notice of meeting - city of holdfast bay · · 2016-07-21notice of meeting notice is ... “would...

Council Agenda

NOTICE OF MEETING Notice is hereby given that an ordinary meeting of Council will be held in the Council Chamber – Glenelg Town Hall Moseley Square, Glenelg

Tuesday 26 July 2016 at 7.00pm

Justin Lynch CHIEF EXECUTIVE OFFICER

1City of Holdfast Bay Council Agenda 26/07/16

Ordinary Council Meeting Agenda 1. OPENING His Worship the Mayor will declare the meeting open at 7:00pm. 2. KAURNA ACKNOWLEDGEMENT We acknowledge Kaurna people as the traditional owners and custodians of this

land.

We respect their spiritual relationship with country that has developed over thousands of years, and the cultural heritage and beliefs that remain important to Kaurna People today.

3. PRAYER Heavenly Father, we pray for your presence and guidance at our Council Meeting. Grant us your wisdom and protect our integrity as we carry out the powers and

responsibilities entrusted to us on behalf of the community that we serve. 4. APOLOGIES 4.1 Apologies Received

4.2 Absent 5. ITEMS PRESENTED TO COUNCIL 6. DECLARATION OF INTEREST If a Council Member has an interest (within the terms of the Local Government Act

1999) in a matter before the Council they are asked to disclose the interest to the Council and provide full and accurate details of the relevant interest. Members are reminded to declare their interest before each item.

7. CONFIRMATION OF MINUTES Motion

That the minutes of the Ordinary Meeting of Council held on 12 July 2016 be taken as read and confirmed.

Moved Councillor _______, Seconded Councillor ________ Carried 8. PUBLIC PRESENTATIONS

8.1 Petitions ‐ Nil

8.2 Presentations

8.2.1 Somerton Yacht Club Members of the Somerton Yacht Club will make a presentation

to Council on the redevelopment of their site.

8.3 Deputations ‐ Nil

2City of Holdfast Bay Council Agenda 26/07/16

9. QUESTIONS BY MEMBERS 9.1 Without Notice 9.2 On Notice 9.2.1 Question on Notice ‐ Land Sale Tod Lane (Report No: 187/16) 10. MEMBER’S ACTIVITY REPORTS ‐ Nil 11. MOTIONS ON NOTICE ‐ Nil 12. ADJOURNED MATTERS ‐ Nil 13. REPORTS OF MANAGEMENT COMMITTEES, SUBSIDIARIES AND THE

DEVELOPMENT ASSESSMENT PANEL

13.1 Minutes – Alwyndor Management Committee – 21 June 2016 (Report No: 186/16)

14. REPORTS BY OFFICERS 14.1 Items in Brief (Report No: 175/16) 14.2 Commercial Leasing and Licensing Policy (Report No: 176/16) 14.3 Unspent 2015‐16 Budgets Carried Forward (Report No: 177/16) 14.4 Draft Animal Management Directions Plan 2017‐2021 (Report No: 185/16) 15. RESOLUTIONS SUBJECT TO FORMAL MOTIONS Presented for the information of Members is a listing of resolutions subject to formal

resolutions, for Council and all Standing Committees, to adjourn or lay on the table items of Council business, for the current term of Council.

16. URGENT BUSINESS – Subject to the Leave of the Meeting 17. CLOSURE

JUSTIN LYNCH CHIEF EXECUTIVE OFFICER

1 City of Holdfast Bay Council Report No: 187/16

Item No: 9.2.1 Subject: QUESTION ON NOTICE – LAND SALE – TOD LANE Date: 26 July 2016

QUESTION Councillor Charlick asked the following question:

“Would the Chief Executive Officer provide an update on the sale of Tod Lane.” ANSWER – Acting General Manager City Assets and Services Following the Council meeting of 10 May 2016, the General Manager of City Assets and Services wrote to the property owner advising of Council’s resolutions. As a result of the Council meeting of 10 May 2016, the land was agreed to be sold by Council for a valuation price of $40,000 provided the property owner also meets the associated conveyancing costs, and Council reserves the right of an easement over the underground drainage. The owner subsequently agreed to purchase the land and has commenced the surveying and conveyancing processes. This could take up to 3 months for the whole of the land transfer process to be completed.


TRIM Reference: B2759

Item No: 13.1 Subject: MINUTES – ALWYNDOR MANAGEMENT COMMITTEE – 21 JUNE 2016 Date: 26 July 2016 Written By: Governance Officer General Manager: Alwyndor, Mr G Potter

SUMMARY The Minutes of the Alwyndor Management Committee meeting on 21 June 2016 are provided for information.

RECOMMENDATION That the minutes of the Alwyndor Management Committee meeting on 21 June 2016 be noted.

COMMUNITY PLAN A Place with a Quality Lifestyle A Place for Every Generation A Place that Provides Value for Money A Place that Provides Choices and Enhances Life COUNCIL POLICY Not applicable STATUTORY PROVISIONS Not applicable BACKGROUND This report is presented following the Alwyndor Management Committee Meetings. The Alwyndor Management Committee was established to manage the affairs of Alwyndor Aged Care Facility. The Council has endorsed the Committee’s Terms of Reference and given the Committee delegated authority to manage the business of Alwyndor Aged Care Facility.

MEETING RECORD

of the Alwyndor Management Committee

Tuesday 21 June 2016 at 6.30pm

T Hill

Acting General Manager

Our Vision

To honour the legacy, vision and intent of the DOROTHY CHEATER

TRUST by providing high quality community and residential

services, offering a viable and flexible mix of personalised care and

support services to older people in the local community.

AMC

MINUTES

ALWYNDOR AGED CARE

MANAGEMENT COMMITTEE

TUESDAY 21 June 2016 at 6.30 pm

A. AGENDA

1. PRESENT

Mr. D Royans (Chairman) Cr. R Aust

Ms. C Cotton Mr. O Peters

Mr. T Bamford Mr. I Pratt

Mr. M Bower Ms. L Wills

Ms. K Stevens Cr S Lonie

2. IN ATTENDANCE

Mr. T. Hill Acting General Manager

3. OPENING

The Chairman declared the meeting open at 18:35 pm and welcomed all in attendance.

4. APOLOGIES

Mr. G. Potter General Manager

5. DECLARATION OF INTEREST

If a Committee Member has an interest (within the terms of the Local Government Act 1999) in a matter before the AMC, they

are asked to disclose the interest to the AMC and provide full and accurate details of the relevant interest. Members are reminded

to declare their interest before each item.

Nil

6. CONFIRMATION OF MINUTES

6.1 Recommendation

The minutes of the meeting held on 17 May 2016 were taken as read, approved and confirmed as a true record.

Moved: S. Lonie

Seconded: C. Cotton CARRIED

7. BUSINESS ARISING FROM THE MINUTES

Nil

8. STANDING AGENDA ITEMS

8.1 Items in Brief - Acting General Managers Report

The Act. General Manager gave an overview of the Federal Budget and how changes to the Aged Care Funding Instrument (ACFI) would impact on residential care facilities and an overview of the proposed changes to Home Care in 2017. The Act. General Manager presented the key results from the re-implementation of iCare and refinement of clinical documentation processes and announced the strategy to achieve “One True Record” progressing better than expected.

8.2 Finance Reports

8.2.1 Bank Reconciliation for the Month of May 2016 8.2.2 “Year to Date” Budget / Actual Comparison by Department as at 31 May 2016

8.2.3 AAC Financial Dashboard – Benchmarks / ACFI as at 31 May 2016 Recommendations:

1. That the Bank Reconciliation for the Month of May 2016 be confirmed. 2. That the “Year to Date” Budget / Actual Comparison by Department as at 31 May 2016 be

confirmed 3. That the AAC Financial Dashboard as at 31 May 2016 be noted

Moved: I. Pratt

Seconded: R Aust CARRIED

8.3 Dashboard & Department Manager Updates Key results areas were discussed by the AMC and no areas of concern were noted 8.4 Regulatory Compliance

8.4.1 The National Reports issues 379, 380 & 381 emailed Discussed and noted

8.4.2 Quality Management Committees

8.4.2.1 - Governance & Operational Committee Minutes of meeting – 25th May 2016

8.4.2.2 - Clinical & Wellbeing Committee Minutes of meeting – Due 21st July

8.4.2.3 - WHS Committee Minutes of meeting - Due 16th June

8.4.2.4 - CI Committee Minutes of meeting – 8th June 2016

The AMC discussed the benefits of music and dance for dementia residents as recently documented on ABC’s Catalyst. Alwyndor currently uses music therapy and is to investigate the suitability of incorporating dance.

9. SCHEDULED REPORTS

Nil

10. PRESENTATIONS / PUBLICATIONS

10.1 Aged Care Sector Committee – Aged Care Road Map - attached

10.2 Overview of Proposed Changes to Home Care from February 2017 - attached

11. EVENTS

11.1 National Aged Care Open Day – Update and flyer - attached

The AMC thanked Rosie for her participation in the event

ITEMS IN CONFIDENCE

C. Cotton moved and O. Peters seconded that, pursuant to Section 90(2), 90(3)(a) and 90(3)(b) of the Local Government Act 1999 the

Alwyndor Management Committee order that the public be excluded from attendance at the meeting, with the exception of Alwyndor

officers and any other visitors permitted to remain, after taking into account the relevant considerations under Section 90(3), on the basis

that it will receive, discuss or consider the following:

- information or matter the disclosure of which –

(i) could reasonably be expected to confer a commercial advantage on a person with whom the AMC is conducting, or

proposing to conduct, business, or to prejudice the commercial position of AAC; and

(ii) would on balance, be contrary to the public interest.

(iii) Information, the disclosure of which, would involve the unreasonable disclosure of information concerning the personal

affairs of a person or persons (living or dead).

CARRIED

12. CONFIDENTIAL REPORTS

12.1 Term Extension for AMC Members

12.2 Formal Complaints

12.3 Financial Contribution to Council

12.4 AMC Review

12.5 Alwyndor ACFI Risk Profile

ORDER TO RETAIN DOCUMENTS IN CONFIDENCE:

T. Bamford moved and I. Pratt seconded that pursuant to Section 90(2), 90(3)(a) and 90(3)(b) and of the Local Government Act 1999:

1. The Alwyndor Management Committee orders that the documents and minutes relating to Report No: 12.1 with the exception of

the Resolution for going into confidence be kept confidential and not available for public inspection on the basis that they deal

with information relating to commercial advantage; contrary to public interest; or information involving the unreasonable

disclosure of information concerning the personal affairs of a person or persons (living or dead), under Sections 90(2), 90(3)(a)

and 90(3)(b) and of the Act.

2. This resolution will be reviewed on or before 30 June 2017 by the Alwyndor Management Committee.

CARRIED

RESUMPTION:

R. Aust moved and C. Cotton seconded that the Alwyndor Management Committee resume as an open meeting of Alwyndor Aged Care at

8:45 pm

CARRIED

13. LETTERS OF THANKS

13.1 1 letter received and distributed to staff

14. DATE OF NEXT MEETING

Next Ordinary Meeting of the AMC will be held 19 July 2016 at 6.30pm.

