notice of council meeting - city of burnside

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Council Agenda 14 July 2015 Notice of Council Meeting NOTICE IS HEREBY GIVEN in accordance with Sections 83 and 87 of the Local Government Act 1999, that a meeting of the COUNCIL of the CITY OF BURNSIDE will be held in the Council Chambers, Civic Centre at 401 Greenhill Road, Tusmore on TUESDAY 14 July 2015 at 7.00 pm Paul Deb Chief Executive Officer 1

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Council Agenda 14 July 2015

Notice of Council Meeting

NOTICE IS HEREBY GIVEN in accordance with Sections 83 and 87 of the Local Government Act 1999, that a meeting of the

COUNCIL

of the

CITY OF BURNSIDE

will be held in the Council Chambers, Civic Centre at 401 Greenhill Road, Tusmore

on

TUESDAY 14 July 2015 at 7.00 pm

Paul Deb Chief Executive Officer

1

Council Agenda 14 July 2015

2

Council Agenda 14 July 2015

Council Meeting

Agenda

14 July 2015 at 7.00 pm Council Chamber, 401 Greenhill Road, Tusmore

Members: Mayor David Parkin Councillors Bagster, Bills, Cornish, Davey, Davis, Ford, Lemon, Lord, Monceaux, Osterstock, Piggott and Wilkins

1. Opening Prayer

2. Acknowledgement of Those Who Gave Their Life for this Country and Acknowledgement of Traditional Owners

3. Apologies

4. Leave of Absence Councillors Bills, Davis and Ford.

5. Conflict of Interest

6. Confirmation of Minutes Recommendation That the Minutes of the meeting of Council held on 23 June 2015 be taken as read and confirmed.

7. Mayor’s Report p8

8. Reports of Members, Delegates and Working Parties 8.1 Report from Councillor Lemon – National General Assembly p9

9. Deputations Nil

10. Petitions 10.1 Naming of the ‘(100 Years Of) Anzac Lookout’ p17

3

Council Agenda 14 July 2015

11. Questions on Notice 11.1 ERA Water ‘Waterproofing the East’ Project Councillor Monceaux asked the following Questions on Notice:

1. Has the Minister approved the formation of the regional subsidiary?

The Charter was presented to the Minister for Local Government on 1 July 2015, seeking his approval. The Subsidiary Councils were advised that this process would take approximately two weeks. Once the Minister has approved the establishment of the Subsidiary, it will be gazetted and the Subsidiary comes into effect after that time.

2. Has the subsidiary been formed and what was the date of its

formation?

The Subsidiary can only come into existence once the Minister has approved the Charter and after the gazettal notification period (see response above).

3. What are the names of the Board members?

The Board Members have yet to be nominated by all constituent Councils. It is anticipated that each Council will nominate their Board representatives within a month, in readiness of the formation of the Subsidiary. Walkerville Council will be considering their Board nominee and Deputy Board nominee at the 20 July ordinary meeting of Council and the City of Burnside is considering the issue at this meeting of Council.

4. Has the position of the Independent Chairperson of the Board been

publicly advertised and called?

No – under the provisions of the Charter, the CEOs of the Constituent Councils will undertake this process and make a recommendation to the Constituent Councils for approval (Clause 3.4.1.2). The Independent Chairperson cannot be appointed until the Subsidiary is established.

5. When will the nomination for Independent Chairperson come before

Council for approval?

The nomination will be forwarded for Council endorsement once the ‘recruitment process’ has been completed and a recommendation is forwarded from the Constituent Council CEOs.

12. Motions on Notice

12.1 Development Assessment Panel – Revision to Terms of Reference p24 12.2 Orienteering in Hazelwood Park p25

13. Questions without Notice

4

Council Agenda 14 July 2015

14. Motions without Notice

15. Reports of Officers Office of the CEO 15.1 Chief Executive Officer Monthly Report – June 2015 (Operational) p27 Attachment A p30 15.2 Waterproofing Eastern Adelaide – Regional Subsidiary Membership

(Operational) p36 Corporate Services 15.3 Burnside War Memorial Hospital Board – Appointments

(Operational) p41 Attachment A p45 Attachment B p46 Attachment C p48 15.4 Candidates’ Disclosure of Political Affiliation – Proposal to Amend

Legislation (Operational) p59 Attachment A p61 Attachment B p62 15.5 Minutes of CEO Recruitment, Performance, Appraisal and

Remuneration Review Committee – 22 June and Adjourned Meeting 29 June 2015 (Operational) p65

Attachment A p66 15.6 Occupational Health Safety and Welfare Matter – Remake of

Confidential Order (Operational) p71 Urban Services 15.7 Greenhill Road, Glenside – Parking Petition (Operational) p75 Attachment A p77 15.8 Proposed Upgrade of Kensington Gardens War Memorial (Operational) p79 Attachment A p83 Community and Development Services 15.9 Privately Funded Development Plan Amendment – New Policy

(Strategic) p85 Attachment A p89 15.10 Community Grants – Policy Review (Strategic) p96 Attachment A p98 Attachment B p104 15.11 Community Grants Selection Panel – Elected Member Representatives

(Operational) p14

5

Council Agenda 14 July 2015

15.12 Draft Regional Public Health and Wellbeing Plan – Results of Community Consultation p113

Attachment A (provided under separate cover)

16. Subsidiaries, Regional Subsidiaries and other Organisations/Entities 16.1 Eastern Waste Management Authority Minutes of Board Meeting held Wednesday 24 June 2015 p119 16.2 Eastern Health Authority Nil 16.3 Highbury Landfill Authority Nil

17. Council Correspondence Nil

18. Other Business 19. Confidential Items

19.1 Burnside War Memorial Hospital – Lease (Operational) p129 Attachment A p141 Attachment B p143 Attachment C p149 Attachment D p153 Pursuant to section 90(2) of the Local Government Act 1999, the Council orders that all members of the public be excluded, with the exception of the Elected Members of the City of Burnside; the Chief Executive Officer; General Manager, Urban Services, General Manager, Community and Development Services, General Manager, Corporate Services, Acting Manager Asset Services, Principal Governance Officer and Executive Officers on the basis that it will receive and consider 19.1 ‘Burnside War Memorial Hospital – Lease’ and that the Council is satisfied, pursuant to section 90(3)(h) of the Act, that the principle that the meeting should be conducted in a place open to the public has been outweighed in relation to this matter because it relates to private and confidential legal advice.

19.2 Chief Executive Officer Performance Appraisal Report – July 2014

(Operational) p154 Attachment A p156 Attachment B p164 Attachment C p176

Pursuant to section 90(2) of the Local Government Act 1999, the Council orders that all members of the public be excluded, with the exception of the Elected Members of the City of Burnside; the General Manager Urban Services and the Executive Officer on the basis that it will receive and consider Item 19.2 ‘Chief Executive Officer Appraisal Report’ and that the

6

Council Agenda 14 July 2015

Council is satisfied, pursuant to section 90(3)(a) of the Act, that the principle that the meeting should be conducted in a place open to the public has been outweighed in relation to this matter because the disclosure of this information would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead) and to do so would, on balance, be contrary to the public interest.

19.3 Chief Executive Officer Remuneration (Operational) p183 Attachment A p186 Attachment B p191

Pursuant to section 90(2) of the Local Government Act 1999, the Council orders that all members of the public be excluded, with the exception of the Elected Members of the City of Burnside; the General Manager Urban Services and the Executive Officer on the basis that it will receive and consider Item 19.3 ‘Chief Executive Officer Remuneration’ and that the Council is satisfied, pursuant to section 90(3)(a) of the Act, that the principle that the meeting should be conducted in a place open to the public has been outweighed in relation to this matter because the disclosure of this information would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead) and to do so would, on balance, be contrary to the public interest.

19.4 Draft Chief Executive Officer Contract and Draft Position Description (Operational) p195

Attachment A p197 Attachment B p212 Attachment C p223 Attachment D p239

Pursuant to section 90(2) of the Local Government Act 1999, the Council orders that all members of the public be excluded, with the exception of the Elected Members of the City of Burnside; the General Manager Urban Services and the Executive Officer on the basis that it will receive and consider Item 19.4 ‘Draft Chief Executive Officer Contract and Draft Position Description’ and that the Council is satisfied, pursuant to section 90(3)(a) of the Act, that the principle that the meeting should be conducted in a place open to the public has been outweighed in relation to this matter because the disclosure of this information would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead) and to do so would, on balance, be contrary to the public interest.

20. Closure

7

Council Agenda Item 7 14 July 2015 Item No: 7 To: Council Date: 14 July 2015 Submitted by: Mayor David Parkin Subject: MAYOR’S REPORT Attachments: Nil MAYORAL ACTIVITIES 19/6/15 to 8/7/15 21 June

• Attended BBQ in Gumeracha hosted by Premier Jay Weatherill to thank volunteers who assisted in the Sampson Flat bushfires. Also attended by many state politicians and metropolitan mayors.

22 June

• CEO Committee meeting, which was adjourned to be reconvened the following week.

24 June • With the CEO, I attended a meeting called by Planning Minister John Rau on the

current version of the city and inner suburban population growth strategy. • Attended as a guest the office bearers handover dinner of the Lions Club of Glenside.

26 June

• Attended a Beaumont Scouting Group award ceremony at the Regal Cinema. Also attended by Member for Bragg Vickie Chapman.

29 June

• Reconvened meeting of the CEO Committee. 30 June

• Burnside Ward Forum. 1 July

• Attended Burnside Rotary Club office bearers handover dinner. 3 July

• Attended a meeting of the Mayors and CEOs of Walkerville, NP&SP and Burnside on ERA Water. A progress report is under preparation for distribution to the Ems of each participating council.

7 July • Guest speaker at a meeting of the Toorak Gardens Probus Club.

8 July

• Metropolitan Mayors’ lunch hosted by Prospect Mayor David O’Loughlin. • Metropolitan Local Government Group Meeting.

8

Council Agenda Item 8.1 14 July 2015 Item No: 8.1 To: Council Date: 14 July 2015 Submitted by: Councillor Helga Lemon Subject: REPORT FROM NATIONAL GENERAL ASSEMBLY Attachments: A. Delegates Report

B. National General Assembly Agenda C. Interview with Roberta Ryan – Director, Australian Centre for

Excellence in Local Government That the Report be received.

9

1. The National General Assembly of the Australian Local Government Association (ALGA) took place from the 14-17 June 2015 at the National Convention Centre in Canberra. The theme for the conference was ‘Closest to the Community’. The program is attached. (Attachment B)

2. During the course of the conference 80 Motions on Notice were ably

dealt with by the new President of the ALGA, Mayor Troy Pickard from the City of Joondalup, a metropolitan Council of Perth. The full set of resolutions can be found at http://alga.asn.au/site/misc/alga/downloads/events/2015NGA/NGA_resolutions.pdf

3. There were a number of highlights. 4. A presentation by Roberta Ryan from the Australian Centre for

Excellence for Local Government (ACELG) gave an overview of their research into Why Local Government Matters. This was from a large-scale nationwide survey and some of the interesting stats from this research include the following: • 75% of people surveyed believe that local government is the tier of

government best able to make decisions about the local area (compared to 26% state and 2% Federal)

• Around 80% of people were able to name their local council or shire and around 50% were able to name their Mayor.

• Only half the people surveyed believed the private sector delivers services and stated that the role of local government was to ensure equity.

5. A copy of an interview with Professor Ryan is attached (Attachment C)

and more information is available on the ACELG website, including the final report, at http://www.acelg.org.au I encourage you to take a look at their findings.

6. Peter Cosier from the Wentworth Group of Concerned Scientists gave

an impassioned presentation on how the environment is being sacrificed to economic goals in the current ‘political narrative’. This theme was taken up again by other speakers including the Leader of the Greens, Senator Dr Richard Di Natale and the Lord Mayor of the City of Adelaide, the Right Honourable Martin Haese.

7. The Right Honourable Martin Haese talked about the work being

undertaken by the international compacts of Mayors on carbon neutrality (around 60 to 70 cities worldwide have signed up to this compact). Adelaide is set to become the first city in the world to be carbon neutral and this is largely going to be achievable because of renewable energy.

8. One of the most interesting presentations came from Darryl Nichols, the

Founder of the Garage Sale Trail. This was an initiative started by Darryl to combat illegal dumping and has grown to become so much more with the Prime Minister of the United Kingdom inviting Darryl to

10

Bortoluzzi
Attachment A

give advice on community capacity building. The Garage Sale Trail takes place Australia-wide on 24 October 2015.

9. Rosie Batty, Australian of the Year, was the final speaker. All delegates

were visibly moved by her presentation, not just because of her harrowing story, but also because of the hope she has for change. This is extraordinary in the face of statistics that show that in 2015 in Australia two women a week are killed at the hands of partners or ex-partners. That one in three women experience domestic violence and that one in five children are exposed to violence in their homes. Rosie Batty states that she has already seen change but knows that it will be decades before it will filter to all levels of society. She encouraged us to be involved at the local level in every way possible.

10. The final Motion (without Notice) of the Conference, in its closing

minutes was a resolution for all Australian Councils to support change and support work in the area of prevention of domestic violence. I was proud that this Motion was speedily seconded by one of our ERA colleagues in the form of Mayor O’Loughlin from the City of Prospect.

Special Urgent Resolution 81 Tumut Shire Council NSW & ALGA

That the NGA strongly supports the ALGA President in his advocacy at COAG to ensure the national campaign against domestic violence is appropriately resourced.

Carried unanimously

11

12

Bortoluzzi
Attachment B

13

14

Bortoluzzi
Attachment C
Bortoluzzi
Attachment C

15

16

Meeting Agenda Item 10.1 14 July 2015 Item No: 10.1 To: Council Date: 14 July 2015 Submitted by: Paul Deb – Chief Executive Officer Subject: NAMING OF THE ‘(100 YEARS OF) ANZAC LOOKOUT’ Attachments: A. Petition

Petition

A petition, containing 72 signatures, was received during June 2015 regarding the naming of the ‘(100 Years of) ANZAC LOOKOUT’ and in the support of the City of Burnside’s application for funding for an appropriate memorial

Officer’s Recommendation

That the Petition be received.

17

P.O. 424, Kensington Park, SA 5066

Sunday, 3rd May 2015

To: The ChiefEucutive Officer

City of Burnside Council Office,

401 Greenhill Rd, Tusmore, SA 5065

Petition Covering Letter- Establishment of ’ANZAC Lookout’ and Applicatip-I!!~ Burnside’s application for funding for a memorial at the Lookout. ;. -:-,"---".

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11’>’ Dear Mr Paul Deb, NAr 2015

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This letter covers a petition I have received from Residents, Ratepayers and stak~h~lders.,’",.#rtI.;;UdlJ calling for the naming of the ’(100 years of) ANZAC Lookout’ and in support of Burnside’s

application (to the ANZAC Day Commemorative Council) for funding for an appropriate

memorial at the lookout. The application is required to be submitted by 12 Jun 15 to the Dept. of Premier and Cabinet, Commemorative Council and the funds come from the "ANZAC

Day Commemoration Fund."

If Burnside Council endorses the (subject) Motion, a priority remediation of the Lookout is

due. For my part I am keen to see that the Lookout is remediated and (over-time) enhanced. I

find it hard to accept some of the historical reasons given as to why the lookout has been

allowed to degrade over time; becoming unserviceable and dilapidated. I believe, as do many

residents, that it was unconscionable of the Council Administration to have allowed such a

beautiful public amenity to become so degraded.

Council should make a concerted effort to soon restore the Lookout’s vista; closely followed

by the restoration of the paths, seats, benches, car parks, the road and other public utilities

associated with the Lookout.

From my discussions and on-site meetings with Mr Nigel Morris and with Mr Mario

Catalano there are a number of immediate, short and longer term actions Council can easily undertake. I understand that many of these were also discussed at a positive internal meeting on 30 Mar 2015 which determined what can be achieved at the Lookout in line with our

Special Feature Reserves Community Land Management Plan.

I would be a tragedy for Burnside not to put its best foot forward and also to miss out on a

potential funding opportunity like this.

Kind Regards,

Cr Lance Bagster

Burnside Ward

18

RSL Swan Reach Sub-Branch Inc

To the CEO, City of Burnside Council Office, 401 Greenhill Road, Tusmore SA 5065.

Petition - the naming of the ’(100 years of) ANZAC Lookout’ and in support of Burnside City’s

application (to the Commemorative Council) for funding for an appropriate memorial at ANZAC

lookout.

We, the undersigned call for Burnside Council to name the Kensington Road lookout the ’(100 years of) ANZAC

Lookout’ and we further support Burnside’s application (to the ANZAC Day Commemorative Council) for funding for

an ANZAC memorial at the lookout. We hope that Council will do all it can to re-establish, remediate and enhance

the Lookout in preparation for the name change and unveiling. We request the Council restore the Lookout’s vista

and the paths, seats, benches, car parks, the road and other public utilities associated with the Lookout; so that the

lookout can be prepared in this, the 100th year of the ANZACs.

Petitioner’s name (printed) Signature Address

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To the CEO, City of Burnside Council Office, 401 Greenhill Road, Tusmore SA pOGS.

Petition - the naming of the ’(100 years of) ANZAC Lookout’ nd in support of Burnside Cit s

application (to the Commemorative Council) for funding for an appropriate memorial at ANZAC

Lookout.

We, the undersigned call for Burnside Council to name the Kensington

Rjad lookout the ’(100 years of) ANZAC

Lookout’ and we further support Burnside’s application (to the ANZAC Day ommemorative Council) for funding for

an ANZAC memorial at the lookout. We hope that Council will do all it can to re-establish, remediate and enhance

the Lookout in preparation for the name change and unveiling. We reques the Council restore the Lookout’s vista

and the paths, seats, benches, car parks, the road and other public utilities ssociated with the Lookout; so that the

lookout can be prepared in this, the 100th year of the ANZACs.

Petitioners name (printed) Signature Address

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Council Agenda Item 12.1 14 July 2015 Item No: 12.1 To: Council Date: 14 July 2015 Submitted by: Councillor Piggott Subject: DEVELOPMENT ASSESSMENT PANEL – REVISION TO TERMS

OF REFERENCE Attachments: Nil

Motion of Which Notice has been Given

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

1. That the Terms of Reference for Council’s Development Assessment Panel be amended to require membership of the Panel to comprise:

1.1 Up to three Council Members who are Elected Members of Council, including at least one woman and one man, as selected by the Elected Member body of Council; and

1.2 At least four Independent members, one of which shall be the Panel’s Presiding member, including at least one woman and at least one man.

2. That this change takes effect immediately following the next vacancy for one of the positions occupied by Independent members of the Panel.

24

Council Agenda Item 12.2 14 July 2015 Item No: 12.2 To: Council Date: 14 July 2015 Submitted by: Councillor Piggott Subject: ORIENTEERING IN HAZELWOOD PARK Attachments: Nil

Motion of Which Notice has been Given

Pursuant to Regulation 12 of the Local Government (Procedures at Meetings) Regulations 2013, the following Notice of Motion has been submitted by Councillor Piggott. 1. That Council approves the proposal submitted by Tintookies Orienteering

Club of Orienteering SA to install a permanent orienteering course at Hazelwood Park subject to the following:

1.1 The course consists of no more than 15 Control Markers.

1.2 That the Markers be no larger than 90mm by 90mm and only be

attached to existing structures including fence posts, fence railings, seat backs and other Park Fixtures.

1.3 That no Marker be attached to any living tree or memorial.

2. That the Administration work with the nominated Club to determine the

locations of the Markers to ensure that the design of the course, as far as practicable: 2.1 be non-invasive, by utilising existing paths and infrastructure;

2.2 be inclusive, allowing wheelchair and pram access;

2.3 that the course be designed with a view to reduce the impact on any

sensitive areas of the Park such as garden beds; and

2.4 that the course not include any areas of the creek line.

3. That Council install a sign in the Park, to be provided by the nominated Club, to mark the start of the course subject to the following:

3.1 That the sign be professionally made; 3.2 That the Administration be consulted on the Location, style, size and

design of the signage.

4. That the Nominated Club be responsible for maintenance of all Markers and signage in respect to the Orienteering Course.

5. That the Administration review the operation of the Course after twelve months of its installation and, if it is considered that the Course is inappropriate to the Park, request the nominated Club remove the Markers and signage at its cost.

25

26

Council Agenda Item 15.1 14 July 2015

Item No: 15.1 To: Council Date: 14 July 2015 Author: Paul Deb – Chief Executive Officer Contact: 8366 4205 Subject: CHIEF EXECUTIVE OFFICER REPORT – JUNE 2015

(OPERATIONAL) Attachments: A. Reports Outstanding List – June 2015 Prev. Resolution: C7319, 16/9/08

Officer’s Recommendation

That the Report be received.

Purpose

1. To provide Council with a monthly report of key activities and issues, aligned to Council’s Strategic Plan ‘Be the Future of Burnside 2025’, undertaken by the Chief Executive Officer (CEO) in June 2015.

2. To provide Council with a monthly report on the financial position of the organisation.

3. To provide Council with a list of reports which have been requested by Elected Members and the status of those reports.

Strategic Plan

4. The following Strategic Community Plan provisions are relevant:

“Delivery of good governance in Council business”

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

“An empowered Council and Administration that is visionary and innovative in meeting community needs”

Communications / Consultation

5. Communication has been undertaken with internal and with external organisations as described in the body of the report.

Statutory

6. The following legislation is relevant in this instance:

Local Government Act 1999

27

Council Agenda Item 15.1 14 July 2015

Policy

7. There are no policy implications with the recommendation.

Risk Assessment

8. There are no risks associated with the recommendation.

Finance

9. There is no Finance Report for June 2015. The Finance Department is currently performing all end of year procedures and awaiting on the subsidiary results and all remaining invoices to be processed. A complete Finance Report will be prepared for July.

