Notice of Council & Committee Meetings NOTICE IS HEREBY GIVEN in accordance with Sections 83, 84, 87 and 88 of the Local Government Act 1999, that a meeting of the COUNCIL and • Urban Services Standing Committee • Governance Standing Committee of the CITY OF WEST TORRENS will be held in the Council Chambers, Civic Centre 165 Sir Donald Bradman Drive, Hilton on TUESDAY, 7 OCTOBER 2014 at 7.30 PM Declan Moore Chief Executive Officer (Acting) City of West Torrens Disclaimer Please note that the contents of these Council and Committee Agendas have yet to be considered by Council and officer recommendations may be altered or changed by the Council in the process of making the formal Council decision. This meeting and the reports considered herein are subject to the provisions of Section 91A of the Local Government (Elections) Act 1999 and Council’s Election Period Caretaker Policy. The Act prevents councils making designated decisions during the caretaker period. The caretaker period commences 16 September 2014 at midday and continues to the conclusion of the election. COUNCIL MEETING 7 October 2014 INDEX 1. MEETING OPENED...................................................................................................... 1 1.1 Evacuation Procedure ....................................................................................... 1 2. PRESENT ..................................................................................................................... 1 3. APOLOGIES................................................................................................................. 1 4. DISCLOSURE STATEMENTS...................................................................................... 1 5. CONFIRMATION OF MINUTES ................................................................................... 1 6. MAYOR'S REPORT...................................................................................................... 1 7. ELECTED MEMBER REPORTS .................................................................................. 3 8. PETITIONS ................................................................................................................... 3 9. DEPUTATIONS ............................................................................................................ 3 10. ADJOURN INTO STANDING COMMITTEES ............................................................... 3 11. ADOPTION OF STANDING COMMITTEE RECOMMENDATIONS .............................. 3 11.1 URBAN SERVICES COMMITTEE ....................................................................... 3 11.2 GOVERNANCE COMMITTEE ............................................................................. 3 12. ADOPTION OF GENERAL COMMITTEE RECOMMENDATIONS ............................... 3 12.1 CIVIC COMMITTEE ............................................................................................. 3 13. QUESTIONS WITH NOTICE ........................................................................................ 3 13.1 Policy, Planning and Performance Committee Membership........................... 3 14. QUESTIONS WITHOUT NOTICE ................................................................................. 4 15. MOTIONS WITH NOTICE ............................................................................................. 4 15.1 Community Garden - James Melrose Road...................................................... 4 15.2 Adelaide Airport Traffic Management ............................................................... 4 15.3 Use of Council Facilities .................................................................................... 4 16. MOTIONS WITHOUT NOTICE ..................................................................................... 4 17. REPORTS OF THE CHIEF EXECUTIVE OFFICER...................................................... 4 18. LOCAL GOVERNMENT BUSINESS ............................................................................ 5 18.1 Local Government Circulars ............................................................................. 5 19. MEMBERS' BOOKSHELF.......................................................................................... 11 20. CORRESPONDENCE ................................................................................................ 11 20.1 Commonwealth Financial Assistance Grants 2014-2015 .............................. 11 20.2 Roads to Recovery Funding Allocation ........................................................... 11 20.3 Adelaide Shores Development Plan Amendment .......................................... 11 20.4 Launch of South Australia's Vision for Economic Transformation .............. 11 20.5 Reece Jennings Bikeway Upgrade ................................................................. 12 20.6 Underdale and Torrensville DPA - Statement of Intent ................................. 12 20.7 Legislative Support for the Reimbursement of Veterinary Expenses .......... 12 20.8 Removal of Vegetation on Richmond Road outside of the State Bus Depot12 COUNCIL MEETING 7 October 2014 20.9 Joy Baluch Award - Update ............................................................................. 12 20.10 Adelaide and Mount Lofty Ranges Natural Resources Management Board Minutes ............................................................................................................. 13 20.11 Western Region Waste Management Authority Minutes .............................. 13 21. CONFIDENTIAL ......................................................................................................... 46 22. MEETING CLOSE ...................................................................................................... 46 COUNCIL MEETING 7 October 2014 1. MEETING OPENED 1.1 Evacuation Procedure 2. PRESENT 3. APOLOGIES Page 1 Council Members: Cr Frances 4. DISCLOSURE STATEMENTS The following information should be considered by Elected Members prior to a meeting: 1. Consider Section 73 of the Local Government Act and determine whether they have a conflict of interest in any matter to be considered in this Agenda; and 2. Disclose these interests in accordance with the requirements of Sections 74 and 75 of the Local Government Act 1999. The following disclosures of interest have been made in relation to: Item 5. Elected Member CONFIRMATION OF MINUTES RECOMMENDATION That the Minutes of the meeting of Council held on 16 September 2014 be confirmed as a true and correct record. 6. MAYOR'S REPORT (Preliminary report as of Thursday night 2 October 2014 for the agenda to be distributed Friday, 3 October 2014) In the three weeks since the last Council Meeting of 16 September 2014 functions and meetings involving the Mayor have included: Wednesday 17 September 7.00pm Attended as patron the SAAFL Division 1 and Division 2 Medal Count Dinner at the Greyhound Racing SA Function Room, Angle Park. Thursday 18 September 10.30am Participated in a St Martin’s morning tea with visitors Senator Penny Wong and Shadow Parliamentary Secretary for Aged Care Senator Helen Polley. 4.00pm Meeting to discuss Recruitment Process for the appointment of Audit and Risk Committee Members. COUNCIL MEETING 7 October 2014 Page 2 Friday 19 September 8.00am Participated in West Adelaide Consultative Group meeting at Adelaide Airport. 11.00am Wreath laying ceremony as part of Malaya & Borneo Veterans Day 2014 service in the West Torrens Memorial Gardens. Saturday 20 September 12 noon As patron, attended the Novar Gardens Bowling Club season opening. 3.30pm Attended the SAAFL Division 1 Grand Final at Adelaide Airport Stadium. Tuesday 23 September 2.30pm Met with President Justin Smith and committee member Tony Spruzan of Novar Gardens Bowling Club re financial support from Council for shadecloth. 6.00pm Attended Civic Committee meeting. Thursday 25 September 10.00am Opened the City of West Torrens Road Safety Group’s Mock Crash Demonstration at Adelaide Airport Stadium (Thebarton Oval) and then at Thebarton Senior College presented certificates of appreciation to major contributors to the day.. Sunday 28 September 9.00am Joined Holdfast Bay Mayor Ken Rollond to start the Bay to Birdwood Run for veteran and vintage vehicles manufactured up to and including 1955. Tuesday 30 September 10.30am Participated in the Future of the Public Library Network Visioning Workshop in the George Robertson Room. Wednesday 1 October 10.00am Attended the opening by the Premier and Science Minister Gago of the BioSA Thebarton Technical Hub extensions in Dalgleish Street, Thebarton. 6.00pm Attended Camden Community Centre AGM. Thursday 2 October 9.10am Regular Coast FM Radio interview with Tommy Kaye in lieu of Dave Hearn. 6.00pm West Torrens Road Safety Committee meeting. In addition, after the compilation of this report on Thursday as part of the distributed Agenda, but before next Tuesday's Council meeting, I also expect to have attended or participated in the following: Friday 3 October 6.30pm Attending the official opening of the 2014 Adelaide Hellenic Cultural Festival, "Odyssey" at Olympic Hall, Franklin Street. 7.00pm With Mrs Rosemary Trainer and CEO Terry Buss attending the "Thank You" Dinner for the volunteers. Tuesday 7 October 7.00pm Council Meeting. RECOMMENDATION That the Mayor's Report be noted. COUNCIL MEETING 7 October 2014 7. ELECTED MEMBER REPORTS 8. PETITIONS Page 3 Nil 9. DEPUTATIONS Nil 10. ADJOURN INTO STANDING COMMITTEES RECOMMENDATION That the meeting be adjourned, move into Standing Committees and reconvene at the conclusion of the Governance Standing Committee. 11. ADOPTION OF STANDING COMMITTEE RECOMMENDATIONS 11.1 URBAN SERVICES COMMITTEE RECOMMENDATION That the recommendations of the Urban Services Standing Committee held on 7 October 2014 be adopted. 11.2 GOVERNANCE COMMITTEE RECOMMENDATION That the recommendations of the Governance Standing Committee held on 7 October 2014 be adopted. 12. ADOPTION OF GENERAL COMMITTEE RECOMMENDATIONS 12.1 CIVIC COMMITTEE RECOMMENDATION That the Minutes of the Civic General Committee dated 23 September 2014, attached, be noted and the recommendations be adopted. 