Council Agenda NOTICE OF MEETING

Transcription

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 24 February 2015 at 7.00pm
Justin Lynch
CHIEF EXECUTIVE OFFICER
1
City of Holdfast Bay
Council Agenda 24/02/15
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 10 February 2015 be
taken as read and confirmed.
Moved Councillor _______, Seconded Councillor ________
8.
PUBLIC PRESENTATIONS
8.1
Petitions - Nil
8.2
Presentations - Nil
8.3
Deputations Nil
Carried
2
9.
QUESTIONS BY MEMBERS
9.1
Without Notice
9.2
On Notice - Nil
10.
MEMBER’S ACTIVITY REPORTS - Nil
11.
MOTIONS ON NOTICE - Nil
12.
ADJOURNED MATTERS - Nil
13.
REPORTS OF MANAGEMENT COMMITTEES,
DEVELOPMENT ASSESSMENT PANEL - Nil
14.
REPORTS BY OFFICERS
14.1
14.2
14.3
14.4
14.5
15.
Council Agenda 24/02/15
SUBSIDIARIES
AND
THE
Items in Brief (Report No: 28/15)
Glenelg Foreshore Playspace (Report No: 40/15)
Information Report – Southern Region Waste Resource Authority – 2
February 2015 (Report No: 50/15)
Sunset Café – Application for Restaurant Liquor Licence (Report No:
51/15)
Monthly Financial Report – January 2015 (Report No: 49/15)
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
Item No:
14.1
Subject:
ITEMS IN BRIEF
Date:
24 February 2015
Written By:
Personal Assistant
General Manager:
Corporate Services, Mr I Walker
Council Report No: 28/15
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:
•
•
•
•
•
•
Adelaide Airport Brighton Jetty Classic Sculptures
Bay – City Fun Run
Non Complying Petition – Slow Traffic on Bowker Street
Conflict of Interest Discussion Paper
Non Complying Petition – Zig Zag Walkway
Multi Signatory Letter – Carnarvon Avenue, Glenelg North
be noted and items of interest discussed.
COMMUNITY PLAN
A Place that Provides Value for Money
COUNCIL POLICY
Not applicable
STATUTORY PROVISIONS
Not applicable
REPORT
14.1.1
Adelaide Airport Brighton Jetty Classic Sculptures
The Adelaide Airport Brighton Jetty Classic Sculptures Exhibition was held from 21
January to 1 February 2015. The City of Holdfast Bay has sponsored the event
2
since it began 8 years ago and has shown ongoing commitment and support of the
annual exhibition. The exhibition draws an audience of over 25,000 people to the
seaside destination of Brighton.
Refer Attachment 1
Council recognises the need to develop a vibrant and cohesive community and is
committed to the future placement and integration of Public Art.
In 2015 Council allocated $20,000 for the purchase of a sculpture from the
Sculptures Exhibition. The sculptures are judged by the Selection Group comprising
of Council representatives, event officials and art professionals. Selection criteria
used by Judges were that the selected must contribute to the vibrancy of public
space, be engaging, innovative and of high quality. They also considered risk
management, public safety and suitability of the coastal environment when they
make their recommendations.
Each member selected 3 outdoor artworks in order of preference. Their shortlist
was provided to the CEO to make the final decision.
The sculptures will be installed in conjunction with the Artscape Corridor
Masterplan. The Hang Loose sculpture will be installed along the Esplanade and
The Salty Dog bench will be installed as part as the Glenelg Foreshore Upgrade.
The artworks purchased by Council from the 2015 event were:
Sculpture Name: Hang Loose
Artist Name: Chris Murphy
14.1.2
Sculpture Name: The Salty Dog
Artist Name: Rob Garrett
Bay – City Fun Run
The inaugural Bay – City Fun Run will be staged on Sunday, 19 April 2015. The Fun
Run will start at Colley Terrace, Glenelg at 8.00am and finish in Telstra Plaza
(outside Adelaide Oval) War Memorial Drive, Adelaide. It is estimated that around
10,000 participants will take part.
Road closures in Glenelg will affect Jetty Road and Colley Terrace traffic between
5am and 10am on Sunday, 19 April 2015. Depot and event management support
from City of Holdfast Bay is minimal.
The Mayor will be invited to start the walkers at 8.20am from Colley Terrace and all
other Elected Members will be invited to join in the festivities on the morning.
Please note there are no VIP/ sponsorship facilities at the start location. Event
3
organisers are paying Council site hire fees for this event. 20 complimentary
entries have been gifted to City of Holdfast Bay which the HR team will distribute.
14.1.3
Non Complying Petition – Slow Traffic on Bowker Street
Council is in receipt of a multi-signatory letter requesting that Council initiate
measures to slow the traffic on Bowker Street near the Paringa Park Primary
School. The following response is provided as evidence of Council’s investigation
into these matters and actions to date.
Refer Attachment 2
January 2012 – Council was invited by the Department of Planning, Transport &
Infrastructure to participate in the delivery of the Way2Go program. The program
encourages safer, greener and more active travel for South Australian primary
school students and is based on a partnership between DPTI, Councils and schools.
March 2012 – Council endorsed our participation in the program.
During this time, the Principal at Paringa Park Primary School contacted Council
advising of two main concerns: traffic flow and congestion on Margaret Avenue
and speed compliance at the Emu crossing on Bowker Street.
August 2013 – Site audit was conducted and letter dated September 2013 was sent
to the Principal advising the following.
•
•
•
The traffic congestion on Margaret Avenue is largely associated with the
operation of the set down/pick up area within the school grounds. As drivers
wait to enter and exit the area, queues develop on Margaret Avenue toward
Balmoral Avenue; and, traffic congestion also occurs on Bowker Street.
The existing parking controls on the school side of Margaret Avenue and
Bowker Street are ‘No Stopping’ at school set down and pick up times. This
forces adults and children to unnecessarily cross the road and compromises
road safety for motorists and pedestrians.
Whilst on site, school staff and parents expressed their concern with
speeding traffic on Bowker Street, whilst the Emu Crossing is operational.
Following further discussions to improve safety on the roads adjacent to the
school, the following actions were actions were recommended to the Principal.
•
•
•
•
Paringa Park Primary administration to review the set down and pick up area
within the school grounds and ensure compliance with DECS policy on Traffic
Management Near School Sites.
Amend the parking controls on the school side to provide access to parking
for set down and pick up of students. This significantly improved road safety
by reducing the number of pedestrians, especially young children, crossing
the road.
Install No Stopping across from the school in Margaret Ave to improve traffic
flow at the intersection with Bowker Street.
That the school consider the opportunity to train students, parents and
teachers to act as monitors at the Emu Crossing on Bowker Street.
4
In addition to the above, Council also installed pedestrian protective fencing on the
kerb at all school access gates to prevent children from running out onto the
roadway.
DPTI also conducted extensive Way2Go education at the school and installed a
total of 25 ‘cross here with care’ signs at adjacent roads for students to cross at
safe locations.
As part of the investigation, Council collected traffic data in September 2013 and
the results are tabled below.
Day
Date
Time
Volume
Tuesday
Tuesday
Wednesday
Wednesday
17.09.2013
17.09.2013
18.09.2013
18.09.2013
08:00 – 09:00
15:00 – 16:00
08:00 – 09:00
15:00 – 16:00
236
135
246
189
Mean Speed
above 25km/h
27.4
32.8
30.0
33.7
Although the mean speed indicates that vehicles are exceeding the 25km/h, it is
important to note that children may not have been present at the time a vehicle
was travelling through the school zone and Emu crossing.
In addition, an assessment of crash statistics for the period 2010 – 2013 inclusive
confirmed that no crashes have been reported at Bowker Street, between Vincent
Avenue and Margaret Avenue.
In November 2013, SA Police contacted Council and requested individual vehicle
traffic data for Bowker Street but it is not SA Police procedure to inform Council of
any actions arising from the traffic data we supply.
In January 2014, Council wrote to the Principal and summarized all completed
actions to improve road safety at roads adjacent to the school. With DPTI
agreement we recommended that the school implement monitors at the Emu
crossing to reinforce the presence of children at the crossing, thereby prompting
motorists to travel at reduced speeds. At this time we have not received
correspondence from the Principal to advise if they have adopted the
recommendation.
Since 2013, Council and DPTI’s Way2Go program has assisted us to conduct
extensive investigations and implement road safety improvements at Paringa Park
Primary School. At this time, there is insufficient evidence for Council to consider
any further investigation into this matter and Council encourages the Principal to
contact SA Police and seek assistance with speed enforcement.
14.1.4
Conflict of Interest Discussion Paper
The Office of Local Government and the LGA have released a discussion paper on
proposals to amend the conflict of interest provisions in the Local Government Act.
The proposals are based on the model used in Queensland.
5
The Office of Local Government and the LGA have released a discussion paper on
proposals to amend the conflict of interest provisions in the Local Government
Act. The proposals are based on the model used in Queensland.
There is a need to review the provisions to make them more accurately reflect
contemporary public policy and there are also practical imperatives driving the
consideration of reforms. These imperatives include:
•
•
•
•
•
•
•
Significant difficulties and confusion for council members in interpreting
the current provisions of the Act regarding conflict of interest;
Different legal opinions on the interpretation of this part of the Act;
A District Court judgment that provided a particular legal interpretation
on one aspect of the provisions;
Repeated calls by the SA Ombudsman for the Act to be amended to
provide for 'perceived' conflicts of interest;
For the most part, the current provisions provide for only one outcome
for the disclosure of a conflict, that is, the Council Member must leave
the Council meeting room and not vote on the matter. It can be argued
that this is too onerous for conflicts that are minor, but which
nevertheless should be disclosed and recorded in the public interest;
Confusion about the application of the exclusion clauses in s73(1) of the
Act, regarding interests shared in common with a '… substantial
proportion of ratepayers, electors or residents ...' or other '… substantial
class of persons …';
The current provisions allow unhelpful speculation about possible
conflicts of interest from other council members and members of the
public.
The discussion paper focusses on two main types of interest: (i) a material personal
interest; and (ii) a conflict of interests.
(i)
(ii)
A material personal interest is the most important type of interest that
would essentially mandate the same kinds of responses that exist in the
current Local Government Act. That is a person must declare the
interest, leave the chamber and refrain from voting. Significant penalties
would apply for a breach of this provision.
A conflict of interests involves lesser types of interests, either real or
perceived, and would permit a range of responses. These may include
leaving the chamber but could equally allow a person to remain and vote
on the issue. The choice would be one for the person with the conflict to
make, but would require the person to disclose the interest, have the
interest minuted and to provide reasons for taking the action that they
choose to take.
Importantly, a person would not be found to have either a material personal
interest or a conflict of interest if the matter under discussion falls into the
category of 'ordinary business matter of the Council'. An ordinary business matter
would be defined in the Act.