Discussion

Monthly Activity

10. The CEO attended the following meetings in June 2015:

10.1. The Mayor, CEO, General Manager Urban Services and the Strategic Projects Officer met with representatives of the Burnside War Memorial Hospital to discuss their lease. This matter is the subject of a separate report to Council, contained in this Agenda.

10.2. The CEO, General Manager Urban Services and Manager Asset Services met with a resident regarding the Constable Hyde / Gurney Road land swap. This matter will be the subject of a Council report in August 2015.

10.3. The Mayor and CEO attended a meeting of Mayors and CEOs with Minister Rau in relation to the Inner and Middle Metropolitan Infill strategy and future DPA. The group was advised that the draft DPA will be finalised by the end of August 2015, with consultation to occur afterwards, with an implementation date of early 2016.

10.4. The CEO, General Manager Urban Services, General Manager Community and Development Services and the Strategic Projects Officer met with Cr Piggott and Cr Wilkins and members of the staff and Board of the Eastwood Community Centre to discuss the options for future leasing of the property. In the interim, the Administration has invoked the holding over provisions of the current lease until all lease negotiations have been finalised. This matter will be the subject of a future Council report.

Reports Outstanding List

11. The Reports Outstanding List is contained in Attachment B.

12. As at the conclusion of the Council / Committee meeting held on 23 June 2015, there are 27 reports outstanding. Of the 27 reports, nine will be presented in July 2015. The balance will be presented as soon as information becomes available.

28

Council Agenda Item 15.1 14 July 2015

Human Resources

13. As at 30 June 2015, the current Full Time Equivalent (FTE) staff count is 163.9 FTE. 7.7 of these positions were vacant.

14. The positions vacant and their current statuses are as following:

Position Status

Manager Asset Services On hold, pending review of Urban Services

Senior Facilities Officer On hold, pending review of Urban Services

Senior Property Officer On hold, pending review of Urban Services

Information Management Compliance Officer

On hold, pending review of Information Systems

Assets Officer On hold, pending review of Urban Services (FTE 0.7)

Customer Service Officer Current vacancy to be filled internally

Manager, Procurement and Contract

Role on hold, pending review of the Procurement area

Executive Officer to the CEO On hold, until the new financial year

15. Martin Cooper has been appointed General Manager, Corporate Services for a 12 month period and will commence a process to appoint the Manager Finance for a 12 month period shortly. This has been undertaken so as to not conflict with any outcomes of the Efficiency and Effectiveness Review to be undertaken by the Administration.

Work Health and Safety (WHS)

16. The endorsed Action Plan from the 2014 KPI Audit continues to be closed out with actions such as plant risk assessments being undertaken.

Notifiable or Dangerous Incidents (as defined by WHS Act)

17. Nil to report.

Significant General Insurance Claims

18. Nil to report.

Risks Issues, with a Residual or Remaining Extreme or High Level

19. The Administration staged a successful desk top exercise of its Business Continuity Plan and Information Technology Disaster Recovery Plan during the month. The purpose of the exercise was to provide assurance around documented risk control strategies in the event of emergency. Further testing of both plans will take place in the 2015/16 financial year.

29

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ot (P

HI0

023)

– T

hat a

Rep

ort o

n O

ptio

ns

2c a

nd 2

e be

pre

sent

ed to

the

Plan

ning

, Her

itage

and

In

frast

ruct

ure

Com

mitt

ee in

clud

ing

up to

dat

e co

stin

gs, a

Pla

n an

d tim

efra

mes

and

that

the

curr

ent w

ork

at th

e La

urel

Ave

nue

Nur

sery

and

Com

mun

ity G

arde

n be

put

on

hold

pen

ding

the

Rep

ort t

o th

e C

omm

ittee

.

CEO

Aug

2015

Th

e Pr

oper

ty S

trate

gy

prio

ritie

s w

ill be

di

scus

sed

at a

w

orks

hop

in J

uly

2015

an

d a

repo

rt on

op

tions

for k

ey

prio

ritie

s w

ill fo

llow

.

30

Bortoluzzi
Attachment A

NO

M

TG

DAT

E SU

BJE

CT

OFF

ICER

D

UE

DAT

E TA

RG

ET

DAT

E ST

ATU

S

5.

10/0

4/12

Du

lwic

h Co

mm

unity

Cen

tre (C

8639

) – T

hat a

repo

rt be

pro

vide

d to

Cou

ncil

in re

latio

n to

the

Dul

wic

h C

omm

unity

Cen

tre s

ite,

addr

essi

ng th

e fo

llow

ing:

The

hist

ory

of th

e ac

quis

ition

of t

he s

ite.

• W

heth

er C

ounc

il is

bou

nd b

y an

y ob

ligat

ions

aris

ing

out o

f th

e ci

rcum

stan

ces

in w

hich

it b

ecam

e th

e re

gist

ered

pr

oprie

tor o

f the

land

. •

The

use

pres

ently

bei

ng m

ade

of th

e si

te.

• Th

e st

ate

of th

e bu

ildin

gs o

n th

e la

nd.

• Th

e vi

ews

of th

e pr

esen

t ten

ants

/lice

ncee

s an

d us

ers

as to

th

e re

tent

ion

or o

ther

wis

e of

the

site

.

CEO

Ap

r 201

5

Aug

2015

Th

is re

port

will

be

pres

ente

d to

Cou

ncil

afte

r Cou

ncil

has

cons

ider

ed th

e O

pen

Spac

e an

d Pr

oper

ty

Acqu

isiti

on P

lan.

6.

25/6

/13

Bur

nsid

e Sw

imm

ing

Cen

tre

Upg

rade

Pro

ject

Pla

n (C

9258

) –

That

a th

orou

gh B

usin

ess

Rev

iew

of t

he S

wim

min

g C

entre

se

rvic

es a

nd o

pera

tions

be

unde

rtake

n an

d pr

esen

ted

to C

ounc

il du

ring

the

2013

/14

finan

cial

yea

r.

GM

US

Apr 2

016

On

track

.

7.

10/9

/13

Ros

e Pa

rk P

rimar

y Sc

hool

– W

orks

on

Gur

ney

Roa

d R

eser

ve

(C93

86) –

Tha

t Cou

ncil

endo

rse

the

Adm

inis

tratio

n en

terin

g in

to

disc

ussi

ons

with

the

Dep

artm

ent f

or E

duca

tion

and

Chi

ld

Dev

elop

men

t on

the

long

term

opt

ions

for G

urne

y R

oad

Gar

den

rese

rve

incl

udin

g th

e po

ssib

le s

ale,

sub

ject

to th

e C

ounc

il C

omm

unity

Lan

d re

voca

tion

proc

ess,

or l

onge

r ter

m le

ase

to th

e D

epar

tmen

t, an

d a

furth

er re

port

be p

rese

nted

to C

ounc

il de

tailin

g th

e op

tions

and

the

impa

ct o

n th

e br

oade

r com

mun

ity.

GM

US

Aug

2015

D

iscu

ssio

n cu

rren

tly

bein

g he

ld w

ith

rele

vant

par

ties.

8.

22/1

0/13

D

epar

tmen

t for

Edu

catio

n an

d C

hild

Dev

elop

men

t –

Kin

derg

arte

n Le

ases

(C94

57) –

Tha

t the

mat

ter o

f aut

horit

y fo

r th

e le

ases

be

cons

ider

ed a

t a fu

ture

Cou

ncil

mee

ting.

GM

US

TBA

Dis

cuss

ion

curr

ently

be

ing

held

with

re

leva

nt p

artie

s.

9.

22/1

0/13

La

nd P

urch

ase

at C

onst

able

Hyd

e M

emor

ial G

arde

ns (C

9467

) –

That

a fu

rther

Rep

ort b

e pr

ovid

ed to

Cou

ncil

– at

a s

peci

al

mee

ting

if re

quire

d –

to e

nsur

e th

at th

e fin

al d

ecis

ion

is m

ade

with

in th

e tim

e co

nstra

ints

set

by

Ren

ewal

SA.

GM

US

Aug

2015

D

iscu

ssio

n cu

rren

tly

bein

g he

ld w

ith

rele

vant

par

ties.

31

NO

M

TG

DAT

E SU

BJE

CT

OFF

ICER

D

UE

DAT

E TA

RG

ET

DAT

E ST

ATU

S

10.

10/6

/14

East

ern

Hea

lth A

utho

rity

Annu

al B

usin

ess

Plan

and

Bud

get

for 2

014/

15 (O

pera

tiona

l) (1

4.11

) (C

9749

) – T

hat C

ounc

il re

ques

ts th

e C

hief

Exe

cutiv

e O

ffice

r of t

he E

HA

and

the

Boar

d of

EH

A to

und

erta

ke th

e be

nchm

arki

ng o

f the

EH

A’s

serv

ices

ag

ains

t oth

er e

nviro

nmen

tal h

ealth

pro

vide

rs, i

nclu

ding

in-h

ouse

pr

ovis

ion

by th

e co

nstit

uent

Cou

ncils

, and

wor

k w

ith th

e C

onst

ituen

t Cou

ncils

as

requ

ired

in o

rder

to re

port

back

to th

e C

onst

ituen

t Cou

ncils

on

thei

r fin

ding

s.

GM

CD

S

TBA

Aw

aitin

g co

nfirm

atio

n fro

m E

HA

on th

e tim

elin

es to

com

plet

e th

e be

nchm

arki

ng

exer

cise

.

11.

22/7

/14

Civ

ic C

entr

e M

aste

r Pla

n –

Stag

e 1

(Ope

ratio

nal)

(C98

03) –

That

a fu

rther

repo

rt be

pro

vide

d to

Cou

ncil

in 2

015

deta

iling

the

poss

ible

reco

nfig

urat

ion

optio

ns o

f the

Civ

ic C

entre

to im

prov

e th

e fu

nctio

nalit

y of

the

cust

omer

ser

vice

and

pub

lic a

reas

to c

ater

for

futu

re s

ervi

ce p

rovi

sion

to th

e co

mm

unity

incl

udin

g as

soci

ated

co

sts.

GM

US

Ju

n 20

15

Jul 2

015

EM

Wor

ksho

p to

set

br

ief f

or c

onsu

ltant

to

be h

eld

on 2

3 Ju

ly

2015

12.

14/1

0/14

K

ensi

ngto

n C

omm

unity

Par

k In

corp

orat

ed (S

trat

egic

) (C

9932

) –

That

the

CEO

repo

rt to

Cou

ncil

perio

dica

lly (a

t a m

inim

um,

annu

ally

) on

the

perfo

rman

ce o

f the

less

ee/s

and

/or l

icen

cee/

s w

ith re

spec

t to

leas

es a

nd/o

r lic

ence

s gr

ante

d by

Cou

ncil

with

re

spec

t to

Kens

ingt

on O

val a

nd it

s as

soci

ated

are

as (e

g ca

r pa

rks)

, inc

ludi

ng a

n as

sess

men

t of t

he e

xten

t to

whi

ch c

omm

unity

us

e ha

s be

en fo

ster

ed a

nd re

alis

ed.

GM

US

O

ct 2

015

O

n tra

ck.

13.

28/1

0/14

N

ewla

nd P

ark

Bas

ebal

l (C

9941

) – T

hat t

he C

EO p

rovi

de a

full

and

frank

repo

rt to

Cou

ncil

in re

latio

n to

the

inva

lid e

xten

sion

of

the

perm

it an

d th

e no

n-pr

ovis

ion

of th

e ap

prov

ed n

ets

in ti

me

for

the

curr

ent s

easo

n, in

clud

ing

the

follo

win

g:

1.

Iden

tifyi

ng th

e ex

act s

yste

m fa

ilure

s th

at le

d to

the

inva

lid

exte

nsio

n of

the

perm

it.

2.

Setti

ng o

ut w

hat s

teps

hav

e be

en ta

ken

to e

nsur

e th

at a

si

mila

r situ

atio

n do

es n

ot o

ccur

aga

in, i

nclu

ding

the

mec

hani

sms

in p

lace

for d

ecis

ions

to e

xten

d pe

rmits

, lic

ence

s an

d th

e lik

e (w

heth

er fo

rmal

or i

nfor

mal

ext

ensi

on).

3.

Setti

ng th

e pr

oces

s un

derta

ken

for t

he a

cqui

sitio

n of

the

new

net

s, in

clud

ing

both

the

inte

nded

tim

elin

e an

d th

e ac

tual

tim

elin

e.

4.

Iden

tifyi

ng a

nd (a

nd w

hat)

wea

knes

ses

and/

or s

yste

m

failu

res

in re

latio

n to

the

acqu

isiti

on o

f the

new

net

s an

d se

tting

out

wha

t ste

ps h

ave

been

take

n to

ens

ure

they

are

no

t rep

eate

d.

CEO

Ja

n 20

15

Sep

2015

R

epor

t to

Cou

ncil

in

Sept

embe

r 201

5.

32

NO

M

TG

DAT

E SU

BJE

CT

OFF

ICER

D

UE

DAT

E TA

RG

ET

DAT

E ST

ATU

S

14.

9/12

/14

Cap

ital P

roje

cts

(C99

67) –

Tha

t, in

resp

ect t

o al

l cap

ital p

roje

cts

budg

eted

to c

ost i

n ex

cess

of $

2M, t

he A

dmin

istra

tion

prov

ides

ad

vice

as

to th

e pr

ogre

ss o

f the

pro

ject

to E

lect

ed M

embe

rs e

very

tw

o m

onth

s or

mor

e fre

quen

tly if

con

side

red

nece

ssar

y.

GM

US

Ju

n 20

15

U

pdat

e bi

mon

thly

.

15.

9/12

/14

Com

mun

ity L

and

Rev

ocat

ions

(Ope

ratio

nal)

(C99

72) –

Tha

t a

furth

er re

port

be p

rese

nted

to C

ounc

il de

tailin

g th

e ou

tcom

e of

the

Com

mun

ity C

onsu

ltatio

n pr

oces

s fo

r the

land

des

crib

ed in

R

ecom

men

datio

n 2

abov

e, p

rior t

o re

ques

ting

Min

iste

rial a

ppro

val

for t

he re

voca

tion

of C

omm

unity

Lan

d cl

assi

ficat

ion,

sub

ject

to

Cou

ncil

dete

rmin

atio

n.

GM

US

Jul 2

015

Dis

cuss

ion

curr

ently

be

ing

held

with

re

leva

nt p

artie

s.

16.

27/1

/15

Sign

ifica

nt T

rees

(C10

001)

– T

hat t

he id

entif

ied

loca

tions

whe

re

a sp

ecie

s of

Euc

alyp

t or W

illow

Myr

tle h

as b

een

rem

oved

as

deta

iled

in th

e C

ounc

il R

epor

t 9 D

ecem

ber 2

014

“Sig

nific

ant

Tree

s in

the

Burn

side

(City

) Dev

elop

men

t Pla

n Si

te A

udit

Res

ults

(O

pera

tiona

l) (1

4.13

)” be

sub

ject

to a

repo

rt to

Cou

ncil

as s

oon

as

prac

ticab

le. T

his

repo

rt sh

ould

out

line

wha

t ste

ps w

ere

take

n to

pr

otec

t suc

h tre

es, w

hen

and

wha

t wer

e th

e re

ason

s fo

r rem

oval

an

d w

ere

all r

equi

rem

ents

und

er th

e le

gisl

atio

n an

d ou

r D

evel

opm

ent P

lan

Prin

cipl

es o

f Dev

elop

men

t Con

trol /

Obj

ectiv

es

desi

gned

to p

rote

ct s

uch

trees

, com

plie

d w

ith in

the

asse

ssm

ent

proc

ess.

GM

CD

S

Ju

l 201

5 O

n tra

ck.

17.

27/1

/15

Cod

e of

Pra

ctic

e –

Mee

tings

and

Doc

umen

ts –

Acc

ess

and

Proc

edur

es (S

trat

egic

) (C

1000

8) –

Tha

t all

feed

back

rece

ived

du

ring

the

cons

ulta

tion

perio

d w

ill be

pre

sent

ed to

Cou

ncil

alon

g w

ith a

ny re

com

men

ded

chan

ges

to th

e Po

licy

for c

onsi

dera

tion

for

adop

tion.

GM

CS

Jul 2

015

EM

Wor

ksho

p on

11

June

201

5. T

o be

pr

esen

ted

to C

ounc

il on

28

July

201

5

18.

27/1

/15

New

Pol

icy

– Pr

ivat

ely

Fund

ed D

evel

opm

ent P

lan

Amen

dmen

t (St

rate

gic)

(C10

015)

– T

hat t

he R

epor

t be

defe

rred,

to

be

retu

rned

to C

ounc

il fo

r con

side

ratio

n as

soo

n as

pra

ctic

able

.

CEO

Jul 2

015

Rep

ort d

efer

red

by

Cou

ncil

to 1

4 Ju

ly

mee

ting

19

. 24

/2/1

5 R

epor

t on

By-

Law

Man

agem

ent a

nd E

nfor

cem

ent

(Ope

ratio

nal)

(C10

065)

– T

hat t

he B

y-La

w M

anag

emen

t and

En

forc

emen

t Rep

ort b

e pr

ovid

ed to

Cou

ncil

on a

six

mon

thly

ba

sis.

GM

CD

S

Jul 2

015

O

n tra

ck.

20.

10/3

/15

Prop

osed

Har

d W

aste

Col

lect

ion

Serv

ice

Tria

l 201

5/16

(O

pera

tiona

l) (C

1008

5) –

Tha

t Adm

inis

tratio

n re

ports

to C

ounc

il no

late

r tha

n Ju

ne 2

016

the

resu

lts o

f the

Tria

l tha

t will

incl

ude

a re

com

men

datio

n on

the

ongo

ing

mod

el fo

r har

d w

aste

col

lect

ion

with

in th

e C

ity o

f Bur

nsid

e.

GM

US

Ju

n 20

16

O

n tra

ck.

33

NO

M

TG

DAT

E SU

BJE

CT

OFF

ICER

D

UE

DAT

E TA

RG

ET

DAT

E ST

ATU

S

21.

28/0

4/15

R

emed

iatio

n of

the

Ken

sing

ton

Roa

d Lo

okou

t (C

1012

7) –

Tha

t th

e Ad

min

istra

tion

pres

ent a

repo

rt to

Cou

ncil

as s

oon

as

prac

ticab

le re

gard

ing

the

issu

e of

the

rem

edia

tion

and

othe

r re

late

d is

sues

of t

he K

ensi

ngto

n R

oad

Look

out.

GM

US

Jul 2

015

On

track

.

22.

28/0

4/15

D

uke

Stre

et a

nd G

lyde

Str

eet,

Beu

lah

Park

– T

raffi

c R

evie

w

(Ope

ratio

nal)

(C10

140)

– T

hat t

he A

dmin

istra

tion

prov

ides

a

repo

rt on

the

appr

oach

and

requ

irem

ents

of a

40

km/h

spe

ed

zone

tria

l in

Beul

ah P

ark

by A

ugus

t 201

5.

GM

US

Aug

2015

O

n tra

ck.

23.

12/5

/15

Park

ing

on G

reen

hill

Roa

d, G

lens

ide

(C10

158)

– T

hat a

repo

rt be

pre

sent

ed to

Cou

ncil

in J

une

2015

. G

MU

S

Ju

ly 2

015

Rep

ort d

efer

red

by

Cou

ncil

to 1

4 Ju

ly

mee

ting

24

. 26

/5/1

5 Ph

ilip

Aven

ue, L

eabr

ook

– R

iver

Red

Gum

(C10

1841

) –

Th

at a

Rep

ort b

e pr

ovid

ed to

Cou

ncil

on o

ptio

ns a

vaila

ble

to

crea

te a

Cen

tury

of S

ervi

ce A

NZA

C th

emed

woo

d ca

rvin

g w

ith th

e st

ored

woo

d fo

llow

ing

the

rem

oval

of t

he s

igni

fican

t Riv

er R

ed

Gum

that

was

loca

ted

adja

cent

to th

e pr

oper

ty a

t 3 P

hilip

Ave

nue,

Le

abro

ok.

GM

US

Aug

2015

O

n tra

ck.

25.

23/0

6/15

Pr

opos

al fr

om S

t Pet

er’s

Girl

s’ S

choo

l for

Dev

elop

men

t of

Bel

l Yet

t Res

erve

(Str

ateg

ic) (

C10

230)

– T

hat a

furth

er re

port

be

brou

ght b

ack

to th

e C

ounc

il fo

r con

side

ratio

n fo

llow

ing

the

com

mun

ity c

onsu

ltatio

n pr

oces

s.

GM

US

Se

p 20

15

C

omm

unity

C

onsu

ltatio

n to

co

mm

ence

in S

choo

l Te

rm 3

. Cou

ncil

Rep

ort i

n Se

ptem

ber

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35

Council Agenda Item 15.2 14 July 2015

Item No: 15.2 To: Council Date: 14 July 2015 Author: Kevan Delaney – Manager, Engineering Services General Manager and Division

Nigel Morris – General Manager, Urban Services

Contact: 8366 4257 Subject: WATERPROOFING EASTERN ADELAIDE – REGIONAL

SUBSIDIARY MEMBERSHIP (OPERATIONAL) Attachments: Nil Prev. Resolution: C10235, 23/6/15

C10165, 12/5/15 C10109, 31/3/15 C9615, 25/2/14 C9003, 29/1/13 C8873, 25/9/12 C7755, 12/12/09 S7304, 17/11/09

Officer’s Recommendation

1. That the Report be received.

2. That the Chief Executive Officer be appointed as the Board Member representing the City of Burnside for a period of two years pursuant to Clause 3.4 of the Eastern Region Alliance Water Charter and that said appointment comes into effective from the date that the Subsidiary is established by Gazette.

