AGENDA

ORDINARY MEETING OF COUNCIL

Meeting – 5 July, 2005 Commencing at 7.00 p.m.

1. Apologies 2. Leave of Absence – Councillors AM Hubycz & P.R. McKay 3. Confirmation of the Minutes - 14 and 15 June 2005 4. Deputations – Nil 5. Adjourned Debate – Nil 6. Workshops

6.1. AWU Enterprise Agreement #6 7. Mayor’s Report

7.1. Mayor’s Report- 8/6/2005 To 28/6/2005 8. Petitions

8.1. Petition – Increase Of Traffic Speed In Langham Place, Port Adelaide. 9. Reports by Council Delegates

9.1. Western Region Waste Management Authority – Nil 10. Questions without Notice 11. Questions on Notice – Nil

COUNCIL AGENDA CONTD 12. Council Business

12.1. Director of Environmental Services Report – Fred Newman (Refer Table of Contents – Items 12.1.01 to 12.1.04)

12.2. Director of Technical Services Report – Wally Iasiello (Refer Table of Contents – Items 12.2.01 to 12.2.09)

12.3. Director of Community Development Report – Malcolm Herrmann (Refer Table of Contents – Items 12.3.01 to 12.3.06)

12.4. Director of Corporate & City Development Report – Mal Jonas (Refer Table of Contents – Items 12.4.01 to 12.4.09)

12.5. City Manager's Report – Harry Wierda (Refer Table of Contents – Items 12.5.01 to 12.5.05)

13. Correspondence 13.1. Correspondence – Hon Mike Rann Mp Premier Of South Australia – Air

Warfare Destroyer Program 14. Notice of Motion - Nil 15. Adoption of Committee Reports - Nil 16. Other Business 17. Closure of Meeting

W - CL 1

ITEM 6. WORKSHOPS ITEM 6.1 AWU ENTERPRISE AGREEMENT #6 Summary On Tuesday 21 June 2005 a Workshop was held to discuss the proposed AWU Enterprise Agreement #6. Report The current AWU Enterprise Agreement #5 expires on 2 September 2005 and negotiations have been underway since March 2005 for Enterprise Agreement #6. The purpose of the Workshop was to brief Elected Members on the current status of negotiations and issues raised by management and staff together with an outline of the process to be followed. There was an opportunity for Elected Members to provide feedback on the quantum of pay increase to be considered. (A Copy of the Record of Proceedings has been supplied to all Members and appears as Attachment 1 to this report.) Corporate Plan To maintain a highly skilled, competent and motivated work force. RECOMMENDATION That the Record of Proceedings for the “AWU Enterprise Agreement #6” Workshop held on Tuesday 21 June 2005 be received and noted.

MAYOR - CL 1

ITEM 7. MAYOR’S REPORT ITEM 7.1 MAYOR’S REPORT- 8/6/2005 TO 28/6/2005 Apart from meetings with the City Manager and/or staff and residents, I have attended the following:- 8/6/2005 OLSH Presentation of Pioneer Park Not Leaving Well Alone Lecture Duty of Care Inc. – Inaugural Meeting 9/6/2005 S.A. Great ASC Pty Ltd Submarine Breakfast Semaphore Road Main Street Association Meeting PAEC recycling Community Education Programe 10/6/05 WACG Meeting Housing Plan Forum Anne Stewart Memorial Project 20 year celebration 11/6/05 Adelaide Model Railway Show Portugese National Day Dinner 12/6/05 OARS Magpies V’s South Football Match 13/6/05 S.A. Zhu-Lin Buddhist Association Annual Friendship Dinner 14/6/05 PAE Council Meeting 15/6/05 Feelings & Genes Lecture Special PAEC Meeting 16/6/05 Sailability Meeting 17/6/05 Port Power V’s Essendon Football Match 18/6/05 Magpies Presidents Lunch Magpie V’s Glenelg Football Match 19/6/05 Don’t keep us in the Dark Public Meeting by Professor Frances Braum Sailability S.A. AGM 20/6/05 Mayor Laurie Fioravanti’s Funeral Service 21/6/05 Chicago Fair Meeting AWU Meeting 22/6/05 LGA Metropolitan Mayor & CEO’s review workshop Port Power Business Lunch Sunlight and Cancer Protection Lecture 23/6/05 Homelessness SA Memorial Service Metropolitan Local Govt Group “Sustainability Workshop” OARS Public Forum James Armitage Crime Prevention Lecture

…/…

MAYOR 2 5.07.05

MAYOR’S REPORT- 8/6/2005 TO 28/6/2005 CONTD. 24/6/05 Uni SA Smartlink Breakfast LGA Council Members Residential Seminar 25/6/05 LGA Council Members Residential Seminar Central Districts Presidents Luncheon Mapies V’s Central Districts Football Match Markane Fisheries Pty Ltd “The Markane” Naming Launch PASC Dinner 26/6/05 OARS Saltscapes Exhibition 27/6/05 S.A.H.T. Community Meeting P.A.E.C. Citizenship Ceremony 28/6/05 WABEC Business Lunch

City of Campbelltown Special Meeting RECOMMENDATION That Mayor Fiona Barr’s report titled “Mayor’s Report – 8/6/05 to 28/6/05”, be received and noted.

P - CL 1

ITEM 8. PETITIONS ITEM 8.1 PETITION – INCREASE OF TRAFFIC SPEED IN LANGHAM

PLACE, PORT ADELAIDE. The following petition, signed by 27 signatories has been submitted by Allison Platts, 98A Langham Place, Port Adelaide, concerning the following:- “We the residents of Langham Place Port Adelaide Are Pleased the Port Adelaide Enfield Council Through our discussions with Joyce Snadden are aware of the increased speed of the traffic and increased traffic using Langham Place. But we would also like you to be aware of the two elderly signs situated on Langham Place which does not reduce the speed of drivers and the changes proposed on the corner of Baynes Place and Langham Place will only reduce the speed at that corner not stop the driving practices of many who use the street as a drag strip making it very dangerous for all the residents many who are elderly and use walking aids. We the Residents see no way of fixing this dangerous problem except to install two speed humps one 10 metres before the elderly sign nearest Bower Road and the other 30 metres before the next elderly sign. We the Residents petition the council to act now.” (A copy of the abovementioned correspondence/petition has been supplied to all Members and appears as Attachment 1 to this report.) RECOMMENDATION That Council resolve as follows:- 1. That the petition be received and noted. 2. That the petition be referred to the Director of Technical Services for further

investigation and report to the Council. 3. That the head signatory to the petition, be advised of the receipt of the petition by

Council and the action proposed to be taken.

CL - ES 1

DIRECTOR OF ENVIRONMENTAL SERVICES REPORT - FRED NEWMAN

5 JULY 2005

CL - ES 2 5.07.05

Table of Contents ITEM 12.1.01. SUPPORTED RESIDENTIAL FACILITIES ACT 1992 –

LEGISLATION REVIEW....................................................................3

ITEM 12.1.02. DEMOLITION OF WHARF SHEDS ...................................................6

ITEM 12.1.03. PROSTITUTION LEGISLATION AND PLANNING ASSESSMENT ..................................................................................8

ITEM 12.1.04. OUTSTANDING MATTERS – DIRECTOR ENVIRONMENTAL SERVICES .......................................................................................13

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COMPOSITE RECOMMENDATION – ITEMS 12.1.01 TO 12.1.04 That the recommendations contained in Agenda items numbered 12.1.01 to 12.1.04 be adopted. ITEM 12.1.1 SUPPORTED RESIDENTIAL FACILITIES ACT 1992 –

LEGISLATION REVIEW Summary At its meeting held on 14 June 2005, Council resolved the following:

“Cr. Martin moved the Director’s report titled “Council’s Role In The Licensing of Supported Residential Facilities Within Port Adelaide Enfield” be received. Cr. Barca seconded AMENDMENT As an amendment Cr. Jamieson moved that Council resolve the following: 1. The Director’s report titled “Council’s Role In The Licensing of Supported

Residential Facilities Within Port Adelaide Enfield” be received. 2. That the Director Environmental Services bring back a further report on

what Council could present as a position to the State Government and the Local Government Association on legislative changes that would improve the quality of accommodation and services provided in Supported Residential Facilities.