Venue: Alwyndor Meeting Room

Noted by the Alwyndor Management Committee

Apologies: Nil Notified

15. ALWYNDOR MANAGEMENT COMMITTEE MEETING DATES FOR 2016

Member Term Expires 16 FEB 15 MAR 19 APR 17 MAY 21 JUN 19 JUL 16 AUG 20 SEPT 18 OCT 15 NOV 20 DEC

I. Pratt July 2017

D. Royans July 2017

C. Cotton July 2016

T. Bamford July 2017

K. Stevens July 2016

M. Bower July 2016

Cr. R. Aust NA

Cr. S Lonie NA

L. Wills July 2017

O. Peters July 2017

16. ANNUAL GOVERNANCE TASK SCHEDULE

STANDING AGENDA ITEMS BY J F M A M J J A S O N D AAC DASHBOARD (INC FINANCIALS)

OM X X X X X X X X X X X X

RESIDENTIAL UPDATE CNM X X X X COMMUNITY UPDATE MCS X X X X HUMAN RESOURCES UPDATE HRM X X THERAPY SERVICES UPDATE TSM X X X X QUALITY & COMPLIANCE UPDATE

QM X X

ITEMS IN BRIEF – GENERAL MANAGER

GM X X X X X X X X X X X

REGULATORY COMPLIANCE GM X X X X X X X X X X X SCHEDULED REPORTS WHS ½ YEARLY REPORT HRM X

FEEDBACK ½ YEARLY REPORT QM X

CI ½ YEARLY REPORT QM X

AAC BUDGET ADOPTION AMC X

WHS ANNUAL REPORT HRM X

FEEDBACK ANNUAL REPORT QM X

CI ANNUAL REPORT QM X

AMC OFFICE BEARERS ELETION AMC X

STRATEGIC PLAN ½ YEARLY REWPORT

GM X

STRATEGIC PLAN ANNUAL REPORT

GM X

STAFF EXIT DATA REPORT HRM X

AAC RISK REGISTER REVIEW AMC X

AAC WORKFORCE PLAN HRM X

AAC MARKETING PLAN GM X

PRUDENTIAL/LIQUIDITY STATEMENT

MFA X

AUDITED FINANCIAL STATEMENTS

MFA X

ANNUAL INVESTMENT REPORT MFA X

DELEGATIONS INSTRUMENT REVIEW

AMC X

BOND/RAD POLICY REVIEW GM X

PRESENTATIONS / REVIEWS

AAC ROSTERING DIVISION GM X IN-HOUSE RESIDENTIAL THERAPY MODEL

TM X

COMMUNITY SATISFACTION SURVEY

MCS X

RESIDENTS SATISFACTION SURVEY

CNM X

STAFF SATISFACTION SURVEY HRM X AAC QUALITY MANAGEMENT QM X CLINICAL STRUCTURE REVIEW REPORT

AMC

EVENTS STRATEGIC PLANNING WORKSHOP

AMC X

AAC FACILITY OPEN DAY AMC X

17. MEETING CLOSURE

The Chairman thanked all members for their contribution and declared the meeting closed at 8:49 p.m.

Mr. T Hill Mr. D. Royans Acting General Manager Chairman

Distribution: Mr D Royans, Ms C Cotton, Mr I Pratt, Cr R Aust, Cr S Lonie, Mr D Royans, Ms K Stevens, Mr M Bower, Mr O Peters, Mr T Bamford, Ms L Wills

Others: General Manager, Manager Community Services, Quality Manager, Operations Manager, Chief Executive Officer-City of Holdfast Bay, Governance Officer CHB, Master File.


Item No: 14.1 Subject: ITEMS IN BRIEF Date: 26 July 2016 Written By: Personal Assistant General Manager: Business Services, Mr I Walker

SUMMARY These items are presented for the information of Members. After noting the report any items of interest can be discussed and, if required, further motions proposed.

RECOMMENDATION That the following items be noted and items of interest discussed: • Brighton Performing Arts Centre – Periodic Report • Work, Health & Safety Overview • 2016 Census • Rate Capping Enquiry – Final Report • Liquor Licensing Review Recommendations Released • ICAC Amendment Bill • Jetty Road Mainstreet Committee – Meeting of 6 July 2016

COMMUNITY PLAN A Place that Provides Value for Money COUNCIL POLICY Not applicable STATUTORY PROVISIONS Not applicable


REPORT 1. Brighton Performing Arts Centre – Periodic Report In 2012 the construction of Brighton Performing Arts Centre (BPAC) was completed.

It was a jointly funded project between Brighton Secondary School, the City of Holdfast Bay and the Federal Government and was built with the purpose of providing a vibrant community space for cultural activities for use both by the school and the community.

A management committee was established under a Joint Use Agreement made up

of a representative from the school, council and community. Councillor Lonie is the current council representative with support from staff.

The BPAC is independent to the adjacent Concert Hall which was completed in 2014,

however both are managed by Brighton Secondary School. Periodically an update is provided on the use of the Theatre as well as any improvements or changes.

Upgrade In 2015 BPAC had experienced a technical element upgrade to bring it up to industry

standard. This was the first upgrade to the Theatre since its completion in 2012. An overview of this work included upgrades to:

All Audio and Vision Systems removed and new equipment and cabling

installed; Additional lighting; Vision to dressing rooms; Opening and closing front drapes; Permanent wing draping installed; Automation control of the whole system from touch panel and iPad; New operating equipment in the control room; New furniture in the control room. In 2015 a new BPAC Theatre Manager was employed. This resulted in the return of

a number of community hirers due to the streamlining of fee structures, enhanced customer service and theatre improvements. In 2016 replacement equipment has been purchased for the front of house areas, dressing room and workshop.

Use The Theatre hosted 379 hours of community use and 191 hours of school use in the

2015/2016 financial year. This has increased from the previous financial years with a large percentage of hirers coming from return business. The BPAC has almost achieved saturation point in the high season (September – December) with the main hirers being dance groups. (There is potential to improve hire in other periods throughout the year).


In 2017, the focus will be to attract new business to the venue and to heavily

promote Fringe and festival bookings. The venue marketing will be overhauled with all materials, contracts, publications, photos and print being updated to reflect the new operating position of the venue.

Management Committee There have been no meetings of the Management Committee in the last 12 months,

and this will be discussed with the school, to ensure that management continues to be consistent with the 2012 Joint Use Agreement.

2. Work, Health & Safety Overview The City of Holdfast Bay is subject to the provisions of the South Australian Work

Health and Safety Act 2012 which sets out obligations on the employer, officers, employees and contractors to ensure a safe workplace. Officers (generally the Senior Leadership Team carry the highest levels of responsibility under the Act with severe penalties for breaches. Elected Members of Council are specifically excluded from being an officer.

The City of Holdfast Bay is a member of the LGA Workers Compensation Scheme

which provides a mutual insurance service for SA councils. It also undertakes annual KPI audits of councils to ensure legislative compliance and continuous improvement in workplace safety. Maintenance of the Scheme’s self‐insurance status requires it to comply with Performance Standards for Self‐insurers (PSSI), including periodic audit of the Scheme and councils by Return to Work SA (‘RTWSA’, formerly WorkCover). Note that Holdfast Bay was audited by RTWSA in 2014.

An annual WHS plan is developed each year supported by programs for specific

areas of improvement such as hazard management and hazardous manual tasks. These plans and programs are endorsed by the Scheme and actively monitored.

The Senior Leadership Team receives a detailed quarterly report on progress against

plans and programs, changes in legislation, key measures and an analysis of workplace incidents.

Most workplace safety incidents are relatively minor with few serious injuries. The

most common form of incidents are related to sprains and strains caused through the manual handling work undertaken at the Depot. Due to the high usage of tools and vehicles, incidents centred on the care and maintenance are reported on a regular basis. All serious incidents are immediately reported to the Senior Leadership Team which places a high priority on ensuring Council has a safe workplace for all. Council has a low record of reportable incidents to SafeWork SA.

Ensuring a safe workplace requires an on‐going commitment and investment with

all staff. A recent staff engagement exercise sought team proposals to lift the ‘brand’ of Council’s workplace safety program. A number of submissions were received, highlighting staff commitment and creativity. The winning proposal came


from a team at the Depot with an exciting framework to embed workplace safety in everything we do supported by the catchphrase ‘Everytime’. This is being further developed and will be rolled out shortly.

3. 2016 Census The Census of Population and Housing (Census) is Australia’s largest statistical

collection undertaken by the Australian Bureau of Statistics (ABS). For more than 100 years, the Census has provided a snapshot of Australia, helping to shape our nation’s education, health, transport and infrastructure. The next census will be held on 9 August 2016, attached for the information of members is the fact sheet from the ABS.

Refer Attachment 1 4. Rate Capping Enquiry – Final Report The Economic and Finance Committee has now released its final report on their

Inquiry into Local Government Rate Capping Policies. This report also includes a Minority Report from three SA Liberal Party members of the Committee.

Four recommendations were made by the Committee:

1. Local Councils retain full authority to set their own rates and that no rate cap be introduced.

2. Local Councils continue to set rates after full consultation with their communities.

3. Councils be subject to a thorough auditing process under the auspices of the Auditor‐General, consistent with section 36 of the Public Finance and Audit Act 1987.

4. Councils be required to publish, on an annual basis, these audits. The Committee has shown support for the local government sector and South

Australian families by recommending that no rate cap be introduced. The LGA anticipated that a recommendation would be made about the use of the Auditor‐General, and last year commissioned independent in‐depth research to evaluate the advantages and disadvantages of local government audits by private sector auditors versus the SA Auditor‐General. The research is being carried out by Dr Sabine Schuhrer of the University of Adelaide’s School of Accounting and Finance, with funding from the Local Government Research & Development Scheme. The result of this research should be available by December 2016, and the LGA will consult with member councils to develop an informed position.

The Minority Report, often referred to as a dissenting report, has been prepared by

the three SA Liberal Party Committee members in opposition to the recommendations within the Final Report.

In the Minority Report, they indicate support for recommendation 2 and are not

opposed to the transparency and accountability measures set out in recommendations 3 and 4 of the report. However, in contrast to recommendation


1, they have recommended: “That a local government rate capping regime be introduced in South Australia to reduce cost pressures on households.”

Initial reading shows that these Committee members have largely relied on data

from 2005 in describing the sustainability of councils. The Final Report will now be provided to the Minister for Local Government to

consider. Section 19(2) of the Parliamentary Committees Act 1991 indicates that, once

referred to the Minister, the Minister has four months in which to respond to the report. The Minister must indicate which (if any) of the recommendations will be carried out; and which (if any) recommendations will not be carried out and the reasons for not carrying them out.

The LGA will be providing a submission to the Minister for his consideration. As

such, the LGA is now seeking feedback from councils on the recommendations made within both the Final and Minority reports. To assist council in providing feedback to the LGA a short form has been prepared to assist councils in their response.

Refer Attachment 2 If members wish to comment on the rate capping report can you please forward

your comments on the form (Attachment 3) to the Governance Coordinator by 12 August 2016 so that it can be forwarded to the LGA.

5. Liquor Licensing Review Recommendations Released The Review of the South Australian Liquor Licensing Act 1997 was released on 6 July

2016. The LGA has provided details of the recommendations that are relevant to local government.

Former Supreme Court Judge Tim Anderson has completed his review of the Liquor

Licensing Act 1997 (the Review), making 129 recommendations aimed at improving both the Act and the State’s broader liquor licensing framework. It is anticipated that the Government will formulate its position on Mr Anderson’s recommendations in the near future and will consult on any new legislation arising from those recommendations.

Overview of Review Recommendations Relevant to Local Government Expanding scope of small venue licences Extend the application of Small Venue Licence to include North Adelaide

(Recommendation 11 and Recommendation 77) The Review notes that there is a difference of opinion on whether this should be

extended beyond the Adelaide CBD and concludes that it makes sense to extend the boundary to include North Adelaide (encompassing the Adelaide City Council area).


While noting that submissions from councils advocated for the licence to be obtained in their local area, the AHA SA has advocated that this would adversely affect hotels and the community service they provide, particularly in regional areas. The Review agrees and considers that extending the small venue licence beyond the precincts of the Adelaide City Council “would cause a potential for inconsistency as there would be many disparate views which would prevail in various local councils.”

The Review suggests “allowing the market to develop and evaluate with a review of

potential extension in two or three years’ time.” Licence applications and ability of councils to intervene/object Implement a clear delineation of responsibilities between relevant

planning authorities and the Licensing Authority (Recommendation 66) Remove the ability of council to object or make a submission on matters

that are dealt with or addressed at the planning level and remove the ability of council to intervene in the liquor licensing process. (Recommendation 69)

The Review outlines the need for clear responsibilities between council and the

Licensing Authority and proposes demarcations. When considering the overlap with planning and licensing regimes, it suggests that all matters relevant for councils should be dealt with at the planning stage and any conditions relating to those matters should be on the relevant approvals.