A copy of the discussion paper is attached and the LGA is seeking feedback on the
proposals by 6 March2015. The LGA is proposing to conduct workshops on the
discussion paper on 4 March 2015 to receive final feedback on the conflict of
6
interest discussion paper at the LGA Offices, commencing at 10.30am. If you wish
to attend this workshop please advise so that your registration can be processed.
Refer Attachment 3
The Workshop will include a short presentation on the issues but the workshop is
intended to provide opportunity for discussion and final feedback. A
representative from the Office of Local Government has also been invited to
attend.’
14.1.5
Non Complying Petition – Zig Zag Walkway
Council has received a non-complying petition from Caldicott Lawyers on behalf of
their clients Anna and Tony Pope of 239 The Esplanade Seacliff which included a 26
signatories requesting that:
.
“As a resident and rate payer of the City of Holdfast Bay I want the council to put a
stop to sporting clubs and personal trainers from holding group training sessions on
the zig-zag walkway as it is effecting our everyday lives through noise pollution,
traffic hazards and safety issued caused by these groups.”
The Local Government (Procedures at Meetings) Regulations 2013 and the Councils
Code of Practice Procedures at Meetings outlines the criteria that a petition to be
presented to Council needs to meet. Unfortunately the petition from Caldicott
Lawyers on behalf of their clients Anna and Tony Pope of 239 The Esplanade
Seacliff does not meet a number of the criteria for a petition and is unable to be
presented to Council formally. Nonetheless the content of the petition is provided
for Council information.
Refer Attachment 4
Complaints about sporting groups and personal trainers using the Zig-Zag walkway
as part of organised fitness activities have been received from some local residents
since early 2014.
The walkway is primarily intended as a pathway to provide access to the beach
and, because of its location, has also been used by individuals and groups as part of
their personal fitness programs over a number of years. This use has not given rise
to complaints in the past, and supports Council’s vision of a healthy and active
lifestyle for the community.
Recent complaints about inappropriate activity and noise
sympathetically received and have resulted in the following actions:
1.
2.
3.
4.
have
been
The placement of new signage at the top and bottom of the walkway to
remind users of acceptable standards of behaviour.
Letters have been sent to all registered Personal Training Groups and
major sporting clubs within the City of Holdfast Bay, reminding these
groups that this site is not intended for fitness or organised personal
training.
Community Safety Officers have included the ramp as a part of their
regular inspections, to ensure that the use is appropriate.
Temporary surveillance cameras have been installed at the location for
10 days to monitor activities at the site. (During the surveillance period
7
only one exercise group was observed, and approximately 20% of users
appeared to be engaging in individual training, with the remainder using
the site as a pathway.)
This is a complex issue requiring a balance between the immediate amenity of
individuals and a broader obligation to all members of the community to ensure
that public spaces are safe and cater for a diversity of needs.
Community Safety Officers will continue to monitor the walkway to remind users
of acceptable standards of behaviour.
14.1.6
Multi Signatory Letter – Carnarvon Avenue, Glenelg North
Council is in receipt of a multi signatory letter sent to SA Police and Dr Duncan
McFetridge, MP, Member for Morphett from Anna Howard, resident at Carnarvon
Ave Glenelg North.
The letter relates to concerns regarding ‘daily excessive speeding’ witnessed by
residents and a request for SA Police to assist with speed enforcement. Having
received a copy of the letter, Council has conducted an investigation into the
matter and, advises the following.
Refer Attachment 5
Carnarvon Avenue is located north of Anzac Highway, between Adelphi Crescent
and Tapleys Hill Road with east-west traffic movements. The road is 255 metres in
length, 8.0 metres wide, unrestricted (all day) parking is permitted on both sides of
the road, all properties are residential and is classified as a local road. The urban
speed limit is 50 km/h and all turns (left in, left out, right in, right out) are
permitted at both intersections.
In 2012, Council attempted to collect traffic data at Carnarvon Avenue but the
equipment was vandalised and in September 2013, we were only able to record
approx. 4 days of data until the equipment was again vandalised. Council has
assessed available traffic data and the following results were recorded from the
data collected in September 2013.
Definitions to assist with interpreting the table below.
Mean Speed: The average speed, calculated as the sum of all speeds divided by the
number of recorded speeds.
Median Speed: The speed that equally divides the distribution of recorded speeds.
85% Speed: The speed at or below which 85% of all vehicles are recorded to travel
under free-flowing conditions.
PSL: Posted Speed Limit.
8
Speed Statistics by Hour
Site:
[21961] Carnarvon Avenue, Glenelg North (Adelphi/Tapleys
Hill) <50km/h>
East bound A>B, West bound B>A. Lane:
0:00 Mon, 16 Sept 2013 => 0:00 Thurs, 19 Sept 2013
5 - 160 km/h.
East, West (bound)
Vehicles = 762 / 762 (100.00%)
Direction:
Filter time:
Speed range:
Direction:
In profile:
Vehicles = 762
Posted speed limit = 50 km/h, Exceeding = 168 (22.05%), Mean Exceeding = 68.01
km/h
Maximum = 131.0 km/h, Minimum = 5.4 km/h, Mean = 41.0 km/h
85% Speed = 58.7 km/h, 95% Speed = 76.0 km/h, Median = 36.4 km/h
Hour Bins
Time |
|
0000 |
0100 |
0200 |
0300 |
0400 |
0500 |
0600 |
0700 |
0800 |
0900 |
1000 |
1100 |
1200 |
1300 |
1400 |
1500 |
1600 |
1700 |
1800 |
1900 |
2000 |
2100 |
2200 |
2300 |
Min
|
Max
50.1
0.0
33.4
25.5
24.4
16.7
16.4
12.4
5.4
23.8
15.5
14.2
21.3
16.7
16.5
7.9
8.8
16.7
17.7
18.9
16.6
29.1
30.7
12.3
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
50.1
0.0
52.8
27.3
26.5
63.5
94.8
116.9
131.0
96.2
89.5
81.2
75.8
125.9
74.6
107.6
80.8
73.0
70.4
76.7
62.9
78.6
75.1
47.3
| Mean
|
| 50.1
|
0.0
| 43.1
| 26.4
| 25.5
| 31.2
| 46.3
| 48.9
| 48.2
| 42.6
| 37.2
| 38.7
| 42.8
| 43.0
| 40.8
| 39.8
| 37.5
| 38.3
| 38.9
| 34.7
| 31.8
| 46.2
| 43.0
| 25.2
| Median |
|
|
| 50.0 |
|
0.0 |
| 33.1 |
| 25.2 |
| 24.1 |
| 28.1 |
| 37.4 |
| 41.4 |
| 40.3 |
| 34.6 |
| 33.5 |
| 32.4 |
| 36.7 |
| 36.0 |
| 36.4 |
| 33.1 |
| 36.4 |
| 36.4 |
| 36.4 |
| 32.4 |
| 26.3 |
| 39.6 |
| 33.1 |
| 23.0 |
85%
50.0
0.0
52.6
27.0
26.3
31.0
66.2
74.9
70.9
58.0
50.0
58.0
63.0
68.0
61.2
55.4
43.6
44.3
56.5
43.2
42.8
57.2
45.0
28.4
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
95%
50.0
0.0
52.6
27.0
26.3
63.4
81.4
82.4
81.4
72.7
83.9
70.6
70.2
81.4
68.8
68.8
54.0
61.9
66.2
45.7
62.6
71.6
74.9
47.2
|>PSL 50km/h
|
|
| 1 100.0%
| 0
0.0%
| 1 50.0%
| 0
0.0%
| 0
0.0%
| 1 16.7%
| 6 33.3%
| 28 35.0%
| 28 37.8%
| 9 34.6%
| 5 16.7%
| 12 27.3%
| 12 32.4%
| 10 25.6%
| 7 24.1%
| 10 19.2%
| 7
8.2%
| 15 11.3%
| 9 21.4%
| 1
3.8%
| 1 10.0%
| 4 30.8%
| 1 20.0%
| 0
0.0%
Over the 4 day period (24 hours per day) a total of 762 vehicles travelled in both
directions along the road equating to 190 vehicles per day (east and west).
It is reasonable to deduce that 190 vehicles per day @ 7 days = 1330 vehicles per
week are likely to travel in both directions on Carnarvon Avenue.
Classifications for local streets consider that typical volumes of 1500-2000 per day
are acceptable and Carnarvon Ave is carrying well below the typical range of traffic
volumes.
The data above confirms that there are isolated incidents of speeding but there is
insufficient evidence to support consistent excessive speeding
An assessment of crash statistics for the period 2010 – 2013 inclusive confirmed
that only 1 crash was reported in 2010, involving a drunk driver crashing into a
parked vehicle.
9
Council also contacted SA Police regarding the concerns raised by resident and was
advised that the Police do conduct enforcement strategies infrequently in the area
and will continue to do so, in the future.
At this time, there is no evidence for Council to conduct any further investigation
into the matter and residents are encouraged to contact SA Police, Traffic Watch
on 131 444 and report incidents or seek assistance with speed enforcement.
COUNCIL MEMBERS’ PERSONAL
INTERESTS
DISCUSSION PAPER
Proposals to Reform the ‘Conflict of Interest’
Provisions
Local Government Act 1999
December 2014
Acknowledgement
The proposals contained in this Discussion Paper are based on the Queensland
Local Government Act 2009 and supporting papers. The Queensland Government
and the Queensland Department of Local Government, Community Recovery and
Resilience in particular, are acknowledged for this reason.
CONTENTS
Page
KEY PROPOSALS FOR CONSULTATION
1
1.
BACKGROUND
4
2.
THE PUBLIC INTEREST
6
3.
THE PROPOSED FRAMEWORK – OVERVIEW
8
4.
MATERIAL PERSONAL INTEREST
11
5.
CONFLICT OF INTEREST
14
KEY PROPOSALS FOR CONSULTATION
Introduction
This Discussion Paper has been prepared by the SA Office of Local Government
and the Local Government Association of SA for the purpose of promoting
discussion and ideas on the reform of the “Conflict of Interest” provisions of the Local
Government Act 1999. The Discussion Paper is based on equivalent provisions in
the Queensland Local Government Act 2009 and comments are sought on whether:
•
The approach contained in the Queensland Act is broadly appropriate for
application in South Australia; and, if so,
•
The provisions should be amended or adapted for South Australian
conditions.
However, the proposals contained in the Discussion Paper do not have the formal
endorsement of the Minister for Local Government or the Local Government
Association of SA.
Consultation on this Discussion Paper will inform the preparation of a Local
Government Act Amendment Bill for the Minister for Local Government in 2015.
Submissions may wish to state whether the proposal is supported in full, not
supported, or supported with amendments.
Proposal 1 - The need for change
Reform of the “Conflict of Interest” provisions of the South Australian Local
Government Act is required because of:
•
Significant difficulties and confusion for council members in interpreting the
current provisions of the Act regarding conflict of interest;
•
Differing legal opinions on the interpretation of this part of the Act,
including a recent District Court judgement;
•
Repeated calls by the SA Ombudsman for the Act to be amended to
improve transparency and greater disclosure of actual and potential
conflicts of interest; and,
•
The fact that the provisions have not been reviewed since 1999, and are
out of step with contemporary public policy, and community expectations
of public integrity.