Cr. McKay seconded AMENDMENT CARRIED. THE AMENDMENT BECOMES THE MOTION MOTION CARRIED.”

Background The Supported Residential Facilities Advisory Committee first identified the need to review the Supported Residential Facilities Act 1992 in 2001 when a request to consider a review was put to the then Minister for Disability Services and Ageing. Subsequent Supported Residential Facilities Advisory Committees have also lodged requests for a legislation review and it appears that the Minister for Families and Communities, Housing, Ageing, Disability has now advised Cabinet of the intention to develop a new Act, the Accommodation Act, which will cover boarding houses, supported residential facilities (SRFs) and like forms of accommodation.

CL - ES 4 5.07.05

SUPPORTED RESIDENTIAL FACILITIES ACT 1992 – LEGISLATION REVIEW, CONTD. Report The rationale for a new Act is to address the absence of effective regulation regarding boarding houses and at the same time include SRFs and other forms of accommodation (currently unregulated) into one set of arrangements. It is acknowledged that people living in these types of facilities are at high risk of homelessness and therefore a broad piece of legislation needs to be formulated that sets standards for care, accommodation and support for this vulnerable population. Whilst standards need to be improved, they cannot be set so high that private operators elect to close rather that attempt compliance. If government subsidies continue in order to allow the industry to meet the legislative requirements, it is possible that the State Government may take a greater role in monitoring and licensing such facilities. Indeed in Victoria and New South Wales a central agency is responsible for monitoring the standard of care and accommodation and determining whether residents are appropriately placed. No indication has been given of when the scoping for the new legislation will commence, but the Supported Residential Facilities Advisory Committee has been informed of the following: • A discussion paper will be developed for circulation, inviting written comment; • A series of meetings with key stakeholders will be held; • It is not intended that this be a public process and will be time-limited to a three

month period; • Following the development of a draft Bill a wider consultation process can be

instituted if indicated; • Key stakeholders will include Local Councils (especially authorised officers),

Local Government Association and Office of Local Government. Council should take the opportunity of these meetings to raise concerns and issues identified during the monitoring and licensing process. Such matters might include: • minimum staffing levels; • minimum qualifications for Manager and certain staff; • fire safety requirements; • provision of a range of accommodation types to better suit the variety of

residents in need of supportive accommodation; • specialist facilities; • maximum bed numbers for multiple occupancy rooms; • building standards; • reference to national standards of care.

CL - ES 5 5.07.05

SUPPORTED RESIDENTIAL FACILITIES ACT 1992 – LEGISLATION REVIEW, CONTD. City Plan Improved public health and safety. (Objective) Corporate Plan Monitor standards of care in supported residential accommodation and advocate on behalf of residents. (Strategy) RECOMMENDATION That Council resolve that: 1. The Director’s report titled “Supported Residential Facilities Act 1992 –

Legislation Review” be received. 2. Council write to the Local Government Association, the Supported Residential

Facilities Advisory Committee and the Department of Families and Communities in support of the proposed legislative review and moves to increase the quality of accommodation and services provided - and in particular those issues identified in the report.

CL - ES 6 5.07.05

ITEM 12.1.2 DEMOLITION OF WHARF SHEDS Summary At its meeting held on 1 June 2005, Council resolved the following:

“Mayor Barr moved that the Director of Environmental Services provide a report on the demolition of the wharf sheds, the practices involved and the impact of asbestos particles that appear to be escaping from the demolition area into the Port River and the broader environment. Cr. Jamieson seconded CARRIED.”

Background As part of preparatory works for the Port Waterfront Development and in anticipation of the Port River Expressway road and Rail Crossing development approval was sought and granted for the removal of wharf sheds and buildings at Docks 1 & 2 in Port Adelaide, an area of about 40,000m2. Report Wharf sheds at Docks 1 & 2 were constructed with materials containing asbestos in particular the roof sheeting which is known as ‘Deep six’ or ‘Super six’ bonded sheeting. A licence is required to undertake removal of asbestos over 10m2 and removalists must obtain approval from Workplace Services. Approval requires the preparation of a work method statement which forms the basis for conditions which may be assessed by Workplace Services. The specification for the demolition considers the identification and removal of asbestos including airborne fibre monitoring tests, decontamination procedures and sampling and final clearance inspections in accordance with the Approved Code of practice for the Safe Removal of Asbestos. Standard preventative measures are also in place such as perimeter fencing to prevent unauthorised access to the site. Royal Park Salvage, a licensed asbestos removalist, has the contract for the demolition of the wharf sheds. Workplace Services have approved their work method statement and conducted 3 visits to date to assess compliance with conditions of approval. No friable asbestos was present within or on the wharf sheds and there was no internal asbestos cladding. Results of airborne fibre monitoring tests have been negative indicating no contamination of the Port River or broader environment. Outstanding asbestos removal works are Sheds 10 (to be started later this week subject to weather) and Shed 5. Shed 5 works is not expected for at least 4 - 6 weeks. City Plan Improved public health and safety. (Objective)

CL - ES 7 5.07.05

DEMOLITION OF WHARF SHEDS, CONTD. Corporate Plan Minimise risk of conditions in the built environment and within the City that create a potential risk to health. (Strategy) RECOMMENDATION The Director’s report titled “Demolition of Wharf Sheds” be received.

CL - ES 8 5.07.05

ITEM 12.1.3 PROSTITUTION LEGISLATION AND PLANNING ASSESSMENT Summary At Council’s meeting held on 8 February 2005 the following resolution was carried:

“Cr. McLuskey moved that the Director Environmental Services bring a report back to Council that identifies issues associated with prostitution in the Council area. Cr. Basham seconded CARRIED.”

The following report is a response to the above request and provides a detailed overview of the issues related to assessment of development applications for premises believed to be associated with prostitution and also an outline of recent legislative amendments proposed to be introduced to regulate prostitution and brothels. Report It is understood that Council is concerned about the limited legislative powers available for local government to regulate prostitution and brothels across Metropolitan Adelaide. These concerns have arisen over time from the frustrations and complaints that have been expressed with Council by community members relating to several premises which were believed to be operating as brothels. Planning Assessment Council’s planning assessment for all development applications must be made against the provisions of development control outlined in the Development Plan. In performing its planning merit assessment Council must rely on the information submitted and statements made about the nature of development proposed by the applicant. This is the situation in all assessment matters despite the fact that Council may believe that an alternate use may actually be intended. In the absence of evidence to the contrary Council is obligated to assess the development application as proposed. Premises are quite often established without any prior approval or knowledge of Council and they come to Council’s attention through receipt of complaints from residents. In situations where Council has investigated such activities either the operators move the premises to an alternate location (such results are only achieved after considerable anxiety is experienced by the local community and after considerable resources are expended through enforcement action) or alternately the property owners/occupiers may choose to submit a development application for Council’s consideration.