13. QUESTIONS WITH NOTICE 13.1 Policy, Planning and Performance Committee Membership Cr Mangos has given notice of his intention to ask the following question: Is Councillor Demetriou on the Planning and Policy committee? Answer Yes. COUNCIL MEETING 7 October 2014 14. QUESTIONS WITHOUT NOTICE 15. MOTIONS WITH NOTICE Page 4 15.1 Community Garden - James Melrose Road At the meeting of Council on 16 September 2014 Cr Mangos moved the following motion which the Presiding Member ruled would be deferred to the meeting of Council on 7 October 2014. That Council approaches Adelaide Airport Limited to negotiate the annual lease of some of its land adjacent to James Melrose Road, for Council to develop as a Community Garden for a peppercorn rent, with the lease to accommodate annual lease extensions. 15.2 Adelaide Airport Traffic Management Cr Mangos has indicated his intention to move the following motion. That the Mayor or CEO at the next AA consultative committee meeting, request the formation of a joint working party comprising of State, local, federal government representatives together with AAL, to work through envisaged future traffic impact on the adjoining road networks, as identified and highlighted in the current airport Masterplan 2014. 15.3 Use of Council Facilities Cr Mangos has indicated his intention to move the following motion. That the Administration ensure that it does not permit, or facilitate, any further breaches of Council's firm policy with respect to the use of Council facilities. 16. MOTIONS WITHOUT NOTICE 17. REPORTS OF THE CHIEF EXECUTIVE OFFICER Nil COUNCIL MEETING 7 October 2014 18. Page 5 LOCAL GOVERNMENT BUSINESS 18.1 Local Government Circulars Brief This report provides a detailed listing of current items under review by the Local Government Association. RECOMMENDATION It is recommended to Council that the Local Government Circulars report be received. Discussion The Local Government Association (LGA) distributes a weekly briefing on a range of matters affecting the general functions, administration and operations of councils through a 'General Circular'. The indices attached for Members' information in this report are numbers 38, 39 and 40. Should Members require further information, they may contact the Chief Executive Officer's Secretariat. In some circumstances, it may then be appropriate for the Member to contact the relevant General Manager for more information. The LGA Circulars are also available on the Members' Extranet. COUNCIL MEETING 7 October 2014 Page 6 ATTACHMENT 1 COUNCIL MEETING 7 October 2014 Page 7 COUNCIL MEETING 7 October 2014 Page 8 COUNCIL MEETING 7 October 2014 Page 9 COUNCIL MEETING 7 October 2014 Page 10 COUNCIL MEETING 7 October 2014 19. • • Page 11 MEMBERS' BOOKSHELF Frontline - The Official Journal of the South Australian State Emergency Service Volunteers' Association Incorporated Western Region Waste Management Authority - Annual Report 2013/2014 RECOMMENDATION That the additions to Members' bookshelf be noted. 20. CORRESPONDENCE 20.1 Commonwealth Financial Assistance Grants 2014-2015 Correspondence has been received from the Minister for Local Government, the Hon Geoff Brock MP, regarding Commonwealth Financial Assistance Grants to Councils for 2014-2015 and more specifically, the loss of the Supplementary Local Road Funding Program (Attachment 1). RECOMMENDATION That the correspondence be received. 20.2 Roads to Recovery Funding Allocation Correspondence has been received from the Minister for Infrastructure and Regional Development, the Hon Warren Truss MP, in relation to Council's funding allocation under the Roads to Recovery Programme from 1 July 2014 to 30 June 2019 (Attachment 2). RECOMMENDATION That the correspondence be received. 20.3 Adelaide Shores Development Plan Amendment Correspondence has been received from the Delegate for the Minister for Planning, Susan Close, regarding the Adelaide Shores Development Plan Amendment (Attachment 3). RECOMMENDATION That the correspondence be received. 20.4 Launch of South Australia's Vision for Economic Transformation Correspondence has been received from the Premier of South Australia, Jay Weatherill MP, regarding the launch of the State's vision for economic transformation, South Australia: The Place Where People and Businesses Thrive (Attachment 4). RECOMMENDATION That the correspondence be received. COUNCIL MEETING 7 October 2014 Page 12 20.5 Reece Jennings Bikeway Upgrade Correspondence has been received from the Acting Manager, Cycling and Walking of the Department of Planning, Transport and Infrastructure, Cherill Watkins, in relation to the Reece Jennings Bikeway Upgrade (Attachment 5). RECOMMENDATION That the correspondence be received. 20.6 Underdale and Torrensville DPA - Statement of Intent Correspondence has been received from the Office of the Minister for Planning, the Hon John Rau MP, acknowledging Council's letter dated 15 September 2014, in relation to the Underdale and Torrensville Residential/Industry Interface Development Plan Amendment - Statement of Intent (Attachment 6). RECOMMENDATION That the correspondence be received. 20.7 Legislative Support for the Reimbursement of Veterinary Expenses Correspondence has been received from the Secretary of the Dog and Cat Management Board, Andrew Lamb, in response to Council's letter of 18 September 2014 regarding legislative support for reimbursement and recompense for victims, after dog attacks (Attachment 7). RECOMMENDATION That the correspondence be received. 20.8 Removal of Vegetation on Richmond Road outside of the State Bus Depot Correspondence has been received from the Minister for Transport and Infrastructure, the Hon Stephen Mullighan MP, in response to Council's letter regarding the removal of vegetation on Richmond Road outside of the State Bus Depot, as part of the South Road/Richmond Road Intersection Upgrade project (Attachment 8). RECOMMENDATION That the correspondence be received. 20.9 Joy Baluch Award - Update Correspondence has been received from the Local Government Association in relation to the deferral of the presentation of the inaugural Joy Baluch Award for Women in Local Government to April 2015 (Attachment 9). RECOMMENDATION That the correspondence be received. COUNCIL MEETING 7 October 2014 Page 13 20.10 Adelaide and Mount Lofty Ranges Natural Resources Management Board Minutes Correspondence has been received from the Adelaide and Mount Lofty Ranges Natural Resources Management Board regarding the minutes of the board meeting held on 24 July 2014 (Attachment 10). RECOMMENDATION That the correspondence be received. 20.11 Western Region Waste Management Authority Minutes Correspondence has been received from the Western Region Waste Management Authority regarding the minutes of the Ordinary Board Meeting held 18 September 2014 (Attachment 11). RECOMMENDATION That the correspondence be received. COUNCIL MEETING 7 October 2014 Page 14 ATTACHMENT 1 COUNCIL MEETING 7 October 2014 Page 15 COUNCIL MEETING 7 October 2014 Page 16 COUNCIL MEETING 7 October 2014 Page 17 ATTACHMENT 2 COUNCIL MEETING 7 October 2014 Page 18 COUNCIL MEETING 7 October 2014 Page 19 ATTACHMENT 3 COUNCIL MEETING 7 October 2014 Page 20 COUNCIL MEETING 7 October 2014 Page 21 ATTACHMENT 4 COUNCIL MEETING 7 October 2014 Page 22 COUNCIL MEETING 7 October 2014 Page 23 ATTACHMENT 5 COUNCIL MEETING 7 October 2014 Page 24 ATTACHMENT 6 COUNCIL MEETING 7 October 2014 Page 25 ATTACHMENT 7 COUNCIL MEETING 7 October 2014 Page 26 COUNCIL MEETING 7 October 2014 Page 27 COUNCIL MEETING 7 October 2014 Page 28 ATTACHMENT 8 COUNCIL MEETING 7 October 2014 Page 29 ATTACHMENT 9 COUNCIL MEETING 7 October 2014 Page 30 ATTACHMENT 10 COUNCIL MEETING 7 October 2014 Page 31 COUNCIL MEETING 7 October 2014 Page 32 COUNCIL MEETING 7 October 2014 Page 33 COUNCIL MEETING 7 October 2014 Page 34 COUNCIL MEETING 7 October 2014 Page 35 COUNCIL MEETING 7 October 2014 Page 36 ATTACHMENT 11 COUNCIL MEETING 7 October 2014 Page 37 COUNCIL MEETING 7 October 2014 Page 38 COUNCIL MEETING 7 October 2014 Page 39 COUNCIL MEETING 7 October 2014 Page 40 COUNCIL MEETING 7 October 2014 Page 41 COUNCIL MEETING 7 October 2014 Page 42 COUNCIL MEETING 7 October 2014 Page 43 COUNCIL MEETING 7 October 2014 Page 44 COUNCIL MEETING 7 October 2014 Page 45 COUNCIL MEETING 7 October 2014 21. CONFIDENTIAL Nil 22. MEETING CLOSE Page 46 URBAN SERVICES STANDING COMMITTEE 7 October 2014 INDEX 1. MEETING OPENED...................................................................................................... 1 2. PRESENT ..................................................................................................................... 1 3. APOLOGIES................................................................................................................. 1 4. DISCLOSURE STATEMENTS...................................................................................... 1 5. CONFIRMATION OF PREVIOUS MINUTES ................................................................ 1 6. COMMUNICATIONS BY THE CHAIRPERSON............................................................ 1 7. QUESTIONS WITH NOTICE ........................................................................................ 1 8. QUESTIONS WITHOUT NOTICE ................................................................................. 1 9. MOTIONS WITH NOTICE ............................................................................................. 1 10. MOTIONS WITHOUT NOTICE ..................................................................................... 1 11. URBAN SERVICES DIVISION REPORTS.................................................................... 2 11.1 Weslo Holdings - Thebarton Theatre - Request for variation to lease for Hot Dub Concert ....................................................................................................... 2 11.2 Former Lockleys Kindergarten - Revocation of Community Land ................. 7 11.3 Urban Services Activities Report .................................................................... 11 12. MEETING CLOSE ...................................................................................................... 19 URBAN SERVICES STANDING COMMITTEE 7 October 2014 1. MEETING OPENED 2. PRESENT 3. APOLOGIES Page 1 Council Members: Cr Frances 4. DISCLOSURE STATEMENTS The following information should be considered by Committee Members prior to a meeting: 1. Consider Section 73 of the Local Government Act and determine whether they have a conflict of interest in any matter to be considered in this Agenda; and 2. Disclose these interests in accordance with the requirements of Sections 74 and 75 of the Local Government Act 1999. The following disclosures of interest have been made in relation to: Item 5. Elected Member CONFIRMATION OF PREVIOUS MINUTES RECOMMENDATION That the Minutes of the meeting of the Urban Services Standing Committee held on 2 September 2014 be confirmed as a true and correct record. 