Citing unnecessary duplication in the current system, the Review suggests that

councils should not have the right to object or intervene at the liquor licensing level as any relevant matters should have been considered at the planning level.

This recommendation goes further than the amendments provided in the Planning,

Development and Infrastructure Act 2016, which removes the ability of a local council to intervene by making representations but allows councils to intervene by introducing evidence.

However, the Review also recommends that the Commissioner should have

discretion to invite submissions from particular groups or persons on any matters the Commissioner considers appropriate, for example inviting a particular local council to make a submission.

Dry zones Allow local councils, in limited circumstances, to prohibit the consumption

and/or possession of liquor in public places within their relevant local government area (Recommendation 82)

Allow Minister and Commissioner to revoke or vary any prohibition

(Recommendation 83)


The Review acknowledges that councils should have a role in determining dry zones for short term events and suggests that councils are given the power to declare short‐term dry areas (limited to not more than 48 hours) to cater for a specific event. It proposes certain legislative requirements, but ultimately suggests that the process for the declaration of a dry area should be left to the individual council to determine.

6. ICAC Amendment Bill

The Attorney‐General has introduced a Bill into Parliament to amend the ICAC Act. The amendments are largely operational in nature and, in particular, streamline the relationship between the ICAC and the Ombudsman.

The Office of Public Integrity (OPI) will be able to assess complaints and refer them

directly to the appropriate authority (such as the Ombudsman) without further referral to the ICAC. The Bill also clarifies that the ICAC’s primary role is to investigate serious or systemic corruption in public administration. It will refer serious or systemic misconduct or maladministration to other relevant bodies.

7. Jetty Road Mainstreet Committee – Meeting of 6 July 2016

The Jetty Road Mainstreet Committee (JRMC) continues to meet on a regular basis. As the present time, no response has been received from the Ombudsman or the Local Government Association of SA in relation to the Conflict of Interest provisions. Refer Attachment 3 However, it is noted that in The Advertiser on 20 July 2016 that Local Government Minister, Geoff Brock “may rework new laws governing conflict of interest for councils, amid complaints the provisions are unworkable”. This report also noted the correspondence from the LGA on this matter; which was precipitated by Holdfast Bay. Minutes from the meeting of 6 July 2016 are provided for information.

Refer Attachment 4

FREQUENTLY ASKED QUESTIONS ABOUT THE 2016 CENSUS

AUGUST 9 IS CENSUS NIGHT. OUR MOMENT TO PAUSE AND MAKE A DIFFERENCE.What is the Census?The Census of Population and Housing (Census) is Australia’s largest statistical collection undertaken by the Australian Bureau of Statistics (ABS). For more than 100 years, the Census has provided a snapshot of Australia, helping to shape our nation’s education, health, transport and infrastructure.

When is the next Census?The next Census will be held on August 9.

What does the Census mean to Australia?The Census provides important information about Australia’s people and their housing. It helps estimate Australia’s population, which is used to distribute government funds and plan services for your community.In 2016, the Census will count close to 10 million dwellings and approximately 24 million people, the largest number counted to date.

What should people expect this Census?From August 1, most households will receive a letter from the ABS, addressed ‘To the Resident’.The letter will include your household’s unique Census Login and instructions on how to complete the Census online, as well as directions on how to order a paper form.

How many people are expected to complete the Census online?In 2016, more than 15 million people are expected to complete the Census online.

Why go digital?Completing the Census online is fast, easy, secure and environmentally friendly and helps reduce the cost of the Census to the community.

Can I still complete a paper form?Yes. If a household is unable to access the internet or would prefer to fill out a paper form, simply call our automated paper form request service. You will need your 12-digit Census Login from the letter you received.Paper forms must be completed and returned in the Reply Paid envelope without delay – don’t wait for a Census Field Officer to collect it.

I have received a paper form. Can I complete it online?In some locations, households will receive a paper form upfront with the option to complete the Census online. If you’re able to access the internet, just follow the simple instructions on the front of the form to complete it online.If you complete it online, do not mail back your paper form – please recycle.

Will personal information be shared with other government departments?No. The personal information which you provide in the Census is not shared with any other government departments or agencies including the police, Australian Taxation Office or Centrelink. The ABS is legally bound to protect the privacy of all Australians and will not release your information in a way that will identify any individual or household.

What happens to my personal information after the Census?After data collection and processing, the ABS will remove names and addresses from other household information. Names and addresses will be stored separately and securely from other Census data. Names and addresses will be destroyed four years after collection or earlier, once there is no longer any community benefit from their retention.

Is the Census compulsory?Yes. Everyone in Australia on Census night must complete the Census. It’s the law.

Where can I find out more information about the Census?If you have any questions, like what to do if you’re not home on Census night, how to complete the Census in a share house, or what to do if you don’t receive your letter, please search Census.

#MyCensus

LGA of SA Economic and Finance Committee Inquiry into Local Government Rate Capping Policies – Final Report and Minority Report Recommendation Feedback

Economic and Finance Committee Inquiry into Local Government Rate Capping Policies – Final Report and Minority Report Recommendation Feedback

Council Name

Contact Name

Position

Phone

Email

Recommendation 1: Local Councils retain full authority to set their own rates and that no rate cap be introduced.

(Support/Not Support)

Comment:

Recommendation 2: Local Councils continue to set rates after full consultation with their communities.


Comment:

Recommendation 3: Councils be subject to a thorough auditing process under the auspices of the Auditor-General, consistent with section 36 of the Public Finance and Audit Act 1987.


Recommendation 4: Councils be required to publish, on an annual basis, these audits.


Comment:

Minority Report Recommendation: That a local government rate capping regime be introduced in South Australia to reduce cost pressures on households.


Comment:

1 City of Holdfast Bay Minutes 06/07/16

CITY OF HOLDFAST BAY

Minutes of the meeting of the Jetty Road Mainstreet Committee of the City of Holdfast Bay held in the Glenelg Library Meeting Room, Colley Terrace, Glenelg on Wednesday 6 July 2016 at 6 pm. PRESENT Elected Members Councillor A Wilson Mayor S Patterson Community Representatives Chairman – Mr M Faulkner, Enve Hair and Beauty Caruso Fruit and Veg, Mr R Caruso Telstra Store Glenelg, Ms E Leenearts Ikos Holdings Trust, Mr A Fotopoulos The Moseley Bar and Kitchen, Mr M Hooper Cibo Espresso, Mr T Beatrice Staff Manager, Jetty Road Development – Mrs L Johnson 1. OPENING The Chairman declared the meeting open at 6 pm. 2. APOLOGIES 2.1 For Absence - Mr C Maios, Don Maios Investments Cllr M Bouchee Ms T Buckerfield, Bank SA 2.2 Leave of Absence - Nil 3. DECLARATION OF INTEREST Members were reminded to declare any interest before each item.


4. CONFIRMATION OF MINUTES Motion That the minutes of the Jetty Road Mainstreet Management Committee held on 11 May 2016

be taken as read and confirmed. Moved by Mr M Hooper, Seconded by Mr T Beatrice Carried 5. REPORTS/ITEMS OF BUSINESS 5.1 Budget Update (Refer Attachment 1) Manager, Jetty Road Development presented the budget update Motion That the budget update be received and noted Moved Cllr A Wilson, Seconded Mr T Beatrice Carried 5.2 Play at the Bay Debrief Report (Report No 157/16) Manager, Jetty Road Development presented the Play at the Bay Debrief Report Motion That the report be received and noted Moved Mr M Hooper, Seconded Ms E Leenaerts Carried 5.3 Winter Wonderland (Verbal Update)

Manager, Jetty Road Development advised that Winter Wonderland opened on Saturday 2 July 2016. Ticket sales are tracking to plan and there are a number of school bookings taking place this week and the last week of the run.

To date, Channel 7 have carried out a live weather cross and Channel 9 and Channel

10 are booked in to carry out live weather crosses next week. 5.4 Greening Moseley Square Concepts (Attachment 3) Manager, Jetty Road Development presented the concept plans for discussion. It was

agreed that this would be put on hold until such times as the Masterplan is completed to ensure that it links with the masterplan.


5.5 Request for sponsorship from Volleyball SA (Attachment 2) Manager Jetty Road Development presented a request for sponsorship from

Volleyball SA. This amount has already been included in the sponsorship allocation for 16/17.

Motion That the Manager, Jetty Road Development allocate $1000 in the form of

sponsorship by way of Jetty Road vouchers to Volleyball SA from the approved budget line.

Moved Mr R Caruso, Seconded Mr A Fotopolous Carried

6. URGENT BUSINESS – Subject to the leave of the meeting 6.1 The Committee has requested that a brainstorming session take place with the

Committee with the relevant Council administration staff to ensure that the views of the Committee are represented when it comes to workshopping the master plan. Manager Jetty Road Development to organise.

7. DATE AND TIME OF NEXT MEETING The next meeting of the Jetty Road Mainstreet Committee will be held on Wednesday 3 August

2016 in the Glenelg Library Meeting Room, Colley Terrace, Glenelg. 13. CLOSURE The meeting closed at 7.20 pm. CONFIRMED CHAIRMAN


Item No: 14.2 Subject: COMMERCIAL LEASING AND LICENSING POLICY Date: 26 July 2016 Written By: Manager, Strategic and Commercial Services General Manager: Business Services, Mr I Walker

SUMMARY Council requires a Policy in relation to the leasing and licensing of properties that it owns or manages. The types of properties that Council owns or manages can be separated into two distinct and separate areas, commercial and community. This report proposes a new policy to provide advice and guidance on the process of negotiating and managing commercial leases and licences over property owned or managed by the City of Holdfast Bay.

RECOMMENDATION That Council endorses the proposed Commercial Leasing and Licensing Policy included as Attachment 1 to Report No: 176/16.

COMMUNITY PLAN A Place with a Quality Lifestyle A Place for Every Generation A Place to do Business A Place that Welcomes Visitors A Place that Provides Value for Money A Place that is Well Planned A Place that Provides Choices and Enhances Life COUNCIL POLICY Not Applicable. STATUTORY PROVISIONS Local Government Act, 1999. Retail and Commercial Leases Act, 1995.


Competition and Consumer Act, 2010 (Cth). BACKGROUND Council currently has seven commercial leases: • Broadway Kiosk – The Esplanade Somerton Park • The Buffalo – Adelphi Terrace Glenelg North • Glenelg Colley Reserve – Ferris Wheel • Glenelg North – Patawalonga Slipway • Glenelg Town Hall – Restaurant • Kingston Park – Mobile Food Vendor • Seacliff Storage Site – Barwell Avenue Seacliff The City of Holdfast Bay currently does not have a policy in relation to the management of its commercial property leases. REPORT The purpose of the Commercial Leases and Licenses Policy is to establish guidelines, principles and a framework under which commercial organisations are able to lease or licence suitable property from the City of Holdfast Bay. Council has a broad responsibility to ensure that commercial leases are managed in a way that provides maximum return on the subject property and the leases are negotiated in line with the requirements of the Competition and Consumer Act, 2010 (Cth). This Act provides that when negotiating the terms and conditions of a lease, Land Owners, in this case Council, must not take an unfair advantage over other Land Owners should the opportunity arise. The proposed policy ensures requests received from a commercial organisation to lease or licence properties from the City of Holdfast Bay is consistent with Council’s Strategic Plans, Long Term Financial Plan and Annual Business Plan. A copy of the draft Commercial Leasing and Licensing Policy is attached.

Refer Attachment 1 BUDGET The current budget provides for the rentals being received in respect to these commercial leases or licenses. LIFE CYCLE COSTS As Council is responsible for all structural maintenance in accordance with the Retail and Commercial Leases Act, 1995, this policy will not have any impact on the Long Term Financial Plan.

DRAFT COMMERCIAL LEASING AND LICENSING POLICY

Classification: Statutory Policy.

Trim Container TRIM Container Number

Trim Document Number: TRIM Document Number

First Issued / Approved:

Last Reviewed: Nil

Next Review:

Responsible Officer: Stewart Galliford

Date Placed on Web: Date placed on the Web

W:\Council Documents\Reports\Council\2016\16‐07‐26\176 ‐ Attachment 1 ‐ Leasing and Licensing Policy Commercial Lease .docx

The electronic version on the Internet/Intranet is the controlled version of this document. Printed copies are considered uncontrolled. Before using a printed copy, verify that it is the controlled version.