CL - ES 9 5.07.05

PROSTITUTION LEGISLATION AND PLANNING ASSESSMENT, CONTD. In situations where Council has received development applications in the past the description of such development has been for a ‘personal services establishment (Massage Therapy)’. As mentioned above upon receipt of such an application Council is obligated to assess the application as submitted despite having concerns questioning the true nature of development proposed. Issues generally raised by the local community in the assessment process relate to impacts associated with the development being experienced through noise associated with patrons visiting and exiting the premises, the hours of operation, traffic and car parking and the activity being considered undesirable to be undertaken in a residential locality. In situations where such uses are proposed within residential zones sufficient planning argument is likely to exist to enable Council to refuse planning consent. If the use however is of such a small scale that enables the use to be associated with a dwelling as a ‘home activity’ it is far more difficult for Council to control or prevent. Similarly if the development is proposed to be undertaken within centre, commercial and or industrial type zones the external impacts of the use on adjacent land owners occupiers are likely to be minimal and the provisions of the development plan may in effect enable such development to occur in certain circumstances providing Council with limited planning powers to refuse consent. Prostitution Legislation - Planning Controls Council’s administration have received information from Norman Waterhouse Lawyers detailing recent legislative amendments that have been proposed which relate to the regulation of prostitution and brothels in the Port Adelaide Enfield Council area. The following information provides an outline of the details received. Research indicates that the most recent proposal to introduce legislation was in 1999-2000. Discussions with a member of staff at the Attorney General’s Department indicate that Bills in relation to prostitution or brothels have not been proposed any more recently than these dates. The report therefore only focuses on the form of the most recent Bills tabled and debated in Parliament. A package of Bills was introduced into the House of Assembly on 28 October 1999. The package consisted of a series of alternative Bills based on amending the Summary Offences Act 1953 and controlling prostitution by making it lawful to varying degrees and regulating it by special planning, advertising and public health provisions. The Bills as introduced were as follows: 1. Summary Offences (Prostitution) Amendment Bill; 2. Prostitution (Licensing) Bill; 3. Prostitution (Registration) Bill; 4. Prostitution (Regulation) Bill.

CL - ES 10 5.07.05

PROSTITUTION LEGISLATION AND PLANNING ASSESSMENT, CONTD. These Bills reflected alternative models developed on the basis of a public inquiry by a Cabinet Committee consisting of the Attorney General, the Minister for Human Services, the Minister for the Status of Women, the Minister for Local Government, and the Minister for Police, Correctional Services and Emergency Services. The Hon R. L. Brokenshire explained the differences between the Bills to the House of Assembly on 28 October 1999 as follows: • The Prostitution (Licensing) Bill was to create a new regime under which it is

only lawful to operate, participate in or use the services of a prostitution business if it meets licensing and registration standards. Lawful prostitution businesses were to come under the discipline of a State appointed board.

• The Prostitution (Registration) Bill was to create a new regime under which it is only lawful to operate, participate in or use the services of a prostitution business if both the business and its operator were registered.

• The Prostitution (Regulation) Bill was to create a new regime where it is lawful for an adult person who has not been convicted of a prescribed offence to operate or participate in a prostitution business.

Aside from further consideration of the Bills, the planning aspects tabled to Parliament were common to each Bill and so it becomes unnecessary in this context to distinguish between each. The second readings of the Summary Offences (Prostitution) Amendment Bill, the Prostitution (Registration) Bill and the Prostitution (Licensing) Bill were all negatived in the House of Assembly. The Prostitution (Regulation) Bill was amended in committee and carried at the third reading of the House of Assembly on 13 July 2000. The planning issues relating to prostitution formed Clauses 9 and 10 of the Prostitution (Regulation) Bill and the form that was carried in the third reading of the Bill to the House of Assembly on 13 July 2000 was as follows:

Application of Development Act Subject to Division

9. The Development Act 1993 applies, subject to this division, to a development involving the establishment of a brothel or use of premises as a brothel on the commencement date.

Developments Involving Brothels

10. The following applies in relation to a proposed development involving the

establishment of a brothel or use of premises as a brothel:

(a) the Development Assessment Commission is to be regarded as having been constituted under the Development Act 1993 as the relevant authority;

CL - ES 11 5.07.05

PROSTITUTION LEGISLATION AND PLANNING ASSESSMENT, CONTD.

(b) the development is to be regarded as having been assigned to category 2;

(ba) category 2 is to be taken to require notice of the application for

consent to be given to an owner or occupier of land within 200 metres of the land the subject of the application (in addition to the persons to whom notice is required to be given under the Development Act 1993);

(c) the Development Assessment Commission has, subject to paragraph

(d), a discretion to approve the development;

(d) the Development Assessment Commission is not to approve the development if -

(i) the part of a local government area in which the premises are,

or are to be, situated - (A) is zoned or set apart under the Development Plan for

residential use; or

(B) is a part of the local government area in which residential use is, according to the Development Plan, to be encouraged; or

(ii) the premises are situated within 200 metres of a school or other

place used for the education, care or recreation of children, a church or other place of worship or a community centre; or

(iii) the premises would have more than eight rooms available for

the provision of sexual services; or

(iv) in the opinion of the Development Assessment Commission the premises would, in conjunction with other brothels in the area, tend to establish a red light district, that is, an inappropriately high concentration of brothels in the same area; or

(v) approval would not be consistent with criteria prescribed by the

regulations.

(e) in deciding whether to approve the development, the Development Assessment Commission is to have regard to the provisions of the appropriate Development Plan but is not bound by those provisions.

CL - ES 12 5.07.05

PROSTITUTION LEGISLATION AND PLANNING ASSESSMENT, CONTD. The Prostitution (Regulation) Bill was read a third time in the Legislative Council where Clauses 9 and 10 were passed with one slight change to Clause 9, which was as follows:

“9. The Development Act 1993 applies, subject to this division, to a development involving the establishment of a brothel on the commencement date.”

Clause 10 was given considerable scrutiny by a Parliamentary Committee on 13 July 2000. Alternative amendments were considered to put the planning assessment into the hands of local councils. The Local Government Association (“the LGA”) made submissions on several aspects, particularly the modification of Category 2 applications. The LGA submission to the Parliamentary Committee of the House of Assembly on 13 July 2000 raised the following key questions: • Are local Councils better placed than the Development Assessment

Commission to assess the local dynamics associated with ‘brothel’ applications?

• Do the five criteria set out in the Bill properly address the planning criteria? • Is a Council’s Development Plan the better means to assign the planning

criteria? • Is the segregation of ‘brothel’ applications appropriate? • Would alterations to Council Development Plans adequately address these

concerns? The Committee resolved to keep Clause 10 in the form originally proposed. However, the whole Bill was negatived on 17 May 2001 and therefore did not come into effect as law. Council’s administration is not aware of any similar legislation presently proposed to deal with this issue. City Plan Vibrant, attractive and functional centres. (Objective) Corporate Plan Provide an efficient and effective development assessment service. (Strategies/Goal) Provide an efficient and effective inspectorial service that ensures legal requirements and community standards are met. (Strategies/Goal) RECOMMENDATION The Director’s report titled “Prostitution Legislation and Planning Assessment” be received and noted.

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ITEM 12.1.4 OUTSTANDING MATTERS – DIRECTOR ENVIRONMENTAL

SERVICES Summary The following are Council resolutions which require action or a report and are outstanding at this date: Minute Reference : 5 February 2003 Vide GSC Folio 1003 and 1 June

2005 Vide CL Folio 1282 Subject : Recycling Contract Upgrade Action due by : As soon as possible Comments : A report on the costs of upgrading recycling contract

to 110 litres (or similar) recycling bins for co-mingled recycling and the funding for consideration in budget formulation.

Minute Reference : 30 November 2004 Vide CL Folio 921 Subject : Notice of Motion – Sub-divisions – Cr Carol Martin Action due by : As soon as possible Comments : Tour of sites where sub-divisions have been

approved by staff and that the timing for the inspection day arrangements be left to the discretion of the Director, Environmental Services.