6. COMMUNICATIONS BY THE CHAIRPERSON 7. QUESTIONS WITH NOTICE Nil 8. QUESTIONS WITHOUT NOTICE 9. MOTIONS WITH NOTICE Nil 10. MOTIONS WITHOUT NOTICE URBAN SERVICES STANDING COMMITTEE 7 October 2014 11. Page 2 URBAN SERVICES DIVISION REPORTS 11.1 Weslo Holdings - Thebarton Theatre - Request for variation to lease for Hot Dub Concert Brief A request has been received from Weslo Holdings Pty Ltd, lessee of the Thebarton Theatre and adjacent former Thebarton Council Chambers, seeking to vary the terms of their lease to allow their use of portion of the carpark, which fronts South Road, in association with the Hot Dub Time Machine concert on 31 October and 1 November 2014. RECOMMENDATION(S) It is recommended to Council that it approve the variation of the lease of the Thebarton Theatre to: 1. Allow use of that portion of the car park area delineated by the hatched area in Attachment 2 to this report (and forming portion of area 'C' in the lease), for the Hot Dub Time Machine concert between the hours of 7:00pm and 10:00pm on 31 October 2014. 2. Should a further concert occur on 1 November 2014, approval for use of the defined area also be granted between the hours of 7:00pm and 10:00pm on that date. 3. The conditions contained within the existing lease agreements be applicable to Weslo's use of portion of the carpark area. Introduction Weslo Holdings Pty Ltd, lessee of the Thebarton Theatre complex has written to Council seeking a variation to the terms of its lease to allow it to use the South Road carpark in association with the Hot Dub Time Machine concert on 31 October and 1 November 2014. Refer Attachment 1 Discussion Weslo holds existing leases over both the Thebarton Theatre and also the former Thebarton Civic building and adjacent house at 164 South Road, Torrensville. The Theatre lease expires on 31 December 2022 and the lease over the former civic building and adjacent house expires on 30 June 2023. The combined current rental paid is approximately $170,000 pa plus GST. Under the terms of its respective lease agreements Weslo is permitted the use of the buildings and use of the South Road (eastern) carpark (referred to as area "C" in the lease and letter of request and shown as that area delineated in red in Attachment 2) for carparking purposes and for the loading and unloading of vehicles. The permitted use does not extend to that which is now sought in accordance with the request received. Nevertheless, there is precedence for consideration of this matter. At its meeting of 16 July 2013 Council received a deputation and considered a similar request from Weslo Holdings and the event promoter for use of the eastern (South Road) carpark in association with the Spin Off event, which was held on 2 August 2013. URBAN SERVICES STANDING COMMITTEE 7 October 2014 Page 3 Following receipt of the deputation and consideration of the matter Council resolved as follows: That Council approve the variation of the lease of the Thebarton Theatre to allow use of the car park area delineated 'C' in the lease, for the Spin Off Music Festival on 2 August 2013 including set up and set down, subject to: 1. Security being provided at the bus stop opposite the Thebarton Theatre; and 2. The hours of the liquor licence for the event being limited to between 2.30pm and 11.30pm and that no external speakers be permitted in the outside area of the car park. As indicated in the attached request, Weslo seeks consent for use of portion of the South Road carpark area (that portion delineated as the blue hatched area in Attachment 2) between the hours of 7pm and 10pm on October 31 and November 1 2014. At the time of preparation of this report the theatre website indicated that the event will only occur on October 31, theatre management are confident that the first show will sell out and that a second show will be offered by the promoter. If not the consent sought would be confined to 31 October 2014. From the information provided in Weslo's submission it is also apparent that the Hot Dub event is likely to have fewer perceived negative impacts than the Spin Off event, based on: • • • • the shorter time frame of the Hot Dub event ("standard" concert hours/timespan i.e. 3 hours rather than 12 hours), the lack of continued access to the premises during the show (as opposed to patrons visiting and leaving Spin Off to see specific acts and not others); the eastern theatre doors being closed for the duration of the event; and the lack of a number of mobile and catering food vans in the carpark area. It is nonetheless important to acknowledge that: (a) (b) Council received no complaints following the conduct of the Spin Off event in August last year; and the conditions within the existing lease agreements address matters such as noise and nuisance which may arise in association with the use of the premises. As Weslo further indicates in its submission, in addition to the expectation of minimal or no anticipated inconvenience there will also be some positive outcomes (e.g. theatre patrons will not mill on Henley Beach Road) which will arise should Council provide its consent to their request to use portion of the carpark area during this event. Conclusion Council has received a request from Weslo Holdings seeking to vary the terms of its lease agreement to allow portion of the eastern carpark to be used in association with an event on 31 October (and possibly 1 November 2014). Given that the carpark was utilised for a previous event with no resulting complaints, and that the forthcoming event is likely to have fewer (if any) negative impacts than the previous event, it is recommended that the request be supported. URBAN SERVICES STANDING COMMITTEE 7 October 2014 Page 4 ATTACHMENT 1 URBAN SERVICES STANDING COMMITTEE 7 October 2014 Page 5 URBAN SERVICES STANDING COMMITTEE 7 October 2014 Page 6 ATTACHMENT 2 URBAN SERVICES STANDING COMMITTEE 7 October 2014 Page 7 11.2 Former Lockleys Kindergarten - Revocation of Community Land Brief This report seeks a formal Council resolution to revoke the Community Land Classification of land and buildings formerly known as the Lockleys Kindergarten located at 14A Rowells Road, Lockleys. RECOMMENDATION(S) It is recommended to Council that: 1. Having received approval on 10 September 2014 from the Minister for Planning and in accordance with Section 194(3)(b) of the Local Government Act 1999, Council revokes the Community Land Classification of the property formally described in Certificate of Title 5516/851 (Allotment 74 Deposited Plan 4495) 14A Rowells Road, Lockleys. 2. Pursuant to Section 207 of the Local Government Act 1999, the Chief Executive Officer be authorised to amend Council's Community Land Register by removing reference to the land described in Recommendation 1 above. 3. The Chief Executive Officer review the options for progressing the sale of the property and report back to Council following his investigations. Introduction Subsequent to the Department of Education and Childhood Development (DECD) determining in early 2013 that the Lockleys Kindergarten site was not deemed to be appropriate for its continued use, Council determined to commence the process of revoking the community land classification of this parcel of land. Discussion At the meeting held on 21 January 2014, Council endorsed the Revocation Report for the former Lockleys Kindergarten located at 14A Rowells Road, Lockleys for public consultation as required under Section 194 of the Local Government Act 1999 and in accordance with Council's Public Consultation Policy A/17/1. Notification of the proposal was placed in the Messenger Newspaper on 19 and 26 March 2014. In addition, copies of the Revocation Report were available for viewing on Council's website and at the Civic Centre. Advice on the proposal was distributed to approximately 300 households and businesses in the immediate vicinity of the former Lockleys Kindergarten and notification posters were placed on/adjacent the entry gates on the southern and western (street frontage) sides of the property's boundary fencing. All notifications provided details of the proposal and advised locations to view the documentation. Contact details for further information were also advised with submissions closing on 17 April 2014. Section 194(3) of the Local Government Act 1999 requires Council to consider any feedback or response arising from the public consultation process. Three parties provided responses in regard to the revocation proposal. The concerns raised related to possible redevelopment of the site and/or consequent detrimental impact on the significant stand of trees on the site, and the lack of suitable alternate open space within the immediate vicinity of the former Lockleys Kindergarten property. URBAN SERVICES STANDING COMMITTEE 7 October 2014 Page 8 In regard to the potential redevelopment of the site it was noted that any proposal that may impact on the stand of significant trees would require development consent. It was also noted that the Mellor Park Reserve, which provides considerable open space, is located a short distance from the former Lockleys Kindergarten property. Given the above, there was no impediment preventing Council from proceeding with the proposal and seeking formal approval from the Minister to revoke the Community Land Classification. At the meeting held on 1 July 2014, Council, having completed all requirements of the Local Government Act 1999, resolved to seek approval from the Minister to revoke the Community Land Classification of 14A Rowells Road, Lockleys to enable the eventual sale of the property. This approval has now been granted in writing (Attachment 2). Having received approval on 10 September 2014 from the Minister for Planning and in accordance with Section 194(3)(b) of the Local Government Act 1999, it is recommended that Council now resolve to revoke the Community Land Classification of the property formally described in Certificate of Title 5516/851 (Allotment 74 Deposited Plan 4495) 14A Rowells Road, Lockleys. It is further recommended that the Chief Executive Officer