3. That General Manager, Urban Services be appointed as the Deputy Board Member, pursuant to Clause 3.5 of the Eastern Region Alliance Water Charter and that said appointment comes into effective from the date that the Subsidiary is established by Gazette.

Purpose

1. To seek endorsement from Council to appoint the Board Member and a Deputy Board Member to the Eastern Region Alliance (ERA) Water Subsidiary.

Strategic Plan

2. The following Strategic Plan provisions are relevant:

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

“Delivery of good governance in Council business”

“A respected organisation that is resilient, progressive and adaptable with a culture that encourages well-being, learning and development”

36

Council Agenda Item 15.2 14 July 2015

Communications/Consultation

3. The issue has been discussed with the Waterproofing Eastern Adelaide project manager and as part of the CEO Steering Group.

Statutory

4. The Local Government Act 1999 is relevant in this instance, particularly section 43:

43—Ability of councils to establish a regional subsidiary

(1) Two or more councils (the constituent councils) may establish a regional subsidiary—

(a) to provide a specified service or services or to carry out a specified activity or activities; or

(b) to perform a function of the councils under this or another Act.

(2) If a regional subsidiary is established to perform a regulatory activity of the constituent councils, the subsidiary cannot also perform a significant and related service activity.

Note— A service activity is related to a regulatory activity if the service is one that is regulated under the regulatory activity.

(3) The establishment of a regional subsidiary under this section is subject to obtaining the approval of the Minister to the conferral of corporate status under this Act.

(4) The establishment of a regional subsidiary does not derogate from the power of a constituent council to act in a matter.

Note— Schedule 2 contains other provisions relevant to a regional subsidiary established by two or more councils under this section.

Policy

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

Water Sensitive Urban Design

Risk Assessment

6. There are no risks associated with the recommendation.

Finance

7. There are no financial implications for the City of Burnside in respect of the recommendation. Any costs have been the subject of previous reports.

37

Council Agenda Item 15.2 14 July 2015

Discussion

The Project

8. During the last drought period, the ERA Councils were concerned that the State Government’s water restrictions on reserve irrigation gave little regard to the expectations of the community to ensure open space was appropriately maintained. Water management decisions at a local level were removed from the control of local government.

9. The Waterproofing the East project was initiated by the Councils in 2009 with a feasibility study to determine whether a stormwater recycling project to address these concerns was conceptually viable.

10. The Chief Executive Officers of the participating Councils, through participation in the Project Steering Group (PSG), have been managing the project. The CEO of Walkerville is the Project Director. The objectives of the project are to:

10.1 provide recycled stormwater to reserves of each of the participating councils to a quantity nominated by the Councils;

10.2 ensure the project is environmentally and economically sustainable; and

10.3 ensure that the project provides certainty with regard to the economic and environmental outcomes.

11. The project progressed with the following five Councils: Tea Tree Gully, Campbelltown, Norwood Payneham and St Peters, Walkerville and Burnside. Tea Tree Gully and Campbelltown have withdrawn from the project.

12. Council endorsed participating in the project on 26 May 2015 and agreed to a modified subsidiary charter on 23 June 2015 to address a requirement of Norwood Payneham and St Peters in respect of the notice period before a Council may withdraw from the subsidiary.

Discussion

13. The Milestones are:

13.1 approval from the Minister of Local Government for the Subsidiary and its Charter, including its gazettal;

13.2 appointment of Board members;

13.3 completion of and signing of the Stage 2 Funding Agreement with the Commonwealth. Of particular concern to the Commonwealth has been the delay in the formation of the Subsidiary and adequate timeframes to enable construction completion dates to be set. At this stage it seems that we are likely to exceed the construction completion deadline due primarily to the delays in forming the Subsidiary;

13.4 development of statutory policies and procedures and their subsequent approval by the Board;

13.5 awarding of the pipe construction and electrical mechanical contracts;

38

Council Agenda Item 15.2 14 July 2015

13.6 further consultation on the design of wetlands particularly with the residents of Norwood Payneham and St Peters and Walkersville in regard to pump stations, bores, power boxes and tanks as required;

13.7 planning approvals for structures and amendments to Constituent Council Community Plans as required;

13.8 licence applications to be granted by the regulator (ESCOSA) to market water to the Constituent Councils and others (customers);

13.9 water supply contracts to be entered into and signed;

13.10 appointment of the Chairperson of the ERA Water Board; and

13.11 appointment of the General Manager of the ERA Water Board.

14. All of the member Councils have now endorsed the Charter for the Regional Subsidiary. The Regional Subsidiary may now be established and the Project Director has progressed the submission to the Minister for approval.

15. The Subsidiary Board membership will consist of a member from each constituent Council and an independent chair. This is extremely urgent and would allow for actioning of the operational issues outlined above, and in particular awarding of construction contracts.

16. Extract from the draft Charter:

3.4 Membership of the Board

3.4.1 The Board shall consist of four (4) members appointed as follows:

3.4.1.1 Constituent Council Board Members

Each Constituent Council must appoint for a maximum period of two (2) years and on such other conditions as the Constituent Council may determine one (1) person (who may be the Chief Executive Officer of that Constituent Council), to be a Board Member and may at any time terminate or revoke that appointment and appoint another person to be a Board Member;

17. It is recommended in this report that the Burnside Board member be the Chief Executive Officer.

18. In addition to the Board member, a deputy member must be appointed. Extract from the draft Charter:

3.5 Deputy Board Members

3.5.1 Each Constituent Council must appoint a person to be a Deputy Board Member for such term as determined by that Constituent Council who may act in place of that Constituent Council's Board Member if the Board Member is unable for any reason to be present at a meeting of the Board and may at any time revoke or terminate that appointment and appoint another person to be a Deputy Board Member.

19. It is recommended in this report that the Burnside Deputy Board member be the General Manager, Urban Services.

39

Council Agenda Item 15.2 14 July 2015

20. Whilst the provisions of the Charter provide for choice by the Constituent Councils as to the appointment of persons other than the CEOs, delays should be avoided and knowledge of the project and its continuity is important during the construction phase in the first two years to ensure that the Subsidiary meets its Stage 2 milestones.

21. As can be observed by the range of operational issues mentioned above, considerable support for continuity of the project is paramount and therefore strong support for the appointment of Board members who are across the issues and have administrative powers to assist in fast tracking the administrative approvals by the Councils is required.

40

Council Agenda Item 15.3 14 July 2015 Item No: 15.3 To: Council Date: 14 July 2015 Author: Mark Asclipenos – Principal Governance Officer General Manager and Division

Martin Cooper – General Manager, Corporate Services

Contact: Subject:

8366 4275 BURNSIDE WAR MEMORIAL HOSPITAL BOARD – APPOINTMENTS (OPERATIONAL)

Attachments: A. Letter from Burnside Hospital CEO dated 21 May 2015 B. Letter from Burnside Hospital CEO dated 29 June 2015 C. Burnside Hospital Constitution

Prev. Resolution: C7446, 21/4/2009 C7575, 18/8/2009 C8185, 12/04/2011 C9425, 24/09/2013 C9951, 25/11/2015

Officer’s Recommendation

1. That the Report be received.

2. That Council endorses the appointments of Dr Andrew Lord, Dr Lino Scopacasa, Ms Anne Hinton and Mr Larry Opie to the Board of the Burnside War Memorial Hospital Incorporated.

Purpose

1. To provide Elected Members with correspondence dated 21 May 2015 (Attachment A) and correspondence dated 29 June 2015 (Attachment B) from Heather Messenger, Chief Executive Officer (CEO), Burnside War Memorial Hospital Incorporated (the Hospital) regarding the appointment of four Hospital Board Members – Dr Andrew Lord, Dr Lino Scopacasa, Anne Hinton and Larry Opie and requesting Council endorsement of these appointments.

Strategic Plan

2. The following Strategic Plan provisions are relevant:

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

“A community that can access a range of information, services and opportunities that enhance their lives”

“An empowered Council and Administration that is visionary and innovative in meeting community needs”

41

Council Agenda Item 15.3 14 July 2015 Communications/Consultation

3. The following communication / consultation has been received:

3.1 Letter dated 21 May 2015 and 29 June from Heather Messenger, Chief Executive Officer of the Hospital.

Statutory

4. The following legislation is relevant in this instance:

Associations Incorporation Act 1985

Policy

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

Risk Assessment

6. There are no risks associated with the recommendation.

Finance

7. There are no financial implications for the City of Burnside in respect of the recommendation. Any payment to Board Members is the direct responsibility of the Hospital.

Discussion

Background

8. The Hospital is an incorporated body with its own Board and management structure.

9. In compliance with the Hospital’s Constitution, the Board currently has 12 members consisting of three ‘Council Governors’ (Members of the Council) and nine ‘Ordinary Governors’ (Non Council Members). The ratio of 1:4 complies with the Constitution requirement that the ratio to be not less than 1:4 nor greater than 1:3.

10. The Council Governors positions (Council members) are currently held by Councillors Davey, Osterstock and Bagster.

11. At least two medical practitioners are required to be appointed as Ordinary Governors to the Hospital Board, in accordance with clause 8.2.2 of the Hospital’s Constitution (Attachment C).

12. Under the terms of the Hospital Constitution, Council has final approval in regard to the appointment of a Board Member.

13. Ordinary Governors shall hold office for three years, in accordance with clause 8.2 of the Hospital’s Constitution.

Analysis

14. Two letters have been received from Heather Messenger, Chief Executive Officer of the Hospital, dated 21 May 2015 (Attachment A) and 29 June 2015 (Attachment B) respectively, requesting that the Council approve the appointment of four Hospital

42

Council Agenda Item 15.3 14 July 2015

Board Members (Ordinary Governors) – Dr Andrew Lord, Dr Lino Scopacasa, Anne Hinton and Larry Opie.

Dr Andrew Lord

15. In December 2014, Dr Clive Hoffman retired from the Hospital Board and also tendered his resignation as chairman of the Hospital’s two clinical board sub-committees (the Medical Executive and Clinical Privileges Review Committees), in March 2015.

16. In March 2015, Dr Andrew Lord, an accredited visiting general surgeon, was appointed as a Director (Ordinary Governor) of the Hospital Board. Dr Lord was also appointed as the new chairperson of the Medical Executive and Clinical Privileges Review Committees.

17. Dr Lord will be the second visiting medical officer representative on the Board, the first being Dr Lino Scopacasa, who was first appointed in April 2009.

18. The CEO of the Hospital has requested the Council’s consideration and approval of Dr Lord’s Hospital Board appointment (as an Ordinary Governor).

19. The Administration can confirm that the appointments of Dr Lord along with Dr Scopacasa (below) will ensure the Board remains with at least two Ordinary Governors who are medical practitioners, in accordance with clause 8.2.2 of the Hospital Constitution.

Dr Lino Scopacasa, Anne Hinton and Larry Opie

20. The Administration has identified that with respect to Dr Scopacasa, that his initial appointment to the Board of the Hospital was initially endorsed by Council on 21 April 2009, until 31 August 2009.

21. Dr Scopacasa’s appointment to the Hospital Board was extended by the Board on 24 June 2009 for a further three years (in accordance with the Hospital’s Constitution). This appointment was subsequently endorsed by the Council on 18 August 2009 for a period for three years, expiring at the end of September 2012.

22. Also on 24 June 2009, the Hospital Board appointed Anne Hinton and Dr Clive Hoffman to the Board (it is noted that Dr Hoffman retired in December 2014). These appointments were also endorsed by the Council on 18 August 2009 for a period for three years, expiring at the end of September 2012.

23. The CEO of the Hospital has reviewed the Hospital’s records and was unable to locate any further correspondence between the hospital and the Council requesting endorsement of the re-appointments of Dr Scopacasa and Ms Hinton, who have continued to be Board members since this time.

24. The CEO of the Hospital has advised that upon an audit of the Hospital’s records, it has also become evident that the same situation exists for Larry Opie, whose terms as Ordinary Governor expired in August 2011, and then August 2014. The CEO of the Hospital has advised that the Board meeting minutes of August 2011 state that Mr Opie was due to resign at that time in accordance with his term of appointment and that he would be seeking re-nomination. It was agreed at the meeting that the appointment of any replacement Board members be delayed until the outcome of the Council’s deliberations of the amendment’s to the Hospital’s Constitution were made known. Mr Opie has continued to be Board member since this time.

25. The CEO of the Hospital has advised that, a review of the Board minutes of November 2012 show a reference to Dr Scopacasa, Ms Hinton and Dr Hoffman, whose terms

43

Council Agenda Item 15.3 14 July 2015

were due to expire, however the discussions around re-appointment of these Board members were also deferred as to such time as the outcome of the Council’s deliberations on the proposed amendments to the Hospital’s Constitution.

26. A review of the Council’s records reveals that up until the latest correspondence received (dated 21 May 2015 and 29 June 2015) no correspondence has been received by the Council from the Hospital, advising that Dr Scopacasa, Ms Hinton, Mr Opie and Dr Hoffman had been reappointed, and seeking that such re-appointments be endorsed by the Council.

27. The CEO of the Hospital confirms this and has advised that this has been the result of an omission due to an administrative oversight within the context of the constitutional discussions, by the Hospital’s Board to seek formal endorsement of Dr Scopacasa, Ms Hinton, Mr Opie and Dr Hoffman (who retired in December 2014).

28. The CEO of the Hospital has advised that notwithstanding the above, that the Council can be assured that the Hospital was of the view at the time that both Dr Hoffman and Dr Scopacasa were appropriate people to be members of the Board of the Hospital to fill the two medical practitioner specialist positions, given their excellent clinical reputation and intimate knowledge of the Hospital and that the Board continues to be of this view.

29. The CEO of the Hospital further advises that the Board of the Hospital was of the view, and continues to be of the view, that both Ms Hinton and Mr Opie were appropriate people to be members of the Board of the Hospital given their legal and financial knowledge and intimate knowledge of the Hospital.

30. The CEO of the Hospital advised the above matters were raised for discussion at the Hospital’s Board meeting on 24 June 2015 and it unanimously resolved to recommend to the Council that it endorse the appointments of Dr Scopacasa, Ms Hinton, and Mr Opie to the Board of the Hospital (as Ordinary Governors) for a three-year term, to take effect from the date of endorsement.

Conclusion

31. In accordance with the Hospital’s Constitution, Council endorsement is sought for the approval of Dr Andrew Lord, Dr Lino Scopacasa, Anne Hinton and Larry Opie to the Board of The Burnside War Memorial Hospital Incorporated for a term of three years.

44

-1 " ,.. ; !~,... ’i

SCf~ rtl~! . ,A. t.t- I

25 MAY 2015. .! C~’I Of iI~rr~~~;..J

BURNSIDE

HOSPITAL

21 May 2015

Mr Paul Deb

Chief Executive Officer

City of Burnside

PO Box9

Glenside SA 5065

Established as a living memorial to those who

served in war

Dear Paul

I wish to inform the Council of the City of Burnside of recent changes to the ~embership of the Burnside War

Memorial Hospital’s Board of Directors.

I

In December 2014, Dr Clive Hoffmann retired from the Board after

more1han 10 years of service in this

capacity. Dr Hoffmann also subsequently tendered his resignation as chair an of the hospital’s two clinical

board sub-committees, the Medical Executive and Clinical Privileges Review C mmittees, in March 2015. i

Dr Andrew Lord, an accredited visiting general surgeon was appointed as t e new chairman of the Medical

Executive and Clinical Privileges Review Committees and subsequently was Iso appointed to the Board of

Directors in March 2015. Dr Lord will be the second visiting medical officer r presentative on the Board, the

first being Dr Lino Scopacasa who was first appointed in May 2009.

The Burnside Hospital would appreciate the Council’s consideration and appr val of Dr Lino Scopacasa and Dr

Andrew Lord’s respective board appointments.

Please do not hesitate to call me should you have any questions in relation to t~iS matter.

Yours sincerely

~Uv~u-rHeather Messenger

Chief Executive Officer

cc Mr Frank Kite, Chairman, Board of Directors, Burnside War Memorial Hospital

The Burnside WCU’ Memorial Hospital Inc. i 120 Kensington Road Toorak Gardens South Australia S06p

H’\LM\201S\c."..p.nd.nc.\Oeb_2~_ (08) 8202 7222 Facsimile (08) 8364 0038 E-mail [email protected] A.B.N. 84 816 192 280

I

A~I"_r"’.tP.d with th. Aud’rolian Cnun,.1l

n.. JI.u.I.""",_ C.__~__A..

45

Bortoluzzi
Attachment A

<ii;k - <J

rrlS,29 June 2015

BURNSIDEHOSPITAL

Mr Paul Deb

Chief Executive Officer

City of Burnside

PO Box 9

GLENSIDE SA 5065

Established as a livingmemorial to those who

served in war

Dear Paul

I write further to my correspondence of 21 May 2015 advising of changes to the membership of the Burnside

War Memorial Hospital"s Board of Directors following Dr Andrew Lord joining the board in March 2015, and a

subsequent query from Mr Mark Asclipenos, Principal Governance Officer about Dr Scopacasa"s

reappointment. Reference had also been made to Dr Scopacasa in the Ietter.

A review of the hospital records was undertaken and I was unable to locate any correspondence between the

hospital and the council in relation to Dr Scopacasa other than a letter dated 24th April 2009 from the council

endorsing Dr Scopacasa's appointment to the board. Dr Scopacasa has continued to be a board member since

this time.

In light of this, an audit was undertaken of the records of endorsement of board appointments by the City of

Burnside using both correspondence received from the City of Burnside and minutes of hospital board

meetings and it has become evident that the same situation exists for Mr Larry Opie (terms expired in August

2011 and 2014) and Ms Anne Hinton (term expired in November 2012).

The minutes of the Board of Director's meeting of August 2011 state that Mr Opie was due to retire at this

time in accordance with his term of appointment and that he would be seeking renomination. It was agreed at

the meeting that the appointment of any replacement board members be delayed until the outcome of the

council's deliberations about the constitution was made known.

In the board meeting minutes of November 2012, there is a reference to three directors (Ms Hinton, Dr

Hoffman and Dr Scopacasa) whose terms were due to expire. The discussion was again deferred as to such

time as the outcome of the council"s deliberations on the constitution amendments were made known.

It appears that, noting that the constitutional matter remains outstanding, there has been an omission due to

an administrative oversight within the context of the constitutional discussions, by the hospital's Board to seek

formal endorsement from the City of Burnside of these four board directors (Mr Larry Opie, Ms Anne Hinton,

Dr Hoffmann and Dr Scopacasa). Dr Hoffman retired in December 2014.

Notwithstanding the above, please be assured that the hospital was of the view at the time that both Drs

Hoffmann and Scopacasa were appropriate people to be members of the Board of Directors to fill the two

The Burnside War Memorial Hospital Inc.120 Kensington Road Toorak Gardens South Austra}ia 5065

Telephone (08) 8202 7222 Facsimile (08) 8364 0038 E-mail [email protected]. 84 816 192 280

Accredited with the Australian Council on Healthcare Standards

46

Bortoluzzi
Attachment B

Piigel2

medical practitioner specialist positions given their excellent clinical reputation and intimate knowledge of the

hospital and the board continues to be of this view.

Again the Board of Directors was of the view and continues to be of the view that both Mr Opie and Ms Hinton

were appropriate people to be members of the Board of Directors given their key Iegal and financial

knowledge and intimate knowledge of the hospital.

The matter was raised for discussion at the Board of Directors meeting on 24 June and it was unanimously

resolved to recommend to the City of Burnside that it endorse appointment of Ms Anne Hinton, Mr Larry Opie

and Dr Lino Scopacasa to the Board of Directors (ordinary governors) for a three year term, to take effect from

the date of endorsement.

Please do not hesitate to call me if you have any questions about this matter on 8202 7208.

Yours sincerely

?,)'yk?. '-?-d awHeatFiet? Messenger

Chief Executive Officer

CC Mr Frank Kite, Chairman, Board of Directors

Mr Mark Asclipenos, Principal Governance Officer, City of Burnside

Hil ayvoWmvx*i)!hmy 10!I.]oga

47

L:\PERM\PER\EA\BURNSIDE HOSPITAL CONSTITUTION APRIL 2001.doc

CONSTITUTION

OF

THE BURNSIDE WAR MEMORIAL HOSPITAL INCORPORATED

AS ADOPTED ON 3 APRIL 2001

This is the annexure marked “A” referred to in

the statutory declaration of Robert Nicholas

Warden made on the day of

2001 before me:

……………………………………………………. Justice of the Peace

48

Bortoluzzi
Attachment C

L:\PERM\PER\EA\BURNSIDE HOSPITAL CONSTITUTION APRIL 2001.doc

1. NAME

The name of the Hospital is “The Burnside War Memorial Hospital Incorporated.”

2. ESTABLISHMENT

The Hospital is an incorporated association in accordance with the meaning of that expression contained in the Act.

3. DEFINITIONS

3.1. Act

Shall mean the Associations Incorporation Act 1985 (as amended).

3.2. Chief Executive Officer

The Chief Executive Officer shall mean the person responsible directly to the Board for the total operation of the Hospital.

3.3. The Board

Shall mean the Board of Governors of the Hospital.

3.4. Commission

Shall mean the South Australian Health Commission.

3.5. Council

Shall mean the City of Burnside.

3.6. Director of Nursing

Shall mean the person responsible to the Chief Executive Officer for the nursing service of the Hospital.

3.7. Financial Year

Shall mean the twelve month period between the 1st July and the 30th June in the year following.

3.8. Hospital

Shall mean the Burnside War Memorial Hospital Incorporated.

3.9. Hospital By-Laws

Shall mean by-laws and local regulations in respect of the Hospital made pursuant to clause 17.