Minute Reference : 18 January 2005 Vide CL Folio 950 Subject : Maintenance cost of Significant Trees Action due by : As soon as possible Comments : Further report on cost to estimate the number of

significant trees, estimate the level of demand for assistance and cost estimate for preparation of significant tree register.

Minute Reference : 1 March 2005 Vide CL Folio 1088 Subject : Unsightly and Hazardous Properties Action due by : As soon as possible Comments : A report on what Council could present as a position

to the State Government and the Local Government Association Executive Meeting in order to seek legislative changes to manage the problem of unsightly conditions and inflammable growth on residential properties.

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OUTSTANDING MATTERS – DIRECTOR ENVIRONMENTAL SERVICES, CONTD. Minute Reference : 22 March 2005 Vide CL Folio 1096 Subject: : Role of the Development Assessment Panel

Members Action due by : As soon as possible Comments : A further report with recommendations to strengthen

and clarify provisions regarding contact between members of the Panel and applicants and/or representatives.

Minute Reference : 1 June 2005 Vide CL Folio 1252 Subject : Development Enforcement – Entech, Dudley Park Action due by : As soon as possible Comments : A report to the progress of this matter. Minute Reference : 1 June 2005 Vide CL Folio 1283 Subject : Environment Protection Authority Requirements for

Adelaide Brighton Cement, Birkenhead Action due by : As soon as possible Comments : A report outlining the EPA requirements that

Adelaide Brighton Cement is required to meet. The report is also to include the number and nature of complaints received by Council regarding the site over the past 2 years.

RECOMMENDATION That Council resolve that the Director Environmental Services Report regarding the following outstanding matters, be received and noted: 1. A report on the costs of upgrading recycling contract to 110 litres (or similar)

recycling bins for co-mingled recycling. 2. Tour of sites where sub-divisions have been approved by staff. 3. A further report on current cost estimate for preparation of a significant tree

register. 4. A report on what Council could present as a position in order to seek legislative

changes to manage the problem of unsightly conditions and inflammable growth on residential properties.

5. A further report with recommendations to strengthen and clarify provisions regarding contact between members of the Panel and applicants and/or representatives.

6. A report to the progress of development enforcement – Entech. 7. A report outlining the EPA requirements that Adelaide Brighton Cement is

required to meet.

CL - TS 1

DIRECTOR OF TECHNICAL SERVICES REPORT - WALLY IASIELLO

5 JULY 2005

CL - TS 2 5.07.05

Table of Contents ITEM 12.2.01. PARKING CONTROLS – ST. VINCENT ST, PORT ADELAIDE

(PA)....................................................................................................3

ITEM 12.2.02. PARKING CONTROLS – DIVETT STREET, PORT ADELAIDE (PA)....................................................................................................5

ITEM 12.2.03. PARKING CONTROLS – MOORE STREET, BIRKENHEAD (S) ......................................................................................................7

ITEM 12.2.04. PARKING CONTROLS – OSBORNE ROAD, NORTH HAVEN (OH) ...................................................................................................9

ITEM 12.2.05. CROYDON PARK LOCAL AREA TRAFFIC MANAGEMENT (P) ....................................................................................................11

ITEM 12.2.06. FOOTPATHS IN BROADVIEW AND SURROUNDING AREAS (E) ....................................................................................................13

ITEM 12.2.07. DECLARATION TANKER FREE ZONE (P, PA, S).........................15

ITEM 12.2.08. OUTSTANDING MATTERS – DIRECTOR TECHNICAL SERVICES .......................................................................................17

ITEM 12.2.09. NOMINATIONS FOR THE SA FIRE AND EMERGENCY SERVICES COMMISSION ADVISORY BOARD.............................19

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COMPOSITE RECOMMENDATION – ITEMS 12. 2. 01 TO 12. 2. 08 That the recommendations contained in Agenda items numbered 12.2.01 to 12.2.08 be adopted. ITEM 12.2.1 PARKING CONTROLS – ST. VINCENT ST, PORT ADELAIDE (PA) Summary The following report deals with the proposed change to time limit parking at St. Vincent Street Port Adelaide. Report The portion of roadway relating to this report is located between Commercial Road and Lipson Street Port Adelaide. Refer to sketch below. Council staff received a request to review the one hour time limit parking currently in effect at the frontage of businesses at 226-234 St. Vincent Street Port Adelaide. A business operator expressed concern that the one hour time limit is insufficient time limit for customers and visitors to the area. Portions of two hour time limit parking are currently in effect immediately across from the location and the request was to amend the one hour to two hour time limit parking and retain the current operating times. The request was assessed and in considering business requirements was deemed appropriate. Written consultation was conducted with all neighbouring businesses that may be affected by the proposed change and no objections were received. City Plan An attractive accessible safe and vibrant City with high quality public spaces transport infrastructure well designed living environments and precincts designed to stimulate the growth of business and industry (Goal). A safe efficient and sustainable transport system (Objective). Corporate Plan Minimise hazards to the public on roads and footpaths (Strategy).

…/…

CL - TS 4 5.07.05

PARKING CONTROLS – ST. VINCENT ST, PORT ADELAIDE CONTD.

±

PROPOSED PARKINGST. VINCENT ST

PORT ADELA

ST. VINCENT ST

COM

MERCIAL RD

2P9am - 5pmMON - FRI

8am - 12 noonSAT

Lipson St

RECOMMENDATION That pursuant to the provisions of the ARestrictions on Stopping and Parking, Counci 1. The following area is revoked:

1.1. Parking Area – One Hour Time Limi1PZ318 St. Vincent Street Port Ad Southern half of the roadway from 25Lipson Street to 9.8 metres east of thfrom 9.00 am – 5.00 pm Monday – Fri45 degrees to the kerb.

2. The following parts of the public places

2.1. Parking Area – Two Hour Time Limi2PZ234 St. Vincent Street Port Ad Southern half of the roadway from 25Lipson Street to 10 metres east of thfrom 9.00 am – 5.00 pm Monday – Fri45 degrees to the kerb.

KylePlace

CONTROLSREETIDE

ustralian Road Rules 1999, Part 12, l hereby declares:

t elaide

.5 metres west of the intersection with e intersection with Kyle Place to apply

day and 8.00 am – 12 noon Saturday at

are:

t elaide

.5 metres west of the intersection with e intersection with Kyle Place to apply day and 8.00 am – 12 noon Saturday at

CL - TS 5 5.07.05

ITEM 12.2.2 PARKING CONTROLS – DIVETT STREET, PORT ADELAIDE (PA) Summary The following report deals with the proposed introduction of a Permit Zone at Divett Street Port Adelaide. Report The portion of roadway relating to this report is between Lipson Street and Commercial Road. Refer to sketch below. Council staff received a request from a resident seeking the introduction of permit parking for residents. The resident’s property does not provide off-street parking and as a result access to parking within proximity of the property is only available on-street. The resident acknowledges that during the business day time limit parking is accessed by customers and residents alike and residents are eligible to apply for parking exemptions to park beyond the time limit. However in recent times the resident is experiencing some difficulty accessing parking within proximity of the residence after hours and on weekends. To provide fair and equitable access to on-street parking for customers, residents and visitors to the area it is proposed to introduce a portion of Permit Zone parking for Resident Parking Only to apply after business hours. It is expected that the proposed parking controls will have minimal impact to the surrounding environment and as the Permit Zone will only apply after business hours it will provide more access to parking for residents. Written consultation was conducted with adjoining properties and no objections were received. City Plan An attractive accessible safe and vibrant City with high quality public spaces transport infrastructure well designed living environments and precincts designed to stimulate the growth of business and industry (Goal). A safe efficient and sustainable transport system (Objective). Corporate Plan Minimise hazards to the public on roads and footpaths (Strategy).