be authorised to amend Council's Community Land Register by removing reference to the land as formally described above. Given that the property is currently vacant, it is recommended that the Chief Executive Officer review the options for progressing the sale of the property and report back to Council following his investigations. Conclusion Ministerial approval for revocation of the land at 14A Rowells Road, Lockleys allows Council to proceed with disposal of the site if and at such time as it considers appropriate. URBAN SERVICES STANDING COMMITTEE 7 October 2014 Page 9 ATTACHMENT 1 URBAN SERVICES STANDING COMMITTEE 7 October 2014 Page 10 ATTACHMENT 2 URBAN SERVICES STANDING COMMITTEE 7 October 2014 Page 11 11.3 Urban Services Activities Report Brief To provide Elected Members with information on activities within the Urban Services Division. RECOMMENDATION It is recommended to Council that the Activities Report be received. This report details the key activities of the City Assets and City Works Departments. Special Project Work New Drainage Detailed design is currently underway. System Lockleys Catchment New Drainage Detailed design is currently underway. System - Ashley St (West to Hayward), Torrensville Mile End All contracted Civil and Landscaping works have now been completed, with Cowandilla a few minor Civil Works variations and defects to be addressed in the Airport Drainage coming month. All major works associated with the interface of the project with West Beach Road have also been completed. Mile End Cowandilla Catchment (Rankine Rd) The 2014/15 budget has allowed for the sealing and establishment of a shared path around the basin and connection to West Beach Road. A contractor has been engaged to undertake these works during October 2014. Public Notification of the commencement of works will occur in mid-October 2014. The scope of works will include the installation of new underground stormwater drainage along much of the road with new stormwater collection inlets to be constructed in the form of rain gardens, and the reconstruction of the section of road from Hounslow Ave to Grey Street. Works will result in the temporary closure of the road to through traffic however local access will continue to be permitted. Roebuck St Drainage Upgrade Stormwater Trunk Drain Brickworks Site Brown Hill / Keswick Creek Remediation This project is incorporated with the Roebuck Street Road Reconstruction Project which commenced on 16/05/2014. Works are ongoing. The majority of the new drainage works in association with this project have been completed. All civil works associated with the installation of new gabion basket and mass block bank stabilisation have been completed. Repair of private property boundary fencing adjacent to the works area will be undertaken during the first week of October 2014. URBAN SERVICES STANDING COMMITTEE 7 October 2014 Playground Upgrade 2014/2015 Page 12 The following is an update on the current program of works: • Errington Street Reserve, Plympton - completed • Golflands Reserve, Glenelg North - completed • Peake Gardens Reserve, Marleston - completed (installation of a shade structure is scheduled in November) • Baroda Avenue Reserve, Netley - work in progress • Cross Terrace Reserve, Kurralta Park - work in progress • Pacific Parade Reserve, West Beach - work in progress • Sandringham Reserve, (Kinkaid Ave), North Plympton - works in progress • Shephard Court Reserve, Novar Gardens - work scheduled to commence in November. The following playgrounds are currently being scoped: • DCA Reserve, Beare Avenue, Adelaide Airport / Netley • Lysle Street Reserve, Brooklyn Park • Civic Centre - Memorial Gardens, Hilton • Halsey Road Reserve, Fulham • Parkin Reserve, Neston Avenue, Netley • River Torrens Linear Park, Riverview Drive, Lockleys • River Torrens Linear Park, Sherriff Street, Underdale • Poplar Street Reserve, West Beach • Cummins Reserve, Saratoga Drive, Novar Gardens • Camden Oval (South), Novar Gardens adjacent to Glenlea Tennis Club Signage has been installed on the playgrounds seeking feedback from users. Reserve Developments Various The Administration is currently developing a concept plan and scope of works for the upgrade of Falcon Ave Reserve, formerly the Thebarton Neighbourhood House. The upgrade of the reserve for the new community garden at Clifford St, Torrensville has been substantially completed. The remaining site works include lighting (solar) and a doggie poo dispenser. Preliminary onsite civil works have commenced on the new Dog Park on the Westside Bikeway at Moss Ave, Marlestion. Concept development is currently underway for the war memorial located at Bill Shepherd Reserve (Arcoona Ave), Glenelg North. River Torrens Linear Park (Including Pedestrian Lighting Project) The installation of new LED pedestrian lights (stage 3, between Riverview Drive and Rowells Rd, Lockleys) is completed with only minor site works remaining, including reinstatement of the reserve areas. Design of the next stage (stage 4 & 5) of new pedestrian lighting between Rowells Rd and Henley Beach Rd has been completed. These stages have been scheduled in the 2014/15 works program with works expected to commence early in 2015. URBAN SERVICES STANDING COMMITTEE 7 October 2014 Reserve Irrigation Upgrades 2014/2015 Page 13 The following reserves are currently listed in the 2014/15 Irrigation Upgrade program of works: • Ashburn Avenue Reserve (Coral Sea Road), Fulham, (remaining sections) • College Park Reserve, Brooklyn Park; • Helenslea Avenue Reserve, Brooklyn Park; • Lysle St Reserve, Brooklyn Park; • River Torrens Linear Park, Riverview Drive to Lasscock Ave, Lockleys; • River Torrens Linear Park, Tracey Crescent, Lockleys; • River Torrens Linear Park, Sherriff Street, Underdale; • Westside Bikeway, Marleston / Plympton (selected areas); • Elsie Street / Freda Street Reserve, Netley; • Shephard Court Reserve, Novar Gardens; • Kings Reserve, Torrensville; • Poplar Street Reserve, West Beach; Initial planning and design works, including upgrade to power supply connections, have commenced. Urban Forest James Congdon Drive Pocket Park Richmond Oval The construction contract has been awarded and works are currently being programmed. Construction works commenced on 21 July 2014 with completion of works scheduled for late October 2014. Capital Works City Funds/ULRG Funds/Carryovers - Rds to Recovery Grant Funds The following is an update on various roadworks occuring in our City: - The reconstruction of Brooker Tce, Richmond, is currently underway with the underground stormwater drainage currently being installed. - The reconstruction of Smith St, Thebarton is currently underway. - The reconstruction of Roebuck St, Mile End is currently underway. - The reconstruction of Marshall Tce, Brooklyn Park is currently underway. - Planning and design works are underway on Morphett Rd, North Plympton, and Shannon Ave / Wongala Ave, North Plympton. Kerb & Watertable Program 2013/14 The following is an update on the remaining streets from the 2013/14 Kerb and Watertable program: • Herbert Rd, Ashford - Completed • Falcon Ave, Mile End - Remaining works will be completed in conjunction with the road reconstruction in Roebuck Street. Road Reseal Program 2013/14 The following is an update on the remaining streets from the 2013/14 Road Reseal program of works: • Herbert Rd, Ashford - Completed • Cawthorne St, Thebarton - Remaining works will be completed in conjunction with the road reconstruction in Smith Street. URBAN SERVICES STANDING COMMITTEE 7 October 2014 Page 14 Works have commenced on scoping and design of the streets nominated for the 2014/15 Kerb and Watertable program of works. The following is a list of works for 2014/2015: Stage 1 - Bonython Ave, Glenelg North - McCann Ave, Glenelg North - Albert Ave, Camden Park - Carlton Rd, Camden Park - Creslin Tce, Camden Park - Fitzoy Ave, Camden Park - Inkermann Ave, Camden Park - Miller Crt, Novar Gardens - Shephard Crt, Novar Gardens Kerb & Watertable Program 2014/2015 Stage 2 - Bransby Ave, Nortyh Plympton - Errington St, North Plympton - Hawson Ave, North Plympton - Keith Ave, North Plympton - Morphett Rd, North Plympton - Neston Ave, North Plympton - Streeters Rd, North Plympton - Bransby Ave, Plympton - Lydia St, Plympton - McArthur Ave, Plympton - Myer Ave, Plympton - Mortimer St, Kurrlta Park Stage 3 - Darebin St, Mile End - King St, Mile End - Rose St, Mile End - Norwich St, West Richmond - Chambers Ave, Richmond - Lane St, Richmond - Redin St, Richmond - Sanders Ln, Richmond - Railway Tce, Mile End South, (kerb only) - Holt St, Netley - John St, Marleston - Chatham Rd, Keswick Stage 4 - Clifford St, Torrensville - Danby St, Torrensville - North Pde, Torrensville - River Rd, Torrensville - Stephens Ave, Torrensville - Kintore St, Thebarton - Maria St, Thebarton - Randolph St, Thebarton - Walter St, Thebarton URBAN SERVICES STANDING COMMITTEE 7 October 2014 Kerb & Watertable Program 2014/2015 Page 15 Stage 5 - Arcoona Ave, Lockleys - Arden Ave, Lockleys - Boston Ave, Lockleys - Brecon St, Lockleys - Chester St, Lockleys - Corona Ave, Lockleys - Dunrobin St, Lockleys - Peter St, Lockleys - Strathmore Ave, Lockleys - Norman St, Underdale - Sherriff St, Underdale - Wycombe St, Underdale contd/ Stage 6 - Atlantic Ave, West Beach - Formosa Av, West Beach - Ayton Ave, Fulham - Crace Rd, Fulham - Fitch Rd, Fulham - Gault Ave, Fulham The following is an update of the Footpath works program: Footpath Program 2013/2014 & 2014/2015 Footpath Renewal Program • Birmingham Street, Mile End South (South Road to Pymbra Street) Completed • Everard Avenue, Keswick (Ashford Road to Kent Road) - Completed • Goodenough Street, Mile End (James Congdon Drive to Parker Street) Completed • Richmond Road, Richmond (Marlow Road to Croydon Road) - Work in progress • Bartholomew Street, Richmond (Lucas Street to Richmond Road) - Work in progress • Starr Avenue, North Plympton (Morphett Road to Deeds Road) - Work in progress • Deeds Road, North Plympton (Starr Avenue to Kinkaid Avenue) - Work in progress • Marion Road, Plympton (Anzac Highway to Lydia Street) - Scheduled to commence in late October • Holland Street, Thebarton (end to Winwood Street) - incorporated with Thebarton Technology Hub design. New Footpath Construction Program • Allchurch Avenue, North Plympton (Birdwood Terrace to Park Terrace) (Rex Jones