49

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L:\PERM\PER\EA\BURNSIDE HOSPITAL CONSTITUTION APRIL 2001.doc

3.10. Member

Shall mean a member of the Board.

3.11. Minister

Shall mean the Minister of Health for the State of South Australia.

3.12. State

Shall mean the State of South Australia.

4. VESTING OF PROPERTY

All plant, equipment, other chattels, money and securities of all and every kind, shall be the property of the Hospital, and shall be held in the name of the Hospital.

5. OBJECTIVES

5.1. To perpetuate the memory and sacrifice of those who gave their lives in World Wars 1 and 2 and for the purpose to take over the property at Kensington Road, Toorak Gardens in the said State, presented by Otto Georg Ludwig von Rieben, and known as “Attunga”, and to apply the funds raised by the public subscription for a Burnside War Memorial Hospital, to establish, maintain and conduct a public hospital or hospitals at “Attunga” or such other place or places within the City of Burnside or elsewhere, as may be determined pursuant to the Hospital Regulations.

5.2. To have regard for the Deed of Gift between Otto Georg Ludwig von Rieben and the Corporation of the City of Burnside dated 14th March, 1948.

5.3. To provide Hospital facilities, health care facilities and medical, surgical, outpatient, convalescent, nursing and other allied facilities in all their aspects for the treatment of any medical, physical or emotional condition.

5.4. To invest in or be involved in any other way with the provision of facilities or programmes of the type referred to in these objectives.

5.5. To provide or promote paramedical services that are compatible with other stated objectives.

5.6. To promote the philosophies and objectives of Accreditation as laid down by the Australian Council on Hospital Standards.

6. RIGHTS, POWERS, DUTIES AND FUNCTIONS OF THE HOSPITAL

Pursuant to the objectives referred to in clause 5, the Hospital is empowered:

6.1. to provide facilities for the care and treatment of all sick people;

6.2. to engage in, carry on or provide services designed to alleviate health problems;

50

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L:\PERM\PER\EA\BURNSIDE HOSPITAL CONSTITUTION APRIL 2001.doc

6.3. to provide or assist in the provision of facilities for, or in connection with education, instruction or training in such professional or other fields of knowledge or expertise relating to the provision of health service or research as the Board may think desirable;

6.4. to liase and co-ordinate with other agencies or organisations in promoting and providing for the general health of the residents of the areas usually served by the Hospital;

6.5. to enter into any arrangement with any Government or other authority that may seem conducive to the Hospital’s objectives; and to obtain from any such authority any rights, privileges and concessions which the Hospital may think it desirable to obtain;

6.6. to own, acquire or occupy any real property and without limiting the generality of that empowering provision for that purpose to take on lease or licence any real property and to sub-let or sub-licence the same;

6.7. to carry out construction, improvement, renovation, maintenance or otherwise to any real or personal property in which the Hospital shall have an interest to advance the Hospital’s objectives;

6.8. to borrow money, from any person or body corporate for the purpose of carrying out any of its objects, and to secure the repayment or performance of any debt, liability, contract, guarantee or other engagement incurred or to be entered into by the Hospital, in any way and in particular but without limiting the generality of the foregoing charged upon all or any of the property (both present and future) of the Hospital; and to purchase, redeem or pay, any such security;

6.9. to invest or otherwise deal with the money of the Hospital not immediately required for the purpose of carrying out the objects of the Hospital;

6.10. to open and operate on any current account at a bank or to conduct any other lawful activity with a bank;

6.11. to sue or be sued in its corporate name;

6.12. to do all such things as are incidental or conducive to the attainment of the Hospital’s objects, power and functions;

6.13. to have such rights, powers, authorities, functions, duties and obligations in addition to those hereinbefore provided by the Act.

6.14. subject to prior Council approval, to amalgamate or enter into partnership or into any arrangement for the sharing of surpluses, union of interests, co-operation, joint venture, management, reciprocal concession or otherwise, with any person or company so as to directly or indirectly benefit the Hospital provided that at all times the “not for profit” status of the Hospital is maintained.

6.15. subject to prior Council approval, to promote and form companies, body corporate or associations for the prosecution or execution of undertakings, works, projects or enterprises of any kind and to transfer to any such company body corporate or association all or any of the property of the

51

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Hospital provided that at all times the “not for profit” status of the Hospital is maintained.

6.16. To give a guarantee or indemnity in respect of the obligations of any person or body corporate with or without security.

7. THE SEAL

7.1. The Common Seal shall be affixed to a document after a resolution has been passed by the Board, and shall be witnessed by a member of the Board and countersigned by the Chief Executive Officer, or in his absence by a person authorised by the Board in that behalf.

7.2. The Chief Executive Officer shall be responsible to ensure that the Common Seal while not in use is at all times kept under lock and key, at the Hospital, or at such other place as may be approved by the Board of Management from time to time.

8. THE BOARD

The management of the Hospital shall be vested in the Board consisting of not more than twelve persons and no less than nine persons. Where the maximum number exists, there shall be three “Council Governors” with the remaining members being called “Ordinary Governors”.

Where there shall be a lesser number than twelve Members, the ratio of “Council Governors” to “Ordinary Governors” shall, where possible, be in the same proportion as already expressed in this section and that such ratio shall be not less than 1:4 nor greater than 1:3.

8.1. Council of Governors

The persons appointed to hold office as Council Governors shall be members of the Council and shall only hold office so long as they continue to be members of the Council. They shall otherwise hold office during the pleasure of the Council and may be appointed and removed from office from time to time by resolution of the Council.

8.2. Ordinary Governors

Where practicable, and written as criteria, not as rules, the Ordinary Governors, of whom at least two shall be men and at least two shall be women, shall be residents of the Council at the time of appointment. Based on a twelve member Board, it is desirable that the Ordinary Governors shall comprise:

8.2.1. at least one member of a Sub-Branch of the Returned and Services League (RSL). operating in the Council area;

8.2.2. at least two medical practitioners;

8.2.3. at least one member of the Hospital Women’s Auxiliary.

The Ordinary Governors shall hold office for three years and three of them shall retire at the end of each year.

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The three Ordinary Governors required to retire at the end of each year shall be those three who have been longest in office since the date of their appointment or reappointment.

A retiring Ordinary Governor shall be eligible for re-appointment.

New appointments or reappointment for Ordinary Governors shall be made by the Council having regard to recommendations from the Board.

Where a casual vacancy arises, the unexpired portion of the term may be filled by an appointment made by Council having regard to the recommendation of the Board.

An Ordinary Governor shall not be removed from office during the term of his appointment except by resolution passed at a special meeting of the Council called for that purpose and carried by an absolute majority of the members of the Council.

In the event of a Member being granted leave of absence for a period of three months or more, the Board may, with the approval of the Council, appoint a substitute Member. The appointee while holding office as a substitute Member shall be entitled to receive notice of meetings and to attend and vote thereat as a Member.

Any appointment so made may be revoked at any time by a majority of the other Members.

8.3. The President and Vice-President

The Board of Governors shall among their number appoint annually a President and a Vice President.

The President, or in his absence, the Vice President, shall be the Chairman of all meetings of the Board. If neither are present, the Board shall elect one of the Members present to act as Chairman at such meeting. Questions arising at any meeting of the Board shall be determined by a majority of votes, but the Chairman shall in every case be entitled to a deliberative vote, and in case of equality have a casting vote. Five members of the Board shall form a quorum.

8.4. Functions of the Board

The functions of the Board shall be:

8.4.1. to ensure the general governance of the Hospital by:

8.4.1.1. the adoption of Hospital By-Laws in accordance with its community and regional responsibility;

8.4.1.2. the establishment of a suitable organisation structure;

8.4.1.3. the appointment of appropriate executive staff;

8.4.1.4. the establishment and maintenance of procedures for the efficient conduct of the business of the Board;

8.4.2. to establish and update policies for the Hospital;

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8.4.3. to develop and continuously update a long-term plan for the Hospital and ensure that decisions are made in accordance with that plan;

8.4.4. to monitor and evaluate the strategies including plans and programs by which these long-term objectives are being reached so that they are in accord with the Hospital’s overall policies and objectives;

8.4.5. to provide for the long-term financial stability of the Hospital;

8.4.6. to ensure a harmonious relationship with Government and allied agencies;

8.4.7. to approve the selection of visiting medical staff and ensure that it is properly organised;

8.4.8. to ensure the evaluation of all areas of performance including the quality of patient care;

8.4.9. to take any other actions as may be necessary to comply with its objectives.

8.5. Meeting of the Board

8.5.1. The Board shall meet at least once each month.

8.5.2. The Chief Executive Officer, may at the request of the Chairman, or upon receipt of a request in writing by half the Members to do so, call a special meeting of the Board by notice in writing stating the place, time and object of the meeting.

8.5.3. At any meeting of the Board, a quorum for the purpose of transacting all business of the Board shall be five Members. If after twenty minutes after the hour appointed for the meeting a quorum is not present, such meeting may stand adjourned for a period not exceeding one week and if a quorum is not present at such adjourned meeting, the meeting shall lapse.

8.5.4. The Chief Executive Officer may, with the authority of the Chairman and by notice to each Member, alter the time and/or place of an ordinary meeting.

8.5.5. Should any Member, including the Chairman, be absent from three consecutive meetings without leave of the Board, the Member’s office shall become vacant.

8A. INDEMNITY 8A.1 To the extent permitted by law, the Hospital:-

8A.1.1 must indemnify each person who is, or has been, an officer of the Board against any liability incurred by the person as an officer of the Board;

8A.1.2 may pay a premium for a contract insuring an officer of the Board

against that liability.

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8A.2 To the extent permitted by law, the Hospital may enter into an agreement or

deed with an officer of the Board in the form, or substantially in the form, of the document in Annexure A under which the Hospital must to the extent it is permitted by law, do all or any of the following:-

8A.2.1 keep a set of the Hospital’s books (including minute books) and allow

the officer and the officer’s advisers access to the books for any period agreed;

8A.2.2 indemnify the officer against any liability incurred by the officer as an

officer; 8A.2.3 keep the officer insured for any period agreed in respect of any act or

omission by the officer while an officer. 8A.3 In this clause, “officer” has the same meaning as in the Act. 9. COMMITTEES

9.1. The Board may appoint committee(s) for such time and such purposes as it deems fit, with power to invite other persons to act on such committee(s) at the Board’s discretion.

9.2. Committees formed as outlined in Clause 9.1 shall appoint a Chairman amongst their membership and the Chairman of the Board shall be an ex-officio member of all such committees.

9.3. Committees referred to in Clause 9.1 shall report to meetings of the Board as required.

10. VISITING MEDICAL STAFF

10.1. Visiting medical staff to the Hospital shall be medical practitioners who are legally qualified and duly registered in South Australia.

10.2. Each visiting Medical Staff member shall have control of the patient(s) admitted by his order. Emergency cases may be admitted by the Director of Nursing or the Nurse in Charge.

10.3. The Board in consultation with the Chairman of the Medical Committee, may require the admission or discharge of any patient.

10.4. The Board has the power to either restrict or remove the clinical privilege granted to a member of the Medical or Dental Staff on the recommendation of the Medical Privileges Advisory Committee.

11. EXECUTIVE AND OTHER STAFF

11.1. The positions of Chief Executive Officer and Director of Nursing shall be appointments made by the Board, on such terms and conditions deemed appropriate by the Board having regard for relevant industrial award/agreements.

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11.2. The Chairman, or in his absence the Vice Chairman, may suspend any employee of the Hospital if, in his opinion, such employee has been guilty of theft, wilful disobedience, or any other misconduct prejudicial to the interest of the Hospital, until such time as the Board shall have considered the offence and given its decision. If the Board is satisfied that the offence is of a sufficiently serious nature it may dismiss the employee as from the date of suspension. Any employee dismissed in such circumstances shall not, unless the Board decides otherwise, be entitled to any salary or wages in respect of the period of suspension.

If the Board is of the opinion that the offence is not sufficiently serious to warrant dismissal, it may direct that other lesser disciplinary action be taken.

12. PATIENTS

12.1. The Hospital shall be open to all members of the public except that priority may be given to:

• the servicemen and women of World Wars 1 and 2 and their dependants;

• the descendants of such servicemen and women who are deceased, being resident within the Council area;

• members of the Burnside War Memorial Hospital Association; and

• other bona fide residents of the Council area.

The Board shall have due regard to the claims of poor persons.

12.2. A patient may be discharged on the direction of his Medical Officer, or his locum tenens, in consequence of wilful disobedience of the lawful requirements of the Hospital, or for misconduct.

12.3. A patient shall not be permitted to leave the premises of the Hospital without the special permission of his Medical Officer, the Director of Nursing, or Nurse-in-Charge. Any patient doing so shall be liable to discharge from the Hospital.

12.4. Any case of a patient being discharged as provided in Clauses 12.2 or 12.3 shall be reported forthwith to the Administrator by the Medical officer upon whose order such patient was admitted to the Hospital.

13. VISITORS

The Board shall determine the days, times and conditions upon which persons may be permitted to visit patients.

14. AUDITOR

The Board shall annually appoint an Auditor, who shall not be a member of the Board or an officer of the Hospital.

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The Auditor shall hold the qualifications necessary for an Auditor of Companies as required by the Corporations Law.

15. MISCELLANEOUS

15.1. Hospital Association

The Board may establish a Burnside War Memorial Hospital Association, consisting of members who, on payment of a regular subscription, will be entitled to receive treatment at the Hospital for themselves and/or their families, on such terms as may be decided. The rules of such Association must be approved by the Council.

15.2. Application of Surplus Revenue

The Hospital shall not be conducted with a view to gain, and any surplus of revenue over expenditure shall be used or applied for or towards the future maintenance, extension or improvement of the Hospital, the reduction of fees and charges, or such other purposes and objects for the benefit of the Hospital as the Board may deem fit.

15.3. Special Trust Funds

The Board may establish a Separate Trust Fund, or Funds, for any special purpose within the scope of its powers under this Constitution and may accept any real or personal property upon such conditions or trusts as may be laid down by the donors and may apply any particular such Fund together with any income therefrom for the purpose of providing for the admission, care and treatment at the Hospital of indigent ex-service personnel and their immediate dependants, and for such other necessitous cases and purposes as may be determined by the Board.

15.4. Statement of Accounts

The Board shall prepare a Balance Sheet as at 30th June each year together with an Income and Expenditure Account for the year ending on that date.

15.5. Annual Report to Council

The Board shall not later than the 30th day of September in each year furnish to the Council a report on the Establishment, Conduct and Management of the Hospital together with a copy of the Balance Sheet and Income Expenditure Account and of the report of the Auditor thereon together with such other particulars as the Council may require. The Board shall also, if and when required by the Council so to do, furnish a full and detailed Report in respect of any matter concerning the Hospital.

15.6. Prohibition of Distribution to Members

15.6.1. The income and property of the Hospital must be used and applied solely to the promotion of its objectives and the exercise of its powers.

15.6.2. No portion of the income or property of the Hospital may be distributed directly or indirectly to or among the members, former

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members or associates of members or former members of the Hospital.

15.6.3. Nothing in this rule prevents the payment in good faith of remuneration to any officer or employee of the Hospital, to any member of the Hospital or other person for services actually rendered to the Hospital, or to any member of out of pocket expenses, money lent or reasonable and proper charges for the hire of goods, rent for premises or the provision of services by the member.

16. ALTERATION TO CONSTITUTION

Provided that the Council has, by resolution, granted its approval, the Board may from time to time, amend, repeal or add to this Constitution as thought fit.

17. BY LAWS

The Board shall have power to make such By-Laws, and local Regulations as may from time to time be found necessary, provided that they shall not be inconsistent with this Constitution.

The Burnside Council may also seek to recommend the making of By-Laws and local Regulations in respect of the Hospital.

18. INTERPRETATION

In this Constitution every word in the masculine gender shall be construed as including the feminine gender.

58

Council Agenda Item 15.4 14 July 2015

Item No: 15.4 To: Council Date: 14 July 2015 Author: Mark Asclipenos – Principal Governance Officer General Manager and Division

Martin Cooper – General Manager, Corporate Services

Contact: 8366 4275 Subject: CANDIDATES’ DISCLOSURE OF POLITICAL AFFILIATION –

PROPOSAL TO AMEND LEGISLATION (OPERATIONAL) Attachments: A. LGA Circular 24.3 dated 9 June 2015

B. Local Government (Elections) (Disclosure of Political Affiliation) Amendment Bill 2015

Prev. Resolution: Nil

Officer’s Recommendation

That the Report be received.

Purpose

1. To provide Elected Members with the opportunity to provide feedback to the LGA on the Local Government (Elections) (Disclosure of Political Affiliation) Amendment Bill 2015.

Strategic Plan

2. The following Strategic Plan provisions are relevant:

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

Communications/Consultation

3. The following communication / consultation has been undertaken:

3.1. The Chief Executive Officer (CEO), together with the Administration, has reviewed these documents.

Statutory

4. The following legislation is relevant in this instance:

Local Government Act 1999

Local Government (Elections) Act 1999

Policy

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

Elected Members

59

Council Agenda Item 15.4 14 July 2015

Code of Conduct for Council Members

Risk Assessment

6. There are no risks associated with the recommendation.

Finance

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

Discussion

Background

8. The LGA have advised (Attachment A) that the Hon Robert Brokenshire MLC has introduced in the Legislative Council, on 3 June 2015, a private member’s Bill (Local Government (Elections) (Disclosure of Political Affiliation) Amendment Bill 2015) (the Bill) into Parliament which is proposing to amend the Local Government (Elections) Act 1999 to require all candidates for election to Local Government to disclose their memberships of political parties. The LGA is seeking feedback on the proposal.

9. The LGA is seeking feedback on the proposal by 31 July 2015.

Analysis

10. The Bill (Attachment B) proposes to amend the Local Government (Elections Act) 1999 (Elections Act) as follows: 10.1. Amendment of Section 4 (Preliminary) proposes to include definitions of

parliamentary party and political party;

10.2. Amendment to Section 19 (Manner in which nominations are made) which would require that a profile of a candidate (to a Local Government election) contains a statement of the name of each political party of which the candidate is a member;

10.3. Amendment to Section 27 (Publication of electoral material) which proposes

that if the person who authorises publication of electoral material is the candidate for election or a person acting on behalf of the candidate, the person must ensure that the material contains a statement of the name of each political party of which the candidate is a member. A maximum penalty of $2,500 is proposed for a breach of this section.

10.4. Amendment to Section 29 (Ballot Papers) proposes that a statement of the

name of each political party of which the candidate is a member (as contained in the candidates profile under the proposed amendment to section 19 (above)) must appear adjacent to the name of each candidate on the ballot paper

Conclusion

11. The Administration advises that any Elected Members, who wish to provide feedback in relation to the amendments to the Elections Act as proposed by the Bill, submit their feedback direct to Andrea Malone at the LGA via email at [email protected] .

12. Feedback must be received by the LGA by no later than 31 July 2015.

60

Home > Candidates’ Disclosure of Political Affiliation – Proposal to Amend Legislation

Candidates’ Disclosure of Political Affiliation – Proposal to Amend Legislation -Circular 24.3

To Chief Executive Officer Date 9 June 2015Contact Andrea Malone

Email: [email protected] Required

Yes Respond By 31 July 2015

Summary The Hon Robert Brokenshire MLC has introduced a private member’s Bill into Parliament which is proposing to amend the Local Government (Elections) Act 1999 to require all candidates for election to Local Government to disclose their memberships of political parties. The LGA is seeking feedback on the proposal.

The Hon Robert Brokenshire MLC has introduced a private member’s Bill into Parliament which is proposing to amend the Local Government (Elections) Act 1999 to require all candidates for election to Local Government to disclose their memberships of political parties. The LGA is seeking feedback on the proposal.

A copy of the Bill is available here.

For further information please contact Andrea Malone ([email protected])

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61

Bortoluzzi
Attachment A

Legislative Council—No 36 As introduced and read a first time, 3 June 2015

LC GP 246-B: the Hon Robert Brokenshire MLC 1

South Australia

Local Government (Elections) (Disclosure of Political Affiliation) Amendment Bill 2015

A BILL FOR

An Act to amend the Local Government (Elections) Act 1999.

62

Bortoluzzi
Attachment B

Local Government (Elections) (Disclosure of Political Affiliation) Amendment Bill 2015 Contents

2 LC GP 246-B: the Hon Robert Brokenshire MLC

Contents Part 1—Preliminary 1 Short title 2 Amendment provisions

Part 2—Amendment of Local Government (Elections) Act 1999 3 Amendment of section 4—Preliminary 4 Amendment of section 19—Manner in which nominations are made 5 Amendment of section 27—Publication of electoral material 6 Amendment of section 29—Ballot papers

The Parliament of South Australia enacts as follows:

Part 1—Preliminary 1—Short title

This Act may be cited as the Local Government (Elections) (Disclosure of Political Affiliation) Amendment Act 2015. 5

2—Amendment provisions In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Local Government (Elections) Act 1999 3—Amendment of section 4—Preliminary 10

(1) Section 4(1)—after the definition of officer insert:

parliamentary party means a political party at least 1 member of which is—

(a) a member of the Parliament of South Australia; or

(b) a Senator for the State of South Australia; or

(c) a member of the House of Representatives chosen in the State of 15 South Australia;

(2) Section 4(1)—after the definition of periodic election insert:

political party means—

(a) a parliamentary party; or

(b) a political party (other than a parliamentary party) whose 20 membership includes at least 200 electors;

4—Amendment of section 19—Manner in which nominations are made Section 19(2)(b)—delete paragraph (b) and substitute:

(b) a profile of the candidate that—

63

Local Government (Elections) (Disclosure of Political Affiliation) Amendment Bill 2015

Amendment of Local Government (Elections) Act 1999—Part 2

LC GP 246-B: the Hon Robert Brokenshire MLC 3

(i) contains a statement of the name of each political party of which the candidate is a member; and

(ii) complies with the regulations; and

5—Amendment of section 27—Publication of electoral material Section 27—after subsection (3) insert: 5

(4) If the person who authorises publication of electoral material is the candidate for election or a person acting on behalf of the candidate, the person must ensure that the material contains a statement of the name of each political party of which the candidate is a member. Maximum penalty: $2 500. 10

6—Amendment of section 29—Ballot papers Section 29—after subsection (4) insert:

(4a) A statement of the name of each political party of which the candidate is a member (as contained in the candidate's profile under section 19(2)(b)) must appear adjacent to the name of each candidate 15 on the ballot paper.