Proposal 2 - Importance of the “Public Interest”
This Discussion Paper is based on the fundamental principle that council members
must always consider the public interest in any decisions or actions taken in their
role as a council member. The private interests of the member must never prevail
over the public interest.
1
Proposal 3 - Two Categories of “Interest”
The proposed framework distinguishes between two major categories of council
members’ personal interests: “Material Personal Interest” and “Conflict of
Interest”.
3.1
Material Personal interest
This category of personal interest applies to more significant matters which
require the council members to not only disclose the interest, but also to leave
the council meeting room and not participate in debate or vote on the matter.
Material personal interests relate to benefits or losses to the council member
or related person or entity. Failure to disclose a material personal interest
attracts a significant penalty (including a possible term of imprisonment).
3.2
Conflict of Interest
A conflict of interest (that is not a “material personal interest”) is a conflict
between a council member’s personal interests and the public interest that
might lead to a decision that is contrary to the public interest. A conflict of
interest can be a real conflict of interest or a perceived conflict of interest.
Conflicts of interest must be declared and recorded, but do not necessarily
require the council member to leave the meeting and abstain from voting on
the matter.
3.2.1 Real conflict of interest
A real conflict of interest exists when the council member knows that
she or he has a conflict of interest in the matter to be dealt with at the
council meeting.
3.2.2 Perceived conflict of interest
A perceived conflict of interest exists when an impartial, fair minded
person (who knew nothing about the council member’s character or
reputation) could form a reasonable opinion that the council member’s
possible interest in the matter could influence the manner in which he
or she would participate in the debate and/or vote on the matter.
Regardless of the council member’s own views and knowledge, he or
she is still required to consider if an impartial person could form a
reasonable opinion that a conflict could exist.
Proposal 4 - Actions to be Taken by the Council Member
In the case of a material personal interest, the council member must declare the
interest, leave the meeting room and not participate in the meeting for the duration of
that agenda item. The council member has no discretion.
In the case of a conflict of interest (real or perceived), the council member must
disclose the interest, but is not necessarily required to leave the meeting. However,
the council member must provide reasons if they choose to remain in the meeting
and participate in the vote on the item, and these reasons must be recorded in the
minutes of the meeting. Non-participation in the meeting is not the only way the
councillor may appropriately deal with the real or perceived conflict of interest in a
transparent and accountable way.
2
Proposal 5 - Ordinary Business Matters
Council members should be able to fully participate, debate and vote on matters that
are the statutory obligations of councils and form the basis of ongoing council
operations. In the proposed framework, a council member does not have a material
personal interest or a conflict of interest if the topic before the council meeting is an
Ordinary Business Matter for the council. It is proposed that “ordinary business
matters” will be prescribed in the Act and/or Regulations.
Proposal 6 - Other Exclusions
A number of other exclusions for the requirement to declare a material personal
interest of a conflict of interest are proposed and are set out in sections (4) and (5) of
this Discussion Paper. More flexibility is provided for a conflict of interest than for a
material personal interest.
Summary: Comparison with Current SA Provisions
The South Australian legislation has only one category of interests that includes both
material personal interests and real conflicts of interest and only one course of action
for the council member after disclosure, that is, non-participation in that part of the
meeting. This means that there is no explicit requirement in South Australia for
members to disclose “perceived conflicts of interest”.
The key differences in the proposed model compared to the current situation are the
separate categories of ‘personal interest’. The more significant material personal
interests are subject to strict and deliberately inflexible procedures (notably nonparticipation in the meeting) and serious penalties as is currently the case for all
matters in SA. This strict and inflexible approach current applies to almost all
disclosures of interest in SA, that is, a “one size fits all” approach.
The proposed new approach would establish a second category of personal interest
known as conflicts of interest which would still require disclosure and recording but
leave open to the council member a range of options to manage the disclosed
conflict, including participation in the meeting. The final key difference is that the
proposed framework explicitly includes the concept of perceived conflict of interest in
the second category of personal interests.
3
1.
BACKGROUND
In South Australia, the Local Government Act 1999 (the Act) establishes the legal
framework governing the roles, duties and conduct of members of councils. In
particular, Chapter 5, Part 4, Division 3 of the Act, titled Conflict of Interest, is the
principal focus of this Discussion Paper.
While some parts of the Act have been subject to significant reform since 1999, this
part has not. Also, since 1999, the public expectations and scrutiny, of councils
generally, and council members in particular, has grown significantly. The increased
level of scrutiny and investigation of councils and council members by the South
Australian Ombudsman’s office provides tangible evidence of this trend 1. The
introduction of the Independent Commissioner Against Corruption Act 2012 (the
ICAC Act) signalled an even sharper focus on ethical behaviour for public officials,
including council members and council employees.
The Local Government Act 1999 was also amended in 2012 to introduce mandated
Codes of Conduct for council members and employees to be published by the
Minister. Prior to this, councils were required to have Codes of Conduct but the
actual content of the Codes was at the discretion of each council.
The Local Government Association of SA (LGA) has also been active in the
promotion of governance, ethical behaviour and accountability in local government
through, for example:
•
Publication of Guidelines, Model Codes and similar tools to assist council
members and staff in the exercise of their responsibilities;
•
Extensive training and development programs2;
•
Establishment of the Local Government Governance Panel to assist councils
in the management of allegations of breached of codes of conduct.
Against this background, it is appropriate to thoroughly review the Conduct and
Disclosure of Interest provisions of the Act because these should state as clearly as
possible a council member’s principal duty to act in the public interest (see part 2 of
this Discussion Paper).
In addition to the need to review the provisions to make them more accurately reflect
contemporary public policy, there are also practical imperatives driving the
consideration of reforms. These imperatives include:
•
Significant difficulties and confusion for council members in interpreting the
current provisions of the Act regarding Conflict of Interest3;
•
Different legal opinions on the interpretation of this part of the Act;
•
A District Court judgement that provided a particular legal interpretation on
one aspect of the provisions;
1
Refer Ombudsman Annual Reports: http://www.ombudsman.sa.gov.au/publications/annual-reports/
Noting that the amendments to the Act were passed in October in 2014 to make certain training and
development topics mandatory for council members
3
Local Government Act 1999 Section 73, 74 and 75 of the Act
2
4
•
Repeated calls by the SA Ombudsman for the Act to be amended to provide
for “Perceived” Conflicts of Interest;
•
For the most part, the current provisions provide for only one outcome for the
disclosure of a conflict, that is, the council member must leave the council
meeting room and not vote on the matter. It can be argued that this is too
onerous for conflicts that are minor, but which nevertheless should be
disclosed and recorded for the public interest;
•
Confusion about the application of the exclusion clauses in s73(1) of the Act,
regarding interests shared in common with a “… substantial proportion of
ratepayers, electors or residents ...” or other “… substantial class of persons
…”;
•
The current provisions allow unhelpful speculation about possible conflicts of
interest from other council members and members of the public.
5
2.
THE PUBLIC INTEREST
The fundamental role of council members is to serve and represent the interests of
the community in their council area as a whole, rather than those of any particular
section or interest group.
Council decisions are taken by the majority vote of council elected members at
council meetings (including council committee meetings). The collective will and
decision-making of the council is paramount and individual council members’ views
and responsibilities are secondary to the majority view of council.
In particular, council members need to be mindful of serving and representing the
overall public interest when making decisions for the benefit of their communities. In
the event of a conflict between the public and private interests of a council member
and/or their associates or ‘related persons’, the overall public interest must
prevail.
In order to reinforce this fundamental principle of public office, the Local Government
(Governance) Amendment Bill 2014 was passed in the Parliament on 28 October
2014 to enable the Minister for Local Government to make Regulations to stipulate
the declaration to be made by council members pursuant to section 60 of the Act.
The Regulation, made on 20 November 2014, states the required wording of the
declaration:
“I, [insert full name of member of the council], having been elected or
appointed to the office of a member of [insert full name of council], undertake
to faithfully and impartially fulfil the duties of office in the public interest, to
the best of my judgement and abilities and in accordance with the Local
Government Act 1999.” 4
In addition, section 8 of the Act outlines the Principles to be observed by a council.
Some extracts from section 8 pertaining to the primacy of the public interest are
included below:
“A council must act to uphold and promote observance of the following
principles in the performance of its roles and functions—
(a) provide open, responsive and accountable government;
(b) be responsive to the needs, interests and aspirations of individuals and
groups within its community;…
(g) manage its operations and affairs in a manner that emphasises the
importance of service to the community;…
(j) achieve and maintain standards of good public administration;…”
These principles to be observed by councils as the body corporate are also binding
on individual council members.
4
Local Government (General) Regulations 2013: Schedule 1, Form 2
6
In summary, this Discussion Paper is predicated on the acceptance of the
fundamental principle that council members must always consider the public interest
in any decisions or actions taken in their role as a council member. A democratically
elected group of council members, by their nature, tend to have different
backgrounds, experiences and belief systems that will influence the council
members’ contributions to the debates and decisions of the council. Regardless, the
private interests of the member must never prevail over the public interest.
The Register of Interests to be completed by council members as required by
Chapter 5, Part 4, Division 2 of the Act is an important part of the overall framework
to protect the public interest. These registers are kept to enhance the transparency
of councils’ decision making so that the community can have confidence that
decisions are being made in the overall public interest and are not made for the
benefit of individual council members or any related persons.
7
3.
THE PROPOSED FRAMEWORK - OVERVIEW
The proposed framework for the reform of the Conflict of Interest provisions of the
Act aims to distinguish between two major categories of council members’ personal
interests, largely based on the Queensland legislative model. A subtle but important
change of language (see underlined words below) is used to describe the two
categories of interest:
3.1
Material personal Interest
This category of personal interest applies to more significant matters which require
the council members to not only disclose the interest, but also to leave the council
meeting room and not participate in debate or vote on the matter. Material personal
interests relate to benefits or losses to the council member or related person or
entity. See section 4 of this paper for details. Failure to disclose a material personal
interest attracts a significant penalty (including a possible term of imprisonment for a
maximum period of two years).
3.2
Conflict of Interest
This is the generic term used in the Queensland legislation to describe council
members’ interests which require disclosure, but do not necessarily require the
member to leave the room and not participate in debate. A conflict of interest can be
“real” (although obviously not a material personal interest as above) or “perceived”.
See section 5 of this paper for definitions and details. There are significant
disclosure requirements on the member and the council including a requirement for a
record in the Minutes on the member’s reasons and the member’s vote on the item
(if relevant). There are no separate or specific penalties listed for failure to disclose
a conflict of interest in this category. The Queensland legislation also contains this
‘saving clause’:
“To remove any doubt, it is declared that non-participation in the meeting is
not the only way the councillor may appropriately deal with the real or
perceived conflict of interest in a transparent and accountable way.” 5
3.3
Comparison with Current SA Provisions
The South Australian legislation has only one category of interests that includes both
material personal interests and real conflicts of interest (as defined in Queensland)
and only one course of action for the council member after disclosure 6, that is, nonparticipation in that part of the meeting. There is no explicit requirement in South
Australia for members to disclose “perceived conflicts of interest”.