1. PREAMBLE

This policy provides a framework in relation to the commercial leasing and licensing of Council owned or managed property within the City of Holdfast Bay.

1.1 Purpose The purpose of this policy is to provide guiding principles and a framework that will

enable the establishment and management of Council’s commercial leases and licenses to maximise the return to Council of its ‘commercial’ assets.

1.2 Objectives

• Ensure all leases and licenses are consistent with Council’s Strategic Plans;

• Provide a consistent, transparent and equitable approach to arrangements for all leases or licenses;

• Establish consistency in decision‐making associated with lease terms and conditions, including relevant consultation where necessary.

• maximise the financial return and improve the value of the facility;

Ensure that Council owned and managed properties are appropriately maintained, developed and occupied, having regard to the intentions of Council and the community.

1.3 Scope This policy deals with;

Leases or licenses of Council property, excluding residential tenancies and rights of occupation under the Residential Tenancies Act, 1995 and section 221 of the Local Government, Act 1999.

Leases and licenses of Land that give certain rights of occupation for a period of time to Commercial Organisations.


2

The electronic version on the Intranet is the controlled version of this document. Printed copies are considered uncontrolled. Before using a printed copy, verify that it is the controlled version.

This policy does not cover licences granted by Council over airspace, footpaths, road reserve nor those granted by Council short term or occasional use, such as outdoor dining permits.

1.4 Definitions In this policy, unless the contrary intention appears, these words have the following

meaning: Commercial Organisation means any company, entity or person carrying on a

business for the purpose of making a profit.

Community Land is land, excluding roads, owned or managed by Council that is classified in accordance with section 193 of the Local Government Act, 1999. Lease refers to a contract by which Council (as landlord), grants exclusive rights to occupy Land (usually a parcel of land or portion of a building) to a tenant for a specified time and under certain terms and conditions. Licence refers to a contract by which Council, (as licensor), grants non‐exclusive contractual rights to occupy Land to a licensee, for a specified time and under certain terms and conditions. Premises include the whole of, or a portion of Land, buildings, facilities, structures and infrastructure owned or managed by Council.

Property includes Community land, vacant land, closed road reserves, buildings and facilities, or any other land related asset owned or managed by Council.

1.5 Legislative Framework

Associations Incorporations Act 1985 (SA).

Crown Land Management Act 2009 (SA).

Development Act 1993 (SA).

Landlord and Tenant Act, 1936 (SA).

Law of Property Act 1936 (SA).

Local Government Act 1999 (SA).

Real Property Act 1886 (SA).

Retail and Commercial Leases Act 1995 (SA).

Competition and Consumer Act 2010 (Cth).


3


1.6 Strategic Reference Our Place Community Plan

• Building a Strong Community • Creating a Sustainable Environment • Delivering Economic Prosperity • Enhancing City Design and Function

2. POLICY STATEMENT

Council will consider the granting of a lease or licence for any suitable land, venue or facility to commercial organisations ensuring appropriate use and tenant selection for Council owned and managed property in accordance with the following principles:

• Ensuring suitable selection and use of Council’s commercial properties. • Ensuring maximum return and improved asset value. • Equitable needs based on equal distribution of services. • Ensuring high occupancy rates for properties. • Ensuring consistent conditions of occupancy. • Defining responsibilities and costs associated with the construction, maintenance and

operation of the properties. Commercial organisations must be able to sufficiently demonstrate to Council (among other

things) that it has;

• the necessary business skills, experience and financial means to operate its proposed business and meet its obligations under the lease or licence;

• sufficient understanding of the laws, by‐laws and standards relevant to its intended use and occupation.

• a suitable business plan. 3. PRINCIPLES

The following principles will be read in conjunction with the requirements of applicable legislation including the Retail Commercial Leases Act 1995.

Purpose: Commercial tenancies relate to a lease or licence of Land and/or structures/buildings for the purpose of operating a business which generates a profit for the business owner.

Land: A tenant may occupy Land pursuant to a lease or licence and such use will be consistent with all relevant Council policies including any policy in respect of commercial asset management.


4


Form: Council may grant a lease or licence in accordance with standard commercial terms, modified to reflect the nature of the premises, permitted use and agreement reached. The relevant lease or licence will be prepared and finalised by Council’s lawyers.

Term: Generally, the term of lease or licence agreements granted by Council will be 5 years or less with one right of renewal for a term not exceeding 5 years. Whilst the term is subject to negotiation, it must not exceed the maximum term permitted by the Local Government Act, 1999.

Renewal/extension: Any grant for a right of renewal must: (a) be consistent with Council’s strategic

direction, future use and condition of the premises;

(b) be in accordance with the Local Government Act 1999.

Rent: Rent must reflect a rent that could reasonably be obtained for the leased or licensed premises in the open market by a willing but not anxious landlord, and having regard to any other factors Council considers to be relevant.

Rent Review:

Rent may be adjusted or increased annually by negotiation including by a method of fixed percentage increase, CPI, CPI (plus a fixed percentage increase) and/or market rent review.

Outgoings: Generally, a tenant must pay or reimburse Council or pay the relevant provider for all outgoings including rates, charges, taxes, levies, assessments, duties, impositions and fees of any relevant authority in respect of the premises. User charges including water, sewerage, telephone, gas and electricity are generally to be paid directly to the relevant supplier.

Council responsibilities: Council will (subject to prioritisation of resources) undertake those responsibilities outlined in the lease or licence agreement which may include: • Structural repairs (to provide weatherproofing

as a minimum) unless the need for such repair was caused by the act, omission, negligence or default of the tenant


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Lessee/licensee responsibilities: The tenant must comply with its obligations outlined in the lease or licence agreement (and reasonably inferred by it) which include: • Reimbursement of outgoings to the Council (as

landlord) and payment of all other charges procured by the tenant in respect of the premises;

• To effect and maintain an insurance policies for public liability, fixtures fittings plant and equipment and glass situated in the premises;

• Responsibility to maintain, repair, clean and keep the premises in the same condition as at the commencement of the lease or licence, fair wear and tear accepted (but which are not the responsibility of the landlord under the lease or licence, or at law).

• Compliance with all relevant legislation, regulations and standards in respect of the facilities contained under their lease or licence agreement (such as hazardous substances and building codes).

The tenant is responsible for:

• One half, or if the Retail and Commercial Leases Act does not apply, the entirety of all Council’s costs (as landlord) of the preparation, negotiation and execution of the lease or licence;

• All stamp duty and (if applicable) LTO registration fees and one half of (or if the Act does not apply, the entirety of) mortgagee consent and production fees;

• All costs of the Council consenting to any proposed variation or addition to the premises, assignment, subletting or mortgage of the lease or licence.

Miscellaneous The terms of the lease or licence and any special conditions will be tailored to the nature of the premises and the commercial agreement.

4. GENERAL Council shall follow its Procurement (Contract and Tendering) Policy and seek Expressions of

Interest for the leasing or licensing of property premises, if required, prior to entering into a lease or licence.

5. IMPLEMENTATION

This policy will be implemented by the Chief Executive Officer or relevant portfolio director and managed in accordance with Council’s scheme of delegations.


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6. REFERENCES Annual Business Plan. Buildings and Facilities Asset Management Plan. City of Holdfast Bay Open Space and Public Realm Strategy. Community Consultation and Engagement Policy. Community Land Management Plans Liquor Licence Policy. National Sport and Active Recreation Policy Framework. Office for Recreation and Sport Vision. Our Place Community Plan. Procurement (Contracts and Tendering) Policy Property Policy.

Recreation South Australia 2015‐2018 Strategy.


Item No: 14.3 Subject: UNSPENT 2015‐16 BUDGETS CARRIED FORWARD Date: 26 July 2016 Written By: Asset Accountant General Manager: Corporate Services, Mr I Walker

SUMMARY As at 30 June 2016, a number of programs in Council’s 2015/16 annual business plan and budget are incomplete as a result of delays arising from external factors, or where the project spans more than one budget year. A number of major projects are listed in this report including the Seacliff Sports and Community Centre at Kauri Parade $5.3m and the stormwater upgrade at Tarlton Street $1m. Completion will require an allocation of funds in the form of a ‘carry forward’ from 2015/16 to the 2016/17 budget.

RECOMMENDATION That capital expenditure of up to $8,959,978, capital income of up to $3,188,550, operating expenditure of $34,718 and operating income of $1,486 from the 2015/16 budget be carried forward for expenditure in 2016/17.

COMMUNITY PLAN A Place that Provides Value for Money COUNCIL POLICY Not applicable STATUTORY PROVISIONS Local Government (Financial Management) Regulations 2011 BACKGROUND Council adopted its 2015/16 annual business plan and budget in June 2015. During the 2015/16 year, Council regularly reviewed its budget and adopted a revised forecast as a result of: • Expenditure carried forward from the previous 2014/15 year • Formal budget updates • Other Council resolutions relating to programs and projects


The budget update report to 31 May 2016 (report 159/16) included the identification of a number of capital projects which would not be completed by 30 June 2016. Council’s 2016/17 budget does not provide funding allocations for these programs and as a result completion requires a further allocation of funds in 2016/17. Whilst this has the effect of adding expenditure to the 2016/17 budget, it is essentially a timing issue for approved projects that were allocated funds in 2015/16 which were not fully spent or delayed due to various circumstances as detailed in the table. REPORT A rigorous review has been undertaken to ensure that the amounts are justifiable and affordable while the amounts spent are subject to receipt of outstanding supplier invoices. The following table lists the projects, explanation of current status and maximum carried forward budget amounts:

Project

2015/16 Budget

$

2015/16 Spent $

2016/17 Carried Forward

$

Local History "Bay to Battlefield" ‐ Grant Funded Project approval is for 4 years being the period of the Great War and includes imagery of WW1 military service men and women who once lived in Holdfast Bay. Imagery remains in place for 3‐4 month period.

21,135 7,108 14,027 Brighton Oval/Glenelg Oval Master Plans Plans not completed at 30th June, final stages will be finished early 2016/17.

67,500 48,295 19,205 Air Raid Shelter Grant Due to maintenance works on the Air Raid Shelter funded exhibition has been moved to late 2016. 1,486 ‐ 1,486

Total Operating Expenditure 90,121 55,403 34,718

Air Raid Shelter Grant Funding for exhibition at the Air Raid Shelter. (1,486) ‐ (1,486)

Total Operating Income (1,486) ‐ (1,486)


Project

2015/16 Budget

$

2015/16 Spent $


$

Kauri Parade Community and Sports Complex The three storey complex will be completed by December 2016 and remaining works by March 2017.

13,159,377 7,818,656 5,340,721 Marina East Boardwalk Project is fully committed however final works still to be completed.

400,000 58,254 341,746 Coast Park – Brighton Caravan Park Vicinity Project significantly spent with the balance committed. Expect project completion by Sept 2016. 902,153 631,854 270,299

Stormwater Easement – Kauri Parade Properties Works to be carried out are dependent on 3rd party developer. 120,240 10,787 109,453

Major Stormwater Upgrade ‐Tarlton Street Project committed with the majority of expenditure to be incurred by Dec 2016. 1,000,000 49,300 950,700

Minda Stormwater System Design Design scope still to be carried out. 95,195 ‐ 95,195 Stormwater Upgrade ‐ Pine Avenue Project fully committed with works near completion. 150,000 107,536 42,464

Roadworks at Jetty Road Glenelg This project is dependent on the timing of Department of Transport and Infrastructure works in the same vicinity. 526,285 139,699 386,586

Major Plant & Equipment CMI Hino and Daimler Trucks ordered, but with delivery now expected July/August. 1,086,395 729,154 218,320

Somerton Tennis Club – Court Resurfacing Discussions with club are ongoing. What works are carried out is dependent on the outcome of the club's grant application. 80,000 1,500 78,500

Glenelg Town Hall Clock Repairs Project funding is insufficient for repairs. Project requires detailed re‐assessment. 103,633 ‐ 103,633

Brighton Seacliff Yacht Club – Boat Sheds Project started with completion anticipated by the end of September. 353,500 75,376 278,124


Project

2015/16 Budget

$

2015/16 Spent $


$

CCTV Installations at various locations Project to be completed by the end of Sept 2016. Currently out to tender.