64

Council Agenda Item 15.5 14 July 2015

Item No: 15.5 To: Council Date: 14 July 2015 Author: CEO Recruitment, Performance, Appraisal And Remuneration

Review Committee General Manager and Division

Nigel Morris –General Manager, Urban Services

Contact: 8366 4220 Subject: MINUTES OF CEO RECRUITMENT, PERFORMANCE,

APPRAISAL AND REMUNERATION REVIEW COMMITTEE – 22 JUNE AND ADJOURNED MEETING 29 JUNE 2015 (OPERATIONAL)

Attachments: A. Committee Minutes – 22 June and adjourned meeting 29 June 2015

Prev. Resolution: N/A

Officer’s Recommendation

That the Minutes of the CEO Recruitment, Performance, Appraisal and Remuneration Review Committee held on Monday 22 June and the adjourned meeting held 29 June 2015 be received.

65

CEO Recruitment, Performance Appraisal and

Remuneration Review Committee

Minutes

Monday 22 June 2015 at 6.35 pm Boardroom, Civic Centre, 401 Greenhill Road, Tusmore

Members Present: Mayor David Parkin Councillors Bagster, Lemon and Osterstock

Apologies Nil Leave of Absence

Nil Confirmation of Minutes

Councillor Lemon moved:

CP0288 That the Minutes of the CEO Recruitment, Performance Appraisal and Remuneration Review Committee meeting held on 1 June 2015 be taken as read and confirmed. Seconded Councillor Bagster CARRIED

Correspondence

Nil Business Arising from the Last Meeting

Nil

Reports of Officers Nil

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CEO Recruitment, Performance Appraisal and Remuneration Review Committee Agenda 22 June 2015

Finance and Meeting Attendance Report to Council Nil Correspondence Nil Other Business Nil Confidential Items

CEO Performance Review and Salary Review 2014 - 2015 Councillor Lemon moved:

CP0289 Pursuant to section 90(2) of the Local Government Act 1999, the Council orders that all members of the public be excluded, with the exception of the Elected Members of the City of Burnside; the Chief Executive Officer, Alexandrea Cannon Executive Officer to this Committee and Mr Andrew Reed of Hender Consulting, on the basis that it will receive and consider Item 11.1 Feedback from Hender Consulting on the CEO Performance Review and Salary Review – 2014 to 2015 and that the Council is satisfied, pursuant to section 90(3)(a) of the Act, that the principle that the meeting should be conducted in a place open to the public has been outweighed in relation to this matter because the disclosure of this information would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead) and to do so would, on balance, be contrary to the public interest. Seconded by Councillor Osterstock CARRIED

Short Term Suspension

Mayor Parkin, with the approval of 2/3 of the Members present, suspended the operation of the meeting for 60 minutes until 7.38 pm, to discuss Item 11.1 CEO Performance Review and Salary Review 2014 - 15.

Mr Andrew Reed of Hender Consulting tabled two documents for discussion, namely the draft CEO Performance Appraisal and the draft CEO Remuneraton Advice.

The Short Term Suspension of proceedings was closed by the Mayor at 7.38 pm.

Councillor Bagster moved:

CP0290 1. That pursuant to section 91(7) and (9) of the Local Government Act 1999,

the Council orders that:

1.1 the documents remain confidential on the basis that the disclosure of this information would be an unreasonable disclosure of the personal affairs of a person pursuant to Section 90(3)(a) and (h) of the Act; and 67

CEO Recruitment, Performance Appraisal and Remuneration Review Committee Agenda 22 June 2015

1.2 the documents will not be available for public inspection for the period

of 12 months for which the confidentiality order is to apply or reviewed, so long as it does not exceed 12 months in either case at which time this order will be revoked/reviewed by the Council / Chief Executive Officer (CEO).

Seconded by Councillor Lemon CARRIED

Councillor Osterstock moved:

CP0291 That Hender Consulting be requested to complete a report of the Chief Executive Officer Performance Appraisal for 2014-15 for this Committee to present to Council. Seconded by Councillor Bagster CARRIED

Councillor Osterstock moved:

CP0292 That the meeting be adjourned to a follow up meeting at 6.30 pm on Monday 29 June 2015. Seconded Councillor Lemon CARRIED

The meeting was adjourned at 7.55 pm. The meeting recommenced on Monday 29 June 2015 at 6.35 pm.

CEO Performance Review and Salary Review 2014 – 2015 Councillor Lemon moved:

CP0293 Pursuant to section 90(2) of the Local Government Act 1999, the Council orders that all members of the public be excluded, with the exception of the Elected Members of the City of Burnside; the Chief Executive Officer and Alexandrea Cannon Executive Officer to this Committee, on the basis that it will receive and consider Item 11.1 “CEO Performance Review and Salary Review – 2014 to 2015” and that the Council is satisfied, pursuant to section 90(3)(a) of the Act, that the principle that the meeting should be conducted in a place open to the public has been outweighed in relation to this matter because the disclosure of this information would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead) and to do so would, on balance, be contrary to the public interest. Seconded by Councillor Bagster CARRIED

Short Term Suspension

Mayor Parkin, with the approval of 2/3 of the Members present, suspended the operation of the meeting for 45 minutes, to discuss Item 11.1 CEO performance Review and Salary Review 2014 – 15.

The Short Term Suspension of proceedings was closed by the Mayor at 7.20 pm.

Councillor Osterstock moved:

CP0294 Confidential Resolution

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CEO Recruitment, Performance Appraisal and Remuneration Review Committee Agenda 22 June 2015

Seconded by Councillor Lemon CARRIED

Councillor Osterstock moved:

CP0295 Confidential Resolution Seconded by Councillor Lemon CARRIED

Councillor Bagster moved:

CP0296 Confidential Resolution

Seconded by Councillor Lemon CARRIED

Councillor Lemon moved:

CP0297 Confidential Resolution Seconded by Councillor Osterstock CARRIED

Councillor Lemon moved:

CP0298 Confidential Resolution Seconded Councillor Bagster CARRIED

Councillor Bagster moved:

CP0299 Confidential Resolution Seconded Councillor Osterstock CARRIED

Councillor Osterstock moved:

CP0300 1. That pursuant to section 91(7) and (9) of the Local Government Act 1999,

the Council orders that:

1.1 the document and minutes remain confidential on the basis that the disclosure of this information would be an unreasonable disclosure of the personal affairs of a person pursuant to Section 90(3)(a) and (h) of the Act; and

1.2 the document and minutes will not be available for public inspection for the period of 12 months for which the confidentiality order is to apply or reviewed, so long as it does not exceed 12 months in either case at which time this order will be revoked/reviewed by the Council / Chief Executive Officer (CEO).

Seconded by Councillor Lemon CARRIED Next Meeting

To be determined. Closure The meeting closed at 7.25 pm.

69

70

Council Agenda Item 15.6 14 July 2015 Item No: 15.6 To: Council Date: 14 July 2015 Author: Mark Asclipenos – Principal Governance Officer General Manager and Division

Martin Cooper – General Manager, Corporate Services

Contact: 8366 4275 Subject: OCCUPATIONAL HEALTH SAFETY AND WELFARE MATTER –

REMAKE OF CONFIDENTIAL ORDER (OPERATIONAL) Attachments: Nil Prev. Resolution: C7750, C7752, 28/7/09

C7964, 27/7/10 C9464, 22/10/13 C9937, 14/10/14

Officer’s Recommendation

1. That the Report be received.

2. That pursuant to section 91(7) and (9) of the Local Government Act 1999, the Council orders that:

2.1 the confidentiality order the subject of Resolution C7552(6) of 28 July 2009 concerning the Attachment to Item “Occupational Health Safety and Welfare Matter” (Item 8.1 of the Agenda and Item 8.1 of the Minutes – of the Council meeting of 28 July 2009, previously listed as Item 18.1 of the Agenda of the Council meeting on 21 July 2009 which was adjourned), and Resolution C7964(4) of 27 July 2010, remain confidential on the basis that:

2.1.1 it contains information, the disclosure of which would involve the disclosure of confidential legal advice pursuant to Section 90(3)(h) of the Act; and

2.2 the Attachment will not be available for public inspection for the period of 5 years months at which time this order will be revoked / reviewed by the Council.

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

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

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

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

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

71

Council Agenda Item 15.6 14 July 2015 Purpose

1. To provide Elected Members with information about the Confidential Item for which the confidential order is due to expire and a recommendation that the order be remade.

Strategic Plan

2. The following Strategic Plan provision is relevant:

“Delivery of good governance in Council business”

Communications/Consultation

3. The following communication / consultation has been undertaken:

3.1 The Chief Executive Officer (CEO), together with the Administration, has reviewed these documents.

3.2 An Information Document was distributed to Elected Members on 9 July 2015 providing the confidential document for review.

Statutory

4. The following legislation is relevant in this instance:

Local Government Act, 1999

Policy

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

Risk Assessment

6. The following risks have been identified:

6.1 Regular reviews of reports or documents that are the subject of a confidentiality order ensure that items are released to the public, in accordance with Council resolution in a timely manner.

6.2 There is also a risk that if the recommendation is not adopted at this time that confidential legal advice of the Council could be unreasonably disclosed.

Finance

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

Discussion

Background

8. The Item, Occupational Health Safety and Welfare Matter, was listed for discussion as Item 18.1 in the Agenda of the Council meeting of 21 July 2009. At the Council meeting of 21 July 2009, this item was adjourned to 28 July 2009.

72

Council Agenda Item 15.6 14 July 2015 9. The Item, Occupational Health Safety and Welfare Matter, was then listed for

discussion as Item 8.1 in the Agenda of the adjourned Council meeting of 28 July 2009.

10. Council, at its adjourned Council meeting of 28 July 2009, resolved (C7550) to receive Item 8.1 Occupational Health Safety and Welfare Matter (listed as Item 8.1 in the Agenda and Minutes) in confidence and resolved (C7552(6)) that the Minutes, Report and Attachment remain confidential for 12 months expiring on 28 July 2010.

11. Council, at its meeting of 27 July 2010, as part of its annual review of existing confidentiality orders resolved (C7964(4)) that the minutes would be released, but the Report and Attachment remain confidential for five years expiring on 27 July 2015.

12. Council, as part of its annual review of existing confidentiality orders, at the meeting of Council on 22 October 2013, resolved (C9464(11)) that the confidential order is to remain as per the existing orders at that time.

13. The CEO as part of the annual review of confidential items, on 26 September 2014, released the Report, and advised that the confidentiality order is to continue in respect of the Attachment.

14. Council, as part of its annual review of existing confidentiality orders, at the meeting of Council on 14 October 2014, resolved (C9937) that the confidential order is to remain in accordance with the existing orders.

15. The confidential order is now due to expire and requires review.

Analysis

16. The above item relates to Topic 12.1 on the Confidentiality Items Status Table. The Administration has prepared this Report to remake the Confidential Order to the above Item.

17. As the Confidential Order for this item is due to expire on 27 July 2015, there is a risk that should the recommendation to remake this order not be adopted at this time that confidential legal advice of the Council could be unreasonably disclosed.

18. The Administration therefore recommends that the Attachment should not be available for public inspection for the period of five years at which time this order will be revoked / reviewed by the Council.

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Council Agenda Item 15.7 14 July 2015

Item No: 15.7 To: Council Date: 8 June 2015 Author: Kevan Delaney – Manager, Engineering Services General Manager and Division

Nigel Morris – General Manager, Urban Services

Contact: 8366 4257 Subject: GREENHILL ROAD, GLENSIDE – PARKING PETITION

(OPERATIONAL) Attachments: A Site Plan Prev. Resolution: C10158, 12/5/15

Officer’s Recommendation

That the Report be received.

Purpose

1. To respond to Council Resolution C10158 (12/5/15) to review and address as appropriate, the petition received requesting Council change the parking restrictions on Greenhill Road, Glenside.

Strategic Plan

2. The following Strategic Plan provision is relevant:

“Strengthen and support our local retail precincts”

Communications/Consultation

3. The Administration discussed the current and proposed restrictions with the businesses adjacent the petition organiser’s premises.

Statutory

4. There are no statutory implications or requirements associated with this recommendation however signage must be in accordance with the Local Government Act 1999 and the Australian Road Rules (1999).

Policy

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

Road and Traffic Management

Risk Assessment

6. There are no risks associated with the recommendation.

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Council Agenda Item 15.7 14 July 2015

Finance

7. There are no financial implications for the City of Burnside in respect of the recommendation as all changes would be undertaken with the current operating budget.

Discussion

8. A petition containing 85 signatures was received on 5 May 2015 requesting the time allowed for parking be increased from 30 minutes to one hour on the south side of Greenhill Road between L’Estrange Street and Allinga Avenue at Glenside. At the 12 May 2015 meeting, Council resolved to have Administration prepare a report on the matter.

9. Following receipt of the petition, the Administration met with the businesses and discussed the current restrictions and the request (petition) to alter the 30 minute parking restriction to one hour. As expected, given the diversity of the businesses in this group of shops, there are various opinions as to what restrictions would best suit their business.

10. Comments received by the Administration following a door-knock of the businesses ranged from ‘leave it at 30 minutes’ to ‘make it one hour’. There was also one request to make it two hours and others stating they were ‘not fussed’.

11. The Administration propose changes to the parking restrictions in this area be implemented as detailed on Attachment A whereby two spaces near L’Estrange Street (adjacent to the petitioner) are changed from 30 minutes to one hour. It also includes changing the section of 30 minute parking on the eastern side of L’Estrange Street from 30 minutes to one hour (supported by adjacent Café/Grill business proprietor).

12. These changes generally reflect the overall wishes/parking requirements of the various businesses. The one hour restriction on L’Estrange Street is also considered a safer alternative for some older drivers/clients given the very busy and faster speed environment of Greenhill Road with regard to alighting or accessing their vehicles.

13. The changes to the parking restrictions will/have been implemented as availability of appropriate signage and resources permit.

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Council Agenda Item 15.7 14 July 2015

Attachment A Site plan

Figure 1 - Site Plan showing approximate location of restriction change

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Council Agenda Item 15.8 14 July 2015 Item No: 15.8 To: Council Date: 14 July 2015 Author: Magnus Heinrich – Manager, Asset Services General Manger and Division

Nigel Morris – General Manager, Urban Services

Contact: 8366 4205 Subject: PROPOSED UPGRADE OF KENSINGTON GARDENS WAR

MEMORIAL (OPERATIONAL) Attachments: A. Plan of proposed upgrades Prev. Resolution:

Officer’s Recommendation

1. That the Report be received.

2. That Council approves the construction of a new wall at the site of the existing Kensington Gardens War Memorial.

Purpose

1. To provide Council with information about a proposal to upgrade the existing Kensington Gardens War Memorial and to seek Council’s support for the upgrade of the Kensington Gardens War Memorial.

Strategic Plan

2. The following Strategic Plan provisions are relevant:

”Conservation and enhancement of the historic character of the City Conservation and enhancement of the historic character of the City”

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

“A vibrant and diverse community that has a strong sense of belonging”

“A safe community that values and supports its people”

“An empowered Council and Administration that is visionary and innovative in meeting community needs”

Communications/Consultation

3. The following communication / consultation has been undertaken:

3.1. Discussions with the Returned Service League (RSL) have taken place.

3.2. Internal discussions with Administration stakeholders have taken place.

3.3. Discussions with the Commonwealth Department of Veterans’ Affairs have taken place.

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Council Agenda Item 15.8 14 July 2015 Statutory

4. The following legislation is relevant in this instance:

Local Government Act 1999

Policy

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

Open Space

Risk Assessment

6. The Administration considered that the risk of construction occurring before the completion of the currently being developed Kensington Gardens Masterplan was completed. Given the construction is to occur alongside the already in existence memorial, the likelihood of a Masterplan determining the Memorial should be relocated was minimal.

Finance

7. The Kensington Gardens RSL successfully received a grant of $25,152 from the Commonwealth Department for Veterans’ Affairs.

8. The Administration is partnering with the RSL to use the funds to upgrade the Kensington Garden Memorial.

9. Prior to the 2015 ANZAC day dawn service, a temporary cross was added to the Memorial. Longer term, it is proposed to install a more permanent Celtic Cross in accordance with the wishes of the RSL. This will be the subject of future budget considerations.

10. The residual funds (approximately $22,000) are proposed to be expended on a feature wall between the existing plinth and the sports pavilion.

Discussion

11. The Kensington Gardens War Memorial (at Kensington Gardens Reserve) comprises a granite headstone, engraved slate plaques and exposed aggregate surrounds located within the heart of Kensington Gardens Reserve directly adjacent the Kensington District Cricket Club facility. It is believed that the erection of the memorial was the result of a Council decision in late 1938 (not confirmed) with the Memorial unveiled in 1939.

12. The memorial is shown in the photographs below.

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Council Agenda Item 15.8 14 July 2015

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Council Agenda Item 15.8 14 July 2015 13. The Memorial is in remembrance to fallen soldiers of World War One and from the local

community of Kensington Park and Kensington Gardens. The original Memorial included a ‘grove’ of trees. Investigations indicate that in 1940, Council was notified that the two original bronze crosses affixed to the sides of the granite head stone were stolen but were never replaced due to ongoing concerns of theft.

14. On 30 January 2015, the Commonwealth as represented by the Department of Veterans’ Affairs, the Repatriation Commission and the Military Rehabilitation and Compensation Commission, entered into a Grant Agreement with the Kensington Park RSL Sub-branch.

15. The Grant to the RSL was for an amount of $25,152.

16. The Administration agreed to assist the RSL by utilising the money to upgrade the Kensington Gardens Reserve War Memorial in consultation with and on behalf of the RSL.

17. It has been agreed with the RSL that the residual funds will be used to construct a new feature wall and, subject to available funds, some associated landscaping work at the Memorial.

18. A plan view of the location of the wall is shown in Attachment A.

19. Under the terms of the Grant Agreement, the work must be completed and a final report made available to the Commonwealth by 30 September 2015.

20. The Administration will conduct a procurement process to engage an appropriate contractor to conduct the work and will project manage the installation. Subject to Council approval, it is intended to complete the work in August.

21. The work agreed with the RSL is considered to be a positive augmentation to the existing memorial that will add to the memorial experience.

22. While the wall will comprise a series of straight sections, it has been designed to give the appearance of a curved wall. This design treatment will ensure more wall can be built for the funds available as a truly curved wall has a higher unit rate cost.

23. In future years, subject to funding either by the Council or the RSL, other modifications are proposed for the Kensington Gardens Memorial. The most significant is the addition of a more substantial and permanent Celtic Cross to replace the temporary one installed for this year’s ANZAC Day Service.

Conclusion

24. The Council is in partnership with the Kensington Gardens RSL to upgrade the existing Kensington Gardens War Memorial using funds granted to the RSL by the Department of Veterans’ Affairs (Cth).

25. It is recommended that the Council approves the proposed wall.

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Attachment A

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Council Agenda Item 15.9 14 July 2015 Item No: 15.9 To: Council Date: 14 July 2015 Author: Jason Cattonar – Acting Manager, City Development and Safety General Manager and Division

Louise Miller-Frost – General Manager, Community and Development Services

Contact: 8366 4136 Subject: PRIVATELY FUNDED DEVELOPMENT PLAN AMENDMENT –

NEW POLICY (STRATEGIC) Attachments: A. Amended Draft Policy Prev. Resolution: C9892, 9/9/14

C10015, 27/1/15

Officer’s Recommendation

1. That the Report be received.

2. That the draft Privately Funded Development Plan Amendment Policy be adopted by Council.

Purpose

1. To present Elected Members with an amended draft Privately Funded Development Plan (PFDPA) Policy for adoption.

Strategic Plan

2. The following Strategic Plan provisions are relevant:

“Conservation and enhancement of the historic character of the City”

“A range of housing that meets the varying needs of the community”

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

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

“A range of businesses and organisations that increase vitality and wealth in the city”

“A vibrant and diverse community that has a strong sense of belonging”

“A community that can access a range of information, services and opportunities that enhance their lives”

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

Communications/Consultation

3. The following communication / consultation has been undertaken:

3.1. A previous draft PFDPA Policy was circulated to Elected Members prior to Christmas 2014 and some informal feedback was received from Elected

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Council Agenda Item 15.9 14 July 2015

Members regarding the purpose of the PFDPA Policy and the potential precedent it may have in respect of future requests for a PFDPA.

3.2. The previous draft policy was presented to Council 27 January 2015 (C10015) and was deferred pending some changes.

3.3. The PFDPA policies of several Councils, including the Cities of Charles Sturt, Playford, Onkaparinga, Holdfast Bay and Port Adelaide Enfield, have been reviewed and considered with appropriate portions included in the amended draft presented in Attachment A.

3.4. Although this Policy covers the entire City of Burnside and is not specific to any particular proposal (and indeed no proposal for a PFDPA has been received), the previous report was subject to a Deputation by a local resident, Greg Vincent.

3.5. The Administration has had direct communication with Mr Vincent since the Deputation. We understand that his position is that he is not opposed to the Policy in principle, but wanted public consultation that went further than the statutory requirement by the Development Act 1993. The draft PFDPA Policy has therefore been amended to include the requirement for an additional stage of community consultation prior to any Statement of Intent being forwarded to the Minister for approval.