Reserve) - Completed • Mooringe Avenue, Camden Park (Deeds Road to Morphett Road) - Work in progress • Morphett Road, Camden Park (Mooringe Avenue to Penong Avenue) Work in progress Works have commenced on the design and scheduling of the footpaths nominated for the 2014/2015 Footpath Program. Further details on the program will be provided in the next Activity Report. URBAN SERVICES STANDING COMMITTEE 7 October 2014 Bridge Ancillary Works Page 16 One of the Railway Terrace footbridges is completed and the remaining two are awaiting galvansied balustrades to be installed with completion date set for mid-October. Installation of the handrails and fencing along the bridge in Brooker Terrace is due to commence in mid to late October along with cleaning of the plaques. Repairs to the concrete on the bridge in Harvey Ave and installation of DDA handrails are now due to commence in mid-late October due to delays by the contractor. Bus Shelters The following Bus stops have now had new shelters installed: • Streeters Rd 11A - eastern side • Rowells Rd 207/13 - western side • St Andrews Cres stop 17 - western side • Pierson St stop 12 - northern side • Mooringe Ave stop 12 - southern side • George Street stop 3 southern side • South Road stop 4A western side The following Bus shelters are currently being fabricated and are scheduled to be installed over the next two months: • Stonehouse Avenue stop 14 southern side • Henley Beach Road stop 21 northern side Scoping works for the 2014/15 funding agreement with the State Government is currently in progress. BioScience Precinct Works Development of concept plans has been completed with stakeholder consultation material currently being developed. Traffic Management The program of works for 2014/15 is currently being scoped. Public Lighting A joint City of West Torrens / City of Marion grant application has been submitted for the Mike Turtur Shared Path along Glengyle Tce. We are currently awaiting the outcome of this application. West Thebarton Road The Power Line Environment Committee (PLEC) has confirmed that Council's funding submission has been approved. Development of the detailed design is underway to underground existing electrical infrastructure along West Thebarton Road and Phillips Street. As part of the project, 11 easements in favour of South Australian Power Networks are required to be secured by Council. Negotiations with property owners has commenced. Richmond Rd Upgrade The Department of Planning Transport and Infrastructure are currently undertaking early works associated with the widening of Richmond Road. These works include tree removals, the establishment of a site compound, directional boring under Keswick Creek and the relocation of underground services. South Rd / Ashwin Pde Upgrade The Department of Planning Transport and Infrastructure have advised that Bardavcol Pty Ltd has been awarded the contract for South Road/Ashwin Parade roadworks. Service relocation works are continuing. Roadworks are scheduled for completion in April 2015 with landscaping works to occur throughout the Winter of 2015. URBAN SERVICES STANDING COMMITTEE 7 October 2014 Page 17 Property Services Davenport Tce Properties A 12 month lease has been signed for 79 Davenport Tce. Reid St Permit Documents have been forwarded to the University of Adelaide's property consultants for execution by their signatories. Kooyonga Golf Club Stormwater Agreement Kooyonga Golf Club have advised that they are prepared to enter into a further stormwater agreement. A report will be prepared to a future Council meeting for consideration. Weigall Oval Public consultation has commenced regarding the proposed Master plan for Weigall Oval. Approximately 1,650 feedback sheets have been provided to residential and business properties bounded by Marion Road, ANZAC Hwy, Gray Street and Dudley Ave Plympton. Feedback is also able to be provided via a survey on Council's webpage. A community consultation day has been arranged at Weigall Oval on Saturday 11 October 2014 between 11:00am and 2:00pm. Lockleys Oval / Apex Park Masterplan Lessee/licensee stakeholder sessions have been held with all groups (other than the pigeon club). The consultants are currently analysing the information gathered from these sessions, contacting peak sporting bodies and developing some draft plans for presentation to Council. Star Theatre A draft lease agreement and disclosure statement have been provided to the lessee as per the resolution of Council. Western Youth Centre Both the Western Youth Centre and the Adelaide Titans Soccer Club have been advised of the outcome of Council meeting of 2 September 2014. A Development Application has been lodged and is currently being assessed. U Store It Everard Ave / Croydon Rd Arrangements for the sale of this land are continuing and surveyors have been engaged to prepare the necessary plans for lodgement. Once these have been confirmed and the prospective purchaser has executed the relevant notice the proposed closure of a portion of Everard Ave will be the subject of public consultation. Parking and Traffic Management Dew Street, Mile End A resident parking survey is currently being undertaken in Dew Street Mile End between Kintore Street and Rose Street on the installation of time limit controls in that section of the street due to high levels of commuter parking. Anzac Highway Glandore Australian Road Rules (ARR) compliance - bus zone installed to prohibit parking and maintain bus access in an indented bay. Control (previous) - Bus zone (14m) No Stopping (78m) Control (new) - Bus zone (24m) No Stopping outside of bike lane operation times (70m) URBAN SERVICES STANDING COMMITTEE 7 October 2014 Page 18 Henley Beach Road Mile End ARR compliance - bus zone installed to prohibit parking and maintain bus access in an indented bay. Control (previous) - Bus stop / unrestricted Control (new) - Bus zone (46m) ANZAC Highway Glandore ARR compliance - bus zone installed to prohibit parking and maintain bus access in an indented bay. Control (previous) - Bus zone (18m) No Stopping (91m) Control (new) - Bus zone (40m) No Stopping outside of bike lane operation times (59m) Dew Street, Thebarton Control (new) - 3P 8:00am-5:00pm Monday to Friday (20m & 23m) Installed at request of adjacent businesses to prevent all day parking Albert Street, Thebarton Control (new) - 2P 8:00am-5:30pm Monday to Friday (37m) Installed at request of adjacent businesses to prevent all day parking Galway Avenue, North Plympton & Marleston Control (new) - Bus zone (26m & 20m) Control (extended) - ½P 7am-5pm Monday to Friday (29m) Installed at request of adjacent businesses to prevent all day parking and ensure clearance is maintained for bus access to bus stops. Torrensville/Theb arton LATM Report has been distributed to Elected Members for information and comment. Road Safety Group The Mock Crash was held at Thebarton Oval on 25 September 2014. 550 school students attended to witness emergency services (including a helicopter) perform a simulated car crash rescue as well as listen to road safety speakers. Road Fatality Notification An 81 year old male died after an accident along Henley Beach Road east of Clifford Street at 4:50pm on Thursday 11 September 2014. The cause is listed as 'inattention by pedestrian crossing the road'. Civil and General Maintenance Monthly Update Concrete & Asphalt Footpath/Dr Crossover Road Repairs Line marking Kerbing & Watertable/Inverts Council property Graffiti Removal Private property Bus stops Regulatory Signage St nameplates 831m² 107m² 2,681m 186m 11 locations (61m2) 78 locations (346m2) 11 locations (24m2) 13 1 URBAN SERVICES STANDING COMMITTEE 7 October 2014 Page 19 Drainage and Cleansing Services Monthly Update Side Entry Pit Cleaning (SEP) St Sweeping Industrial DPTI and Main Roads Residential Chippendale Shannon Pump Station inspections Riverway West Beach Illegal rubbish dumping Road Sweepers Ongoing Programmed four weekly Programmed four weekly Trees Pruned Removals Weed Control (Reserves, Verges, Traffic Islands) 288 45 Programmed four weekly Completed Completed Completed Completed 6t 88t Horticulture Services Monthly Update 12. MEETING CLOSE 47,150 litres GOVERNANCE STANDING COMMITTEE 7 October 2014 INDEX 1. MEETING OPENED...................................................................................................... 1 2. PRESENT ..................................................................................................................... 1 3. APOLOGIES................................................................................................................. 1 4. DISCLOSURE STATEMENTS...................................................................................... 1 5. CONFIRMATION OF PREVIOUS MINUTES ................................................................ 1 6. COMMUNICATIONS BY THE CHAIRPERSON............................................................ 1 7. QUESTIONS WITH NOTICE ........................................................................................ 1 8. QUESTIONS WITHOUT NOTICE ................................................................................. 1 9. MOTIONS WITH NOTICE ............................................................................................. 1 10. MOTIONS WITHOUT NOTICE ..................................................................................... 1 11. GOVERNANCE REPORTS .......................................................................................... 2 11.1 City of West Torrens Social Media.................................................................... 2 11.2 Annual Report - Confidential Items 2013-2014 ............................................... 13 11.3 Request to Fly Eureka Stockade Flag............................................................. 21 11.4 Kaurna Native Title Claim Update ................................................................... 24 11.5 Ramindjeri Native Title Claim .......................................................................... 27 11.6 Legislative Progress Report - September 2014 ............................................. 32 12. MEETING CLOSE ...................................................................................................... 