120,000 ‐ 120,000 Design of New Seacliff Toilet Budget will be used for the design of the new toilet prior to demolition.

10,000 ‐ 10,000 Protuberance Construction ‐ PLEC To be completed by September 2016.

30,000 18,301 11,699 Street Lighting Plan Street lighting audit currently underway by SAPN.

25,000 ‐ 25,000 Glenelg Foreshore Pump Station ‐ Disability Access Project started and to be completed by Sept 2016.

70,000 5,210 64,790 New Exeloo Exeloo to be installed at Wigley Reserve in 2016/17. 305,000 207,261 97,739

Sandison Reserve Exeloo Toilet Installation to be completed July 2016. 150,000 132,071 17,929

Glenelg Town Hall New bins ordered for GTH toilets with delivery expected in September 24,483 5,802 4,450

Beach Access Signage Project committed and signs delivered. Installation to be completed early 2016/17. 60,000 20,279 39,721

Playground Equipment Sandison Reserve Order has been placed for equipment with delivery and installation to be completed by August/September 2016.

130,000 325 129,675

Brighton Caravan Park upgrade Project substantially completed. Minor provision for defects and retentions expected to be finalised early 2016/17.

1,417,974 1,296,781 121,193 Partridge House Improvements Lighting and additional internal fencing to be completed 31 December 2016.

107,234 54,963 52,271 Bike Lanes – Anzac Highway Design Costs Grant funding has been approved and construction has been budgeted for in 2016/17. 31,840 25,425 6,415


Project

2015/16 Budget

$

2015/16 Spent $


$

Pedestrian Accessibility Improvements ‐ Brighton Primary School Grant funded project with works committed and due to start early 2016/17.

9,000 167 8,833 Rail corridor land revitalisation Fully funded by DPTI Grant. Project has commenced with works set to be completed early 2016/17. 100,714 66,192 34,522

Total Capital Expenditure 20,568,023 11,454,893 8,959,978

Sale Income ‐ Major Plant & Vehicles Trade‐in of three council vehicles as part of the purchase of new trucks expected in July/August.

(197,617) (203,838) (59,550) Kauri Parade Community and Sports Complex Grant funding is only received following completion of key milestones. (5,050,000) (1,945,000) (3,105,000)

Pedestrian Accessibility Improvements ‐ Brighton Primary School Funding for project with works committed and due to start early 2016/17. (9,000) (9,000) (9,000) CCTV Grant Income Grant income to be received in 2016/17. (60,000) (45,000) (15,000)

Total Capital Income (5,316,617) (2,202,838) (3,188,550)

BUDGET Unspent expenditure from the 2015/16 budget will be carried forward and added to the 2016/17 budget and, as noted previously, this will have the effect of adding expenditure to the 2016/17 budget. For capital projects this is essentially a timing issue, however, the carrying forward of operational expenditure and income budgets will effect Council’s budgeted operating result. The 2016/17 operating surplus result will be reduced by $33,232 resulting in a revised operating surplus forecast of $439,547. Forecast net financial liabilities and interest cover ratios will remain unchanged at 59% and 2.5% respectively. A further detailed financial report will be provided in September 2016 indicating the interim unaudited financial results and the final carried forward budgets. LIFE CYCLE COSTS There are no full life cycle costs arising from this report.


Item No: 14.4 Subject: DRAFT ANIMAL MANAGEMENT DIRECTIONS PLAN 2017‐2021 Date: 26 July 2016 Written By: Manager Regulatory Services General Manager: City Assets and Services, Mr S Hodge

SUMMARY The Dog and Cat Management Act 1995 highlights the importance of all Councils having an Animal management Plan relating to dogs and cats which is mandatory for all South Australian councils. These plans are renewed every 5 years. A plan for the period 2017‐2021 has been developed which will supersede the previous plan and set the direction for the management of dogs and cats within our community for the following 5 years as required under the Act. Pending changes to the Dog and Cat Legislation covering microchipping, desexing can be included into the Directions Plan at a later date if required. Councils’ in principle endorsement of the draft plan is sought prior to public consultation on the plan.

RECOMMENDATION 1. That Council endorses in principle, the Draft City of Holdfast Bay’s Animal

Management Directions Plan 2017‐2021 for public consultation. 2. That public consultation be undertaken on the Draft City of Holdfast Bay’s Animal

Management Directions Plan 2012‐2021 and that a further report be presented to Council summarising the consultation feedback.

COMMUNITY PLAN A Place that is safe and secure A Place that provides choices and enhances life A Place with a quality lifestyle A Place that manages its Environmental Impacts


COUNCIL POLICY Animal Management Directions Plan – 2012‐2016 Plan of management relating to dogs and cats STATUTORY PROVISIONS Dog and Cat Management Act 1995 BACKGROUND The Dog and Cat Management Miscellaneous Amendment Act came into effect on 1 July 2004. This amended the dog and Cat management Act 1995 in many ways including, in section 26A, introducing a requirement that councils develop animal management plans. This section in part states: Section 26A Dog and Cat Management Act 1995 26A Plans of management relating to dogs and cats. 26(1) Each council must, in accordance with this section, prepare a plan relating to the

management of dogs and cats within its area. (2) A plan of management must be prepared and presented to the board as follows: (a) the first plan must cover a 5 year period and be prepared and presented within

3 years after the commencement of this section; (b) subsequent plans must cover subsequent 5 year periods and each plan must

be prepared and presented at least 6 months before it is to take effect. (3) A plan of management must be approved by the board before it takes effect. (4) A council may, with the approval of the board, amend a plan of management at any time

during the course of the 5 year period covered by the plan. REPORT Directions Plan Outline The Council’s management of urban animal issues impacts on the health, well‐being and lives of the whole community and the welfare of animals in the city. The 2017‐2021 Animal Management Direction Plan is designed for everyone in the City of Holdfast Bay, both animal owners and non‐owners. Dogs and cats represent by far the most significant number and type of animals and have the most significant impact on our community, environment, health and well‐being. The Council is required to administer and enforce the provisions of the Dog and Cat Management Act 1995.


The objectives of the Act are to: Encourage responsible dog and cat ownership Reduce public and environmental nuisance caused by dogs and cats, and Promote the effective management of dogs and cats (including encouragement for the

de‐sexing of dogs and cats). The plan’s mission is to create an environment which encourages responsible pet ownership, where people and pets integrate safely and harmoniously within the Holdfast Bay community. This plan also contains recommendations for a wide range of actions to be undertaken by the council to achieve these objectives. It provides a sound basis and direction from which it can plan and make future decisions over the next five years, and relates back to the wider Council policy context. It identifies strategies and actions to implement the mission, aims and objectives, including:‐ Educating and promoting responsible pet ownership Highlighting the importance of desexing of dogs and cats Obtaining the right pet and pet friendly housing Reducing dog attacks and bite avoidance Managing dog faeces in public places Reducing the number of dogs wandering at large Promoting the importance of dog socialisation and training Reducing dog barking and nuisance Reviewing officer image and staff training Meeting our corporate Responsibilities ‐ Risk Management ‐ Service Levels Education, Prevention, Encouragement and Enforcement This plan emphasises the proactive combination of education, prevention, encouragement and enforcement to achieve Council’s objectives. Education and promotion are key priorities in changing attitudes to result in an increase in responsible pet ownership in the future. At the same time Council must be proactive in investigating and implementing preventative measures where possible and by providing encouragement to members of our community to comply with our policies and regulations. Although it is expected that there will be a progressive decline in complaints and less reliance on enforcement, this will occur over the long term. At the same time there may be a counter balancing effect due to increasing community expectation, increased profile on the Regulatory Services department and its services, encouragement of reporting eg. All dog attacks and variables such as impacts from proposed legislative amendments to the Act.


Draft Animal management directions Plan 2017‐2021 While some long term planning (5 years) is appropriate, the plan will be routinely reviewed, to ensure its alignment to Council’s strategic directions and changing legislation over the life of the plan. The Draft Animal Management Directions Plan is attached for council’s consideration and approval in principle to proceed with the public consultation stage. Refer Attachment 1 BUDGET An annual budget allocation is provided to Regulatory Services to manage animal issues within the Council area. Any proposed changes to the plan is anticipated to be managed within the current budget. LIFE CYCLE COSTS At this stage, there are no additional costs to Council contained within this report.

ANIMAL MANAGEMENT DIRECTIONS PLAN

(DRAFT)

PLAN OF MANAGEMENT RELATING TO

DOGS AND CATS

2017 ‐ 2021

Contents

Executive Summary

“The Plan” Introduction …Page [ 2 ] Objective …Page [ 5 ] Strategies and Actions …Page [ 6 ] Council By‐laws …Page [23] Implementation …Page [ 27 ]

August 2003

City of Holdfast Bay ANIMAL MANAGEMENT DIRECTIONS PLAN 2017-2021 1

Executive Summary

The City of Holdfast Bay is situated approximately 11km south west of the Adelaide CBD and has a population base of 34,000 residents. During the 2015/2016 registration period the Council registered 4,458 dogs, impounded 91 dogs and returned 124 dogs to their owners. In addition the Council investigated 27 dog attacks/harassments and 85 noise complaints. This Animal Management Plan has been prepared by the City of Holdfast Bay (the Council) in response to the Council adopting a planned approach to undertake its responsibilities under the Dog and Cat Management Act 1995, and will guide domestic animal management by the Council over the next 5 years. The Plan identifies strategies and actions to implement the mission, aims and objectives for domestic animal management, and relates these back to the wider policy context. The Strategy has been prepared by Council’s Regulatory Services Section, drawing information from a broad range of stakeholders, with the community being asked to comment on the draft prior to its adoption by the Council. Animal control has widened into a greater array of contexts following the introduction of the Act. Knowledge of both animal and human behaviours is now a requirement for those working in this field. There is growing recognition that enforcement of laws will not, on its own, result in lasting, voluntary changes in behaviour. It needs to be supplemented by a range of non‐regulatory approaches such as public education and improved signage. The core purpose of the City of Holdfast Bay’s Animal Management Services are:‐ Firstly, to recognise that pets are integral to the lives of many people and recognise the health

and social benefits associated with pet ownership. Secondly, to inform and educate the community about the needs of companion animals and

promote responsible pet ownership. Thirdly, to ensure that the sentiment of the wider community is reflected through Council’s

Animal Management Directions Plan and, Finally, to secure the safety and well being of members of our community including the animals. On a day to day basis Council is required to provide an Animal management Service to ensure that animals do not denigrate the amenity and community safety of the Council area. Council is required to respond to public queries, provide advice to residents and provide enforcement of relevant Act, regulations and by‐laws.


Introduction Background The Dog and Cat Management Miscellaneous Amendment Act came into effect on 1 July 2004. This amended the Dog and Cat Management Act 1995 in many ways including, introducing a requirement that councils develop animal management plans. (Section 26A). This Section in part states:‐ Section 26A Dog and Cat Management Act 1995 26A Plans of management relating to dogs and cats 26(1) Each council must, in accordance with this section, prepare a plan relating to the management

of dogs and cats within its area. (2) A plan of management must be prepared and presented to the Board as follows: (a) the first plan must cover a 5 year period and be prepared and presented within 3 years

after the commencement of this section; (b) subsequent plans must cover subsequent 5 year periods and each plan must be

prepared and presented at least 6 months before it is to take effect. (3) A plan of management must be approved by the Board before it takes effect. (4) A council may, with the approval of the Board, amend a plan of management at any time during

the course of the 5 year period covered by the plan. Directions Plan Outline The Council’s management of urban animal issues impacts on the health, well‐being and lives of the whole community and the welfare of animals in the City. The 2017‐2021 Animal Management Direction Plan is designed for everyone in the City of Holdfast Bay, both animal owners and non‐owners. Dogs and cats represent by far the most significant number and type of animals and have the most significant impact on our community, environment, health and well being. As a result of a review of the Dog and Cat Management Act 1995 several changes have come into effect from 1 July 2004. The Council is required to administer and enforce the provisions of this Act. The objectives of the Act are to:

Encourage responsible dog and cat ownership

Reduce public and environmental nuisance caused by dogs and cats, and

Promote the effective management of dogs and cats (including encouragement for the de‐sexing of dogs and cats).