…/…

CL - TS 6 5.07.05

PARKING CONTROLS – DIVETT STREET, PORT ADELAIDE CONTD.

DIVETT ST

LIPSON ST

KARATTA

COMM

ERCIAL RD

MERCANTILE

MEMPES ST

McLAREN PDE

CALTON ST

WARRAWEE

JANE ST

McLAREN PDE

±

PROPOSED PARKING CONTROLSDIVETT STREETPORT ADELAIDE

PERMIT ZONERESIDENT

PARKING ONLYAT OTHER TIMES

RECOMMENDATION That pursuant to the provisions of the Australian Road Rules 1999, Part 12, Restrictions on Stopping and Parking, Council hereby declares: 1. The following parts of the public places are:

1.1. Restricted Area - Permit Zone PE095 Divett Street Port Adelaide Northern half of the roadway from 12.4 metres west of the intersection with Lipson Street to 18 metres west of the said intersection to apply at other times.

CL - TS 7 5.07.05

ITEM 12.2.3 PARKING CONTROLS – MOORE STREET, BIRKENHEAD (S) Summary The following report deals with the proposed change of a No Parking area at Moore Street Birkenhead. Report The portion of roadway relating to this report is within proximity of the Le Fevre Primary School. Refer to sketch below. In March 2005 Council approved the introduction of a No Parking area to apply from 9.00 am – 5.00 pm Monday – Friday at a portion of Moore Street. Since installation of the signs Council staff have received complaints regarding the operating times. Visitors to the area and neighbours have expressed concerns at the restriction to on-street parking outside of school peak operating times. Discussions held with complainants confirmed that prohibited parking should apply during peak morning and afternoon school times and parking should be permitted outside of peak times. The concerns raised are valid and further assessment of the matter also confirmed that rear access to a neighbouring property is provided at this portion of the roadway and it was an oversight not to have consulted the neighbour with the original proposal for the introduction of parking controls. A further concern was raised that the regulatory 10 metre parking from an unsignalised intersection or T-intersection is insufficient buffer for vehicles to enter and exit the roadway safely. Considering the concerns raised and the limited on-street parking available at Moore Street it is proposed to amend the operating times of the No Parking area to 8.00 am – 9.00 am and 3.00 pm 4.00 pm School Days and increase the prohibited parking distance from the T-intersection. These minor changes will reflect the school peak operating times enhancing pedestrian safety and motorist safety at this portion of the roadway and provide parking for visitors to the area outside of peak times. Written consultation was conducted with residents who may be affected by the proposed changes and no objections were received. City Plan An attractive accessible safe and vibrant City with high quality public spaces transport infrastructure well designed living environments and precincts designed to stimulate the growth of business and industry (Goal). A safe efficient and sustainable transport system (Objective).

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PARKING CONTROLS – MOORE STREET, BIRKENHEAD CONTD. Corporate Plan Minimise hazards to the public on roads and footpaths (Strategy).

±

PROPOSED PARKING CONTROLSMOORE STREET

BIRKENHEAD

NO PARKING8.00 am - 9.00 am3.00 pm - 4.00 pmSCHOOL DAYS

LE FEVREPRIMARYSCHOOL

NOPARKING

MOORE ST

CLO

SE ST

SEMAPHORE RD

RECOMMENDATION That pursuant to the provisions of the Australian Road Rules 1999, Part 12, Restrictions on Stopping and Parking, Council hereby declares: 1. The following area is revoked:

1.1. Prohibited Area – No Parking NP623 Moore Street Birkenhead Northern half of the roadway from 10 metres east of the T-intersection with Close Street to 30 metres east of the said T-intersection to apply from 9.00 am – 5.00 pm Monday – Friday.

2. The following parts of the public places are:

2.1. Prohibited Area – No Parking NP626 Moore Street Birkenhead Northern half of the roadway from 15 metres east of the T-intersection with Close Street to 30 metres east of the said T-intersection to apply from 8.00 am - 9.00 am and 3.00 pm – 4.00 pm School Days.

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ITEM 12.2.4 PARKING CONTROLS – OSBORNE ROAD, NORTH HAVEN (OH) Summary The following report deals with the proposed introduction of No Stopping areas at Osborne Road North Haven. Report The portion of roadway relating to this report is within proximity of Lady Gowrie Drive North Haven. Refer to sketch below. Council staff received concerns from motorists regarding parking of vehicles across wheelchair ramps at the frontage of 3 & 4 Osborne Road North Haven. In 2004 ramps were constructed to provide a safer place for road users crossing at this portion of Osborne Road and vehicles parked at this location obstruct access to the ramps for pedestrians and other road users. To provide a clear passage and enhance pedestrian safety at this portion of Osborne Road it is proposed to introduce No Stopping areas for a distance of approximately 1 metre either side of the ramps. Considering the aesthetic environment at the location it is further proposed that solid yellow line marking be installed without signage. A site assessment of the matter confirmed that the line marking will be less obtrusive and introduction of the prohibited parking areas will have minimal impact to the surrounding environment. Written consultation was conducted with the two households who will be affected by the proposal and no objections were received. City Plan An attractive accessible safe and vibrant City with high quality public spaces transport infrastructure well designed living environments and precincts designed to stimulate the growth of business and industry (Goal). A safe efficient and sustainable transport system (Objective). Corporate Plan Minimise hazards to the public on roads and footpaths (Strategy).

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PARKING CONTROLS – OSBORNE ROAD, NORTH HAVEN CONTD.

SALEM CT

SEA SPRAY AVE

±

PROPOSED PARKING CONTROLSOSBORNE ROADNORTH HAVEN

OSBORNE RD

LADY G

OW

RIE D

VE

NOSTOPPING

NOSTOPPING

RECOMMENDATION That pursuant to the provisions of the Australian Road Rules 1999, Part 12, Restrictions on Stopping and Parking, Council hereby declares: 1. The following parts of the public places are:

1.1. Prohibited Area – No Stopping NS2134 Osborne Road North Haven Northern half of the roadway from 37.5 metres east of the T-intersection with Lady Gowrie Drive to 42 metres east of the said intersection.

1.2. Prohibited Area – No Stopping NS2135 Osborne Road North Haven Southern half of the roadway from 37.5 metres east of the T-intersection with Lady Gowrie Drive to 42 metres east of the said intersection.

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ITEM 12.2.5 CROYDON PARK LOCAL AREA TRAFFIC MANAGEMENT (P) Summary This report summarises the results of the questionnaires associated with the Croydon Park Local Area Traffic Management Study. Report At the Council meeting of 22 July 2003 (Item 12.2.13): ‘Cr. Croci moved that Council resolve that: 1. The proceedings of the meeting of the ‘Croydon Park Local Area Traffic

Management Street Resident Advisory Committee meeting’ held at the St Margaret Mary’s Primary School Staff Room on Monday 30 June 2003 be received and noted.

2. The Director of Technical Services writes to Transport SA and the City of Charles Sturt requesting ‘support in principle’ for the restriction of through movements at the signalised intersection of Rosetta Street/Liberton Avenue and Torrens Road for Liberton Avenue and Rosetta Avenue traffic.

3. Subject to (2) above, consultation occurs with Croydon Park residents, businesses and property owners (bounded by Days, Regency and Torrens Road) on the agreed traffic management proposals.