3.6. Pembroke School has previously suggested the idea of funding a DPA to enable them to achieve their development goals however no proposal has been forthcoming and it is not believed to be imminent.

3.7. The draft PFDPA Policy was circulated to Elected Members for feedback on 21 May 2015.

Statutory

4. The following legislation is relevant in this instance:

Development Act 1993

Local Government Act 1999

Policy

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

Community Engagement (Public Consultation)

Risk Assessment

6. The draft PFDPA Policy reduces risks associated with entering into a PFDPA arrangement by establishing clear guidelines with regards the funding of all costs associated with the process, community consultation, and the ability for Council to reject or cease a PFDPA at any stage.

Finance

7. There are no financial implications associated with the recommendation. The policy mitigates the risk that any proposed PFDPA might impose costs on Council.

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Council Agenda Item 15.9 14 July 2015 Discussion

8. DPAs are the method by which Council’s Development Plan can be changed. The Development Plan sets the land use zoning and policies on development in various parts of the City and is what the City Development staff use to assess Development Applications and either approve / refuse consent, or provide analysis to the Development Assessment Panel for their decision. DPAs are required to undergo a statutory process.

9. Council is currently progressing a number of DPAs that have been established based on the issues of priority for Council, including consideration of the aims and objectives of the 30-Year Plan for Greater Adelaide and on Council’s capacity to fund and undertake the work required. Additionally, the Minister has initiated a number of DPAs that affect portions of City of Burnside.

10. There will be some work however that is not anticipated or is low on Council’s list of priorities for any DPAs being undertaken but of priority to another person/s or entity. It is in these circumstances that a PFDPA may be requested.

11. The purpose of this Policy is to provide guidance for Council in the consideration and management of any approach to Council for a PFDPA. This Policy is not specific to any particular project but provides a generic guide for any such request.

12. At the meeting of 9 September 2014, Council resolved (C9892):

The Administration presents a Privately Funded Development Plan Amendment Policy to Council for consideration for adoption

13. A report was presented to Council 27 January 2015. A Deputation on the matter by a resident, Greg Vincent, was heard the same night. Council resolved (C10015) That the Report be deferred, to be returned to Council for consideration as soon as practicable.

14. Members will be aware that Pembroke School has previously broached the concept of a PFDPA with the Administration. As with previous reports and drafts, this draft Policy does not predetermine any outcomes (including whether it would be accepted) regarding that or any future DPAs but rather provides a framework for the Administration to deal with such applications. Members should be aware that the Administration has not heard anything further regarding Pembroke School’s plans with regard to a PFDPA other than that it was not in their immediate plans.

15. Following debate in the Chamber about the previous draft and with reference to

concerns raised by members, the draft PFDPA Policy has been amended and is attached for consideration (Attachment A).

16. The draft PFDPA Policy is important as currently the Council has no clear guidelines about how to manage a request for a PFDPA. This does not prevent any party submitting a PFDPA; any party may do so at any stage. The lack of policy simply means that the Administration has no explicit guidance from the Elected Body as to how they would like PFDPAs dealt with, and means that the Administration lacks a Council Resolution to back any dealings with parties in these matters.

17. The draft PF DPA Policy provides clear guidance about how private funds and policy outcomes are kept separate.

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Council Agenda Item 15.9 14 July 2015 18. The draft PF DPA Policy is clear that whether the PFDPA is successful or is rejected at

any stage, all costs associated with the DPA and its processing are to be borne by the applicant.

19. Council’s processes in the handling of the PFDPA are as stipulated in the Development Act 1993, and as applies to any other DPA. This includes a statutory period of community consultation.

20. Additional community consultation has been included in the draft PFDPA Policy prior to the submission of the Statement of Intent (SOI) to the Minister. The SOI broadly outlines the intent of the DPA and the types of changes that are envisaged in the eventual DPA and will essentially give the community a preliminary view of what is proposed and the opportunity to also provide feedback at this early stage.

21. Council has the right to refuse a PFDPA at any stage. Council may, upon consideration of a request regarding a PFDPA, decide that the aims of that particular proposed DPA do not meet the aims of the Council and reject it outright. Alternately, Council may commence the processes associated with a PFDPA and decide during the process that the DPA does not meet its or the community’s aims and expectations, and cease the process at any stage.

Conclusion

22. The amended draft PF DPA Policy is presented to Council for consideration and adoption.

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Privately Funded Development Plan Amendment Policy

Classification: Council Policy

Policy Name: Privately Funded Development Plan Amendment (DPA)

First Issued / Approved: (date & resolution number)

Last Reviewed: N/A

Next Review: (2 years unless legislation requires otherwise)

ECM Tracking No.: (to be added by Governance staff)

Responsible Officer: General Manager Community and Development Services

Relevant Legislation:

Development Act 1993

Development Regulations 2008

Local Government Act 1999

Related Policies:

Community Engagement (Public Consultation) Policy

Procurement Policy

1. Introduction

1.1. A Development Plan Amendment (DPA) is a document that describes proposed changes to a Development Plan and includes a statutory process required to be undertaken when either the Council or the Minister for Planning seeks to amend land use zoning and/or the policies contained within the Development Plan.

Under Sections 24 and 25 of the Development Act 1993, only the relevant Minister or a Council can prepare a Development Plan Amendment (DPA) to amend a Development Plan. The Development Act does not, however, prevent Council from receiving funds to undertake a DPA under appropriate circumstances

A private organisation or individual can enter into an agreement with the Minister or Council for the preparation of a specific DPA where all associated costs are covered by the applicant, but the final content and the amendments proposed by the DPA are at the discretion of Council and the Minister.

Privately Funded DPA’s are one model that can be used to complement Council and State Government funded rezonings.

This Policy outlines an open and transparent process for the private funding of the preparation of amendments to the Burnside (City) Development Plan in order to mitigate risks to Council and the community and addresses potential conflicts of interest.

2. Strategic Plan Desired Outcomes 89

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Attachment A

City of Burnside Policy Manual Page 2

2.1 Environmentally sustainable development which complements the City’s character

2.2 Our community is actively engaged and involved in shaping the City’s future.

2.3 Delivery of good governance in Council business.

2.4 A financially sound Council that is accountable, responsible and sustainable.

2.5 An empowered Council and Administration that is visionary and innovative in meeting community needs.

3. Our Approach

3.1 Balance future development and existing historic character through complementary and sustainable development practices.

3.2 Enhance the character, amenity, safety, and accessibility of the City through promoting sympathetic and sustainable development

3.3 Provide a range of opportunities for the community to actively engage and participate in Council’s decision making activities

3.4 Provide sufficient resources to meet current and future needs of the community

4. Legislative Requirements and Corporate Policy Context

The following legislation has relevance to this Policy

4.1 Section 24 of the Development Act 1993 enables Council or the Minister to prepare an amendment to a Development Plan.

4.2 Section 25 of the Development Act 1993 requires that if Council is considering an amendment to the Development Plan, the Council must first reach agreement with the Minister on a “Statement of Intent” prepared by the council in accordance with the regulations. The DPA must then be prepared in accordance with the requirements of Section 25 of the Development Act 1993.

5. Interpretation

For the purpose of this Policy, the following definitions apply:

5.1 “A Privately Funded Development Plan Amendment” is defined as when a third party funds the investigation of work and/or drafts the DPA required to change the Development Plan zoning and policies.

5.2 “DPA” means a Development Plan Amendment as defined by the Development Act 1993

5.3 “Council" means the City of Burnside

5.4 “Consultants” means a company or person(s) engaged by Council to provide assets, goods, works or services.

5.5 “SOI” means a Statement of Intent as defined by the Development Act 1993

5.6 “the applicant” means the company or person(s) external to the Council or the Minister for Planning who has proposed and is funding or partly funding the preparation of the DPA

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City of Burnside Policy Manual Page 3

6. Policy

This policy has the following Objectives:

6.1 To ensure an open and transparent process for accepting private funds for investigations into potential planning policies and/or the preparation of amendments to the Burnside (City) Development Plan.

6.2 To ensure adherence to the legislated requirements outlined in the Development Act (1993) for the rationale and processing of Development Plan Amendments (DPA).

6.3 To mitigate any risks to Council associated with receiving private funds associated with the preparation of a Statement of Intent (SOI) and DPA.

This policy adheres to the following principles:

6.4 Privately funded investigations into planning policies and any subsequent DPAs should adhere to the process outlined in Figure 1.

6.5 The applicant should cover all costs in the initiation, preparation, community consultations and authorisation of the SOI, DPA, peer review and any court costs associated with legal challenges.

6.6 The legal agreement between the Council and the applicant should state that an applicant is funding an open and transparent process which provides no guarantee that the financier will receive any advantage from the DPA.

6.7 At all stages the DPA should declare the private funding through the public release of the legal agreement via inclusion in the Statement of Intent and DPA.

6.8 Council will maintain control, independence and planning professionalism in the DPA process, and ensure DPA investigations are impartial and conducted by professional and qualified persons.

6.9 Council can at any time withdraw, reject or otherwise or cease the process of the DPA.

6.10 Only DPAs that are not in conflict with Council’s strategic directions will be pursued.

Statement of Strategic Context

6.11 Prior to pursuing a privately funded DPA, the applicant must submit to Council a Statement of Strategic Context to enable Council to determine whether to proceed with the DPA.

6.12 This Statement must be prepared by a qualified professional who meets the requirements of Section 86 of the Development Regulations.

6.13 The statement of strategic context must include:

6.13.1 An outline of the issue needing to be addressed;

6.13.2 An outline of the proposed amendment to the Development Plan;

6.13.3 A statement of how the proposed amendment relates to Council’s last Strategic Directions Report;

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City of Burnside Policy Manual Page 4

6.13.4 A statement of how the proposed amendment relates to social, economic and environmental issues;

6.13.5 A statement of how the proposed amendment relates to the State Government’s 30 Year Plan for Greater Adelaide and Planning Strategy; and

6.13.6 Any other matters determined by Council as relevant.

Assessment of Statement of Strategic Context

6.14 A Statement of Strategic Context will be assessed by Council’s planning staff on its merits against the criteria outlined in procedures 6.12 – 6.13 and presented to Council for consideration as to whether to continue (see attachment 1 – Privately Funded DPA Process).

Legal Agreement and Project Cost Estimates

6.15 Should Council agree to continue with the Privately Funded DPA process, the applicant must sign a legal agreement drafted by Council. The agreement will include details of the following:

6.15.1 The nature of the arrangements and agreed figure on the cost of preparing the DPA, peer review, and the time when payment is to be made;

6.15.2 Details of the nature of the DPA including the area to be covered, the purpose of the DPA and what the DPA investigations will encompass (the DPA principles);

6.15.3 An acknowledgement by the applicant funding the DPA that the DPA will be prepared at the direction of Council and that the applicant funding the DPA will have no right to control or direct the progress or form of the DPA apart from making written submissions to the Council as a part of the consultation process;

6.15.4 An acknowledgement by the Council that it will use its best endeavours and strive to achieve authorisation of the DPA which incorporates the agreed DPA principles, cognisant of the timing of other Council policy priorities;

6.15.5 An acknowledgement by the applicant and the Council that while the Council may agree to and process the DPA, ultimately the decision on its authorisation is a decision by the Minister for Planning and not the Council, and that the Council has no control over this process;

6.15.6 Agreement as to what happens if the DPA is either not authorised by the Minister or authorised with amendments that do not suit the interest of the applicant;

6.15.7 Agreement that the applicant will fund any legal costs associated with the preparation of the DPA, including legal review, legal proceedings or judicial review proceedings in relation to the DPA process;

6.15.8 Acknowledgment that the legal agreement shall not in any way affect Council’s standing as the relevant authority to assess application for development approval in respect of land affected by a Privately Funded DPA.

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City of Burnside Policy Manual Page 5

Project Management and the Procurement Process

6.16 The applicant will make payment of the project cost into a fund as directed by Council. Council will engage a suitably qualified consultant who meets the requirements of the Development Act and Regulations to prepare the SOI and draft DPA, in accordance with Council’s Procurement Policy.

6.17 The consultant undertaking the privately funded DPA will report directly to Council staff and project management of the DPA process will be undertaken by Council staff.

6.18 The draft Statement of Intent will be released for public consultation and feedback prior to being submitted to the Minister for Planning for agreement. Feedback and commentary received from the public during this period will be provided to the applicant for consideration and response. The feedback and commentary, and any response from the applicant will be considered by the Administration and by Council as part of the decision-making about whether to continue with the Privately Funded DPA, amend the SOI, or discontinue the process.

6.19 It should be noted that Council maintains ultimate control of the DPA, in that key stages are presented to Council for consideration prior to being submitted to the Minister for agreement or endorsement. The key stages that are considered by Council include: Statement of Intent (post community consultation), draft investigations and policy for Public and Agency Consultation, hearing public submissions and Approval.

6.20 The capacity for Council to process a Privately Funded DPA will be influenced by Council’s other policy priorities, and projected timing will be estimated accordingly.

6.21 Council reserves the right to cease proceeding with a Privately Funded DPA at any stage.

6.22 At all stages the DPA will declare the private funding through the public release of the legal agreement via inclusion in the Statement of Intent and DPA.

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 without 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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City of Burnside Policy Manual Page 6

Figure 1 – Process for Privately Funded DPAs

Statement of Strategic Context Private financier approaches Council with Development Plan Amendment (DPA) issue

and provides a Statement of Strategic Context

Assessment of Statement of Strategic Context Council assesses Statement of Strategic Context to determine Process ‘A’, ‘B’ or

Refusal (Management Guideline 6.14)

Refusal (DPA may be refused if in conflict with

strategic direction of Council)

Legal Agreement and Project Cost Estimated (Management Guideline 6.15)

Consultant engaged by Council (but paid for by applicant)

Payment of Project Cost to Council to develop the DPA documents (Management Guideline 6.16)

SOI Sent to Minister Assuming Ministerial approval, consultant then prepares DPA documents in accordance with

the Ministerially agreed SOI. (Management Guideline 6.16)

DPA Proceeds in accordance with requirements of Development Act 1993, including statutory community consultation.

(Management Guideline 4.2)

Draft SOI and Community Consultation Council contracts consultant to undertake investigations and

preparation of Draft SOI. Council undertakes community consultation and considers responses prior to finalising the SIO for submission to Minister for agreement. Information

from consultation used to inform whether the DPA continues,

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95

Council Agenda Item 15.10 14 July 2015 Item No: 15.10 To: Council Date: 14 July 2015 Author: General Manager:

Leonie Scriven – Manager, Community Connections Louise Miller-Frost – General Manager, Community and Development Services

Contact: 8366 4143 Subject: COMMUNITY GRANTS – POLICY REVIEW (STRATEGIC) Attachments: A. Community Grants (existing)

B. Community Grants (new version) Prev. Resolution: C9659, 8/4/14

Officer’s Recommendation

1. That the Report be received.

2. That the revised draft Community Grants Policy be adopted.

Purpose

1. To provide Elected Members with recommended changes to the Community Grants Policy which relates to the business of the Community and Development Services Directorate as part of the cyclical review process.

Strategic Plan

2. The following Strategic Plan provisions are relevant:

“Vibrant and Diverse Community”

“Safe and Supportive Community”

“Delivery of good governance in Council business”

Communications/Consultation

3. The following communication / consultation has been undertaken:

3.1. Discussion of the Community Grants Policy and proposed change has occurred with the General Manager Community and Development Services, Manager Community Connections, Team Leader Community Development and Youth Development Officer.

3.2. Elected Members were provided the opportunity to provide comment on the existing Policy through Information Document on 4 June 2015. Cr Monceaux provided feedback.

Statutory

4. The following legislation is relevant in this instance:

Local Government Act 1999

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Council Agenda Item 15.10 14 July 2015 Policy

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

Community Grants

Sponsorship

Risk Assessment

6. Regular review of Council policies is an important method of ensuring that the Administration is appropriately charged and empowered to do the business of Council in the manner that Elected Body determines.

7. The risk of not doing so is that the Administration might be acting on outdated orders. A further risk of not regularly reviewing and updating policies is that they fail to reflect legislative changes.

8. The Community Grants Policy aims to provide a clear and transparent process for the community and community groups to understand the terms under which Council provides public funds to groups to achieve outcomes that benefit the community or large sections of the community.

Finance

9. The Community Grants Scheme has a total budget of $26,500 for the 2015/16 financial year. Individual grants are awarded to successful applicants, to the maximum value of $2,500. All applications must be accompanied by a proposed budget detailing how any funding received is to be spent, and all recipients are required to account for their expenditure to Council through the provision of a statement of activity and expenditure at the end of the project and before the end of the financial year of award of the grant.

Discussion

10. The City of Burnside has a number of Council policies which inform and guide the way the Administration does the business of Council.

11. These policies are reviewed and presented to Council for endorsement to ensure that they reflect the current legislative, financial and political environment and continue to reflect the directions of the elected body.

12. The Community Grants Policy was last reviewed on 8 April 2014. No substantial policy changes have been made to the revised Policy in this review process but editorial changes have been made in an attempt to make the Policy easier to understand.

13. This revised Policy, together with all of the Community Connections Department Policies, will be reviewed in more depth for need, relevance and content, over the next 12 months as part of the development of the Community Development Strategy.

14. Once the Community Development Strategy is adopted, there is an ideal opportunity to review the Community Grants Program to ensure it is an effective program for delivering the desired strategic community development outcomes.

Conclusion

15. It is recommended that the revised amended Community Grants Policy (Attachment B) be adopted.

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Community Grants Classification: Council Policy

Policy Name: Community Grants

First Issued / Approved: May 2003

Last Reviewed: 18 January 2011, C8075 28 August 2012; C8842 14 May 2013, C9159 9 July 2013, C9274 (deferred until 23/7/13) 8 April 2014, C9659

Next Review: April 2015

ECM tracking number: 986269

Responsible Officer: General Manager Community & Development Services

Relevant Legislation: Local Government Act 1999

Related Policies and Procedures: Sponsorship Policy 1. Introduction

1.1 The aim of Community Grants is to encourage, develop and support programs, services, facilities and projects of a health, recreational, social, environmental and community development nature, which assist City of Burnside residents to derive maximum benefit and quality of life.

1.2 This Policy provides:

1.2.1 guidance on Council’s, priorities and the parameters of the program;

1.2.2 the required eligibility criteria that must be addressed by parties wishing to apply for community grants; and

1.2.3 guidelines for Council staff and Elected Members when making annual funding decisions.

2. Strategic Plan Desired Outcomes

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

2.2 A range of high quality sport and recreational opportunities and facilities that foster healthy lifestyle pursuits. Access to a range of education, health and support services that meet community needs and enhance lifestyles.

3. Our Approach

3.1 Encourage residents to participate in social, cultural, environmental, sporting and recreational activities.

3.2 Stimulate community initiatives and cooperative projects.

3.3 Facilitate the provision of education, health and other support services to residents.

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Attachment A

City of Burnside Policy Manual Page 2

4. Legislative requirements and corporate policy context

4.1 Councils have a role in improving the quality of life of the community, providing community and cultural services and facilities, and ensuring equitable access to these.

4.2 Pursuant to the Local Government Act, 1999 (“LGA”), Council’s role includes:

4.2.1 encouraging and developing initiatives within its community for improving the quality of life of the community (LGA, s.6).

4.2.2 providing services and facilities that benefit its area, ratepayers, residents and visitors (including cultural or recreational services or facilities) and establishing or supporting organisations or programs that benefit people in its area or local government generally (LGA, s.7).

5. Policy 5.1 Principles

5.1.1 The City of Burnside recognises that developing the social infrastructure is an important requirement to meet the needs, aspirations and the longer-term vision of the community.

5.1.2 The Community Grants Program is a flexible mechanism to support and strengthen individuals, families and local communities to identify their needs and develop solutions at a local level.

5.1.3 Community grants represent a commitment by Council to the development of effective working partnerships with community groups in response to the key themes of Our Community Plan 2012-2025. The Community Grants Program enables community groups to meet identified needs in a partnership relationship with Council. Funded projects or programs will complement Our Community Plan 2012-2025 and foster community capacity building and sustainable communities.

5.1.4 Council recognises that resources are limited and therefore priority is given to community groups who can not only establish benefit to the wider community, but can mobilise the necessary resources to achieve their goals, with once-off financial assistance.

5.1.5 Grants may be made up to a maximum of $2,500.

5.1.6 Grants may be in one of two categories – Projects or Events.

5.2 Eligibility Criteria

5.2.1 Applicants must be non-profit groups or organisations who are either:

5.2.1.1 located within the City of Burnside local government area and primarily serve City of Burnside residents; or

5.2.1.2 situated outside the City of Burnside local government area yet provide a service that primarily impacts upon City of Burnside residents.

5.2.2 This includes non-government organisations, non-profit organisations, voluntary associations, community groups and organisations. Small groups are also encouraged to apply (if the group is not an incorporated organisation, they must have a minimum of two people nominated as responsible for the funds).

5.2.3 Only one application will be accepted per organisation per grant round.

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5.2.4 Applications received from organisations or groups who provide assistance to, or work collaboratively with, Council will be looked on favourably when assessing and allocating grant funding.

5.2.5 Organisations who currently receive in-kind support from the City of Burnside are eligible to receive funding through this Program; however, the quantum of this support will be considered when allocating funding.

5.2.6 Organisations who receive little or no in-kind support will be prioritised ahead of those receiving significant support.

5.2.7 Applications must be congruent with the stated aim of the Community Grants Program: to encourage, develop and support programs, services, facilities and projects of a health, recreational, social, environmental and community development nature, aimed at enabling City of Burnside residents to derive maximum benefit and quality of life.