The plan’s mission is to create an environment which encourages responsible pet ownership, where people and pets integrate safely and harmoniously within the Holdfast Bay community.


This Plan also contains recommendations for a wide range of actions to be undertaken by the Council to achieve these objectives. It provides a sound basis and direction from which it can plan and make future decisions over the next five years, and relates back to the wider Council policy context. It identifies strategies and actions to implement the mission, aims and objectives, including:‐

Educating and promoting responsible pet ownership

Highlighting the importance of desexing of dogs and cats

Obtaining the right pet and “pet friendly” housing

Reducing dog attacks and bite avoidance

Managing dog faeces in public places

Reducing the numbers of dogs wandering at large

Promoting the importance of dog socialisation and training

Reducing dog barking and nuisance

Reviewing officer image and staff training

Meeting our Corporate Responsibilities - Risk Management - Service Levels.

Education, Prevention, Encouragement and Enforcement

This Plan emphasises the proactive combination of education, prevention, encouragement and enforcement to achieve Council’s objectives. Education and promotion are key priorities in changing attitudes to result in an increase in responsible pet ownership in the future. At the same time Council must be proactive in investigating and implementing preventative measures where possible and by providing encouragement to members of our community to comply with our policies and regulations which is on going. Although it is expected that there will be a progressive decline in complaints and less reliance on enforcement, this will occur over the longer term. At the same time there may be a counter balancing effect due to increasing community expectation, increased profile on the Regulatory Services department and its services and encouragement of reporting (eg. All dog attacks and variables such as impacts from proposed legislative amendments to the Act). Animal Management Directions Plan 2017‐2021 (Plan of Management relating to dogs and cats) While some long term planning (5 years) is appropriate, it is not anticipated that there will be any significant changes in the direction that this Plan sets out. However, the Plan will be routinely reviewed to ensure its alignment to Council’s strategic directions over the life of the Plan.

The Law and Guidelines

The responsibilities for dog and cat management in South Australia are prescribed in the Dog and Cat Management Act 1995. Under the Act, councils are required to administer and enforce the provisions relating to dogs within its area. Prescribed responsibilities include the appointment of a Registrar, maintenance of a Dog Register, the appointment of dog management officers and to make arrangements for dogs seized. A council is also able to make By‐Laws relating to the management of dogs and cats within its area. (The City of Holdfast Bay currently has (5) appointed/authorised Dog and Cat Management Officers).


The Act also provides for the appointment of the Dog and Cat Management Board, which has responsibilities to plan, promote, and advise on effective management of dogs and cats in the State, to monitor councils’ management of their responsibilities, to issue Guidelines for councils and to advise and assist councils to undertake their responsibilities. The Board also has a role to provide advice to the Minister to keep the Act under review, to undertake research into companion animal management and to provide education programs for dog management officers and community awareness information. While these provisions provide the legal framework for the council’s responsibilities and the penalties that can be imposed on dog owners for non compliance, this Plan seeks to implement a balanced approach that caters to everyone’s needs that will not only benefit dogs/cats and their owners as a group with legitimate needs but also the wider community as well as those charged with the responsibility of animal management By‐Laws.

Mission Statement

“To create an environment which encourages responsible pet ownership, where people and pets integrate safely and harmoniously within the City of Holdfast Bay community. To recognise that companion animals are part of the community, contributing to its quality of life, and to ensure that the needs of animals and their owners are accommodated while recognising the differing needs of all members of the community such as non pet owners”. Aims

To provide effective management and a suitable environment for dogs within the community.

To encourage responsible dog and cat ownership.

To increase public safety through the reduction of public and environmental nuisance caused by dogs and cats.

To provide for the welfare and safety of dogs and cats.

To acknowledge the importance of dogs and cats in society.

To encourage the enjoyment of and benefits from dogs and cats by people.

To ensure public safety and amenity in relation to dogs and cats.

To protect native fauna and flora from the impact of dogs and cats.

To ensure the expenditure of registration fees addresses the needs of pet owners as well as domestic animal management issues.


Objective The objectives of the City of Holdfast Bay’s Animal Management Directions Plan in conjunction with the Dog and Cat Management Act 1995 and the Local Government Act 1999 are to: Objective 1.: Creating a Safe Public Environment To promote and enforce compliance with relevant legislation being the Dog and Cat Management Act 1995. Council has a responsibility to safeguard community safety and health. To do this, it is necessary to manage the activities of dogs. This involves avoiding potential conflict, preventing danger and minimising distress that may be caused to the community. The Dog and Cat Management Act 1995 requires Council to develop an Animal Management Plan and to ensure that adequate community consultation takes place. Council is committed to the viability of this process and produced this Plan in partnership with the community and all interested parties to ensure quality of life for dog owners, cat owners, and non dog and cat owners. The Plan aims to:

promote responsible dog and cat ownership;

provide for the welfare and safety of dogs and cats; ensure public safety and enhance the amenity and environment;

harness the benefits of dog and cat ownership; and ensure that the expenditure of registration fees addresses domestic animal issues.


Strategies and Actions

1. Legislation & Image Council Staff cannot operate consistently without clear direction and guidelines, as

individuals will often interpret Legislation in differing ways. The Dog and Cat Management Act is the primary Legislation, by‐laws introduced by Council are subordinate Legislation and Procedures are the mechanism to implement the Act and by‐laws.

Generally speaking most dog and cat owners want to do the right thing. Registration

of dogs and general compliance with the Act is relatively high throughout the community. Council must do everything in its power to ensure that residents and visitors understand their obligations to act responsibly with their pets.

1.1 Ensure that Officers of Council operate within the provisions of the Dog and Cat Management Act 1995.

1.2 Ensure that Officers operate within predetermined guidelines in accordance with the

Dog and Cat Management Act 1995. 1.3 Encourage education of dog and cat owners.

Actions: Ongoing review Staff training and development to ensure that all staff have a clear

understanding of animal management issues.. 6 monthly performance reviews for all Staff involved in animal management.

Update procedural guidelines for all Staff to follow.

Update a brochure for all residents and visitors to the City of Holdfast Bay. The

brochure should be distributed through as many outlets as possible including Council Buildings, Associations and Interest Groups. Promote Council’s website ‐ www.holdfast.sa.gov.au


2. Dog Registrations Legislation in SA requires all dogs of or over 3 months of age must be registered.

Councils cannot expect to obtain an acceptable level of dog management without obtaining maximum registration. This can therefore be seen to be the most important issue at hand and is the key factor controlling all other effective and successful dog management strategies.

Dog registration ensures that:

● Owners are registered as well as their dogs. ● Maximum funding is available for councils to carry out responsibilities under

the Act. ● Responsible dog owners and the rest of the community do not have to

financially support irresponsible and unthinking dog owners.

2.1 Maximise dog registrations. Actions: Conduct a survey for unregistered dogs as required. Use the media to inform the public of dog registrations.

Educate the community to register their dogs annually.


3. Wandering Animals A dog wandering at large can be a threat to members of the public, particularly

children and older people and Council is aware that serious attacks can arise in these circumstances. Council will therefore implement strategies to minimize its occurrence in the community.

Under the provisions of the Dog and Cat Management Act it is an offence to allow a

dog to wander at large. A dog will be taken to be wandering at large if it is in a public place, other than a park, or a private place without the consent of the occupier and no person is exercising effective control by way of a physical restraint.

A dog will also be considered to be wandering at large if in a park and no person is

either exercising physical or verbal restraint. The strategies are in two parts; the first to encourage owners to have adequate fencing

and control over their dog and the second is the actions of the Council to the dogs ‘wandering at‐large’.

3.1 Minimise dogs wandering at large. Actions: Make owners be made aware of their responsibilities including:‐

Register their dog,

Adequately fence their property to control their dog,

Train their dog so as to not leave their premises,

Keep their dog under effective control when in a public place.

Other Key Issues to be aware of:‐

That a dog management officer conducts random patrols of all public areas and detain dogs wandering at large.

That Council responds to calls from the general public that a dog is wandering at large. The priority of the Council will be to return the dog to the owner.

Un‐identified dogs will be impounded in accordance with the Act.

Unclaimed dogs that are suitable as pets will be eligible for distribution to persons seeking a pet, dogs being re‐homed under this program will be required to be de‐sexed, immunized and registered.

Unclaimed dogs, which are unsuitable as pets, will be euthanased.

To encourage compliance, dog management officers are encouraged to reinforce complying behaviour, particularly in children, to give warnings to first offences that are of a minor nature where no harm to a person or property has occurred. Penalties prescribed by the Act will be applied in certain circumstances.


4. Animal Identification Identification of dogs is imperative to provide sound animal management practices.

Residents and visitors to the area must identify their dogs at all times. Generally speaking pet owners do not allow their pets to wander at large.

Accidental escape accounts for approximately 90% of dogs wandering at large. Often

these dogs are not identified and therefore cannot be returned to the owner. The costs associated with impounding unidentified dogs and cats and the stress placed on the animal and their owners can be avoided.

4.1 Enforce identification of dogs Actions: Educate the public regarding the correct identification of dogs and cats.

Introduce microchipping days throughout the year to promote identification of pets,

via dog clubs.


5. Community Responsibility Knowledge is the Council’s best tool to reduce the number of dog attacks that occur in

the community. Due to the high number of visitors to the area it is difficult for Council to implement a strategy to reduce dog attacks and harassment. The collection of data will enable Council to understand the situations that lead to such attacks and therefore the community must be encouraged to provide information regarding all attacks regardless of their severity

5.1 Encourage the community to report all dog attacks and harassments to Council. Actions: Implement an education programme that targets the reporting of all dog

attacks/harassments throughout the community.

Provide dog attack/harassment forms throughout the community.


6. Animal Exercise Areas Providing suitable on and off leash activity areas is vital to the success of animal

management in the area. Dog owners must have suitable areas to exercise their dogs safely.

Equally, other members of the community must have the ability to use the amenities

without fear of harassment by uncontrolled dogs. In areas such as streets, roads, and places the public congregate such as shopping areas, dogs must be restrained effectively. In parks assessed by Council for their suitability, dog owners should be able to exercise their dogs without restraint providing the owner exercises effective control.

On beaches and foreshores many councils have considered restricting dog activities to

on‐leash only. In all foreshore areas designated times for off‐leash activities are considered during daylight saving and unrestricted off‐ leash activities allowed during the rest of the year.

Maximise the public’s understanding of the Dog Management Officers and the

Council’s role in the community. Many people have little or no understanding of the role performed by Animal

Management Officers and Council in the Community. This can lead to mistrust and in the worst cases a total lack of respect for the Officers and the Council. Officers must become better at providing information regarding the very important role they perform in the Community on behalf of Council.

Refer: By‐Law No. 5 – Dogs – (Section 6) 6.1 Provide suitable on and off leash activity areas.

Actions:

Do not restrict off‐leash activities in parks and reserves unless it is deemed unsuitable for the activities. (none at present).

Maintain current foreshore restrictions on dog owners during daylight savings, currently at 10am to 8pm

Provide public information to inform the public of their role and current animal management issues.


7. Restrictions on Animal Numbers Council has for some time now placed limits on the number of dogs per dwelling.

Under the provisions of the Council’s By‐Law the limit on the number of dogs in a dwelling is two.

It is possible under certain circumstances to obtain permission to keep more than the

prescribed number of dogs with the written consent of Council.

Council must have accurate information in order to fully understand animal management issues. Currently there is a reliance on the officer’s knowledge of issues and complaints received. Works instructions are generated for complaints with the outcomes recorded but to date this information is only used for reference should further complaints be received. This information should now be analysed to better understand animal management issues.