Cr. Bradbrook seconded CARRIED.’ In accordance with the above recommendations, advice was received from Transport SA and The City of Charles Sturt supporting in principle the ‘restriction of through movements at the intersection of Rosetta Street and Liberton Avenue’. This advice was only forthcoming from these two agencies earlier this year, hence the delay in progressing this project. Since this time, in accordance with Recommendation (3) above a questionnaire, plan and covering letter has been forwarded to all residents, businesses and property owners within the subject area (bounded by Days Road, Regency Road and Torrens Road) on the traffic management proposals. Approximately 720 letters were distributed and 157 were returned representing a return rate of approximately 22% (fairly typical for this type of questionnaire). A summary of the results of the questionnaire is shown in the table below. Question: Do you agree to the Draft Traffic Management proposals for the Croydon Park (part) area? Total agreement 95 (60%) Partial agreement 40 (26%) Totally Opposed 22 (14%) TOTAL 157

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CL - TS 12 5.07.05

CROYDON PARK LOCAL AREA TRAFFIC MANAGEMENT CONTD. As shown above, there is general support (60%) for the Draft Traffic Management Plan to be implemented throughout the entire local area. However, this support is not strong enough to justify the installation of the entire traffic management plan without careful scrutiny of the results of the questionnaires and further consideration by the Street Resident Advisory Committee (SRAC). It should be noted that as a result of the traffic management investigations, a petition was received from residents of Boomerang Road and Little Street and at the Council meeting of 1 June 2005 (Item 8.1): ‘Cr. Bradbrook moved that Council resolve as follows:- 4. The petition be received and noted. 5. The petition be referred to the Director of Technical Services for further

investigation and report to Council. 6. The principal signatory to the petition, Ms Chloe Rizopoulos of 14 Boomerang

Road, Croydon Park, be advised of the receipt of the petition by Council and the action proposed to be taken.

Cr. Jamieson seconded CARRIED.’ Accordingly, it is suggested that arrangements be made to advise the SRAC of the results of this consultation and the petition and arrange for a meeting to discuss the questionnaire results and the proposed course of action from here. City Plan An attractive, accessible, safe and vibrant City with high quality public spaces, transport infrastructure, well-designed living environments and precincts designed to stimulate the growth of business and industry (Goal). A safe, efficient and sustainable transport system (Objective). Corporate Plan Identify hazardous traffic localities, and implement controls to address identified hazards (Strategy). RECOMMENDATION That Council resolves that:

1. The ‘Croydon Park Local Area Traffic Management’ report be received and noted.

2. The Director of Technical Services arranges for notification to the Street Resident Advisory Committee of the results of the Croydon Park Local Area Traffic Management questionnaire consultation and a meeting to discuss these results.

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ITEM 12.2.6 FOOTPATHS IN BROADVIEW AND SURROUNDING AREAS (E) Summary The following report summarises the condition of footpaths in Broadview and surrounding areas (vide Council minutes 1 June 2005, Page CL 1282, Item 16.5). Report Footpaths were constructed in local streets in Broadview and surrounding areas in the late 1970's and early 1980's. The paths are constructed of concrete with the concrete crossovers constructed in conjunction with the paths. The paths are in relatively good condition and no visible deterioration is occurring of the surface. In a number of locations the paths have been lifted by tree roots and/or natural soil movement causing the possibility of a trip hazard. The length of path affected by this movement is relatively minor in comparison to the overall length of paths throughout the suburbs. Council repair the paths as requested by residents or as identified by Council staff inspection. It is expected the paths would be serviceable for at least another 25 years. The pedestrian ramps constructed with the paths generally do not comply with the current Australian Standards. The ramps are upgraded in conjunction with adjacent kerb or footpath maintenance (or as a result of resident requests) as is the case with similar requests across the City. Paths on Arterial roads i.e. Regency Road, Hampstead Road, Main North Road and Muller Road were constructed of bitumen approximately 30 years ago. These paths have been upgraded to paving over the last few years including wheelchair ramps and bus stops. Reconstruction of these paths is continuing and has been approved as part of Council's 3 year Footpath Construction Programme. City Plan An attractive, accessible, safe and vibrant City with high quality public spaces, transport infrastructure, well-designed living environments and precincts designed to stimulate the growth of business and industry (Goal). A safe, efficient and sustainable transport system (Objective). Corporate Plan Minimise hazards to the public on roads and footpaths (Strategy).

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CL - TS 14 5.07.05

FOOTPATHS IN BROADVIEW AND SURROUNDING AREAS CONTD. RECOMMENDATION That Council resolves:

1. That the report on the condition of footpaths in Broadview and surrounding areas be received and noted.

2. That the upgrading of wheel chair ramps to current Australian Standards be continued within the current maintenance budgets.

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ITEM 12.2.7 DECLARATION TANKER FREE ZONE (P, PA, S) Summary This report provides information from the Minister for Transport regarding the prohibition on cartage of dangerous substances in the Port Adelaide Centre. Report At the Council meeting held on 8 February 2005, Vide CL 1025, Item 16.2 the following resolution was carried:

“Cr. McKay moved that the City of Port Adelaide Enfield declare the centre of Port Adelaide a tanker free zone and that an approach be made to the respective Minister to get some guarantee that fuel tankers will not go through the centre of Port Adelaide when the Expressway is completed. Cr. Jamieson seconded CARRIED.”

In accordance with the above a letter of request was prepared dated 25 February 2005 and forwarded to the Minister for Transport for consideration. I am able to advise that a response has been received from the Minister wherein Council have been advised that for the Government to implement a prohibition on cartage of dangerous substances in the Port Adelaide Centre it requires demonstrable evidence of the safety risks associated with the cartage of dangerous substances in the area proposed for the prohibition. Further a prohibition would only be imposed for clear and unambiguous safety reasons. In South Australia, fuel carters, along with vehicles transporting other dangerous substances as defined under the Dangerous Goods and Substances Act 1979, are prohibited in only three locations viz Bay Road Mount Gambier, John Watson Drive Mount Gambier and Ocean Boulevard Seacliff Park. The Government is aware that an arrangement exists between Council and fuel companies operating out of the peninsula, whereby operators use the existing heavy vehicle by-pass via Causeway Road, Bower Road and Grand Junction Road. Transport SA will ensure that this route is maintained at a standard to enable this to continue. It is considered that the “informal agreement” that exists between Council and fuel companies operating out of the peninsula is operating well and is one which the fuel companies embrace voluntarily because of the responsible attitude of the industry and benefits of using the existing heavy vehicle by-pass. Completion of the Port River Expressway will also offer a significant incentive for all heavy vehicle operators to avoid travel through the Port Centre due to the alternative being much quicker and safer. The completion of the Third River Crossing will also provide the opportunity for traffic calming measures to be installed along St Vincent Street and Commercial Road to further mitigate the effect of heavy vehicles along these routes. In addition the proposal to impose a limit on the Birkenhead Bridge by way of prohibiting multi axle vehicles ie those having more than two axles, from travelling over it will further add to the above.

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DECLARATION TANKER FREE ZONE CONTD. City Plan An attractive, accessible, safe and vibrant City with high quality public spaces, transport infrastructure, well-designed living environments and precincts designed to stimulate the growth of business and industry (Goal). A safe, efficient and sustainable transport system (Objective). Corporate Plan Minimise hazards to the public on roads and footpaths (Strategy). RECOMMENDATION That Council resolves that:

1. The report on ‘Declaration – Tanker Free Zone” be received and noted; 2. In view of the strategies outlined in the report with reference to the removal of

fuel tankers and heavy vehicles from the centre of Port Adelaide no further action is required regarding this matter at this time.

3. Following completion of the Expressway and Third River Crossing a further report be brought back to Council outlining the progress of 2 above.

