner in addition to the members of staff who provide personal care services to residents of the facility; and in any case – ensure that the facility is staffed so as to ensure, at all times, the proper care and safety of residents.

4. Advise EHA via email correspondence when there are 30 or more residents of the facility and provide staff rosters that demonstrate the requirement in condition 3.

Applicant Premises

MGB Residential Pty Ltd Prospect Residential Care Services 4-6 Dean Street Prospect SA 5082

Conditions

1. Ensure that the facility, and all furniture, fixtures and fittings at the facility are maintained in a clean, safe and hygienic condition.

2. Review and, where required, update the approved cleaning and maintenance schedules to ensure that the scope and frequency is sufficient to secure compliance with licence condition 1.

3. Submit all revised cleaning and maintenance schedules to the Authorised Officer for approval.

4. Maintain records of cleaning and maintenance activities undertaken at the facility in accordance with the approved cleaning and maintenance schedules.

5. Retain all cleaning and maintenance records at the facility to demonstrate compliance with condition 4.

6. Maintain records for the management of medication of residents of the facility.

7. Ensure all records that are maintained for the management of medication of residents of the facility are accurate, consistent and in accordance with the resident’s medical requirements.

8. Retain records for the management of medication of residents of the facility to demonstrate compliance with conditions 6 and 7.

9. If there are 30 or more residents of the facility – ensure that the staff includes both a cook and a cleaner in addition to the members of staff who provide personal care services to residents of the facility; and in any case – ensure that the facility is staffed so as to ensure, at all times, the proper care and safety of residents.

10. Advise EHA via email correspondence when there are 30 or more residents of the facility and provide staff rosters that demonstrate the requirement in condition 9.

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Seconded by M Heinrich


6 INFORMATION REPORTS:

6.1 Public and Environmental Health

M Heinrich moved:

That:

The Public and Environmental Health Report is received.

Seconded by Cr Sue Whitington


6.2 Immunisation

M Heinrich moved:

That:

The Immunisation Services Report is received.

Seconded by Cr Sue Whitington


6.3 Food Safety Report

Cr Sue Whitington moved:

That:

The Food Safety Report is received.

Seconded by Cr J Kennedy


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6.4 Health Care and Community Services

Cr Sue Whitington moved:

That:

The Supported Residential Facility Report is received.



7 CORRESPONDENCE:

Nil.

8 CLOSURE OF MEETING:

The Chairperson, Cr P Cornish, declared the meeting closed at 8:11pm.

The foregoing minutes were printed and circulated to EHA Members and member Councils on 28 June 2019.

-----------------------------------------

CR P Cornish

CHAIRPERSON

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Council Agenda Item 15 23 July 2019 Item No: 15 To: Council Date: 23 July 2019 Submitted by: Mayor Anne Monceaux Subject: MAYOR’S REPORT Attachments: A. Summary Report from Meeting with Combined Probus Club of

Burnside at their meeting on July 8th 2019. MAYORAL ACTIVITIES | For the period 4 July 2019 to 17 July 2019

• Attended a breakfast meeting of Eastern Region Alliance Mayors.

• Presided over the inaugural City of Burnside Awards Combined Awards Ceremony and presented awards for the Mayor’s Photography Awards, 2019/20 Community Grants, Your Neighbourhood Budget, Fund My Place and the Burnside Heritage Awards.

• Presented to the Combined Probus Club of Burnside and attended a morning tea with members.

• Attended a briefing at the Local Government Association (LGA) SA relating to Sport and Recreation (facilitated by the State Government).

• Attended a Greater Adelaide Region Organisation of Councils Mayors Networking Luncheon hosted by the Mayor of Gawler and held at the LGA.

• Attended the City of Burnside LGA workshop for Elected Members.

• Attended a thank you event at the Burnside Country Fire Service following the recent Kitchen Renovation.

• Chaired a meeting of the CEO Recruitment, Performance Appraisal and Remuneration Review Committee.

• Attended the Bragg Heritage Forum held at the Burnside Ballroom.

• Attended the Launch of Connected Cities hosted by the City of Prospect and delivered a brief demonstration and speech on the Tusmore Park Smart City initiative.

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From the Mayor:

A Summary Report from Meeting with Combined Probus Club of Burnside at their meeting on July 8th 2019.

These are written comments from approximately 60-70 people in attendance and the responses were provided from group discussion and notation. A number of topics were covered and hence an attempt to place them in categories. Since the ‘tidal wave’ is coming, what do these senior citizens want?

In answer to the question: How can we make a better Burnside?