Refer – By‐Law Number 5 – Dogs – (Section 2) 7.1 Limit the number of dogs and cats per dwelling.

Actions: Analyse all works instructions received over the past twelve months to better

understand any trends regarding animal management issues.

Database established to monitor trends.


8. Responsible Ownership Provide Education material to residents and visitors to the Council area.

There are three factors that contribute to successful pet ownership. They are: ● The Owner, who needs to be aware of responsibilities of pet ownership and

ensures that the dog is registered, immunized, and desexed. The owner is also responsible to ensure that the dog is trained, and needs to be aware of the dog’s behaviour at all times, including when the owner is away from the home such as at work. The owner is also responsible to ensure that the dog has adequate food, water and shelter and that the dog is regularly exercised.

● The Breed determines the size, and often the temperament of the dog and its

susceptibility to genetic defects. When selecting a pet it is important to seek appropriate advice on the soundness of animals being considered and their suitability to the home / yard that the dog will be kept in and the family that the dog will be joining, particularly if small children are involved.

● The Home environment is made up of the part of the home that the dog will

have access to. In most cases this will include an enclosed yard and possibly part of the house. Important factors are the adequacy of the fencing, whether the dog can see out of the yard through a gate, adequacy of shelter, food / water and whether there are children, closeness of neighbours and other dogs and access to on‐leash and off‐leash exercise areas are all important factors.

Successful pet ownership has both financial and time commitments and it is therefore

important that people contemplating pet ownership endeavour to match their choice of pet to their particular home and family circumstances.

8.1 Encourage responsible dog and cat ownership Actions: Encourage people contemplating obtaining a dog or a cat to consider the factors

affecting the suitability of successful pet ownership in their particular circumstances. ● Sources of this information include: Advice being available from the Council Dog

Management Officer. ● Advise of available on line information ● To discourage people from obtaining dogs or a cat from other than registered

breeders, and to ensure that the dog or cat is sound from defects, immunised and de‐sexed.

● That people contemplating obtaining a dog or a cat be encouraged to become familiar with the responsibilities of dog or cat ownership prior to obtaining a dog or a cat.

● That people who obtain a new dog ensure that it is trained.


9. Enforcement Consistent enforcement of the provisions of the Dog and Cat Management Act is an

important factor in educating the public to act responsibly with their pets. Responsible pet owners expect irresponsible pet owners to be dealt with through the provisions of the Act. Effectively there cannot be an incentive to act responsibly with our pets unless there is a disincentive for those who are not responsible.

9.1 Enforce the provision of the Dog and Cat Management Act. Actions: Increase public safety through the reduction of public and environmental nuisance

caused by dogs and cats.


10. Noise Barking dog complaints are one of the most difficult and time consuming areas of

Council responsibility. Barking dog complaints are subjective depending on an individual’s tolerance for dog noise. Council must investigate and resolve these types of complaints. In order for Council to resolve the complaint they require full cooperation from the complainant to collect meaningful evidence suitable to a Court of law. In order to do this Council has set up a standard operating procedure for all dog noise nuisance complaints.

The complainant must follow this standard operating procedure, as failure to do so will

result in the matter being set aside by Council. On receipt of a complaint Council will provide information to the dog owner and diaries to the complainant. If and when the diaries are returned, an investigation will follow. Upon substantiation of a complaint the Council will take the appropriate course of action.

10.1 Control of Barking Dogs. Actions: Implement a standard operating procedure for the investigation of dog and cat

related noise nuisance complaints. Implement an education brochure for dog owners which will be sent out in the

event of a complaint regarding dog noise nuisances.


11. Dog attacks/harassment As previously stated all dog attacks/harassment must be recorded and investigated.

In order to reduce the incidence of dog attacks, Council must educate the public to act responsibly. The issue of dog attacks and harassment is of great concern to the general community, particularly in relation to children and the elderly.

Also of great concern is the number of unreported attacks and the fact that the

majority of attacks (60%) occur on private property. Although only a minority of dogs are involved in attacks and harassment, all dogs have

the potential to bite, regardless of size, age, breed or temperament, particularly in situations where they are frightened, dominant, protective or possessive. How to avoid being bitten or how to read a dog’s body language are important issues on which to educate the public.

11.1 Minimise dog attacks/harassments. Actions: Collate statistics related to dog attacks.

Examine the types and breeds of dog registered in the Council area to determine

any trends applicable.

Promote the level of risk relating to litigation and public safety.


12. Environmental The management of dog faeces is an important environmental and health issue.

Anecdotally, large amounts of dog faeces pollute our waterways and public places each year and it is an issue on which the community has strong feelings. In addition, the City of Holdfast Bay relies heavily on tourism and animal faeces littering our public places has a detrimental effect on visitors. Although the responsibility lies with dog owners, an increasing number of councils are providing leadership in this area by providing dog tidy bags to promote the picking up of dog faeces. It is widely acknowledged that councils that provide faeces removal dispensers dramatically reduce the incidence of discarded faeces in the community. Problems associated with vandalism have been overcome by placing the bag dispensers in areas of high visibility such as Council buildings.

Council also has a by‐law which requires dog owners to carry a bag for the picking ‐up of dog droppings.

Refer – By‐Law Number 5 – Dogs – (Section 7) 12.1 Reduce dog faeces in public places to minimise environmental harm.

Actions: Implement strategically placed signs to encourage responsible dog ownership in the

area of faeces removal.

Investigate the feasibility of providing dispensers and dog tidy bags with Environmental Officer.

Enforce the by‐law for dog owners to carry a bag for picking‐up dog droppings.


13. Animal Safety All reported dogs wandering at large are picked up by Council Dog Management

Officers and if the owner is known, returned to them as soon as possible. If the owner cannot be located the animal is taken to the local pound for safe keeping until claimed.

13.2 Provide for the welfare and safety of dogs and cats.

Actions: Ensure that impounded dogs are returned to owners as soon as practical.

Ensure that all impounded dogs and cats have clean safe facilities while impounded.

Contact made with owner (if known) of deceased dog found on Council Land.


14. Welfare of Animals There is a wealth of scientific evidence to support the benefits of owning pets and their

use in therapy. However, until recently this evidence has not been considered by local government, which has focused instead on the negative aspects alone.

Evidence of a link between pet ownership and better health has been demonstrated by a range of different studies. More work needs to be done to determine whether this link is causal or merely correlational (i.e. do pet owners share some other factor which yields health benefits?), and not all studies demonstrate a link between pet ownership and better health outcomes. However, as the evidence mounts, the public health profession is starting to take note, eg:

The National Health and Medical Research Council’s Strategic Plan for the Prevention of Overweight and Obesity is considering dog walking as one key to getting overweight and obese people moving.

● Dogs encourage people to enjoy the outdoors. They have been shown to stimulate conversation between strangers in public places and they improve people’s sense of security ‐ both in the home and with their owner in public places. Pets are also wonderful companions. In some cases helping combat loneliness and social alienation. These benefits are as important for the elderly and single person households as they are for households with children.

Part of the challenge involves removing barriers to owning pets.

Local government has a role to play in harnessing these benefits ‐ not to encourage people to buy a pet but to even up the balance in the consideration of domestic animals issues and by removing unnecessary barriers to pet ownership.

14.1 Acknowledge the importance of dogs and cats in society.

Actions: Provide residents and visitors with up to date information regarding the benefits of

responsible dog and cat ownership.

Promote the benefits to the community of responsible pet ownership with the Dog and Cat Management Boards publication “You and Your Dog” and “You and Your Cat”.


15. Public Safety Conduct regular patrols to ensure compliance with Legislative requirements. Invite

regular input regarding dog and cat management issues from interest groups throughout the community.

Council has 4 Part time Animal Management Officers and several Administration

Support Staff. These staff are trained in all areas of animal management, and are the public face of animal management in the area. The officers educate, mediate and enforce the provision of the Act and have a good understanding of the issues affecting public safety and amenities in relation to dogs and cats. Council is providing adequate patrols for non‐compliance with the Act.

15.1 Ensure public safety and amenity in relation to dogs and cats Actions: Continue regular patrols of the area to ensure compliance with the Act.

Invite members of the public to input into animal management.


16. Fee Structures Under the provisions of the Act Council must utilise money generated from dog

management in the area of dog management. The implementation of this plan is a clear demonstration of Councils desire to fulfil this obligation. In addition Council’s Finance Manager is responsible for ensuring that an independent ledger of funds is kept and is available for scrutiny by the Dog and Cat Management Board.

16.1 Ensure that revenue generated from registration fees is allocated to activities that

address the needs of pet owners as well as domestic animal management issues. Actions: Conduct regular reviews of income and expenditure to ensure that Council is using

best practice with available funds in a cost effective way.


17. Cat Management Under the provisions of the Dog and Cat Management Act 1995 a cat must be

identified by wearing a collar or tag with owners details or by micro‐chipping. There is community support for greater control of cats and accountability of cat owners for their pets. Reasons commonly raised to better manage cats include: protection of birds, lizards and native fauna; to minimise disturbance to neighbours from defecation and spraying; to reduce disruption caused by the interaction between dogs and cats; and to manage territorial and other disputes between cats.

With the above in mind, Council decided at its meeting on 28 April 2009 to adopt a Cat

By‐law for the community. The Council Cat By‐law came into operation on 7 September 2009.

Refer – By‐Law Number 6 – Cats – (Sections 1 to 4) 17.1 Promote the contents of council’s Cat By‐law.

Actions: Promote Council’s Cat By‐law and Cat Policy, which outlines the requirements for

keeping a cat within the City of Holdfast Bay.

Provide cat cages, for property owners to humanely trap on their property, unowned, feral or stray cats in accordance with RSPCA Guidelines and to hand them over to Council.

COUNCIL BY‐LAWS


CITY OF HOLDFAST BAY By‐law made under the Dog and Cat Management Act 1995 and the Local Government Act 1999 By‐Law No 5 ‐ Dogs To limit the number of dogs that can be kept on premises and to provide for the management and control of dogs within the Council’s area. 1. Definitions In this by‐law unless the context otherwise requires: 1.1 ‘approved kennel establishment’ means a building, structure, premises or area approved by the relevant authority pursuant to the Development Act 1993 or otherwise lawfully established for the keeping of dogs and/or cats on a temporary or permanent basis;

1.2 ‘assistant dog’ means an accredited hearing dog, guide dog or disability dog as defined in the Dog and Cat Management Act 1995;

1.3 ‘local government land’ has the same meaning as in the Local Government Act 1999;

1.4 ‘premises’ includes land and part of any premises or land whether used or occupied for domestic or non‐domestic purposes;

1.5 ‘small dwelling’ means a self‐contained dwelling commonly known as a flat, service flat, home unit or the like. 2. Limit On Dog Numbers A person must not, without the Council’s permission, keep more than: 2.1 one dog in a small dwelling; and

2.2 two dogs in any premises other than a small dwelling. 3. Exemptions The limits set out in paragraph 2 of this by‐law do not apply: 3.1 to an approved kennel establishment operating in accordance with all required approvals and consents; or

3.2 to any business involving dogs which is registered in accordance with the Dog and Cat Management Act 1995; or

3.3 where the Council otherwise grants permission.


4. Dog Free Areas A person must not, on any local government land to which this paragraph applies, cause, suffer or permit any dog (except an assistant dog) under that person’s control, charge or authority to be or remain in that place. 5. Dog On Leash Areas A person must not, on any local government land to which this paragraph applies, cause, suffer or permit any dog under that person’s control, charge or authority to be or remain in that place unless such dog is restrained by a strong chain, cord or leash not exceeding 2 metres in length and either tethered securely to a fixed object or held by a person capable of controlling the dog and preventing it from being a nuisance or a danger to other persons. 6. Dog Exercise Areas Subject to paragraphs 4 and 5 of this by‐law, 6.1 any person may enter upon any part of local government land for the purpose of exercising a dog under that person’s control; and

6.2 where a person enters upon such part of local government land for that purpose, he or she shall ensure that the dog or dogs remain under effective control either by means of physical restraint or by command, the dog or dogs being in close proximity to the person and the person being able to see the dog or dogs at all times. 7. Dog Faeces A person must not, on any local government land, while in control or charge of a dog, fail to carry a bag or other suitable receptacle for the purpose of picking up and lawfully disposing of any faeces that the dog deposits on local government land. 8. Application Of Paragraphs Paragraphs 4 and 5 of this by‐law shall apply only in such portion or portions of the Council’s area as the Council may by resolution direct in accordance with Section 246(3)(e) of the Local Government Act 1999. The foregoing by‐law was duly made and passed at a meeting of the City of Holdfast Bay held on the 14th day of February 2012 by an absolute majority of the members for the time being constituting the Council, there being at least two thirds of the members present.