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ITEM 12.2.8 OUTSTANDING MATTERS – DIRECTOR TECHNICAL SERVICES Summary Resolutions which require action or a report and are at this date outstanding are:- Minute Reference : 19 October 2004, Page CL 875, Item 14.2 Subject : Fencing Around Playgrounds and Reserves Action Due By : Comments : Being addressed as part of the Sport & Recreation Open Space Plan.

Minute Reference : 21 December 2004, Page CL 929, Item 12.2.05 Subject : Proposed Painted Median Scheme – OG Rd, Klemzig Action Due By : Comments : Plans are being amended by Transport SA as a result of

letters to affected residents and businesses. Anticipated will be submitted to Council at the 14 June 2005 meeting.

Minute Reference : 21 December 2004, Page CL 930, Item 12.2.01 Subject : Request for New Seat and Bus Shelter, Causeway Road, Ethelton. Action Due By : Comments : Response from TransAdelaide/Office of Public Transport

being awaited regarding the possible upgrade of the Ethelton Railway Station.

Minute Reference : 18 January 2005, Page CL 952, Item 12.2.02 Subject : Road Safety/Parking Controls – Prospect Road, Blair Athol/Kilburn Action Due By : Comments : Being addressed as part of the Urban Design Framework

Project for Prospect Road. Minute Reference : 18 January 2005, Page CL 953, Item 12.2.04 Subject : River Torrens Linear Park Action Due By : Comments : Awaiting further information from Office of Recreation and

Sport and Transport SA.

Minute Reference : 18 January 2005, Page CL 953, Item 12.2.03 Subject : Catchment Management Subsidy Scheme – Applications 2005/2006 Action Due By : Comments : Information being collected on cost of projects to date.

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OUTSTANDING MATTERS – DIRECTOR TECHNICAL SERVICES CONTD.

Minute Reference : 22 March 2005, Page CL 1140, Item 12.2.20 Subject : Policy Review – Sale and Disposal of Land and Other Assets Action Due By : Comments : Further report to be presented to Council. Minute Reference : 12 April 2005, Page CL 1221, Item 16.2 Subject : Car Parking in Balmoral Street, Hillcrest Action Due By : Comments : Investigation to be undertaken following completion of

road reconstruction. Minute Reference : 3 May 2005, Page CL 1240, Item 16.1 Subject : Closure of Hudson Avenue, Croydon Park Action Due By : Comments : Data collection to be undertaken prior to report being

submitted to Council. Minute Reference : 1 June 2005, Page CL 1282, Item 16.4 Subject : Traffic Management on Fosters Road Action Due By : Comments : Referred to Transport SA, Minister for Transport, Member

for Torrens and Opposition Transport Spokesperson. RECOMMENDATION That Council resolve that the report of the Director of Technical Services regarding the undermentioned outstanding items, be received and noted:- 1. Fencing Around Playgrounds and Reserves, 2. Proposed Painted Median Scheme – OG Rd, Klemzig, 3. Request for New Seat and Bus Shelter, Causeway Road, Ethelton, 4. Road Safety/Parking Controls – Prospect Road, Blair Athol/Kilburn 5. River Torrens Linear Park, 6. Catchment Management Subsidy Scheme – Applications 2005/2006, 7. Policy Review – Sale and Disposal of Land and Other Assets, 8. Car Parking in Balmoral Street, Hillcrest, 9. Closure of Hudson Avenue, Croydon Park, 10. Traffic Management on Fosters Road.

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ITEM 12.2.9 NOMINATIONS FOR THE SA FIRE AND EMERGENCY SERVICES

COMMISSION ADVISORY BOARD Summary The SA Fire and Emergency Services Commission has written to the LGA inviting nominations for the SA Fire and Emergency Services Commission Advisory Board and nominations are now invited from all Councils. Report The SA Fire & Emergency Services Commission (SAFECOM) is proposed to be established as a result of a State Government initiated review of emergency services in SA in 2003. Establishment of SAFECOM will replace the Country Fire Service, SA Metropolitan Fire Service and State Emergency Service Boards. In addition the Bill proposes the establishment of a Fire and Emergency Services Advisory Board. The Bill is currently in the Legislative Council of State Parliament and the legislation could be enacted in July 2005. All appointments made to the Advisory Board will be made by the Minister for Emergency Services, the Hon Carmel Zollo MLC, for a term of up to three years, although it is expected that the initial appointments will be for a term of two years. One member of the Advisory Board is to be appointed on the nomination of the LGA. A summary of the Role and Functions of Body (Part A) has been supplied to all Members and appears as Attachment 1 to the Director’s report. Nominations must be received by the LGA by no later than the close of business on Monday 18 July 2005 using the attached Form B (a copy of the Part B Form has been supplied to all Members and appears as Attachment 2 to the Director’s report. Sitting fees are to be determined by the Office of the Commissioner of Public Employment, and a submission has been forwarded by the LGA requesting this information. The Advisory Board will meet bi-monthly. The LGA State Executive Committee will consider all nominations received at its meeting on 21 July 2005 City Plan Quality community assets and infrastructure that support our economic, social and environmental goals (Goal).

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NOMINATIONS FOR THE SA FIRE AND EMERGENCY SERVICES COMMISSION ADVISORY BOARD CONTD. Corporate Plan Community pride in the quality of the Council and its Administration (Function Goal). RECOMMENDATION That Council resolve that ;

1. The report regarding nominations for the SA Fire & Emergency Services Commission be received and noted.

2. Council nominates Cr ………….. SA Fire & Emergency Services Commission

CL - CD 1

DIRECTOR OF COMMUNITY DEVELOPMENT REPORT

- MALCOLM HERRMANN

5 JULY 2005

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Table of Contents ITEM 12.3.01. HISTORY WEEK PROGRAM 2005 - “HISTORY TALKS:

MEMORIES REVIVED” .....................................................................3

ITEM 12.3.02. LIBRARY AND INFORMATION WEEK 2005....................................5

ITEM 12.3.03. RESPONSE FROM THE MINISTER OF RECREATION, SPORT AND RACING REGARDING A REQUEST TO REVIEW FUNDING POLICY FOR THE FACILITIES GRANTS PROGRAM ........................................................................................6

ITEM 12.3.04. COMMUNITY DEVELOPMENT GRANT PROGRAM – PRIORITY FUNDING AREAS SEPTEMBER 2005 ...........................8

ITEM 12.3.05. OUTSTANDING MATTERS – DIRECTOR COMMUNITY DEVELOPMENT..............................................................................10

ITEM 12.3.06. PORT ADELAIDE ENFIELD COMMUNITY DEVELOPMENT GRANTS PROGRAM AND COMMUNITY ARTS GRANTS PROGRAM – SELECTION PANEL NOMINATIONS.......................11

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COMPOSITE RECOMMENDATION – ITEMS 12. 3. 01 TO 12. 3. 05. That the recommendations contained in Agenda items numbered 12. 3. 01 to 12. 3. 05 be adopted. ITEM 12.3.1 HISTORY WEEK PROGRAM 2005 - “HISTORY TALKS:

MEMORIES REVIVED” Summary The Council through the Port Adelaide Enfield Public Library Service’s History Week program “History Talks: Memories Revived” featured five talks, one at each of the five branches. Extending the actual week to start on Sunday, 22 May and go through to Sunday, 5 June 2005, the sessions featured a selection of speakers which brought to life aspects of the various areas that make up the Port Adelaide Enfield Council district. Report History Week (22-29 May) is organised by the History Trust of South Australia. The first History Week was organised in 2004. The History Trust invites organisations and community groups who wish to promote their part in South Australia’s history to register activities for inclusion in the program. The Trust provides a program of events and liaises with metropolitan and regional media to promote the week and supports participants in promoting their own events. The Library Service’s History Week program featured the following sessions and speakers: Greenacres Library - Council Office 22 May 2005 - 2.30 pm - 4.30 pm Ron Bonner - former Mayor of the City of Enfield talked about the Enfield area John McGregor talked about the Gepps Cross Migrant Hostel Jean Lang talked about the history of Klemzig Judith Ryan talked about the history of Greenacres and Northfield Semaphore Library 22 May 2005 - 2.30 pm - 4.30 pm Gundy Lawrence talked about growing up on the Peninsula in the 20s and 30s. Heather Hartshorne talked about the beginnings of Semaphore. Thanks go to the Port Adelaide Historical Society for supporting this session with an interesting display of photographs. Parks Library - Council Office 29 May 2005 - 2.30 pm - 4.30 pm Max Slee talked about the Day Family History Kath Dixon talked about the history of The Parks area Derek Ball talked about The Parks area.