As stated earlier, in the current South Australian scenario, council members who are
uncertain about whether they may have a conflict often exercise caution, disclose a
conflict and leave the room for minor matters. This is reinforced in guidance material
provided to council members and the often used adage “… if in doubt, get out!”
5
6
(Queensland) Local Government Act 2009: section 173(10)
Note: there are some minor exclusions to this general rule: Local Government Act 1999 section 74(4b)
8
In summary the key differences in the proposed framework compared to the current
situation are the separate categorisations of ‘personal interest’. The more significant
material personal interests are subject to the strict and deliberately inflexible
procedures (notably non-participation in the meeting) and serious penalties. This
strict and inflexible approach current applies to almost all disclosures of interest in
SA, that is, a “one size fits all” approach.
The proposed new approach would establish a second category of personal interest
known as conflicts of interest which would still require disclosure and recording but
leave open to the council member a range of options to manage the disclosed
conflict, including participation in the meeting. The disclosure and transparency
requirements for conflicts of interest can be significant because the council member
has to provide reasons if they wish to continue to participate in the meeting and the
voting details must also be recorded in the Minutes. The final key difference is that
the proposed framework explicitly includes the concept of perceived conflict of
interest in the second category of personal interests.
3.4
Ordinary Business Matters Exclusion
Regardless of how it is worded in different legislation, it is clearly the policy intention
that council members should be able to fully participate, debate and vote on matters
that are the statutory obligations of councils and form the basis of ongoing council
operations. The most obvious example of this is the council’s annual cycle of
approving annual budgets and general rates. It must be recognised that a council
member may experience a “loss” as an individual (if they are a ratepayer for the
area) if the council makes a decision that results in the council member being liable
for higher rates. However, it is clearly inappropriate that the council member be
required to disclose an interest in this decision about general rates that impact on all
ratepayers.
In South Australia, the Act deals with this issue in what can be argued is a relatively
clumsy way. The following separate provisions are relevant in this context:
•
Section 73(1) states that the council member does not have an interest if a
benefit or detriment meets the following condition:
“(not being a benefit or detriment that would be enjoyed or suffered in
common with all or a substantial proportion of the ratepayers, electors or
residents of the area or a ward or some other substantial class of persons).”
•
Section 74(4a)(a) relieves a council member from disclosing an interest and
taking any subsequent action in the following circumstances:
“(i) to questions relating to allowances or benefits that a council is empowered
to pay to, or confer on, members, their spouses, domestic partners or
members of their families; or
(ii) to matters of a class exempted by regulation from the provisions of those
subsections; or
(iii) to matters in relation to which the Minister has granted an exemption
from the provisions of those subsections;”
9
In the proposed framework, this issue is dealt with in a much more direct and
unambiguous way. In short, a council member does not have a material personal
interest or a conflict of interest if the topic before the council meeting is an Ordinary
Business Matter for the council 7.
“Ordinary Business Matter” is defined as follows:
“ordinary business matter means—
(a) the remuneration of councillors or members of a local government committee; or
(b) the provision of superannuation entitlements or accident insurance for councillors
or local government employees; or
(c) the terms on which goods, services or facilities are to be offered by the local
government for use or enjoyment of the public in the local government area; or
(d) the making or levying of rates and charges, or the fixing of a cost-recovery fee, by
the local government; or
(e) a planning scheme, or amendment of a planning scheme, for the local
government area; or
(f) a resolution required for the adoption of a budget for the local government; or
(g) a matter that is of interest to a person merely as—
(i) an employee of the State or a government entity; or
(ii) an elector, ratepayer or resident of the local government area; or
(iii) a beneficiary under a policy of accident insurance, public liability or
professional indemnity insurance held, or to be held, by the local government;
or
(iv) a user of goods, services or facilities supplied, or to be supplied, by the
local government (whether under a contract or otherwise) as a member of the
public in common with other members of the public; or
(v) a candidate for election or appointment as a mayor, deputy mayor or
member of a committee of the local government; or
(vi) a member of a non-profit, charitable or religious organisation involving no
personal financial gain or loss to the person.” 8
The definition of “Ordinary Business Decision” would need to be adapted to meet the
requirements of the legislative requirements and other conditions for the South
Australian Local Government sector.
7
8
(Queensland) Local Government Act 2009: sections 172(1)(b) and 173(1)(b)
(Queensland) Local Government Act 2009: Schedule 4: Dictionary pp271-2
10
4.
MATERIAL PERSONAL INTEREST
The proposals in this section of the Discussion Paper are based on section 172 of
the Queensland Local Government Act 1999. The Material Personal Interest
provisions of the Queensland Act resemble the current “Conflict of Interest”
provisions of the South Australian Act 9 and cover the higher threshold matters and
sanctions. Section 5 of this paper discusses the provisions for lower threshold
matters that exist in the Queensland Act.
The Material Personal Interest requirements specifically apply to all council meetings
and council committee meetings, unless the exclusions in 4.2 apply.
4.1
Definition of “Material Personal Interest”
A council member has a material personal interest in the matter if any of the
following persons stands to gain a benefit, or suffer a loss, (either directly or
indirectly) depending on the outcome of the consideration of the matter at the
meeting:
•
the council member;
•
a spouse of the council member;
•
a parent, child or sibling of the council member;
•
a partner of the council member;
•
an employer (other than a government entity) of the council member;
•
an entity (other than a government entity) of which the council member is a
member;
•
another person prescribed under a regulation.
The use of the words “Material” and “Personal” is considered significant to bring
focus to the more serious interests, rather than the more generic term, “conflict of
interest” used in South Australia. While the word “Material” is not defined in the
Queensland legislation, its dictionary meaning 10 provides a clear indication that it
relates to matters of substance, not trivia.
4.2
Exclusions
The Material Personal Interest provisions do not apply in the following
circumstances:
9
•
The matter to be discussed is an ordinary business matter for the council
(see 3.4 above).
•
The council member has no greater personal interest in the matter than that of
other persons in the local government area.
•
The definition that relates to “parents, children or siblings” only applies to a
council member if the council member knows, or ought reasonably to know,
that their parent, child or sibling stands to gain a benefit or suffer a loss.
Sections 73 - 75
“of substantial import or much consequence”: Macquarie Concise Dictionary: Third Edition
10
11
•
4.3
Written approval is provided by the Minister, including any conditions specified
in that approval. 11
What the Council Member Must Do
If a council member has a material personal interest in a matter under 4.1 and the
exclusions under 4.2 do not apply, the council member must:
•
inform the meeting of their material personal interest in the matter; and
•
leave the meeting room (including any area set aside for the public), and stay
out of the meeting room while the matter is being discussed and voted on.
4.4
Penalties
Two penalty thresholds are proposed if a councillor fails to take the necessary action
under section 4.3:
4.5
•
A more severe maximum penalty (significant fine or imprisonment) if the
council member votes on the matter with an intention to gain a benefit, or
avoid a loss, for the councillor or someone else defined in 4.1 above.
•
A less severe fine for any other breach of the section.
Recording Requirements
The following information must be recorded in the minutes of the meeting, and on the
council’s website:
4.6
•
the name of the council member who has the material personal interest, or
possible material personal interest, in a matter;
•
the nature of the material personal interest, or possible material personal
interest, as described by the council member; and
•
whether the councillor took part in the meeting, or was in the chamber
during the meeting, with the written approval of the Minister (refer 4.2
above).
Interpretation of the Word “Matter”
Both the Queensland and current South Australian legislation use the word “matter”
to identify the particular aspect of business that may give rise to a material personal
interest.
A recent judgement in the South Australian District Court found that the word
“matter” was to be interpreted narrowly so that the council member’s benefit or
detriment had to be attached only to the specific item of business at the particular
meeting where the matter was discussed (and not some subsequent action or
resolution of the council related to the “matter”). Please refer to the citation in the
footnote to access the full judgement.
11
The Queensland Act cites possible ground for Ministerial approval being:
• the number of council members caught by the provision might “obstruct the conduct of the
meeting”; and/or
• it appears to the Minister to “be in the interests of the local government area” to grant the approval
12
It is proposed to seek legal advice on whether or not consideration should be given
to amending the Act in the light of this judgement and/or whether the proposed
inclusion of a category of perceived conflict of interest (see section 5) might
adequately deal with the issues raised in the case.
13
5.
CONFLICT OF INTEREST
The second part of the Queensland scheme, also proposed for adaptation to South
Australia, is set out in section 173 of the Queensland Act and is termed “Conflict of
Interest”. The Conflict of Interest requirements specifically apply to all council
meetings and council committee meetings, unless the exclusions in 5.2 apply. In
contrast to Material Personal Interests dealt with in section 4, this category of interest
includes the lower threshold matters.
5.1
Definitions
A conflict of interest is a conflict between a council member’s personal interests
and the public interest that might lead to a decision that is contrary to the public
interest.
A conflict of interest can be a real conflict of interest or a perceived conflict of
interest.
A real conflict of interest exists when the council member knows that she or he has a
conflict of interest in the matter to be dealt with at the council meeting.
A perceived conflict of interest exists when the council member could reasonably be
taken to have a conflict of interest in the manner. Put another way, the council
member is required to consider whether an impartial, fair minded person (who
knew nothing about the council member’s character or reputation) could form a
reasonable opinion that the council member’s possible interest in the matter could
influence the manner in which he or she would participate in the debate and/or vote
on the matter. Note the bolded words in this paragraph regarding perceived conflict
of interest. Regardless of the council member’s own views and knowledge, he or
she is still required to consider if an impartial person could form a reasonable opinion
that a conflict could exist.
Because conflict of interest does not include material personal interests (as this must
be dealt with under the strict rules summarised in section 4), there is no specific
reference to relatives, business partners, employers etc in relation to conflict of
interest. However, these associations would still need to be taken into account by
the council member when determining if they had a real or perceived conflict of
interest in a matter.
5.2
Exclusions
The conflict of interest provisions do not apply in the following circumstances:
•
The matter to be discussed is an ordinary business matter for the council (see
3.4 above);
•
A conflict of interest does not necessarily arise merely because of:
•
an engagement with a community group, sporting club or similar
organisation undertaken by the council member in his or her capacity
as a council member; or
•
membership of a political party; or
14
•
membership of a community group, sporting club or similar
organisation if the council member is not an office holder for the group,
club or organisation; or
•
the councillor’s religious beliefs; or
•
the council member having been a student of a particular school or the
councillor’s involvement with a school as parent of a student at the
school; or
•
A conflict of interest does not arise if the council member has no greater
personal interest in the matter than that of other persons in the local
government area;
•
A council member who is nominated by a council to be a member of a board
of a corporation or other association does not have a personal interest merely
because of the nomination or subsequent appointment as the member.