34 GOVERNANCE STANDING COMMITTEE 7 October 2014 1. MEETING OPENED 2. PRESENT 3. APOLOGIES Page 1 Council Members: Cr Frances 4. DISCLOSURE STATEMENTS The following information should be considered by Committee Members prior to a meeting: 1. Consider Section 73 of the Local Government Act and determine whether they have a conflict of interest in any matter to be considered in this Agenda; and 2. Disclose these interests in accordance with the requirements of Sections 74 and 75 of the Local Government Act 1999. The following disclosures of interest have been made in relation to: Item 5. Elected Member CONFIRMATION OF PREVIOUS MINUTES RECOMMENDATION That the Minutes of the meeting of the Governance Standing Committee held on 2 September 2014 be confirmed as a true and correct record. 6. COMMUNICATIONS BY THE CHAIRPERSON 7. QUESTIONS WITH NOTICE Nil 8. QUESTIONS WITHOUT NOTICE 9. MOTIONS WITH NOTICE Nil 10. MOTIONS WITHOUT NOTICE GOVERNANCE STANDING COMMITTEE 7 October 2014 11. Page 2 GOVERNANCE REPORTS 11.1 City of West Torrens Social Media Brief This report details the first three months of social media activity for the City of West Torrens. RECOMMENDATION It is recommended to Council that this report be received. Introduction At its 1 July 2014, Council resolved that: 1. 2. 3. The Social Media Use and Management Council Policy be approved. The 'City of West Torrens' and the 'Hamra Centre Library' social media pages be created for Facebook and Twitter and the City of West Torrens Linkedin page be populated and used. The monitoring and moderating of comments and posts on these two sites occurs between the hours of 8am and 9pm, Monday to Friday. Subsequently, the following Twitter™ and Facebook™ profiles were launched on 15 July 2014: Twitter Profile @WestTorrens Facebook Profile City of West Torrens @HamraCentre Hamra Centre Library Social media management software is used to manage the distribution of posts to all profiles and allow for monitoring and moderating of posts etc. The software also contains a reporting tool from which reports on the take up and usage of Council's four pages, including the 'traffic' to pages. The reports for the 15 July to 15 September 2014 period are attached for information as follows: Attachment 1 - City of West Torrens Facebook Page Report. Attachment 2 - @WestTorrens Twitter Page Report. Attachment 3 - Hamra Centre Library Facebook Page Report. Attachment 4 - @HamraCentre Twitter Page Report. Attachment 5 - @WestTorrens and @HamraCentre Twitter Page Comparison Report. These reports provide a range of information including the number of likes/followers, number of shares/publishing, impressions/views, activity by day of week and demographics of users (including countries and cities of viewers) etc. Discussion Since the launch of Council's social media presence, all four pages have seen reasonable growth with the @WestTorrens twitter page proving to be the most popular. GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 3 The four pages have been used to communicate a range of different messages to the public including: • • • • • • information about hard rubbish collection upcoming Council events Council elections topical information such as Brown Hill Keswick Creek report release community announcements links to community consultation projects on the City of West Torrens' website. The most popular of these subjects appear to be those that residents considered they could be personally involved with or found interesting enough to share with others. In relation to the two City of West Torrens profiles, reminders of upcoming hard rubbish collections, enrolling to vote, nominating for Council and dog registrations have proven the most popular topics. In relation to the two Hamra Centre profiles, competitions, events and child-centric posts have been those which people have engaged with the most. Since the launch of Council's social media profiles, there has been a growth in customer service requests, via these profiles, relating to rubbish collection, street modifications and staff feedback. Generally, these have been dealt with quickly and the person requesting the information has been publicly appreciative for the prompt response, even when the initial request was negative in character. This prompt response has, in many cases, resulted in the complainant being subsequently very appreciative of the assistance provided. Overall, the interactions through social media have been productive and generated good online relations. Definitions Facebook term: Like Twitter term: Follow The Like button is the way Facebook users keep up to date with a person or organisation they are interested in. When a user clicks 'Like' on a Facebook Page text will appear on this user's personal Facebook page noting that they have 'liked' something. They will then be kept up to date with that person/organisation's content and activities. Once a person has 'liked' a page, they become known as a 'follower' of that page. On Twitter, the 'Follow' button is the equivalent of Facebook's 'Like' button. Once a user 'Follows' someone on Twitter, all of their Tweets (messages) will appear on a page dedicated to the people and organisations this user follows. Facebook term: Share Twitter term: Retweet By clicking the 'Share' button under content on a Facebook page, the user instantly shares that content on their own Facebook page. This 'Share' button is the way content can reach so many people. For example, the City of West Torrens and Hamra Centre Library profiles have a combined following of 251 followers. When any of these followers share Council information, the network of people the content is shown to expands, and information is seen by more users. On Twitter, the 'Retweet' button has the same role as Facebook's 'Share' button. By retweeting another user's content, a user will share it on their own profile therefore making it visible to their followers. As with the 'Share' button, the 'Retweet' button is what allows content to be seen by many. GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 4 Facebook term: Post View Twitter term: People Reached A Post View refers to the number of times Facebook content has been seen by other Facebook users. People Reached refers to the number of times Twitter content has been seen by other Twitter users. Facebook As per the Facebook Page Reports (Attachments 1 and 3), both the City of West Torrens and Hamra Centre Library pages had an initial spike in followers (likes) immediately after going live but, as expected, this dropped off dramatically for both. Initially, the Hamra Centre Library page performed better on Facebook than City of West Torrens page but over the first quarter this has changed and now both pages are on par with followers/likes. The City of West Torrens profile is performing better than the Hamra Centre Library profile in regards to how many people are seeing (page impressions), sharing and interacting with the posts, which is interesting given the more social and light-hearted nature of the Hamra Centre posts (refer to the Attachments 1 and 3 for a full detailed breakdown and comparison of all four profiles). 15 to 31 July 1 to 31 August 1 to 15 September Total City of West Torrens New Likes Post Views 60 6,800 51 16,100 19 17,100 130 (126*) 40,000 Hamra Centre Library New Likes Post Views 114 6,300 9 8,500 5 1,669 128 (125*) 16,469 *While initially 130 people liked the City of West Torrens Facebook page, 4 subsequently 'unliked' the page reducing the overall number to 126 and the Hamra Centre Library page had 128 likes initially with 3 people subsequently unliking the page. Twitter The Twitter General Stats Report for the City of West Torrens page (Attachment 2) and the Twitter Comparison Report (Attachment 5) indicate that the @WestTorrens page has steadily increased its followers over the reporting period, gaining approximately three new followers per day with numerous mentions and interactions. However, the Twitter General Stats Report for the @HamraCentre page (Attachment 4) and the Twitter Comparison Report (Attachment 5) indicate that the @HamraCentre page has remained relatively inactive, gaining less than one follower per day and little to no interactions or mentions. 15 to 31 July 1 to 31 August 1 to 15 September Total @WestTorrens @HamraCentre New Followers People Reached New Followers People Reached 113 13,997 24 522 64 17,909 15 7,816 16 2,836 8 7,541 193 34,742 47 15,879 GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 5 Stage 2 Social Media During the next few months the Administration will actively promote Council's social media presence through various mediums (e.g. Talking Points and promotional materials). The Administration will also continue to cross promote between the website, Facebook and Twitter and will investigate other online mediums to entice people to these profiles. Conclusion The launch of Council's social media presence has been steady with 251 people liking Council's Facebook pages and 200 Twitter followers. Posts on the Facebook pages have been viewed 56,479 times with tweets on Twitter being viewed 50,621 times. GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 6 ATTACHMENT 1 GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 7 GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 8 ATTACHMENT 2 GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 9 ATTACHMENT 3 GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 10 GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 11 ATTACHMENT 4 GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 12 ATTACHMENT 5 GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 13 11.2 Annual Report - Confidential Items 2013-2014 Brief This report presents the 'Confidential Items Annual Report' in accordance with the requirements of the Local Government Act 1999. RECOMMENDATION It is recommended to Council that this report be received. Introduction Schedule 4 of the Local Government Act 1999 (SA) (the Act) requires the inclusion of a summary of confidential items in Council's Annual Report. In addition, and as is customary practice, a report is required to be presented to Council on an annual basis on the use of s90 and s91 of the Act (confidentiality orders). This report, in accordance with Schedule 4 of the Act, details the use of these provisions during the 2013/14 financial year as well as the use of s56A(12) of the Development Act 1993 by the Development Assessment Panel (DAP). Discussion Council and Committee Meetings and Minutes Confidential