5.3 Applications not considered eligible for funding

5.3.1 Applications NOT considered eligible for funding include:

5.3.1.1 capital works projects (work to make improvements to a building and/or the surrounding grounds to a building);

5.3.1.2 building maintenance (repairs or replacements) or building running costs (electricity, gas costs etc);

5.3.1.3 reimbursement for money already spent;

5.3.1.4 services which are considered the responsibility of State and Federal Government;

5.3.1.5 projects that are clearly a duplication of an existing service;

5.3.1.6 requests for ongoing salary (a position created for the length of the project is acceptable);

5.3.1.7 commercial or profit making organisations;

5.3.1.8 events or projects that are exclusive to group members, (with the exception of events/projects that provide a significant social benefit or service targeting community members from a disadvantaged demographic group);

5.3.1.9 events that are specifically for fundraising;

5.3.1.10 items or services that are not directly related to staging the event or project; and

5.3.1.11 funding of commercial activities.

5.4 Community Projects 5.4.1 Community Groups within the City of Burnside local government area are

encouraged to apply for project funding of up to $2,500 from a pool of grant funding annually determined by Council.

5.4.2 Organisations must clearly demonstrate that their project supports the City of Burnside’s Our Community Plan 2012-2025 by showing that it meets one or more of the key approaches:

5.4.2.1 contributes to residents’ sense of community, belonging and pride;

5.4.2.2 encourages residents to participate in social, cultural, environmental, sporting and recreational activities;

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5.4.2.3 fosters greater social diversity;

5.4.2.4 stimulates community initiatives and cooperative projects;

5.4.2.5 encourages volunteerism;

5.4.2.6 promotes and facilitates access to the range of activities, health and support services available for the community;

5.4.2.7 facilitates the provision of education, health and support services available for the community; and

5.4.2.8 strengthens community capacity to respond to identified needs within the community.

5.4.3 In addition, it must be shown that the organisation has limited capacity to obtain the necessary funds through other means (e.g. with an audited financial statement for the current financial year); and the grant will not exceed half the total project cost to a maximum of $2,500 (excluding any financial calculation of the value of volunteer labour.)

5.5 Community Events 5.5.1 The City of Burnside encourages applications from community

organisations wishing to stage an event that will contribute to the community spirit of the City. Events must be held within the City of Burnside area and be intended for the general public and/or local community. Organisations may apply for funding of up to $2,500 from a pool of grant funding annually determined by Council. Organisations must clearly demonstrate that their event supports the City of Burnside Our Community Plan 2012-2025 by showing that it meets one or more of the key approaches:

5.5.1.1 contributes to residents’ sense of community, belonging and pride;

5.5.1.2 encourages residents to participate in social, cultural, environmental, sporting and recreational activities; and

5.5.1.3 fosters greater social diversity.

5.5.2 In addition, it must be shown that the organisation:

5.5.2.1 has Public Liability Insurance to the value of $10 million for the event organisers and a copy of a current certificate of currency must be included in the application; and

5.5.2.2 has undertaken a full risk assessment of the proposed event that must be submitted to Council prior to funds being released.

5.6 Repeat Funding

5.6.1 Repeat funding of a project under this Community Grants Program will only be considered under the following circumstances:

5.6.1.1 the ongoing community need for the project has been demonstrated;

5.6.1.2 alternative sources of funding are not available;

5.6.1.3 the organisation does not have sufficient resources available to fund the project;

5.6.1.4 the organisation has satisfied all criteria relating to the nature of the application; and

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5.6.1.5 the organisation has satisfied all requirements of the previous year’s funding (e.g. submission of an appropriate financial reconciliation document and any other criteria as specified in the grant agreement).

5.7 Assessment of Applications

5.7.1 One grant round will be held each financial year. Applications will be sought via advertisements in the Messenger and via Council publications and website.

5.7.2 Council will consider all applications based on recommendations provided by a Selection Panel consisting of the Mayor and two Elected Members nominated by Council. The Selection Panel will recommend priorities for annual funding based on the criteria and City of Burnside Our Community Plan 2012-2025.

5.7.3 Funding not expended in the grant round will be retained in the Community grant budget line for the balance of the financial year and may be used for subsequent requests within the same financial year to Council from organisations that fit the criteria of the Community Grants funding.

5.8 Conditions of Grant

5.8.1 Successful organisations will be required to confirm their intention of accepting the grant and conditions by completing a ‘Grant Acceptance Form’, which will be forwarded prior to receipt of the funding cheque;

5.8.2 Grant funds are to be used within 12 months, unless approval is granted by Council to defer the project. Any unspent funds at the conclusion of the 12 months are to be returned to Council, unless otherwise negotiated;

5.8.3 Successful organisations must submit a financial reconciliation and report to the Council by 30 June in the year following receipt of the grant unless this requirement is waived in the absolute discretion of the Council. This reconciliation and reporting requirement is a condition to be imposed upon the organisation in accepting the grant funding and must, where the successful grant involves a project where further distribution of the funds (or other financial benefits) are conferred upon individuals, whether through the provision of a subsidy, discount or funding, require the organisation to provide the Council with the full name and contact details of the residents of the Council area and the financial extent to which they have benefitted from this arrangement. The Council recognises that the organisation will be required to notify such individuals of this obligation upon it to provide this personal information to the Council. Any organisation unwilling or unable to satisfy this condition must return allocated Community Grant funds in full, or that portion of the grant fund that cannot be accounted for in accordance with these requirements.

5.8.4 Organisations must acknowledge the City of Burnside in any publications or publicity;

5.8.5 If requested by the City of Burnside, the successful organisation should also be willing to make a representative available for publicity purposes either in the local media or in a Council publication or other promotional material; and

5.8.6 Any proposed changes to the project for which funds were granted must be submitted in writing to the City of Burnside.

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6. Availability

6.1 The Policy is available to be downloaded, free of charge, from Council’s website www.burnside.sa.gov.au and/or may be inspected without charge at the Civic Centre during ordinary business hours. A copy may be purchased for a fee in accordance with Council’s Fees and Charges Schedule.

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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Community Grants Program Classification: Council Policy

Policy Name: Community Grants Program Policy

First Issued / Approved: May 2003

Last Reviewed: 18 January 2011, C8075 28 August 2012; C8842 14 May 2013, C9159 9 July 2013, C9274 (deferred until 23/7/13) 8 April 2014, C9659

Next Review: June 20175

ECM tracking number: 986269

Responsible Officer: General Manager Community & Development Services

Relevant Legislation: Local Government Act 1999

Related Policies and Procedures: Sponsorship Policy 1. Introduction

1.1 The aim of the Community Grants Program is to encourage, develop and support programs, services, facilities and projects of a health, recreational, social, environmental and community development nature, which assist City of Burnside residents to derive maximum benefit and quality from their of livesfe in Burnside.

1.2 This Policy provides:

1.2.1 guidance on Council’s, priorities and the parameters of the program;

1.2.2 the required eligibility criteria that must be addressed by parties wishing to apply for a community grants; and

1.2.3 guidelines for Council staff and Elected Members when making annual grant award recipient funding decisions.

2. Strategic Plan Desired Outcomes

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

2.2 A range of high quality sport and recreational opportunities and facilities that foster healthy lifestyle pursuits.

2.22.3 Access to a range of education, health and support services that meet community needs and enhance lifestyles.

3. Our Approach

3.1 Encourage residents to participate in social, cultural, environmental, sporting and recreational activities.

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Attachment B

City of Burnside Policy Manual Page 2

3.2 Stimulate community initiatives and cooperative projects.

3.3 Facilitate the provision of education, health and other support services to residents.

4. Legislative requirements and corporate policy context

4.1 Councils have a role in improving the quality of life of the community, providing community and cultural services and facilities, and ensuring equitable access to these.

4.2 Pursuant to the Local Government Act, 1999 (“LGA”), Council’s role includes:

4.2.1 encouraging and developing initiatives within its community for improving the quality of life of the community (LGA, s.6).

4.2.2 providing services and facilities that benefit its area, ratepayers, residents and visitors (including cultural or recreational services or facilities) and establishing or supporting organisations or programs that benefit people in its area or local government generally (LGA, s.7).

5. Policy 5.1 5.1 Principles

5.1.1 5.1.1 The City of Burnside recognises that developing the social infrastructure is an important requirement to meet the needs, aspirations and the longer-term vision of the community.

5.1.2 5.1.2 The Community Grants Program is a flexible mechanism to support and strengthen individuals, families and local communities to identify their needs and develop solutions at a local level.

5.1.3 5.1.3 The Community gGrants Program represents a commitment by Council to the development of effective working partnerships with community groups in response to the key themes of Our Community Plan 2012-2025. The Community Grants Program enables community groups to meet identified needs in a partnership relationship with Council. Funded projects or programs will complement Our Community Plan 2012-2025 and foster community capacity building and sustainable communities.

5.1.4 5.1.4 Council recognises that resources are limited and therefore priority is given to community groups who can not only establish benefit to the wider community, but can mobilise the necessary resources to achieve their goals, with once-off financial assistance.

5.1.5 Grants may be made up to a maximum of $2,500.

5.1.5 5.1.6 Grants may be in one of two categories – Projects or Events.

5.1.6 Grants may be made up to a maximum of $2,500 for projects or events.

5.2 5.2 Eligibility Criteria

5.2.1 5.2.1 Applicants must be non-profit groups or organisations which who are either:

5.2.1.1 located within the City of Burnside local government area and primarily serve City of Burnside residents; or

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5.2.1.2 situated outside the City of Burnside local government area yet provide a service that primarily impacts benefits upon City of Burnside residents.

5.2.2 5.2.2 This includes non-government organisations, non-profit organisations, voluntary associations, community groups and organisations. Small groups are also encouraged to apply (if the group is not an incorporated organisation, they must have a minimum of two people nominated as responsible for the funds).

5.2.3 5.2.3 Only one application will be accepted per organisation per grant round.

5.2.4 5.2.4 Applications received from organisations or groups who which provide assistance to, or work collaboratively with Council, will be looked on favourably when assessing and allocating grant funding.

5.2.5 Organisations who which currently receive in-kind support from the City of Burnside, but not a formal Council endorsed sponsorship are eligible to receive funding through this pProgram; however, the quantum and nature of this in kind support will be considered when allocating funding.

5.2.6 Organisations who receive little or no in-kind support will be prioritised ahead of those receiving significant support.

5.2.7 Applications must be congruent with the stated aim of the Community Grants Program.: to encourage, develop and support programs, services, facilities and projects of a health, recreational, social, environmental and community development nature, aimed at enabling City of Burnside residents to derive maximum benefit and quality of life.

5.2.75.2.8 Organisations or groups may apply for funding of up to $2,500 from a pool of grant funding annually determined by Council.

5.3 Applications not considered eligible for funding

5.3.1 5.3.1 Applications NOT considered eligible for funding include:

5.3.1.1 5.3.1.1 capital works projects (work to make improvements to a building and/or the surrounding grounds to a building);

5.3.1.2 5.3.1.2 building maintenance (repairs or replacements) or building running costs (electricity, gas costs etc);

5.3.1.3 reimbursement for money already spent;

5.3.1.4 services which are considered the responsibility of State and Federal Government;

5.3.1.5 projects that are clearly a duplication of an existing service;

5.3.1.6 requests for ongoing salary (a position created for the length of the project is acceptable);

5.3.1.7 commercial or profit- making organisations;

5.3.1.8 events or projects that are provided exclusively to the applicant group members, (with the exception of events/projects that provide a significant social benefit or service targeting community members from a disadvantaged or target demographic group);

5.3.1.9 events that are specifically for fundraising;

5.3.1.95.3.1.10 events or programs specifically awarded Council Sponsorship in the same financial year;

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5.3.1.105.3.1.11 items or services that are not directly related to staging the event or project; and

5.3.1.115.3.1.12 funding of commercial activities.

5.4 5.4 Community Projects 5.4.1 5.4.1 Community Groups within the City of Burnside local

government area are encouraged to apply for project funding of up to $2,500 from a pool of grant funding annually determined by Council.

5.4.25.4.1 5.4.2 Organisations or groups must clearly demonstrate that their project supports the City of Burnside’s Our Community Plan 2012-2025 by showing that it meets one or more of the key approaches:

5.4.2.15.4.1.1 contributes to residents’ sense of community, belonging and pride;

5.4.2.25.4.1.2 encourages residents to participate in social, cultural, environmental, sporting and recreational activities;

5.4.2.35.4.1.3 fosters greater social diversity;

5.4.2.45.4.1.4 stimulates community initiatives and cooperative projects;

5.4.2.55.4.1.5 encourages volunteerism;

5.4.2.65.4.1.6 promotes and facilitates access to the range of activities, health and support services available for the community;

5.4.2.75.4.1.7 facilitates the provision of education, health and support services available for the community; and

5.4.2.85.4.1.8 strengthens community capacity to respond to identified needs within the community.

5.4.2 In addition:

5.4.2.1 , it must be shown that the organisation has limited capacity to obtain the necessary funds through other means (e.g. with an audited financial statement for the current financial year); and

5.4.2.2 the grant amount awarded will not exceed half the whole total project cost, and will be up to a maximum of $2,500;

5.4.2.95.4.2.3 The whole project cost will not be able to include a calculated value for any volunteer labour the project may utilise. (excluding any financial calculation of the value of volunteer labour.)

5.5 5.5 Community Events 5.5.1 5.5.1 The City of Burnside encourages applications from community

organisations wishing to stage an event that will contribute to the community spirit of the City. Events must be held within the City of Burnside local government area and be intended for the general public and/or local community. Organisations must clearly demonstrate that their event supports the City of Burnside Our Community Plan 2012-2025 by showing that it meets one or more of the key approaches:

5.5.1.1 contributes to residents’ sense of community, belonging and pride;

5.5.1.2 encourages residents to participate in social, cultural, environmental, sporting and recreational activities; and

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5.5.1.3 fosters greater social diversity.

5.5.2 In addition, it must be shown that the organisation:

5.5.2.1 has Public Liability Insurance to the value of $10 million for the event organisers and a copy of a current certificate of currency must be included in the application; and

5.5.2.15.5.2.2 has written Council permission to use that venue for the periods required to successfully deliver the event, if a Council building or park is the preferred event site; and

5.5.2.25.5.2.3 has undertaken a full risk assessment of the proposed event that must be submitted to Council prior to funds being released.

5.6 5.6 Repeat Funding

5.6.1 5.6.1 Repeat funding of a project under through the this Community Grants Program will only be considered under the following circumstances:

5.6.1.1 5.6.1.1 the ongoing community need for the project has been demonstrated;

5.6.1.2 5.6.1.2 alternative sources of funding are not available;

5.6.1.3 5.6.1.3 the organisation does not have sufficient resources available to fund the project;

5.6.1.4 5.6.1.4 the organisation has satisfied all criteria relating to the nature of the application; and

5.6.1.5 5.6.1.5 the organisation has satisfied all requirements of the previous year’s funding (e.g. submission of an appropriate financial reconciliation document and any other criteria as specified in the Ggrant agreement).

5.7 5.7 Assessment of Applications

5.7.1 One grant round will be held each financial year. Applications will be sought via advertisements in a newspaper of local circulation the Messenger and via Council publications and website.

5.7.2 Council will consider all applications based on recommendations provided by a Selection Panel. The Selection Panel will consisticonsistng of the Mayor and two Elected Members nominated by Council. The Selection Panel will recommend priorities for annual funding based on the program criteria and on delivering on the Desired Outcomes of the City of Burnside Our Community Plan 2012-2025.

5.7.3 Funding not expended in the grant round will be retained in the Community Ggrant Program budget line for the balance term of the financial year and may be used for subsequent requests within the same financial year to Council from organisations that fit the criteria of the Community Grants Program funding.

5.8 5.8 Conditions of the Grant

5.8.1 5.8.1 Successful organisations will be required to confirm their intention of accepting the grant and conditions by completing a ‘Grant

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Acceptance Form’, which will be forwarded prior to receipt of the funding cheque.;

5.8.2 Grant funds are to be used within the program’s financial year12 months, unless approval is granted by Council to defer the project. Any unspent funds at the conclusion of the program’s financial year 12 months are to be returned to Council, unless otherwise negotiated.;

5.8.3 Successful organisations must submit a financial reconciliation and report to the Council by 30 June in the year following receipt of the grant unless this requirement is waived in the absolute discretion of the by decision of Council. This reconciliation and reporting requirement is a condition to be imposed upon the organisation in accepting the grant funding. and must, Wwhenre the successful grant involves a project where further distribution of the funds (or other financial benefits) are conferred upon individuals, whether through the provision of a subsidy, discount or funding, require the organisation to provide the Council requires with the full name and contact details of the residents of the Council area and the financial extent to which they have benefitted from this arrangement.

5.8.35.8.4 The Council recognises that the organisation will be required to notify such individuals of this obligation upon it, that is, to provide this personal information to the Council. Any organisation unwilling or unable to satisfy this condition must return allocated Community Grant funds in full, or that portion of the grant fund that cannot be accounted for in accordance with thisese requirements.

5.8.45.8.5 Organisations must acknowledge the City of Burnside in any publications or publicity associated with the grant funded program or event;

5.8.55.8.6 If requested by the City of Burnside, the successful organisation should also be willing to make a representative available for publicity purposes either in the local media or in a Council publication or other promotional material; and

5.8.65.8.7 5.8.6 Any proposed significant changes to the project for which funds were granted must be submitted in writing to the City of Burnside for approval as soon as possible.

6 6. Grievances

6.1 Any grievances in relation to this Policy or its application should be forwarded in writing to the General Manager, Community and Development Services, City of Burnside.

7 Review and Authority

7.1 This Policy will be reviewed bi-annually in accordance with Council’s Policy and Procedure Framework.

7.2 For the purposes of operational requirements, whilst still supporting the intent of

the policy, the General Manager, Community and Development Services may approve, waiver or vary requirements of this Policy as needed.

68 Availability

6.18.1 6.1 The Policy is available to be downloaded, free of charge, from Council’s website www.burnside.sa.gov.au and/or may be inspected without charge at the

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Civic Centre during ordinary business hours. A copy may be purchased for a fee in accordance with Council’s Fees and Charges Schedule.

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). 9. Further information

For further information about this policy please contact:

Manager Community Connections City of Burnside 401 Greenhill Road Tusmore SA 5065

110

Council Agenda Item 15.11 14 July 2015 Item No: 15.11 To: Council Date: 14 July 2015 Author: General Manager and Division

Leonie Scriven – Manager, Community Connections Louise Miller-Frost – General Manager, Community and Development Services

Contact: 8366 4143 Subject: COMMUNITY GRANTS SELECTION PANEL – ELECTED MEMBER

REPRESENTATIVES (OPERATIONAL) Attachments: Nil Prev. Resolution: C9159, 14/5/13

C9600, 28/2/14

Officer’s Recommendation

1. That the Report be received.

2. That, along with the Mayor, Council appoints the following Elected Members to the Selection Panel for the 2015/16 City of Burnside Community Grants Program:

2.1 Councillor Anne Monceaux

2.2 Councillor Jane Davey

3. That the Community Grants Program Selection Panel present recommendations to Council as soon as practicable following the selection of successful applicants, for endorsement by Council.

Purpose

1. The purpose of this report is for Council to approve the appointment of Elected Members to the Community Grants Program Selection Panel, in addition to the Mayor.

Strategic Community Plan

2. The following Strategic Plan provisions are relevant:

“A vibrant and diverse community that has a strong sense of belonging”

“Our Community is actively engaged and involved in shaping the city’s future”

Statutory

3. There are no statutory implications or requirements associated with this recommendation.

Policy

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

Community Grants

Sponsorships

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Council Agenda Item 15.11 14 July 2015

4.1 The Community Grants Policy is expected to be reviewed at the same meeting as this Report and hence the Policy is not attached to this Council report.

Communication

5. Elected Members were invited to express an interest in nominations for membership on the 2015/2016 Community Grants Program Selection Panel (the Selection Panel) via Information Document on 4 June 2015. Councillors Anne Monceaux and Jane Davey contacted the Administration expressing an interest in being on the Panel.

Risk Assessment

6. If no Elected Members are appointed to the Panel, or there is a delay in the appointment of Panel members, there may be a delay in the determination of Community Grant Program recipients and subsequent delay in disbursement of the funds.

Finance

7. Community Grant funds of $26,500 for financial year 2015/2016 have been provisioned within the adopted 2015/16 Annual Business Plan and Budget.

Discussion

8. On 4 June 2015, an Information Document was forwarded to Elected Members inviting nominations for membership on the 2015/2016 Community Grants Program Selection Panel (the Selection Panel).

9. The Mayor is automatically a member of the Selection Panel by virtue of the Community Grants Policy and a previous resolution (C9600), which states the ‘the Mayor be included on an “ex-officio” basis as a member of all Committees and Working Parties of Council (other than the Development Assessment Panel), effective forthwith’.

10. Two Elected Members, Councillor Anne Monceaux and Councillor Jane Davey, advised of their interest in being representatives on the Selection Panel. Should other Elected Members be interested in being on the Panel, they may nominate during the Council meeting when this report is debated. The number of Elected Members on the Panel is not specified in the Policy.

11. In accordance with the Community Grants Policy, the role of the Selection Panel is to consider the applications that have been received for Community Grants in the 2015/2016 funding round and make recommendations to Council as to recipients and amounts. Applications for the 2015/2016 Community Grants funding round will commence on Wednesday 8 July 2015 and close on Wednesday 12 August 2015.

Conclusion

12. Councillors Anne Monceaux and Jane Davey have expressed an interest in being representatives, together with the Mayor, on the Community Grants Program Selection Panel to provide recommendations to Council for the distribution of Community Grant funds in 2015/16.