5.3
What the Council Member Must Do
If a council member has a conflict of interest in a matter under 5.1 and the exclusions
under 5.2 do not apply, the minimum requirements are that the council member must
inform the meeting of:
•
the council member’s personal interest in the matter; and,
•
if the council member participates in the meeting in relation to the matter,
how the council member intends to deal with the real or perceived conflict of
interest. For example, the council member could:
•
make a personal statement; and/or
•
remain in the meeting and vote on the matter; or
•
remain in the meeting but leave before the vote is taken on the matter;
Note: It is also still open to the council member to declare the conflict of interest,
leave the room and not vote on the matter, if the member believes this is the most
appropriate mechanism to manage the conflict.
5.4
Penalties
There are no separate or specific penalties for a breach of this part in the
Queensland legislation.
If this model is adopted in SA, any alleged breach of the conflict of interest provisions
would be considered as an alleged breach of the “general duties” 12 of a council
member and/or an alleged breach of the council members’ code of conduct 13 under
Chapter 5, Part 4, Division 1 of the Act.
Such allegations must be investigated by the Ombudsman 14 who may make
recommendations to the council about appropriate “penalties” 15 for the council
member(s) where allegations are substantiated by the Ombudsman’s investigation.
12
Section 62 of the SA Act
14
Section 263A of the SA Act
15
Section 263B(1) of the SA Act.
13
15
In the more serious cases this can include the laying of a complaint about the council
member in the District Court which could result in penalties including fines,
suspension from office and disqualification 16.
5.5
Recording Requirements
If a council member discloses a real or perceived conflict of interest, the following
information must be recorded in the minutes of the meeting and on the council’s
website:
5.6
•
the name of the council member who has the real or perceived conflict of
interest;
•
the nature of the personal interest, as described by the council member;
•
how the council member dealt with the real or perceived conflict of interest;
•
if the council member voted on the matter, how she or he voted;
•
how the majority of persons who were entitled to vote at the meeting voted on
the matter.
Transparency versus non-participation
As stated in section 3.2 of this Discussion Paper, the proposed model places a
much greater emphasis on the disclosure and recording of real and perceived
conflicts of interest, including the public recording of the council members
management of their interest and the way they voted on the matter. This is
reinforced by the following clause from the Queensland legislation:
“To remove any doubt, it is declared that non-participation in the meeting is
not the only way the councillor may appropriately deal with the real or
perceived conflict of interest in a transparent and accountable way”. 17
16
17
Section 173(10) Queensland Act
16
1
Item No:
14.2
Subject:
GLENELG FORESHORE PLAY SPACE
Date:
24 February 2015
Written By:
Manager Community Development
General Manager:
City Services, Ms R Cooper
SUMMARY
The Glenelg Foreshore Play Space has been designed to create an innovative play experience.
Council has received a grant of $500,000 from the Australian Government Community
Development Grant programme. $780,000 has been allocated in the 2014/15 budget to
complete this project. The design of the Glenelg Foreshore Play Space is presented to Council for
its endorsement so that construction can commence, ensuring that the play space is available to
the community from October 2015.
RECOMMENDATION
1.
That the Glenelg Foreshore Play Space design (as presented in Attachment 1 of
Report No: 40/15) be endorsed.
2.
That Council notes that there may be a need to carry forward the grant funding and
council’s contribution to the 2015/16 financial year to ensure that the project is
completed.
COMMUNITY PLAN
A Place with a Quality Lifestyle
A Place for Every Generation
A Place that Welcomes Visitors
A Place that is Well Planned
COUNCIL POLICY
Not Applicable.
Not Applicable.
2
BACKGROUND
In 2012 Council undertook an Open Space and Public Realm Strategy. A key recommendation of
the strategy was to revitalise the Glenelg Foreshore to include excellent quality and distinctive
open spaces that are well connected and vibrant with diverse activity, event and entertainment
opportunities. The strategy states:
The Glenelg Foreshore Precinct should include excellent quality and distinctive open
spaces and public realm that are well connected and vibrant, with diverse activity, event
and entertainment opportunities. The open space and public realm should provide a
destination for residents, workers and visitors and include unique features and quality
spaces that contribute to the appeal and high profile of the wider Glenelg Precinct. The
main focus of initiatives should be on enhancing the quality, distinctiveness, function and
connection of the open space and public realm within the Glenelg Foreshore Precinct.
The Open Space and Public Realm Strategy was endorsed at Councils meeting held on 26
February 2013, Resolution Number C260213/825.
In 2014 council developed the Glenelg Foreshore Master Plan, which provides a unique
opportunity to redevelop the foreshore, creating new activities, while maintaining the existing
character and context of the area. A council workshop was held on 6 May 2014 with Elected
Members to discuss the vision for the precinct and initial design for the Glenelg Foreshore
Master Plan. The Master Plan was endorsed in July 2014, Resolution Number C220714/1187 and
stated:
“That Council endorses the progression of the conceptual Glenelg Foreshore Master Plan, so that
a detailed design can be bought back to Council for discussion and approval prior to
commencement of Construction on site”
A workshop was held on 10 February 2015 with Elected Members to discuss the play space
design for the Glenelg Foreshore.
REPORT
As discussed at the recent workshop, the playspace is to be located in front of the northern end
of the Glenelg Town Hall. The majority of the playspace will reside in the current building
footprint of the Foreshore Building. The higher elements of the playspace, such as slide and
climbing mounds will be located at the most northern end of the playspace to ensure maximum
views from the ground floor of the Glenelg Town Hall.
As part of this project, new public amenities will be constructed in the existing Glenelg Town
Hall building. These will be located adjacent the existing public amenities within the Beach
House. Administration has worked with heritage advisers to ensure the integrity of the Glenelg
Town Hall. It should be noted that the area where the new amenities will be located is not
included in the heritage status of the Glenelg Town Hall.
3
The City of Holdfast Bay has a good provision of play spaces with thirty spread across the City,
some of these are in high profile locations and others are in neighbourhood locations. The
majority of the play spaces within the city are of a good quality and are well maintained,
however a large proportion of these play spaces cater for very young children and are traditional
in style. There is little variation between the style and setting of the play spaces and creative and
challenging opportunities are limited. Landscaping is not traditionally included in our play spaces
as part of an integrated design.
The Glenelg Foreshore Play Space has been developed by WAX Designs in partnership with
council, based on the community consultation undertaken in March 2014. The main findings
from this consultation were:
• Strong focus on natural shade and trees
• Limited preference to formal landscape design
• Flexible and sculptural seating was preferred
• Generally strong preference for play/ sport/ entertainment
• Strong support for water as an activator (whether water play or water features)
• Strong focus for informal/ natural landscapes
The Playspace has been integrated with the broader reserve through a series of entrance paths
connecting to Mosley Square, the foreshore, Coast Path, the new toilets and the Glenelg Town
Hall. A sense of arrival to the Playspace is created through the central access path and is framed
by series of concrete seating walls, offering a multitude of vantage points for carers and children
to observe play and interaction.
The design offers a gradient of play opportunities for all ages and abilities, transitioning from the
more challenging equipment and mounds located at the northern end, right through to the
sand, water play and climbing area, along with the western landscaped setting of the
trampolines.
The design has been influenced by the Mangroves historically located adjacent the site, which
has inspired the timber log climb and balance experience surrounding the water play. The
nature of Mangroves is reflected in the water pump, water pushes and squirts which all collect
into a central water pond. The elevated water pump located on the timber deck facilitates
access to water play for children with limited mobility. The water play is situated in a large sand
pit, encircled by an avenue of trees to provide natural shade.
A greater challenge of play is created towards the northern end of the playspace, featuring a
series of constructed mounds and a 4.0m wide slide which multiple children can use at one
time. The slide is cooled in summer with water misters, which are operated by the children in
the sand pit below. The ocean, sand, waves and wind have been the inspiration for the design of
the mounds, which vary in height, form and texture. The associated timber platform provides a
look out as well as a climbing frame, with a sheltered cubby beneath leading to a tunnel access
under the slide.
Refer Attachment 1 & 2
4
BUDGET
Under the Australian Government’s Community Development Grant Programme council
received $500,000 towards this project. Council has allocated $780,000 from the 2014/15
budget which includes the design and construction of the playspace and new toilets. A budget
overview is outlined below.
Revenue
Council Contribution
Australian Government Grant
TOTAL
$780,000
$500,000
$1,280,000
Expenses
Playspace Design & Construct
Toilets Design & Construct
TOTAL
$852,000
$428,000
$1,280,000
LIFE CYCLE COSTS
This playspace has the same lifespan (approx. 20 years) of any other playground council installs.
The only difference is that due to its high profile location, which will get more use, the
maintenance budget will need to increase (approx. $8,000) to cover this and will be included in
the 2015/16 maintenance budget.
G L E N E L G
F O R E S H O R E
P L AY S PA C E C O N C E P T P L A N
The Glenelg Foreshore Playspace has been designed to create an innovative play experience that
reflects the aspirations and philosophies being developed by City of Holdfast Bay for play, open space,
and recreation. The project will deliver a district level open space destination, where individuals can
play, socialise and connect to their coastal environment.
The Playspace has been integrated with the broader reserve through a series of entrance paths
connecting to Mosley Square, the foreshore, Coast Path and the proposed toilet and library building
upgrades. A sense of arrival to the Playspace is created through the central access path and is framed
by series of concrete seating walls, offering a multitude of vantage points for carers and children to
observe play and interaction.
The Playspace has been designed to offer a gradient of play opportunities for all ages and abilities,
transitioning from the more challenging equipment and mounds towards the northern end, right through
to the sand, water play and climbing area, along with the western landscaped setting of the trampolines.
The design has been influenced by the Mangroves historically located adjacent the site, which has
inspired the timber log climb and balance experience surrounding the water play. The intertidal nature of
Mangroves is reflected in the water pump, water pushes and squirts which all collect into a central water
pond. The elevated water pump located on the timber deck facilitates access to water play for children
with limited mobility. The water play is situated in a large sand pit, encircled by an avenue of trees to
provide natural shade.
The timber deck and rubber softfall provide all abilities access to the carousel and further along the
main path is a hammock swing, which again provides for all abilities as well as social play experiences.
A greater challenge of play and risk is created towards the northern end of the playspace, featuring
a series of constructed mounds and a giant 4.0m wide slide which multiple children can use at one
time. The slide is cooled in summer with water misters, which are operated by the children in the sand
pit below. The ocean, sand, waves and wind have been the inspiration for the design of the mounds,
which vary in height, form and texture. The associated timber platform provides a look out as well as
a climbing frame, with a sheltered cubby beneath leading to a tunnel access under the slide. The third
set of mounds creates access to a large climbing dome with rope activities beneath. The mound play
is situated between the existing Norfolk Island Pines and a new avenue of trees to the building façade,
to provide additional shade and protection from the elements.