Orders Section 90(1) of the Act, specifies that Council and Committee meetings must be conducted in a public place but recognises that on occasions this principle is outweighed by the need to keep information or discussions confidential. Consequently, s90(2) provides Council or a Council Committee with the ability to order the exclusion of the public from the relevant section of a meeting to enable it to consider and discuss a matter in confidence. However, this order can only be invoked in relation to subject matter detailed in s90(3) of the Act, i.e. matters or information relating to actual litigation, tenders for the supply of goods, the provision of services or the carrying out of works etc. and, if required, the subject matter passing the public interest test. Number of Confidential Orders Invoked During 2013/14 During the 2013/14 financial year, Council invoked s90(3) a total of ten (10) times in order to consider and discuss matters in confidence as detailed in the table below (Attachment 1). This equates to 1.74% of all business items presented to Council during the 2013/14 financial year and is significantly lower than the arbitrary maximum of 3% which was proposed by the South Australian Ombudsman in 2012, in his report titled "In the Public Eye". Minutes Section 91 of the Act subsequently provides that the Chief Executive Officer (CEO) must ensure that the minutes of Council or Council Committee meetings are kept. It should be noted that while Council may discuss a matter in confidence at a meeting, where possible it will release the minutes of the confidential items along with the remainder of the minutes of that meeting, usually on the Friday following the meeting. However, s91(7)(a) and (b) of the Act provides that the agenda, documents and minutes of a matter considered in confidence can be retained in confidence if Council so orders. This 'confidential order' must specify the duration of the confidential order and the reasons why the matter is being retained in confidence and, if required, how the confidential order passes the public interest test. GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 14 Status of Confidential Orders Of the ten (10) business items retained in confidence during the 2013/14 financial year: • • Documentation associated with four (4) of these business items was released within 6 months of the meeting at which it was resolved to retain the information in confidence. Documentation associated with the remaining six (6) business items continues to be subject to confidentiality orders and retained in confidence as at 30 June 2014. The table in Attachment 1 details: • • • The use of s90(3) by Council to enable it to discuss a matter in confidence; The use of s91(7) to retain the associated documents in confidence; and The status of the s91(7) order as at 30 June 2014. Development Assessment Panel Meetings and Minutes Section 56A(12) of the Development Act 1993 provides the Development Assessment Panel (DAP) with the ability to consider and discuss a matter in confidence where the matter meets the criteria detailed in that section. From 1 July 2013 to 30 June 2014, ten (10) items of DAP business were dealt with in confidence pursuant to s56A(12)(a)(vi) and s56A(12)(a)(viii) in that the disclosure of information within the business items could reasonably be expected to prejudice the maintenance of law, including by affecting (or potentially affecting) the prevention, detection or investigation of a criminal offence or the right to a fair trial and related to legal advice. This equates to 5.95% of all business items presented to DAP during the 2013/14 financial year however, due to the judicial nature of the DAP, its business items are not subject to the arbitrary 3% maximum. All items dealt with and retained in confidence, in accordance with the provisions of Section 56A(12)(a)(vi) and (viii) of the Development Act 1993, were unavailable for public viewing until resolved by the Environment, Resources and Development (ERD) Court. The table in Attachment 2 details the status of the ten (10) items considered and retained in confidence by the DAP. Informal Gatherings Elected Members participated in twenty eight (28) informal gatherings, including seven (7) workshops, which were not open to the public. The sole purpose of these informal gatherings was to provide education/training or information to Elected Members. No decisions were made, nor were they held in such a way as to effectively obtain a decision outside of a Council meeting, during these gatherings. GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 15 ATTACHMENT 1 GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 16 GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 17 GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 18 GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 19 GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 20 ATTACHMENT 2 Development Assessment Panel - Confidential Register Use of Section 56A during the 2013/14 Financial Year Section 56A(12) (a)(iv) and 56A(12) (a)(viii) Number of Times Invoked 10 Subject Date Invoked Status of Order at 30 June 2014 30 White Avenue, Lockleys 9 July 2013 Released 15 October 2013. 43 Myer Avenue, Plympton 9 July 2013 Released 15 October 2013. 50 Torrens Avenue, Lockleys 9 July 2013 Released 15 November 2013. 19 Windermere Avenue, Novar Gardens 8 Hampton Street, Brooklyn Park 42 Craig Street, Richmond 10 Brooklyn Avenue, Brooklyn Park 17 Creslin Terrace, Camden Park 1 Gifford Street, Torrensville 29 Rose Street, Mile End 8 October 2013 Released 15 November 2013. 10 December 2013 Released 11 April 2014. 11 February 2014 Released 11 April 2014. 11 March 2014 Released 11 April 2014. 8 April 2014 Released 6 June 2014. 10 June 2014 Confidential. 10 June 2014 Confidential. GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 21 11.3 Request to Fly Eureka Stockade Flag Brief This report presents a request from the Spirit of Eureka Committee (South Australia) for the flying of the Eureka Stockade Flag from Monday 1 December to Wednesday 3 December 2014. RECOMMENDATION(S) It is recommended to Council that: 1. It flies the Eureka Stockade Flag from Monday 1 December to Wednesday 3 December 2014. 2. The offer of a loan of a Eureka Stockade Flag from the Spirit of Eureka Committee (South Australia), to be flown from Monday 1 December to Wednesday 3 December 2014, be accepted. Introduction Correspondence has been received from the Spirit of Eureka Committee (South Australia) requesting that Council flies the Eureka Stockade Flag (the Flag) from Saturday 29 November to Wednesday 3 December 2014 inclusive to commemorate the 160th anniversary of the Eureka rebellion (Attachment 1). Council’s Flags policy allows for the flying of the Flag with Council approval, which it has done in previous years throughout the whole of the commemorative period. Discussion The Spirit of Eureka Committee (the Committee) was established in the lead up to the 150th anniversary of the Eureka Stockade in 2004, to ‘give a strong and united voice to the current struggles of Australia’s working people’. The Committee advises that ‘The Spirit of Eureka draws on the continuity and relevance of this important event in the history of Australia to present day endeavours and struggles for justice, democracy and sovereignty’. The Committee does acknowledge that the Flag has, on occasions, been misused and therefore may be incorrectly perceived by the public. Alternatively, many people see the commemoration of the Eureka rebellion as an event of national historical significance and as a key event in the development of Australian democracy and identity. At its 1 July 2014, Council resolved to fly the Rainbow Flag during the Feast Festival between 15 and 30 November 2014. As this slightly overlaps with period requested for the flying of the Eureka Flag, the Administration contacted the Spirit of Eureka Committee (South Australia) to discuss this overlap. Consequently, the Spirit of Eureka Committee (South Australia) has verbally amended their request for the flying of the Flag from Monday 1 December to Wednesday 3 December 2014. As was the case last year, the Spirit of Eureka Committee (South Australia) has met the criteria of Council's Flag Policy in that the Flag neither promotes commercial advertising or political messages, is made of durable material, has a standard fitting for attachment and is not more than approximately 1830mm by 920 mm in size. As identified in Council's Flag Policy, the Spirit of Eureka Committee (South Australia) will loan Council a flag for the period of time that the Flag is to be flown. If Council approves this request the Flag will be delivered and collected by a member of the Committee. GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 22 Conclusion With a growing number of councils taking the opportunity to acknowledge the significance of Eureka Week, it is recommended that this Council once again flies the Flag from Monday 1 December to Wednesday 3 December to commemorate this significant event in Australia's history. GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 23 ATTACHMENT 1 GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 24 11.4 Kaurna Native Title Claim Update Brief The report provides an update on the Kaurna Native Title Claim. RECOMMENDATION It is recommended to Council that this report be received. Introduction The Kaurna people submitted a native title claim (the Claim) with the Federal Court of Australia (the Court), over land which includes the City of West Torrens, in 2000. Since the last Claim update was provided to Council in November 2013, the Claim has been held over by the Court on two occasions, 20 March 2014 and 26 June 2014 to enable the preservation of evidence to proceed. The preservation of evidence allows for the gathering of evidence from older claimants that can be submitted even in the event that they pass away before the matter proceeds to trial. This report details the outcomes of the recent directions hearing callover (the Hearing) in the Court before Justice Mansfield on 8 September 2014. Discussion Below is a summary of the outcomes of this Hearing. The full details are contained in the correspondence received from Norman Waterhouse Lawyers, the lawyers acting on behalf of Council in this matter (Attachment 1). The Court has ordered that: • the