Housing, Heritage and Development

Better/greater advice to residents regarding improvements and demolition of heritage houses; protection of heritage properties and trees; preservation of built heritage****

Prevent more subdivision of existing properties; houses should not be built right up to the boundary; too much urban infill that does not support quality of life; reduce the size of new houses that fill the blocks- make them appropriate to the block size****

Limit the number and height of multi-storey buildings; limit high rise that brings overshadowing to existing buildings and loss of privacy; do not like high-rise in suburbia****

Don’t want concrete monoliths; do not approve dwellings that concrete over the whole block; development needs sensitive design and green space***

Concerns about neighbours not being given information about development or re-development when it is right next door

Get the Development Act altered to save these heritage buildings and halt out-of-character development

Regulate the number of occupants in units (garages are sometimes used as bedrooms)

Vegetation and Trees

More emphasis on retaining trees; increase tree cover and a real focus on improved vegetation cover; regulations to prevent removal or restore vegetation space on newly developed properties; better planning for infill and providing adequate green spaces; save older and bigger trees: Burnside’s logo has a tree on it…why so many trees being cutdown and replaced with 2-3 or even 4 units?; better preservation of trees in Burnside (eg. loss of those in Glenside)******

More attention to leaf collection, especially Orient Rd. ; Oak trees shed leaves that end up in gutters and cause slipping on footpaths and end up in stormwater…can we compost them somewhere? **

Concern about the skill and knowledge of people who prune trees

Reduce planting of deciduous trees that lose leaves and fill roof gutters and block outside street drains and gutters- plant more natives

Concern about keeping some trees that are significant but considered dangerous

More canopy reduction in powerlines in street trees

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Other Environment and Waste Issues

More education about what to place in different waste bins *** Want more hard waste collections and need to know how to dispose of e-waste.

Why not reduce general waste bins (red ones) to once a fortnight?

Improve the park across the road from the Town Hall

Why do some verges get mowed and others not (even in the same street) by council? eg. Windsor Rd, Glenunga.

Ban all single use plastics

Make supermarkets use devices on trolleys to stop them being dumped in streets and become hazards

Transport, Parking, Roads and Footpaths

Provide more seniors’ parking places; address problems of street parking caused by urban infill; need more parking bays in residential streets; increased public parking; limit street parking on residential streets *****

Less use of pavers because they are dangerous for older walkers; safer footpaths without pavers that are dangerous for elderly**

Need more disability parking areas/spaces**

More community buses to be available; especially on Thursdays and Fridays**

Need more carparks at Civic Centre/Library: eg underground carpark

Improve road surfaces around man-holes in roads

Control foliage on roundabouts to make safer for visibility

Too many cars obstruct the streets

Businesses should provide parking for their workers and not streets, (eg. Hauteville Tce, Eastwood)

Education and Recreation

Free Ipad lessons; more computer lessons for elderly (some of us cannot book and pay by computer/internet bookings for concerts); address the issue of some older people not able or wanting to use the internet ***

Support funding for library (we need to get to be personally acquainted with the staff)

Want a Directory of clubs and organizations in Burnside: eg. bridge, walking etc.

Want more art/craft groups, especially multi-cultural ones

What is the future of the Library?

Council to help more with promoting local clubs and their events, not just their own

More day trips for the elderly, and how to find out about them?

What are in ‘Welcome Packs’ for new residents of Burnside? What information is provided? Languages?

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Infrastructure development

Want a Community Gymnasium that focuses on seniors

When and where are we getting a wheel park for younger people in Burnside?

Mens’ Shed should be for younger men too!

Need a ring route to take road transporters off Portrush Road to reduce traffic hazard and pedestrian safety, noise and pollution

More multi-use parks for children and dogs, like Fraser Park in Unley

Improve the Dulwich Community Centre facilities in Union St (spend $100,000 - $200,000)

More and better street lighting in certain areas to improve safety

More and better public transport

Need another school: all the local ones are full

Rates and Decision-making

No more back-biting and infighting among councilors - we need co-operation and compromise

More local meetings and community consultation with Ward Councillors; forums for discussion

Want more citizen questionnaires/ consultations about decision making

No increase in council rates over the next 10 years (cup of coffee cost $2.50 four years ago, now $4.50; increase of 60%. So peopled don’t spend on necessities. Same goes for rates) Council should be first to cut costs. How will council assist those who can’t afford to pay increased rates?

Rates are becoming unaffordable

Why are rates increased when homes are sold with higher prices in the same street?

Less paid officers employed by council

Council to get out of the Local Govt. Association.

Focus on the Positive

We are generally happy with the range of services council provides, especially the library.

Congratulations to council for the excellent library/community facilities.

Keep up the good work!

A copy of this report has been provided to the Combined Probus Club as requested for feedback.

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