The western side of the playspace has 3 in-ground trampolines encircled by gravel paths and coastal
plantings, with additional shade trees for amenity and explorative play. Along the paths are series of
raised pod seats and sunken pods for quieter play and an opportunity to pause and observe. The
landscaped setting that surrounds this area not only reinforces the coastal context of the site, but
assists in providing protection from the sun and wind and creates separation from the Coast Path and
Foreshore.
8
14
6
2
LEGEND
1
Atlantis Slide with Water Mist
8
Rubber Soft Fall Ramp
15 In-ground Trampolines
22 Water Squirts & Pushes
2
Timber Climbing Wall
9
Climbing Net & Ropes
16 Round-about
23 Rock Water Squirt
3
Tunnel
10 Sunken Concrete Pods
17 Circle of Trees
24 Swing Hammock
9
28
3
5
4
Timber Retaining
11 Entrance Paving
18 Logs, Ropes & Balance
25 Timber Deck
5
Timber Ramp with Rope
12 Concrete/Artificial Turf Pods
19 Water Pump
26 Concrete Seating Wall
6
Timber Handrail
13 Native Planting Bands
20 Water Rill with Dams
27 2.5m wide Pebble Crete Path
7
Turf Ramp
14 Artificial Turf Ramp
21 Water Pond (max. depth 100mm)
28 Avenue of trees
4
1
10
26
12
CONTEXT MAP
LEGEND
Existing Trees
Pebblecrete Path
7
27
Softfall Sand
13
13
New Trees
Softfall Rubber
Exisiting Bench
Existing Paving
Artificial Turf
Exisitng Light
New Paving (future
scope)
Softfall Turf
Relocated Light
Gravel Path
Exisiting Turf
11
18
24
15
20
22
Timber Deck
19
21
10
17
23
12
18
26
26
16
01
10
18
02
13
19
03
15
21
05
09
16
18
24
22
2.5m
1:150@A1
0m
23
26
5m
25
1
Item No:
14.3
Subject:
INFORMATION REPORTS – SOUTHERN REGION WASTE RESOURCE
AUTHORITY – 2 FEBRUARY 2015
Date:
24 February 2015
Written By:
Personal Assistant
General Manager:
SUMMARY
Southern Region Waste Resource Authority (SRWRA) is a regional subsidiary established by the
Cities of Onkaparinga, Marion and Holdfast Bay (the “constituent councils”), pursuant to Section
43 of the Local Government Act, 1999.
Under its charter, SRWRA is responsible for providing and operating waste management
services on behalf of the constituent councils and ensuring that a long term waste management
strategy exists in the southern region of Adelaide.
RECOMMENDATION
That the information report of the Southern Region Waste Resource Authority for its meeting
held 2 February 2015 be received and noted.
COMMUNITY PLAN
COUNCIL POLICY
Not applicable.
Local Government Act 1999
TRIM Reference: B291
2
BACKGROUND
Pursuant to its charter all agendas, reports and minutes remain confidential, unless the Board
resolves that the document is to be available to the public. Presented for the information of
Elected Members is the information which the SRWRA Board has released from its meetings
held on 2 February 2015.
Refer Attachment 1
BUDGET
Not applicable.
LIFE CYCLE COSTS
Not applicable.
TRIM Reference: B291
SUMMARY REPORT
SRWRA BOARD MEETING
2nd February 2015
February Agenda
The February Agenda meeting was held at the SRWRA offices on Monday 2nd February 2015.
Executive Officer Overview
The SRWRA main items of business were new reports and updates of the following policies
which were received and endorsed by the Board:
• Board Performance Review Policy
• Code of Conduct Board Members
• Stakeholder Engagement Policy
• Records Management Policy
• Disposal of Land and Assets Policy
The following abbreviated information reports were received and endorsed by the SRWRA
Board.
*The Board determined that the abbreviated report will be subject of a confidential report
to Constituent Councils.
SRWRA Audit Committee
The SRWRA Board endorsed the reappointment of the three independent Audit Committee
members Vicki Brown, Greg Connor and David Powell, one Board Audit Committee member
Mark Booth and one Board Deputy Audit Committee member Steve Mathewson for a further
term of 12 months expiring at the end of February 2016.
Internal Financial Controls
At the SRWRA Audit Committee meeting in February 2014, Noel Clifford from Edwards
Marshall presented a Better Practice Model – Financial Internal Control for South Australian
Councils. On Noel’s recommendation to have an independent audit performed, and supported by
the Audit Committee, the Executive Officer appointed UHY Haines Norton to perform an
Assessment of SRWRA’s Internal Financial Controls and to report the results back to the audit
committee at the following meeting. The Final Assessment was received in July 2014 and
presented to SRWRA Board on the 4th August 2014 and the Audit Committee on the 19th
August. Subsequently the SRWRA administration team have reviewed and implemented a
number of changes to procedures in order to comply with recommended suggestions as put
forward by UHY Haines Norton. Edwards Marshall subsequently performed an Audit of the
Internal Controls in November 2014 and has provided an Audit Report and Management Letter
for acceptance.
EPA amendments to schedule 1 (activities of environmental significance).
The EPA has been developing amendments to Schedule 1 (activities of environmental
significance) of the Environment Protection Act 1993 (EP Act). The majority of proposed
amendments seek to provide minor updates to the activity and to better reflect modern
terminology and as a clarification for when an environmental authorisation may be required.
The waste and resource recovery amendments centre on identifying the various elements of the
waste and resources industry and clearly describing their role. The amendments have been
assessed as having no regulatory or business impact upon current licensees.
The Executive Officer has assessed the EPA’s draft amendments to schedule 1 and notes only one
point that would be changed in the current SRWRA waste management licence which relates to
Resource Recovery, waste disposal and related activities – This replaces the current clause 3
Waste Treatment and Disposal, and serves to bring the title up to date with current practices and
industry terminology.
The EPA is intending to bring the proposed amendments into operation on 1st January 2016 to
allow sufficient time for consultation and to incorporate any amendments into their administrative
systems. The Executive Officer does not foresee any issues in relation to our current licencing or
any future options for the site development in line with any proposed amendments.
SRWRA Office Development.
The Executive Officer is pleased to report that phase one (1) of the Southern Recycling Centre
planning application (SRC) has been successfully completed by the private certifiers and passed
to City of Onkaparinga planning department for final approval. The final approval is expected
early February meaning the construction phase of the new SRWRA office and car park will start
immediately.
The construction phase of the SRWRA office is expected to take up to 4 months. The Executive
Officer is hopeful that the SRWRA will be starting the new financial year from its new
foundations.
SRC Development/Update.
The Executive Officer is working closely with Paul Bowden from the SRWRA’s joint venture
partners Integrated Waste Services (IWS) to complete the expression of interest (EOI) tender
document for the construction phase of the Southern Recycling Centre (SRC) development. In
previous consultation with the City of Onkaparinga planning department it was agreed that both
the office development and the recycling facility would be tackled in two phases. Phase one (1),
which is the SRWRA office and car park facility is awaiting final approval from City of
Onkaparinga Planning which is expected early February.
Phase two (2) will include the recycling facility as well as the construction/refurbishment of a
new weighbridge facility. The Executive Officer is currently engaging with all parties involved
in the design and engineering phase to identify and manage areas where the Authority is required
to act in accordance with their policy and procedural obligations.
SRWRA Workplace Relations and Employment Law Compliance.
The Executive Officer has identified areas relating to workplace relations and employment law
compliance that require improvement. Under the Fair Work Act 2009 and other regulations,
employers have been left burdened with a confusing set of obligations. Without the benefit of
expert advice, there is a risk of being tied up in lengthy and costly legal processes if the correct
procedures are not followed or are incorrect.
SRWRA is as exposed to these risks as any other business. The increased media interest and ongoing obligations means even the most experienced businesses can be sued if they do not act in
accordance with their procedural obligations.
The Executive Officer has assessed the market place and has engaged Employsure to provide
everything that SRWRA needs to identify, manage and protect the Authority against the
workplace relations risks that they face on a daily basis. Employsure is part of the Peninsula
Group of Companies, who have been providing employment law consultancy services and related
insurance to businesses for almost thirty years.
The comprehensive nature of this service will greatly assist the Executive Officer and the
Authority in all matters relating to workplace relations and employment law compliance. As well
as the above core components the advice received is indemnified with a $2M of insurance cover
with zero excess on claims. This ultimately gives the Authority the ability to reduce the risk of
claims, but in the event one arises, the peace of mind that the associated costs are insured.
OTHER BUSINESS
The City of Onkaparinga has received a written request from Resource Co. to meet with the
SRWRA Board and put forward a presentation/proposition. Following a brief discussion, the
Board members agreed that the Chair should contact Resource Co and invite their representatives
to the next Board meeting.
1
Item No:
14.4
Subject:
SUNSET CAFE – APPLICATION FOR RESTAURANT LIQUOR LICENCE
Date:
24 February 2015
Written By:
Liquor Licensing and Community Safety Officer
General Manager:
City Assets, Mr S Hodge
SUMMARY
In December 2014 a new business known as ‘Sunset Café’ commenced operation at shop 5
Moseley Square Glenelg. The business operator now seeks to obtain a Restaurant Liquor
Licence to operate from the premises.
In accordance with section 34 of the Liquor Licensing Act 1997 (“Act”), a restaurant liquor
licence permits the provision of liquor at any time on any day provided it is accompanied by a
meal supplied by the licensee. However, the licensee only seeks to provide liquor from premises
in accordance with hours outlined in Council’s current Liquor Licensing Policy being Monday to
Thursday 8:00am to 12:00 midnight the same day, Friday and Saturday 8:00am and 1:00am the
following day, Sunday 11:00am and 12:00 midnight the same day.
As part of the application the applicant also seeks a section 34(1)(c) exemption which will allow
the premises to supply liquor to a patron seated at a table without the provision of a meal.
The applicant now seeks Council comment prior to lodging their application with Consumer and
Business Services.
RECOMMENDATION
That Council advises the applicant and Consumer and Business Services that it supports the
granting of a Restaurant Liquor Licence for the premises located at shop 5 Moseley Square
Glenelg subject to the following conditions:
1.
In accordance with section 2.12.1 of Council’s current Liquor Licensing Policy the hours
of liquor service be restricted to:
a.
Monday to Thursday 8:00am to 12:00midnigtht the same day;
b.
Friday and Saturday 8:00am and 1:00am the following day;
c.
Sunday 11:00am and 12:00midnight the same day;
2.
In accordance with section 2.10.1 of Council’s current Outdoor Dining Policy no liquor
is to be supplied on the premises between the hours of 2:00am and 8:00am on any
day;
2
3.
In accordance with section 2.10.2 of Council’s current Outdoor Dining Policy no alcohol
is to be served or permitted in the section 69 approved outdoor dining area between
the hours of 12:00midnight and 8:00am on any day;
4.
That the outdoor dining area capacity is to be restricted to 20 people
5.
That the sought section 34(1)(c) exemption reflect the above hours.