preservation of evidence, managed by the State Government is to continue; • the matters associated with extinguishment of native title in respect of this Claim, be directed to case management; • the hearing be adjourned to 4 March 2015. It is worth noting that the process associated with extinguishment of native title is at a very preliminary stage so is likely to take up to two years to finalise and may require the State Government to consult more regularly with Local Government to determine the status of various parcels of land within the outer boundaries of the Claim. Conclusion The Kaurna Native Title Claim is progressing with relevant parties reporting back to the Federal Court of Australia as required by that Court. Preservation of evidence is continuing and the Court has ordered that the matters relating to extinguishment of native title be directed to case management which could take up to two years to finalise. An update report will be provided to Council following the 4 March 2015 directions callover hearing. GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 25 ATTACHMENT 1 GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 26 GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 27 11.5 Ramindjeri Native Title Claim Brief This report provides an update on the Ramindjeri Native Title Claim. RECOMMENDATION It is recommended to Council that the Ramindjeri Native Title Claim update be received. Introduction In 2010 the Ramindjeri people submitted a Native Title Claim (the Claim) with the Federal Court of Australia (the Court) over land which overlaps and includes the City of West Torrens and which overlaps the Kaurna Native Title claim. Discussion The previous report to Council on this matter, in November 2013, indicated that the State Government had submitted a 'strike out' application (the application) on the basis that: a) The Ramindjeri people were not a separate group but a subgroup of the Ngarrindjeri people therefore, they could not pursue a native title claim in their own right unless there was a significant anthropological basis to it. b) The meeting to establish the Claim was not conducted correctly therefore the Claim was invalid. Since then, the State Government has withdrawn its claim that the Ramindjeri people were not a separate group and progressed its strike out application on the basis that the meeting to establish the Claim was not conducted correctly making the Claim invalid. However, the Ngarrindjeri people have continued to pursue the application on both grounds. At a hearing held on 5 September 2014 before His Honour Justice Mansfield the Court 'struck out' the Claim. The basis for this is summarised below however, the determination is detailed in full in the attached correspondence from the lawyers acting on behalf of Council in this matter, Norman Waterhouse Lawyers (Attachment 1). The Court struck out the Claim on the grounds that the meeting purported to authorise the Claim: a) Was not conducted properly nor in the traditional way; b) Did not involve all the Ramindjeri People that could vote; c) Was found to be invalid on the basis that it was alleged that the meeting was part of a process of previous meetings but no records of these meetings existed. However, Justice Mansfield indicated that there was insufficient information to preclude the Ramindjeri people from lodging a future Claim in the correct format and using the correct process but that if this was the case, it is anticipated that the Claim would be over a much smaller area. The Ramindjeri people have 21 days to appeal the Court's decision to the Full Court of the Federal Court of Australia. If they elect not to lodge an appeal within this timeframe, the matter will be finalised. Norman Waterhouse has advised Council that there is now no need to deal with the Ramindjeri people unless they advise otherwise. GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 28 Conclusion The Federal Court of Australia has struck out the Native Title Claim lodged by the Ramindjeri people and if an appeal against this decision is not made by 26 September 2014, the matter is concluded and no further reporting to Council is required. However, the Court has not precluded the Ramindjeri people from lodging a future Native Title Claim in the correct manner using the correct processes. GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 29 ATTACHMENT 1 GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 30 GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 31 GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 32 11.6 Legislative Progress Report - September 2014 Brief This report identifies the status of proposed legislative changes affecting Local Government dealt with in Parliament, by the Local Government Association or contained in the Government Gazette during the preceding month. RECOMMENDATION It is recommended to Council that this report be received. Introduction This report provides a monthly update on the progress of Bills through Parliament using Parliament's defined stages as well as items contained within the Government Gazette that relate to the City of West Torrens. It also contains information provided by the Local Government Association (LGA) relating to proposed amendments to legislation or other relevant matters. Discussion Summary of Proposed Amendments to Legislation Return to Work Bill - Amendments to the Workers Compensation Scheme The State Government has introduced the Return to Work Bill into Parliament which reintroduces the common law and makes other amendments to the Workers Compensation scheme. The re-introduction of the common law will consist of a stronger reinforcement of well written and well managed Work Health and Safety (WHS) processes by this time next year. It is anticipated that the Bill will be passed by the end of the year to allow WorkCover to do all the necessary system preparations for commencement in July 2015. The Local Government Works Compensation Scheme will conduct various seminars for local government as details are finalised. The Local Government Association (LGA) is current seeking public feedback on the proposed Bill. The Bill was received by the Legislative Council on 24 September 2014 and adjourned at its second reading on the same day. Further information is provided within LGA Circular 35.2 - 27 August 2014. GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 33 Animal Welfare (Companion Animals) Amendment Bill 2014 The Hon. Michelle Lensink MLC introduced a private Member's Bill, the Animal Welfare (Companion Animals) Amendment Bill 2014, into Parliament on 17 September 2014. The Bill's primarily focus is the recommendations of the Select Committee on dogs and cats as companion animals, including the regulation of breeders, compulsory vaccination and microchipping prior to sale and enforceable standards for breeding companion animals. The LGA is currently seeking feedback on the proposed Bill by 9 October 2014. The Bill was adjourned by the Legislative Council at its second reading on 17 September 2014. Further information is provided within LGA Circular 36.4 - 3 September 2014. Work Health and Safety Variation Regulations 2014 [under the Work Health and Safety Act 2012] The Work Health and Safety Variation Regulations 2014 came into operation on 11 September 2014. The variation regulations featured minor technical changes to the Work Health and Safety Regulations 2012, to clarify the policy intent and address workability issues that have were identified and agreed through the national agreed process. The variation also featured consequential amendments arising from the end of transitional arrangements that were put in place when the Work Health and Safety Regulations were first made. These include: • The insertion of a fee for asbestos assessor licences. • Extending the transitional arrangements for air monitoring requirements for class B asbestos removal and the exemption for tractors manufactured, imported or originally purchased before 1981 from the requirement to be fitted with a roll-over protective structure. • Extending the date for the introduction of a hazardous chemicals notification scheme. Further information is provided within Government Gazette Number 68 - 11 September 2014. GOVERNANCE STANDING COMMITTEE 7 October 2014 Page 34 Development (Urban Renewal) Variation Regulations 2014 [under the Development Act 1993] The Development (Urban Renewal) Variation Regulations 2014 came into operation on 18 September 2014 and the Urban Renewal Act 1995 is now in operation. The Housing and Urban Development (Administrative Arrangements) (Urban Renewal) Amendment Act 2013 came into operation on the same day. The variations included: • Regulations 24 - Referrals relating to under the Urban Renewal Act 1995. • Schedule 10 - Decision by Development Assessment Commission relating to a development within a precinct under the Urban Renewal Act 1995. LGA workshops attended by various local government Elected Members and staff in August 2014, raised several matters about how a council led precinct would work in terms of membership, resourcing, joint ventures, etc. The LGA have advised that they are keen to work with any council or group of councils that wish to pursue a council led precinct to develop models and guidelines specific to local government. The LGA also welcomes ongoing feedback on the implementation of the Urban Renewal legislation to the Director Planning and Community Services. Further information is provided within Government Gazette Number 71 - 18 September 2014 and LGA Circular 40.1 - 25 September 2014. Bills previously reported on where status remains unchanged • • • • Motion for Disallowance of Development Regulations 2008 - Schedule 8 - Referrals and Concurrences (adjourned since June 2013) • • Local Government (Rates) Amendment Bill 2012 (adjourned since November 2012) Electoral (Optional Preferential Voting) Amendment Bill 2014 (adjourned since 21 May 2014). Local Government (Governance) Amendment Bill 2014 (passed by the House of Assembly on 25 September 2014. • 12. Development Act 1993 – Motion to Disallow Regulated Trees Regulations (adjourned since February 2012) Local Government (Waste Collection) Amendment Bill 2013 (adjourned since March 2013) Motion for Disallowance of Codes of Practice made under the Work Health and Safety Act 2012 (adjourned since May 2013) MEETING CLOSE