13. It is recommended that Council endorse the composition of the Community Grants Program Selection Panel.

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Council Agenda Item 15.12 14 July 2015 Item No: 15.12 To: Council Date: 14 July 2015 Author: Louise Miller-Frost – General Manager, Community and

Development Services General Manager and Division:

Louise Miller-Frost – General Manager, Community and Development Services

Contact: 8366 4155 Subject: DRAFT REGIONAL PUBLIC HEALTH AND WELLBEING PLAN –

RESULTS OF COMMUNITY CONSULTATION Attachments: A. Regional Public Health Plan Consultation Amendments

June 2015 Prev. Resolution: Nil

Officer’s Recommendation

1. That the Report be received.

2. That the final draft Public Health and Wellbeing Plan for the Eastern Health Authority Constituent Councils be endorsed.

Purpose

1. To present the results of the community consultation on the draft Regional Public Health and Wellbeing Plan for the Eastern Health Authority (EHA) Constituent Councils and the amendments proposed to the Plan in response to the feedback received.

2. To seek endorsement from Council for the amended draft Regional Public Health and Wellbeing Plan.

Strategic Plan

3. The following Strategic Plan provisions are relevant:.

“A vibrant and diverse community that has a strong sense of belonging”

“A safe community that values and supports its people”

“A community that can access a range of information, services and opportunities that enhance their lives”

Communications/Consultation

4. Councillors Monceaux and Cornish are the City of Burnside’s appointed delegates to the EHA Board and as such, are aware of this matter. On 21 May 2015, an Information Session for Elected Members was held on the development of the draft Regional Public Health and Wellbeing Plan, prior to its release for public consultation.

5. Public consultation was undertaken by all Councils at the same time and for the same time period, to ensure a consistent and collaborative approach. As the City of Prospect required consultation for a minimum period of six weeks, all Councils applied this timeframe (9 March to 17 April 2015).

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Council Agenda Item 15.12 14 July 2015 Statutory

6. The following legislation is relevant in this instance:

Work Health and Safety Act 2012 (WHS Act)

Work Health and Safety Regulations 2012

Local Government Act 1999

WorkCover Performance Standard for Self Insurers (PSSI)

Code of Practice – Work Health and Safety Consultation, Co-operation and Co-ordination

Policy

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

WHS Consultation and Communication

WHS and Injury Management

WHS System Administration

WHS Consultation and Communication Procedure

Risk Assessment

8. Section 51 of the South Australian Public Health Act 2011 requires Councils to prepare and maintain a Public Health Plan.

Finance

9. There are no costs associated with endorsing the Plan. Funding for the implementation of the Plan’s Directions may need to be considered over time, as part of the budget approval process. Staff representation will be required on the ongoing Advisory Committee which is proposed for the oversight of the Plan’s implementation.

Background

10. Council approved the release of the draft Regional Public Health and Wellbeing Plan for community consultation on 24 February 2015. Consultation was undertaken from 9 March 2015 until 17 April 2015.

11. A summary of the results of the consultation has been prepared and includes the proposed amendments to the Plan in response to the feedback received. A copy of the Summary is contained in Attachment A. A copy of the final draft Regional Public Health and Wellbeing Plan, incorporating the proposed amendments, is contained in Attachment B.

12. It is a requirement of the South Australian Public Health Act 2011 that all Councils prepare and adopt a Public Health Plan. Under the Act, a group of Councils may jointly prepare a Regional Public Health Plan. The Constituent Councils of the EHA collectively agreed to develop a regional model for public health planning for the EHA region. EHA is a Regional Subsidiary established under Section 43 of the Local Government Act 1999. The EHA Charter outlines the public and environmental health

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Council Agenda Item 15.12 14 July 2015

services provided to the five Constituent Councils and includes a requirement for public health planning. Public Health Plans aim to promote public and environmental health, foster a stronger, healthier and more resilient community and strengthen Council partnerships with other organisations and tiers of government which play a role in supporting health and wellbeing.

13. The draft Regional Public Health and Wellbeing Plan was developed in consultation with a diverse range of stakeholders. The State Public Health Plan ‘South Australia: A Better Plan to Live’ was also taken into account.

14. The State Public Health Plan seeks to strengthen and improve co-ordination of public health management and address existing and emerging public health challenges including the following:

13.1 increasing chronic disease;

13.2 public health risk factors, such as new and re-emerging infectious diseases and excessive use of tobacco, alcohol and other drugs; and

13.3 impacts of increasing global temperatures on local communities.

15. An Advisory Committee was established in 2013 to oversee the preparation of the Plan. The Committee comprises representatives from each of the EHA Constituent Councils and senior EHA staff. Following a procurement process undertaken in 2013, Healthy Environs Pty Ltd was appointed to assist the Committee to develop a draft Plan.

16. The strategies identified in the draft Regional Public Health and Wellbeing Plan build on the extensive work which is already being done by the Constituent Councils which helps to improve health and wellbeing. The strategies also build on the strong working relationships which already exist between stakeholders across different sectors, as it is recognised that Local Government alone cannot address all of the issues facing the community.

17. Councils are recognised for their key role in providing infrastructure and services which contribute to the health and wellbeing of their communities as well as being able to consolidate their planning and implementation activities and continue to address the broad range of factors which impact on community health.

18. The draft Regional Public Health and Wellbeing Plan contains sections on the following theme areas:

18.1 Environments for Health

The draft Regional Public Health and Wellbeing Plan recognises that the natural, built and cultural environment influences how people live, their interaction with their communities and their ability to adopt active and healthy lifestyles. A range of future directions are outlined to integrate health and wellbeing into relevant Council planning processes relating to the built environment, natural environment, tree management and protection, climate change adaptation, open space, recreation and sporting facilities and active transportation.

18.2. Capacity for Health

The draft Regional Public Health and Wellbeing Plan recognises that preventable and lifestyle related diseases can be greatly reduced by avoiding being overweight or obese; poor diet; tobacco use; harmful levels of alcohol use etc. Whilst there are no easy solutions to these complex public health problems,

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Councils can partner with a range of stakeholders to address these issues, working towards a community vision of healthy, active and resilient communities. A range of strategies are outlined to improve the community’s capacity for healthy lifestyles, including advocacy for vulnerable groups and improving community engagement and participation.

18.3. Protection for Health

The draft Regional Public Health and Wellbeing Plan outlines a commitment to protecting public health and safety through developing and enforcing public and environmental health performance standards, adopting a risk based approach to public health management, continuing to provide immunisation services and planning for emergency risks.

19. As part of developing the draft Regional Public Health and Wellbeing Plan, a Regional Consultation Forum was held on 2 April 2014 for key stakeholder representatives from a range of Government and Non-Government Agencies and Community Organisations to:

19.1 explore the range of health and wellbeing initiatives underway in the region;

19.2 discuss opportunities to improve community health and wellbeing in the region; and

19.3 discuss how existing services can be built upon to provide greater collaboration and improve service delivery.

20. Following the Consultation Forum, the draft Regional Public Health and Wellbeing Plan was prepared and was endorsed for public consultation by the EHA Board. The draft Regional Public Health and Wellbeing Plan was made available for viewing at Council Offices and a copy was posted on the Council website. The opportunity to comment was also promoted on the website of all Constituent Councils as well as the EHA website, social media and Council Messenger Information Columns. The webpage on the Council website also directed interested persons to provide feedback directly to the consultants using an online survey form.

21. As part of the consultation process, a copy of the draft Regional Public Health and Wellbeing Plan was forwarded to all stakeholders registered on the mailing list for the Regional Forum, as well as the Chief Public Health Officer in line with the requirements of the South Australian Public Health Act 2011.

22. The feedback received during the consultation period was collated by Healthy Environs Pty Ltd and has been considered by the Advisory Committee. A number of amendments to the draft Regional Public Health and Wellbeing Plan are proposed in response to the feedback received (Attachment A).

23. Endorsement of the final draft Regional Public Health and Wellbeing Plan by each Council is now sought, in order to progress the implementation of the Plan’s strategies and actions.

Discussion

24. The impact of economic factors on public health and opportunities to foster economic wellbeing, are addressed in the draft Regional Public Health and Wellbeing Plan.

25. Although the community of the EHA Region enjoys a relatively high standard of living, the draft Regional Public Health and Wellbeing Plan identifies a number of health and

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lifestyle issues which need to be addressed, including the need to provide more support to those who are most vulnerable.

26. The draft Regional Public Health and Wellbeing Plan considers the important contribution of cultural wellbeing to community health.

27. There are no direct environmental implications of endorsing the draft Regional Public Health and Wellbeing Plan. However, the public health challenges emerging as a result of environmental factors are addressed in the draft Regional Public Health and Wellbeing Plan.

28. A total of 13 submissions on the draft Regional Public Health and Wellbeing Plan were received during the consultation period including 10 on-line responses and three other submissions. Overall, the feedback received is very positive and the three theme areas and proposed Directions are generally supported.

29. The Chief Public Health Officer has informed the Advisory Committee that the draft Regional Public Health and Wellbeing Plan meets the requirements for Regional Public Health Plans as outlined in Section 51 of the SA Public Health Act 2011.

30. The submissions received cover a range of issues and many of the suggestions have been incorporated in the draft Regional Public Health and Wellbeing Plan. These include minor amendments to update references to potential partners, existing initiatives and government plans and policies etc.

31. Amendments were also made to address the following opportunities raised:

31.1 consideration of innovative and best practice maintenance techniques to minimise environmental health risks;

31.2 reviewing service provision where age group, spatial and other disparities exist and advocating in partnership with key stakeholders;

31.3 promoting and enabling inclusive access to swimming facilities in the region;

31.4 planning for safe roads and accessible walking and cycling infrastructure; and

31.5 considering opportunities for co-locating health, wellbeing, fitness and other services within community facilities.

32. As a number of these issues are already being addressed by the Constituent Councils, it is appropriate that they be added to the draft Regional Public Health and Wellbeing Plan.

33. A number of the issues raised in submissions are already addressed in the draft Regional Public Health and Wellbeing Plan and no amendment in these cases is considered warranted.

34. A number of valid suggestions were received from respondents for specific strategies and actions which are beyond the scope of Local Government. The summary of feedback will be forwarded to the Department of Health and Ageing for further consideration of the suggestions made.

35. The amendments which have been made to the draft Regional Public Health and Wellbeing Plan are outlined in Attachment A. The Advisory Committee has approved the amendments.

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Eastern Health Authority Board of Management Minutes 24 June 2015

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 24 June 2015 commencing at 6:30pm.

MEMBERS PRESENT: Cr P Cornish, Cr A Monceaux Burnside

Cr J Kennedy, Cr M Ryan Campbelltown

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

Cr K Barnett, Cr T Evans Prospect

Cr M Bishop Walkerville

In attendance: M Livori Chief Executive Officer

N Conci Team Leader Environmental Health Officer

N Bevitt Team Leader Administration and Immunisation

1 OPENING:

The meeting was declared open by the Chair, Cr S Whitington, at 6:33pm.

2 APOLOGIES:

Cr D Shetliffe Walkerville

3 CHAIRPERSON’S REMARKS Nil.

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Eastern Health Authority Board of Management Minutes 24 June 2015

4 CONFIRMATION OF MINUTES: J Kennedy moved: The minutes of the meeting of the Board held on 29 April 2015 be taken as read

and confirmed.

Seconded by G Knoblauch

CARRIED UNANIMOUSLY 1:0615

5 MATTERS ARISING FROM THE MINUTES:

Nil.

6 ADMINISTRATION REPORT: 6.1 FINANCIAL REPORTS

Cr T Evans moved:

That:

The financial report is received and adopted.

Seconded by Cr P Cornish

CARRIED UNANIMOUSLY 2:0615

6.2 THIRD AND FINAL (MARCH 2015) BUDGET REVIEW

Cr P Cornish moved:

That:

1 The Third and Final (March 2015) Budget Review Report is received 2 The amended budgeted financial statements for 2014/2015 as

detailed in attachment 2 of the Third and Final (March 2015) Budget Review Report are adopted with a revised result being a surplus of $12,517.

Seconded by Cr A Monceaux

CARRIED UNANIMOUSLY 3:0615

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Eastern Health Authority Board of Management Minutes 24 June 2015

6.3 ADOPTION OF ANNUAL BUSINESS PLAN AND BUDGETED FINANCIAL STATEMENTS FOR 2015/2016

Cr K Barnett moved:

That:

1. The report regarding the adoption of the Eastern Health Authority Annual Business Plan and Budgeted Financial Statements for 2015/2016 is received.

2. The Eastern Health Authority Annual Business Plan for 2015/2016 provided as attachment 4 to the report is adopted.

3. The Budgeted Financial Statements as detailed in the Eastern Health

Authority Annual Business Plan 2015/2016 and provided as attachment 4 to the report are adopted.

4. A copy of the Eastern Health Authority Annual Business Plan 2015/2016 including the Budgeted Financial Statements are provided to the Chief Executive Officer of each Constituent Council within five business five days.

Seconded by Cr M Ryan

CARRIED UNANIMOUSLY 4:0615

6.4 SUPPORTED RESIDENTIAL FACILITIES ACT 2015-16 LICENSING REPORT

Cr A Monceaux moved:

That:

1. The Supported Residential Facilities 2015-2016 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 2015 to 30 June 2016 under the provisions of the Supported Residential Facilities Act 1992 without licence conditions:

Applicant Premises Retire Australia Magill Estate Retirement Village

122 Reid Avenue Magill SA 5072 Bellara Aged Care Pty Ltd Bellara Village

98 Newton Road, Campbelltown, SA 5074 Westwal Pty Ltd and Tepport Pty Ltd

Vailima Gardens Retirement Village 63 Hackney Road, Hackney, SA 5069

Westwal Pty Ltd Auscare at Unley 262 Cross Road, Kings Park 5034

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Eastern Health Authority Board of Management Minutes 24 June 2015

3. The applicants detailed below be granted a licence to operate a Supported Residential Facility for a period of one year, from 1 July 2015 to 30 June 2016 under the provisions of the Supported Residential Facilities Act 1992, subject to conditions:

Applicant Premises Magill Lodge Supported Residential Care Pty Ltd

Magill Lodge 524 Magill Road Magill SA 5072

Conditions 1. Provide adequate lighting to all bedrooms particularly bedrooms 11 and 16. 2. Monitor the odour in all bedrooms particularly bedrooms 16 and 25. Ensure

adequate ventilation in bedrooms and throughout the facility. 3. Repair the holes in the flooring in bedrooms 5 and 16.

Conditions 1-3 must be complied with by 30 September 2015 Applicant Premises Antwyn Pty Ltd

Prospect Residential Care Service 6 Dean Street Prospect SA 5082

Conditions 1. Repair the damaged wall in bedroom 3 2. Replace the worn carpet in bedroom 6 3. Clean the walls in bedroom 6 to remove dirt and staining 4. Clean or replace the mouldy floor mat in the men’s bathroom located on the

northern side of the facility 5. Repair and paint the ceiling in the kitchen

Conditions 1-5 must be complied with by 30 September 2015 Applicant Premises Sorento Care Ltd Aldridge Court

109 – 111 Young St Parkside SA 5063 Conditions 1. Increase shaded space in outdoor communal areas 2. Accurate medication records must be kept for all residents receiving medication.

Records must demonstrate when: i. the resident has taken the medication ii. the resident has refused the medication iii. the resident is absent for their medication iv. a resident does not take their medication, what action is taken

Condition one must be completed by 29 February 2016 and condition two is ongoing for period of the licence from 1 July 2015 – 30 June 2016. Applicant Premises Gumtree Grove Pty Ltd Rose Terrace Hostel Conditions 1. Provide a screen door to the rear laundry door. 2. Encourage regular natural ventilation in bedrooms to remove odours.

Condition one must be complied with by 30 July 2015. Condition two is ongoing for period of the licence from 1 July 2015 – 30 June 2016.

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Eastern Health Authority Board of Management Minutes 24 June 2015

4. The applicants detailed below be granted a licence to operate a Supported Residential Facility for a period of five months, from 1 July 2015 to 30 November 2015 under the provisions of the Supported Residential Facilities Act 1992, subject to conditions:

Applicant Premises Megameg Pty Ltd

St Michaels Rest Home 494 Fullarton Road Myrtle Bank SA

Conditions West Wing 1. Replace the carpet using a material that can be easily and effectively

cleaned in bedrooms 4 2. Replace the carpet using a material that can be easily and effectively cleaned in bedrooms 6 Middle Wing Bedroom 1 3. Clean the floor to remove dirt and staining 4. Replace the handles on the chest of drawers 5. Encourage natural ventilation to remove odour in the room Bedroom 4 6. Replace the worn carpet in the bedroom 7. Clean the curtains to remove the dust East Wing 8. Clean the floor in bedroom 1 9. Repair the floor underneath the bed in bedroom 2 using a durable material Bedroom 3 10. Replace the flooring in consultation with the resident to allow for effective cleaning 11. Remove or store personal belongings in an manner that allows for access

and effective cleaning 12. Clean the window seals to remove dirt and dust 13. Repair the cracks in the walls Bedroom 8 14. Clean the floor to remove the dirt. 15. Increase the cleaning frequency to ensure the room is in a clean and

sanitary condition. 16. Encourage regular natural ventilation to remove the offensive odour of

cigarette smoke. 17. Enforce the rule stipulated in the Prospectus; ‘There is to be no smoking

inside the buildings making up St Michaels Rest Home’ Bedroom 13 18. Clean the fan to remove dust 19. Clean the floor to remove dirt and staining 20. Remove or store personal belongings in an manner that allows for effective

cleaning 21. Encourage natural ventilation to remove odour in the room Store room 22. Discard the accumulated disused furniture in the store room in the east

wing.

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Eastern Health Authority Board of Management Minutes 24 June 2015

General facility 23. Encourage regular natural ventilation to remove odours from bedrooms Menu 24. Ensure that food has reasonable nutritional value and that a variety of food

is made available to the residents, specifically i. Offer white meat 2 times per week in weeks 2, 3, 4, 5 and ii. Offer red meat 2 times per week in weeks 4 and 5 iii. Offer a vegetarian main meal in week 6 iv. Offer pasta based main meal in weeks 1, 3, 4 and 5 v. Provide varied light meals (lunch) to avoid repetition of soup and

sandwiches 5 days per week

25. Install or repair the current communication system at the facility which enables communication with residents as required, such as in the case of an emergency. The specification of the communication system must be approved in writing by the Eastern Health Authority prior to the installation of a new or significantly changed system.

26. Provide to the Eastern Health Authority, a policy on how the communication system will be operated by staff, maintained in a fully functional state and how the facility will ensure each resident understands how to operate the system

All conditions 1-26 must be completed by 31 August 2015.

Conditions 3, 5, 7, 8, 11, 12, 14, 15, 16, 17,18, 19, 20, 21, 23, 24 and 25 are ongoing for the period of the licence from 1 July 2015 to 30 November 2015.

Seconded by Cr P Cornish

CARRIED UNANIMOUSLY 5:0615

7 INFORMATION REPORTS:

7.1 Public and Environmental Health

Cr J Kennedy moved:

That:

The Public and Environmental Health Report is received.

Seconded by Cr M Ryan

CARRIED UNANIMOUSLY 6:0615

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Eastern Health Authority Board of Management Minutes 24 June 2015

7.2 Immunisation

Cr P Cornish moved:

That:

The Immunisation Services Report is received.

Seconded by Cr A Monceaux

CARRIED UNANIMOUSLY 7:0615

7.3 Food Safety Report

Cr G Knoblauch moved:

That:

The Food Safety Report is received.

Seconded by Cr K Barnett

CARRIED UNANIMOUSLY 8:0615

7.4 Health Care and Community Services

Cr P Cornish moved:

That:

The Supported Residential Facility Report is received. Seconded by Cr M Ryan

CARRIED UNANIMOUSLY 9:0615

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Eastern Health Authority Board of Management Minutes 24 June 2015

8 CONFIDENTIAL REPORT

8.1 CHIEF EXECUTIVE OFFICER PERFORMANCE REVIEW APPRAISAL AND REMUNERATION REVIEW

Cr K Barnett moved:

RECOMMENDATION 1

Pursuant to section 90(2) and 90(3)(a) of the Local Government Act 1999 (the Act) the Board of Management (Board) orders that all members of the public be excluded from attendance at the meeting for Agenda Item 6.1 – Chief Executive Officer Performance Review Appraisal and Remuneration Review. The Board is satisfied that, pursuant to section 90 (3) (a) of the Act, the information to be received, discussed or considered in confidence is: (3) (a): Information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of the Chief Executive Officer, in that details of his employment contract and remuneration will be discussed and the Board is satisfied with the principle that the meeting should be conducted in a place open to the public has been outweighed in relation to this matter by the need to keep the discussion of this matter confidential.

Seconded by M Ryan

CARRIED UNANIMOUSLY 10:0615

Cr J Kennedy moved:

RECOMMENDATION 2 In accordance with Section 91 (7) and (9) of the Local Government Act 1999, the Board of Management (Board) orders that in relation to the Chief Executive Officer Performance and Remuneration Review Report, all relevant documentation arising from the Report, having been considered by the Board in confidence under Section 90 (3) (a) be kept confidential and not available for public inspection for a period of 12 months from the date of this meeting on the grounds that it involves information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of the Chief Executive Officer.

Seconded by Cr K Barnett

CARRIED UNANIMOUSLY 11:0615

9 CORRESPONDANCE

Nil.

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Eastern Health Authority Board of Management Minutes 24 June 2015

10 CLOSURE OF MEETING:

The Chairperson, Cr S Whitington, declared the meeting closed at 8:36pm.

The foregoing minutes were printed and circulated to EHA Members and member Councils on 29 June 2015.

-----------------------------------------

CR S Whitington

CHAIRPERSON

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