COMMUNITY PLAN
A Place that is Safe and Secure
A Place to do Business
A Place that Welcomes Visitors
COUNCIL POLICY
Liquor Licensing Policy (2011), [s 2.12.1]
Outdoor Dining Policy (2014), [s 2.10.1]-[s 2.10.2]
Liquor Licensing Act 1997, [s 34] & [s 105]
Liquor Licensing (General) Regulations 1997
Development Act 1993
BACKGROUND
Previous Relevant Reports
No previous reports have been submitted to Council regarding the applicant, or matters relating
to liquor licensing.
In 2012 however Council received an application for a Restaurant Licence for the same premises
by a different applicant (P2S (SA) Pty Ltd), for a proposed premises known as Pasta Inc.
Report No.: 308/12 was submitted for Council resolution 28 August 2012 where Council
supported the application (Resolution No.: 280812/6030). At its meeting held 25 September
2012, Council received a subsequent ‘Item in Brief’ (Report No.: 357/12; Item No.: 14.1.3)
advising that the applicant had withdrawn their application and lease bid.
REPORT
In December 2014 ‘Sunset Café’ commenced operation at shop 5 Moseley Square Glenelg.
Refer Attachment 1
3
The business operator applied and obtained an outdoor dining permit from Council and now
seeks to obtain a Restaurant Liquor Licence from Consumer and Business Services to operate
from the premises.
As part of the application the applicant also seeks a section 34(1)(c) exemption which will allow
the premises to supply liquor to a patron seated at a table without the provision of a meal.
Restaurant Licence and ETA – Hours of Trade
As per section 34 of the Act a restaurant licence allows the licensee to serve/supply liquor at any
time on any day ancillary to the provision of a meal supplied by the licensee.
In accordance with section 2.12.1 of Council’s current Liquor Licensing Policy, it is recommended
that the hours of liquor service for all internal areas be limited to:
a.
b.
c.
Monday to Thursday 8:00am to 12:00midnigtht the same day;
Friday and Saturday 8:00am and 1:00am the following day;
Sunday 11:00am and 12:00midnight the same day;
Section 69 Approval – Outdoor Dining
In accordance with section 2.10.2 of Council’s Outdoor Dining Policy (2014), it is recommended
that all liquor service in the outdoor dining area (approved under section 69 of the Act) cease no
late than 12:00midnight on any day.
Council will monitor the operation of the licensees use of outdoor area(s) and under section 2.5
of Council’s Outdoor Dining Policy (2014) and associated permit conditions, the Administration
reserves the right to cancel, suspend or revoke an Outdoor Dining Permit, amend its operating
hours, and/or further restrict its conditions if nuisances, health or public safety issues/concerns
emerge as a consequence of persons utilising the respective Permit Area.
Section 34 (1) (c) Exemption
The applicant has applied for a section 34(1)(c) exemption which will allow them to provide
liquor to patrons seated at a table without the service of food. Due to the nature of the business
it is recommended that the sought exemption reflect the above proposed hours (which are in
line with Council’s current Liquor Licensing Policy), in lieu of the standard 5:00am and
12:00midnight exemption generally imposed by Consumer and Business Services.
BUDGET
An annual budget allocation is provided to the Regulatory Services Unit to deal with matters
concerning Liquor Licence proposals. This budget involves engaging the use of legal advisers, if
and when required.
4
LIFE CYCLE COSTS
At this stage, there are no additional costs to Council associated with that contained within this
report. Costs may occur at a later stage should Council wish to challenge any liquor licensing
related matters in the Commission which may require the assistance of legal advisors.
Map Scale: 1:1,450
SUNSET CAFÉ – APPLICATION FOR RESTAURANT LICENCE
Created by user
Thursday, 12 February
2015
5 MOSELEY SQUARE - SUNSET CAFÉ
S 69 APPROVED AREA –
OUTDOOR DINING AREA
About this Document
Disclaimer
This map has been created for the purpose of showing basic locality
information and is a representation of the data currently held by The City of
Holdfast Bay. This information is provided for private use only.
While every effort has been made to ensure the accuracy of the
product, Council accepts no responsibility for any errors or omissions.
Property boundary line network data is supplied by State Government.
1
Item No:
14.5
Subject:
MONTHLY FINANCIAL REPORT – JANUARY 2015
Date:
24 February 2015
Written By:
Accountant
General Manager:
SUMMARY
Attached are financial reports as at 31 January 2015. They comprise a Funds Statement and a
Capital Expenditure Report for Council’s municipal activities and Alwyndor Aged Care. They
include the mid-year budget adjustments adopted by Council on 10 February 2015 as detailed in
report 25/15.
The mid-year report identified that for municipal funds the major operational variance to the
original budget is the lower forecast income from the Caravan Park. This is due to lower levels of
bookings as a result of the delay in development approval for new cabins. Other major offsetting
variances included the delayed timing of the additional Roads to Recovery grant funds offset by
the transfer of the operational boat lock renewal budget to the overall barrage gates, lock and
walkway capital renewal project. The major capital variances to the original budget are the
timing of proposed expenditure on the Caravan Park cabin upgrades, Seacliff Community and
Sporting Precinct and Coast Park projects in 2014/15. The timing of Council funded expenditure
on the Seacliff Community and Sporting Precinct and Coast Park projects is directly linked to the
timing of grant funds.
For Alwyndor funds the major operational variance to the original budget refers to additional
building maintenance and security, combined with additional forecast depreciation on the new
facilities. The capital variance refers to the completion of Stage 3 of the building redevelopment
which had been previously approved by Council in June 2014.
RECOMMENDATION
That Council receives the financial reports for the 7 months to 31 January 2015 and notes that
there has been no change to the forecast for 2014/15:.
Municipal Activities
•
a projected operating deficit for 2014/15 of $833,729
•
a projected capital expenditure for 2014/15 of $18.671 million
•
2
a projected funding requirement for 2014/15 of $6.729 million
Alwyndor Aged Care
•
a projected operating surplus for 2014/15 of $170,059
•
a projected capital expenditure for 2014/15 of $2.044 million
•
a projected funding requirement for 2014/15 of $835,797
COMMUNITY PLAN
COUNCIL POLICY
Not applicable
Not applicable
BACKGROUND
Council receives financial reports each month comprising a Funds Statement and Capital
Expenditure Report for each of Council‘s municipal activities and Alwyndor Aged Care.
The Funds Statements include an income statement and provide a link between the Operating
Surplus/Deficit with the overall source and application of funds including impact on cash and
borrowings.
REPORT
Funds Statements and Capital Expenditure Reports for Council’s municipal activities and
Alwyndor Aged Care for the current financial year to 31 January 2015 are provided at
Attachment 1.
Refer Attachment 1
Municipal Activities
At this point in time there is no reason to amend the current forecast considered by Council at
its last meeting on 10 February 2015, although the following items are likely to affect the
forecast:
•
•
•
•
3
The cost to Council for the November 2014 Local Government elections have been
finalised and are $60,000 less than what is included in the current forecast.
Council received a State Government of $180,000 to fund the design of the coast park
along the Minda precinct.
Council had budgeted to receive a stormwater management plan grant of $120,000,
however final funding received was only $100,000.
The budgeted Federal Government subsidy of $23,000 for a recreational officer will now
be received in the following year 2015-16.
The capital works program expenditure is progressing on track in accordance with the details
and schedule provided to Council on 9 December (report 476/14). As per the mid-year budget
review (report 25/15) the Seacliff Community and Sporting Precinct project expenditure has
been delayed due to geotechnical challenges. Coast Park grant expenditure has been delayed
awaiting confirmation of grant funding. The Caravan Park re-development is expected to
commence soon as the contract has recently been let.
A comprehensive summary of variances between the original budget and current forecast is
contained in Attachment 2.
Refer Attachment 2
At 31 January 2015, Council (excluding Alwyndor) had net financial liabilities of ($187,172),
comprising:
Total Liabilities – Municipal Funds
Borrowings
$14.038m
Trade and Other Payables
$.893m
Employee leave provisions
$2.708m
Other
$0.066m
Total Liabilities
$17.705m
Less Financial Assets – Municipal Funds
Cash and Cash Investments
Trade and Other Receivables (includes rates
receivable $11.08m)
Amounts owing by sporting groups
$1.976m
$13.503m
$2.414m
Total Financial Assets
$17.893m
Net Financial Liabilities @ 31 January 2015
($0.188m)
4
Forecast net financial liabilities at 30 June 2015 for Council (excluding Alwyndor) is $20.932
million, equating to a net financial liabilities ratio of 52%. The major explanations for the
variance between current actual and budgeted forecast at 30 June 2015 is that the March and
June rate instalments are yet to be paid and no new approved borrowings have been arranged
as at 31 January 2015.
Alwyndor Aged Care
At 31 January 2015, Alwyndor has $10.6 million cash on hand including investments. $3 million
of the investment reserve is quarantined to meet accommodation bond liabilities as they fall
due. This is a requirement as per the Alwyndor Aged Care Accommodation Bonds and
Refundable Accommodation Deposit Governance Standard. The remaining current balance of
$7.6 million is available for use on capital redevelopment initiatives as legislated under the Aged
Care Act (Prudential Use of Accommodation Deposits).
As at 31 January there are no changes to the Alwyndor budget forecast as approved by Council
on 10 February 2015.
Attachment 1
Funds Statement as at 31 January 2015
Original
Budget
$,000
Revised
Forecast
$,000
Actual
YTD
$,000
31,225
2,143
3,443
3,080
140
461
0
528
123
41,143
Rates General
Statutory Charges
User Charges
Operating Grants and Subsidies
Investment Income
Reimbursements
Gain on Disposal of Non-Current Assets
Other Income
Share of Profit-Joint Ventures
Operating Revenue
31,260
2,108
2,956
2,999
135
613
83
684
123
40,961
31,234
1,350
1,728
2,298
66
549
83
338
15
37,661
12,279
3,929
9,096
2,902
726
7,609
0
5,109
(510)
41,139
Salaries
Wages
Contractual Services
Materials
Finance Charges
Depreciation
Loss on Disposal of Non-Current Assets
Other Expenditure
Less full cost attribution - % admin costs capitalised
Less Operating Expenditure
12,163
3,959
9,527
2,964
744
7,760
27
5,161
(510)
41,795
6,784
2,454
5,160
1,468
301
3,906
27
3,011
0
23,110
(834)
14,552
256
(56)
7,760
7,960
7,126
(31)
(56)
3,906
3,819
18,371
2,633
2,089
4,721
1,111
365
1,476
7,911
10,760
18,671
2,401
3,415
5,817
94
94
14
14
(6,729)
14,043
0
(2,320)
(6,096)
1,687
(6,729)
(667)
13,881
0
829
14,043
4 =Operating Surplus/(Deficit)
256
0
7,609
7,865
7,869
Provisions
Net gain/loss on disposal of assets
Depreciation
Plus Non Cash Items in Operating Surplus/(Deficit)
=Funds Generated from Operating Activities
7,000 Amounts Received for New/Upgraded Assets
448 Proceeds from Disposal of Assets
7,448 Plus Funds Sourced from Capital Activities
6,599 Capital Expenditure on Renewal and Replacement
9,374 Capital Expenditure on New and Upgraded Assets
15,973 Less Total Capital Expenditure
94 Plus:Repayments of loan principal by sporting groups
94 Plus/(less) funds provided (used) by Investing Activities
(563) = FUNDING SURPLUS/(REQUIREMENT)
0
0
(2,250)
1,687
(563)
Funded by
Increase/(Decrease) in Cash & Cash Equivalents
Non Cash Changes in Net Current Assets
Less: Proceeds from new borrowings
Plus: Principal repayments of borrowings
=Funding Application/(Source)
Attachment 1
Capital Summary by Budget Item to January 2015
Original
Budget
$,000
510
113
157
0
95
19
0
1,568
798
141
365
249
44
715
80
7,374
90
1,509
25
2,122
0
City Assets salaries applied to capital projects
Information Technology
Brighton Library
Home and Community Care
Business & Visitor Marketing Administration
Depot and Stores
Environment and Engineering Admin
Machinery Operating
Road Construction and Re-seal Program
Car Park Construction
Footpath Program
Stormwater Drainage Program
Traffic Control Construction Program
Kerb and Water Table Construction Program
Other Transport - Bus Shelters etc.