Mr Justin Lynch Chief Executive Officer


CITY OF HOLDFAST BAY By‐law made under the Dog and Cat Management Act 1995 and the Local Government Act 1999 By‐law No 6 ‐ Cats To limit the number of cats that can be kept on premises and to provide for the management and control of cats in the Council’s area. 1. Definitions In this by‐law unless the context otherwise requires: 1.1 ‘approved kennel establishment’ means a building, structure, premises or area approved by the relevant authority pursuant to the Development Act 1993 or otherwise lawfully established for the keeping of cats and/or dogs on a temporary or permanent basis;

1.2 ‘cat’ has the same meaning as in the Dog and Cat Management Act 1995;

1.3 ‘keep’ includes the provision of food or shelter;

1.4 ‘identified cat’ means a cat identified in the manner set out in Regulation 9 of the Dog and Cat Management Regulations 1995;

1.5 ‘premises’ includes land and part of any premises or land whether used or occupied for domestic or non‐domestic purposes;

1.6 ‘unidentified cat’ means a cat that is not identified in the manner set out in Regulation 9 of the Dog and Cat Management Regulations 1995. 2. Cats Not to Be a Nuisance No person shall keep or allow to remain on any premises of which he or she is the owner or occupier, any cat or cats so as to be a nuisance or injurious to health by reason of: 2.1 the noise or odour generated by the presence of the cat or cats;

2.2 the aggressive nature of the cat or cats; or

2.3 the cat or cats being allowed to wander from the land. 3. Limit on Cat Numbers 3.1 No person shall, without permission: 3.1.1 keep a cat of or over the age of three months unless the cat is an identified cat; 3.1.2 keep more than two cats on any premises. 3.2 The limit set out in subparagraph 3.1.2 of this by‐law does not apply to a person who is keeping more than two cats on any premises at the time this by‐law comes into effect provided that:


3.2.1 all the cats being kept on the premises are desexed; 3.2.2 no insanitary condition is being caused by the cats or the keeping of the cats on the premises; and 3.2.3 no nuisance is being caused by the cats or by the keeping of the cats on the premises. 3.3 Notwithstanding subparagraph 3.2 of this by‐law, the limit set out in subparagraph 3.1.2 of this by‐law will apply where the number of cats kept on any premises increases after the time this by‐law comes into effect.

3.4 The limit set out in subparagraph 3.1.2 of this by‐law does not apply to: 3.4.1 an approved kennel establishment operating in accordance with all approvals and consents; or 3.4.2 where the Council otherwise grants permission. 4. Notice to Remedy 4.1 If the Council, or such other person as the Council may authorise for that purpose, is satisfied that any cat kept or allowed to remain on any premises is or is likely to become a nuisance or injurious to health, the Council, or such other person as the Council may authorise for that purpose, may by notice in writing require the owner or occupier of those premises, within the time stated in the notice, to take such measures as the Council, or such other person as the Council may authorise for that purpose, considers necessary to prevent the cat from being or continuing to be a nuisance or injurious to health.

4.2 Any person to whom notice is given shall comply with the requirements of the notice.

4.3 If any person to whom notice is given fails to comply with the requirements thereof, the Council, or such other person as the Council may authorise for that purpose, may carry out the requirements and recover the cost of so doing from the person who failed to comply with the notice. The foregoing by‐law was duly made and passed at a meeting of the City of Holdfast Bay held on the 14th day of February 2012 by an absolute majority of the members for the time being constituting the Council, there being at least two thirds of the members present.

Mr Justin Lynch Chief Executive Officer

Implementation

STRATEGIES AND ACTIONS

Strategies and Actions – Animal Management

Strategy

Actions

Responsi

bility

Budget Implicati

ons

Other Resour

ce Implications

KPI

Key Focus Area CREATING A SAFE PUBLIC ENVIRONMENT OBJECTIVE 1.1 REGULATORY SERVICES

N/A

Strategy 1 Provide effective management and a suitable environment for dogs and cats within the community.‐

1.1 Ongoing review Staff training and develop to ensure that all staff have a clear understanding of animal management issues.

Manager Regulatory Services

Ongoing N/A All CSOs have Certificate 4

1.2 6 monthly performance reviews for all Staff involved in animal management.


Ongoing N/A 6 Monthly Review all CSOs

1.3 Update procedural guidelines for all Staff to follow.


Ongoing N/A 6 MonthlyReview all CSOs

1.4 Introduce a brochure for all residents and visitors to the City of Holdfast Bay. The brochure should be distributed through as many outlets as possible including Council Buildings, Associations and Interest Groups. Promote Councils website – www.holdfast.sa.gov.au


Ongoing N/A 6 Monthly Review of all flyers to keep updated.

Strategy 2 Maximise dog registration.

2.1 Conduct a survey for unregistered dogs.


Ongoing N/A Every 12 months increase dog registrations by 1% annually.

2.2 Use the media to inform the public of dog registrations.

ManagerRegulatory Services

Ongoing N/A 6 MonthlyFlyers to be relevant.

Strategy 3 Minimise dogs wandering at large

3.1 Make owners aware of their responsibilities including:‐ • Register their dog. • Adequately fence their property to control their dog. Train their


Ongoing N/A

Reduction of Dogs wandering at large. (On‐Going)

dog so as to not leave their premises. • Keep their dog under effective control when in a public place. Other key Issues to be aware of:‐ • That a dog management officer

conduct random patrols of all public areas and detain dogs wandering at large.

• That Council responds to calls from the general public when a dog is wandering at large. The priority of the Council will be to return the dog to the owner. • Un‐identified dogs will be impounded in accordance with the Act. • Unclaimed dogs that are suitable as pets will be eligible for distribution to persons seeking a pet, dogs being re‐homed under this program will be required to be de‐sexed, immunised and registered. • Unclaimed dogs, which are unsuitable as pets, will be euthanised. • To encourage compliance, dog management officers are encouraged to reinforce complying behaviour, particularly in children, to give warnings to first offences that are of a minor nature where no harm to a person or property has occurred. Penalties prescribed by the Act will be applied in certain circumstances.

N/A

Strategy 4. Enforce identification of dogs.

4.1 Enforce identification of dogs.

Educate the public regarding the correct identification of dogs and cats.

introduce microchipping days throughout the year to promote identification of pets, via dog clubs.


Ongoing N/A Increase Number of dogs microchipped. Increase Number of dogs returned to owners.

Strategy 5. Encourage the community to report all dog attacks and harassments to Council.

• Implement an education programme that targets the reporting of all dog attacks/harassments throughout the community. • Provide dog attack/harassment forms throughout the community.


Ongoing N/A Monitor trends with dog attacks. Provide report to council

Strategy 6. Provide suitable on and off leash activity areas.

6.1 Do not restrict off‐leash activities in parks and reserves unless it is deemed unsuitable for the activities.


Ongoing N/A Monitor trends from the public. Provide report to council

6.2 Maintain current foreshore restrictions on dog owners during daylight savings, currently at 10am to 8pm.


Ongoing N/A MonitoredDaily by GI’s

6.3 Provide public information to inform the public of their role and current animal management issues


Ongoing N/A All flyers reviewed 6 Monthly

Strategy 7. Limit the number of dogs and cats per dwelling

7.1 Analyse all works instructions received over the past twelve months to better understand any trends regarding animal management issues.


Ongoing N/A Yearly by CSOs

Strategy 8. Encourage responsible dog and cat ownership.

8.1 Encourage people contemplating obtaining a dog or a cat to consider the factors affecting the suitability of successful pet ownership in their particular circumstances.

Sources of this information include: Advice being available from the Council Dog/Cat Management Officer.

Advise of available on line information

To discourage people from obtaining dogs or a cat from other than registered breeders, and to ensure that the dog or cat is sound from defects, immunised and de‐sexed.

That people contemplating obtaining a dog or a cat be encouraged to become familiar with the responsibilities of dog or cat ownership prior to obtaining a dog or a cat.

That people who obtain a new dog ensure that it is trained.


Ongoing N/A By Authorised Officers Daily when dealing with the public. Introduce Interactive Dog Ownership online training on Council’s website

Strategy 9. Enforce the provision of the Dog and Cat Management Act.

9.1 Increase public safety through the reduction of public and environmental nuisance caused by dogs and cats.


Ongoing N/A Conduct daily while CSOs on patrol.

Strategy 10. Control of barking dogs.

10.1 Implement a Standard operating procedure for the investigation of dog and cat related noise nuisance complaints.


Ongoing N/A Update Yearly or as required.

10.2 Implement an education brochure for dog owners which will be sent out in the event of a complaint regarding dog noise nuisances.


Ongoing N/A Reduction of noise complaints.

Strategy 11. Dog attacks /harassment.

11.1 Collate statistics related to dog attacks. • Examine the types and breeds of dog registered in the Council area to determine any trends applicable. • Promote the level of risk relating to litigation and public safety.


Ongoing N/A Update Yearly by all CSOs

Strategy 12. Reduce dog faeces in public places to minimise environmental harm

12.1 Implement strategically placed signs to encourage responsible dog ownership in the area of faeces removal.


Ongoing N/A Monitor complaint trends and locations

12.2 Investigate the feasibility of providing dispensers and dog tidy bags with Environmental Officer.


Ongoing N/A Monitored Daily by CSOs

12.3 Enforce the by‐law for dog owners to carry a bag for picking‐ up dog droppings.


Ongoing N/A MonitoredDaily by CSOs

Strategy 13. Provide for the welfare and safety of dogs and cats

13.1 Ensure that impounded dogs are returned to owners as soon as possible.


Ongoing N/A Increase in returning dogs to owners by CSO

13.2 Ensure that all impounded dogs and cats have clean safe facilities while impounded.


Ongoing N/A On a Routine Daily Basis by CSOs

13.3 Contact made with owner (if known) of deceased dog found on Council land.


Ongoing N/A As Required by CSOs

Strategy 14. Acknowledge the importance of dogs and cats in society.

14.1 Provide residents and visitors with up to date information regarding the benefits of responsible dog and cat ownership.


Ongoing N/A Update Yearly by CSOs

14.2 Promote the benefits to the community of responsible pet ownership with the Dog and Cat Management Boards publication “You and Your Dog” and “You and Your Cat”


Ongoing N/A By Authorised Officers Daily while in contact with the public.

Strategy 15. Ensure Public safety and amenity in relation to dogs and cats

15.1 Continue regular patrols of the area to ensure compliance with the Act.


Ongoing N/A By Authorised Officers Daily and at night.

15.2 Invite members of the public to input into animal management.


Ongoing N/A By Authorised Officers Daily

Strategy 16. Ensure that revenue generated from registration fees is allocated to activities that address the needs of pet owners as well as domestic animal management issues.

16.1 Conduct regular reviews of income and expenditure to ensure that Council is using best practice with available funds.


Ongoing N/A Yearly (Budget Period) by Manager.

Strategy 17.

17.1 Promote Council’s Cat By‐law and Cat Policy which outlines the requirements for keeping a Cat within the City of Holdfast Bay.

ManagerRegulatory Services


17.2 Provide cat cages for hire, for property owners to humanely trap on their property, unowned, feral or stray cats in accordance with RSPCA Guidelines and hand them over to Council.



Note 1: The Animal Management Directions Plan will be reviewed every 5 years. Note 2: Responsibility of Key Actions – Manager Regulatory Services (MRS)