Reserve Improvements Program
Environmental Capital Projects
Land, Buildings and Infrastructure Program
Streetscape Program
Foreshore Improvements Program
Caravan Park - General
15,973 Total
Revised
Forecast
$,000
Actual
YTD
$,000
510
166
157
30
95
35
0
1,818
1,183
141
358
255
357
874
80
4,930
104
1,984
25
2,838
2,730
0
123
37
0
16
4
1
1,067
247
3
34
4
194
370
0
954
14
270
12
2,078
389
18,671
5,817
Alwyndor Aged Care
Funds Statement as at 31 January 2015
Original
Budget
$,000
Revised
Forecast
$,000
Actual
YTD
$,000
2,872
11,318
388
5
1
393
14,977
User Charges
Operating Grants and Subsidies
Investment Income
Reimbursements
Other Income
Alwyndor Donations and Contributions
Operating Revenue
3,119
11,525
303
5
1
393
15,345
1,947
6,434
159
2
0
267
8,809
11,031
1,475
876
80
621
416
14,499
Salaries
Contractual Services
Materials
Finance Charges
Depreciation
Other Expenditure
Less Operating Expenditure
11,462
1,560
875
70
818
390
15,175
6,532
995
462
34
0
254
8,276
477 =Operating Surplus/(Deficit)
170
532
818
220
1,038
1,208
0
0
0
532
0
0
18
18
317 Capital Expenditure on Renewal and Replacement
1,532 Capital Expenditure on New and Upgraded Assets
1,849 Less Total Capital Expenditure
317
1,727
2,044
0
1,705
1,705
(531) = FUNDING REQUIREMENT
(836)
(1,154)
Funded by
(531) Increase/(Decrease) in Cash & Cash Equivalents
0 Non Cash Changes in Net Current Assets
(531) =Funding Source
(836)
0
(836)
437
(1,592)
(1,154)
621
220
841
1,318
Depreciation
Provisions
Plus Non Cash Items in Operating Surplus/(Deficit)
=Funds Generated from Operating Activities
0 Proceeds from Disposal of Assets
0 Plus Funds Sourced from Capital Activities
Alwyndor Aged Care
Capital Summary by Budget Item to January 2015
Original
Budget
$,000
Revised
Forecast
$,000
YTD
Actuals
$,000
1,532 Hostels
95 Nursing Home
223 Hospitality Services
1,727
95
223
1,472
104
130
1,849 Total
2,044
1,705
$'000
4
(12)
(240)
7
120
52
(69)
45
38
33
21
(22)
(28)
(36)
(40)
(40)
(45)
(45)
(151)
(6)
(345)
(526)
(273)
(40)
(25)
(25)
(20)
(6)
11
30
41
48
240
(890)
CITY OF HOLDFAST BAY - MUNICIPAL FUNDS
2014/15 OPERATING BUDGET ADJUSTMENT SUMMARY
Comments
ORIGINAL OPERATING BUDGET RESULT
Total Operating Surplus
OPERATIONAL BUDGETS CARRIED FORWARD FROM 2013/14
NRM Conservation and Education Project - expenditure
Patawalonga boat lock maintenance and dewatering
NRM Conservation and Education Project - grant income
Stormwater Management Plan Income
Open space developer contribution income
Sub-Total Cumulative Result - Surplus/(Deficit)
OPERATIONAL BUDGETS ADJUSTED UPDATE 30 SEPTEMBER
Workers compensation rebate - increased rebate
Winter wonderland event - revised income
Rate rebates saving
NRM Coast Estuary & Marine Officer increased subsidy
Resilient South Project - Officer funding (Cncl Res C260814/1225)
Financial Assistance Grant - reduced Federal Government funding
Elected Members Allowances- increase as granted by tribunal
Reduced on-street parking income
Tour Down Under Sponsorship (Cncl Res C270514/1126)
Vehicle insurance premiums higher expenditure
Emergency Services Levy - increased State Govt Levy
Additional infrastructure depreciation
Variety of minor items each <$10,000
Sub-Total Cumulative Result - Surplus/(Deficit)
OPERATIONAL BUDGETS ADJUSTED MID-YEAR REVIEW
Reduced Brighton Caravan Park income
Roads to Recovery grant reduced due to timing of funding
Workers Compensation premium increase
Additional Microsoft licences
Reduced reimbursements for employee training subsidies
Additional interest on Cash Advance Debentures
Bike Lanes - Operational funding transfer (Cncl Res C141014/1268)
Community Services (HACC/Lifelinks) transfer to Capital
Waste management savings
Increased lease income
Boat lock dewatering and renewal transferred to capital project
Total Cumulative Result - Surplus/(Deficit)
$'000
15,973
6
27
16
559
365
40
6
179
153
178
1,040
20
220
3
32
56
138
471
2,730
22,212
4
101
22,317
(3,740)
(425)
575
13
8
115
20
40
30
30
20
(10)
(20)
(309)
6
18,670
CITY OF HOLDFAST BAY - MUNICIPAL FUNDS
2014/15 CAPITAL BUDGET ADJUSTMENT SUMMARY - EXPENDITURE
Comments
ORIGINAL CAPITAL EXPENDITURE BUDGET
CAPITAL PROJECTS CARRIED FORWARD FROM 2013/14
Asset Management System
Electronic Timesheets Software
Depot Plant and Equipment - minor items
Major Plant and Vehicles
Road Reseal Program
Road Condition Assessment
Kauri Pde Drainage Works
Traffic Control Program
Kerbing Program
Reserve Improvements Program
Kauri Parade Redevelopment
Environmental Projects
Partridge House
Brighton Jetty Road Classic Sculpture
CCTV Stage 2 - Jetty Road/Glenelg Precinct
Patawalonga Lock - Capital renewal
Other Building/Infrastructure Projects
Foreshore Improvements includIng barrage gates walkway
Caravan Park Upgrade
Sub-Total Cumulative Capital Expenditure
CAPITAL PROJECTS ADJUSTED BUDGET UPDATE 30 SEPTEMBER
Water Saving Devices
Rail corridor revitalisation - grant funded
Sub-Total Cumulative Capital Expenditure
CAPITAL PROJECTS ADJUSTED MID-YEAR BUDGET REVIEW
Seacliff Community and Sporting Precinct project timing - reduced 2014/15 exp.
Coast Park project timing - reduced 2014/15 expenditure (subject to funding approval)
Barrage gates, boat lock and walkway project final costs - $240,000 funded from operational
budgets
Glenelg Town Hall commercial tenancy building refit
Stage 2 CCTV - Jetty Road Glenelg precinct additional final costs
Bike Lanes - King George Ave and Anzac Highway (Council Resolution C141014/1268)
Traffic control works - expenditure (grant funded)
Green Rooms expenditure (grant funded)
Tarniwarra Reserve playground carried forward 2013-14 project
Community Services (HACC/Lifelinks) relocation project
Asset Management project variation
Irrigation bores project saving
King George Ave resurface saving
Major plant and executive vehicles reduced expenditure
Net increase in completed capital works
Total Cumulative Capital Expenditure
$'000
7,448
200
94
2,000
300
10,042
101
10,143
(5,000)
(420)
(138)
76
20
40
4,721
2014/15 CAPITAL BUDGET ADJUSTMENT SUMMARY - INCOME
Comments
ORIGINAL CAPITAL INCOME BUDGET
CAPITAL FUNDING CARRIED FORWARD FROM 2013/14
Sales Major Plant and Vehicles
Traffic Control Program Grant Income
McFarlane Street Property Sale
Barrage Gates Walkway - Grant
Sub-Total Cumulative Capital Income
CAPITAL INCOME ADJUSTED BUDGET UPDATE 30 SEPTEMBER
Grant for revitalisation of rail corridor
Sub-Total Cumulative Capital Income
CAPITAL INCOME ADJUSTED MID-YEAR BUDGET REVIEW
Seacliff Community and Sporting Precinct Federal Govt. project funding will be received from
2015-16 onwards
Property sale Lot 48 McFarlane St. Council approved sale price less than original budget
estimate (Council Resolution C120814/1213)
Major plant and executive vehicles reduced sale income
Bike Lanes - King George Ave and Anzac Highway - Grant Funding (Council Resolution
C141014/1268)
Traffic control works - grant funded
Green Rooms Grant
Total Cumulative Capital Income
$'000
477
247
207
(197)
(85)
(431)
(85)
10
27
170
CITY OF HOLDFAST BAY - ALWYNDOR AGED CARE COMPLEX
2014/15 OPERATING BUDGET ADJUSTMENT SUMMARY
Comments
ORIGINAL OPERATING BUDGET RESULT
Total Operating Surplus
OPERATIONAL BUDGETS ADJUSTED MID-YEAR REVIEW
Increase in Means Tested Care Fees determined by Department of Social Services
Increase in ACFI (Aged Care Funding Instrument). This is determined by care needs for
residents.
Increase in provision for depreciation on new buildings and equipment
Investment income reduction
Increase in Residential wages due to increae in in ACFI and Means Tested Care Fees.
Additional building maintenance and security costs
Interest expense savings
Total Cumulative Operating Result - Surplus/(Deficit)
2014/15 CAPITAL BUDGET ADJUSTMENT SUMMARY - EXPENDITURE
$'000
Comments
1,849 ORIGINAL CAPITAL EXPENDITURE BUDGET
CAPITAL PROJECTS ADJUSTED MID-YEAR BUDGET REVIEW
Stage 3 Alandale Unit redevelopment additional approved funding (Council Resolution
129 C240614/1156)
66 Additional final costs Alandale Unit Redevelopment
2,044 Total Cumulative Capital Expenditure

Council Agenda NOTICE OF MEETING

Transcription

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