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HISTORY WEEK PROGRAM 2005 - “HISTORY TALKS: MEMORIES REVIVED”, CONTD. Enfield Library - Council Office 5 June 2005 - 2.30 pm - 4.30 pm Joyce Hopkins, former Councillor of the City of Enfield, talked about the history of Enfield Ian Robertson talked about the Gepps Cross Migrant Hostel Denis Robinson, former staff member of the City of Enfield, talked about the history of Enfield and Northfield. David Johnston talked about the history of Blair Athol Port Adelaide Library 5 June 2005 - 2.30 pm - 4.30 pm Marcia Munn, wife of Rex Munn, a former Waterside worker, talked about being the wife of a wharfie and working in the local community Darryl Thompson, author of ‘Men of Metal’ talked about his life as a metal worker in the area Over 80 people attended the sessions. Participants’ comments were really positive; for some, the sessions awakened memories and for others opened up new lines of enquiry. The Library Service has been encouraged by the response and has decided to be involved in the 2006 History Week program. City Plan A social fabric that strongly reflects community and cultural identities and assures social health. (Goal) Corporate Plan Provide a range of information, resource materials and information technology through accessible library services to the community. (Strategy/Goals) RECOMMENDATION That the Director’s report regarding the History Week Program 2005 - “History Talks: Memories Revived” be received and noted.

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ITEM 12.3.2 LIBRARY AND INFORMATION WEEK 2005 Summary The Council through the Port Adelaide Enfield Public Library Service celebrated Library and Information Week 2005 with a range of activities, displays and events throughout the Council area (23-29 May 2005). Report Library and Information Week (LIW) highlights the important role that libraries play within today’s community, for both recreational and learning purposes. The themes chosen for LIW this year were: “Year of Sport and Physical Education” and “Year of Physics”. The Library Service offered Interactive Science Displays at 5 sites, Huff and Puff Science Shows at all branches for children R-7, Domino Rallies at Enfield and Semaphore Libraries and a Photographic Competition promoting a sporting theme and various displays. Port Adelaide Enfield Public Library Service also launched its new public image, promotional banners and a powerpoint presentation highlighting the library profile. All the activities were very popular with the Investigator Science Shows accommodating up to 70 children per show. The Photographic Competition identified new talent in the community in various categories and age groups. The events fostered excellent working relationships with the Science and Investigator Centre and The Messenger press and brought local communities closer to the libraries. City Plan A social fabric that strongly reflects community cultural identities and assures social health. (Goal) Corporate Plan Provide opportunities, services and facilities that meet the social, recreational and cultural needs of the community. (Strategy/Goal) Encourage and support the community to express, explore and celebrate local culture and diversity. ((Strategy/Goal) Provide programs, activities and services that are equitably distributed throughout the City and are accessible to those who are in need. ((Strategy/Goal) RECOMMENDATION That the report regarding Library and Information Week 2005 be received and noted.

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ITEM 12.3.3 RESPONSE FROM THE MINISTER OF RECREATION, SPORT

AND RACING REGARDING A REQUEST TO REVIEW FUNDING POLICY FOR THE FACILITIES GRANTS PROGRAM

Summary Council resolved in January 2005 that the Director Community Development write to the Minister of Recreation, Sport and Racing, requesting a review of policy in relation to the Facilities Grants Program. A response has been received from the Minister. Report At its meeting of 18 January 2005 (Vide Folio CL 1001, Item 16.1), Council resolved as follows:-

“… the Director Community Development write to the Minister Sport and Recreation seeking a review of the Policy regarding Councils not having to wait for the acquittal of grants prior to applying for further grants.”

Following this resolution, the Director Community Development wrote to the Minister of Recreation, Sport and Racing requesting a review of the policy relating to the Facilities Grants Program be undertaken. (A copy of the letter dated 21 January 2005, from the Director Community Development to the Minister for Recreation, Sport and Racing, has been supplied to all Members and appears as Attachment 1 to the Director’s Report). The Director has received a response stating that the Minister understands the practical implications of the criteria limit organisations to only one grant at any time. However the policy of not allowing grants to be awarded to any organisation without having acquitted any previous grants is designed to provide all recreation and sport stakeholders with accessibility to the grants program. The Minister further states that as a result of a Grants Review conducted in 2003, feedback from the recreation and sport industry supported this policy. (A copy of the letter dated 10 June 2005 from the Minister of Recreation, Sport and Racing to the Director Community Development has been supplied to all Members and appears as Attachment 2 to the Director’s Report). City Plan Quality community assets and infrastructure that support our economic, social and environmental goals. (Goal)

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RESPONSE FROM THE MINISTER OF RECREATION, SPORT AND RACING REGARDING A REQUEST TO REVIEW FUNDING POLICY FOR THE FACILITIES GRANTS PROGRAM, CONTD. Corporate Plan Provide community centres, halls, clubrooms and sporting facilities as a focal point for community development, leisure and sporting activities. (Strategy / Goal) RECOMMENDATION That the Director’s Report regarding the Response from the Minister of Recreation, Sport and Racing regarding a Request to Review Funding Policy for the Facilities Grants Program, be received and noted.

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ITEM 12.3.4 COMMUNITY DEVELOPMENT GRANT PROGRAM – PRIORITY

FUNDING AREAS SEPTEMBER 2005 Summary This report provides recommendations for the priority funding areas for the Community Development Grants Program funding round of 30 September 2005. This is in accordance with Council Resolution of 10 November 1998. Report Eligible groups and organisations will again be invited to apply for funding of up to $4,000.00 per annum for the establishment or expansion of a community development activity, program or project. Funding priorities for this funding round have been based upon:

• community need • assessed activity, program and project “gaps” • objectives and strategies identified through Council’s Strategic Planning

process The priority areas for the March 2005 funding round were:

• Programs that support the development of independent living skills and encourage social inclusion, health and well-being.

• Supporting opportunities for primary school aged Indigenous children to learn new skills; increase their self-esteem and assist them towards becoming active members of the community.

• Projects that encourage community participation in the process of decision making and local governance.

• Projects that promote cultural awareness and understanding and celebrate our rich cultural diversity.

• Activities that acknowledge and celebrate the contributions of young people to our community.

In developing the suggested priorities for the September 2005 funding round consultations have occurred with Council staff and community agencies. Recommendations for priority-funding areas were sought based upon the established criteria of the program and community issues identified by those consulted through their association and work with the Port Adelaide Enfield community. Further enquiries for funding are documented to establish who is currently seeking financial support and the purpose of their enquiry. On this basis the following recommendations are offered for Council consideration:

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COMMUNITY DEVELOPMENT GRANT PROGRAM – PRIORITY FUNDING AREAS SEPTEMBER 2005, CONTD. Priorities for the September 2005 funding round:

• Programs that initiate local participation in community activities that build community connections and encourage social inclusion.

• Supporting community education and skills development programs. • Community based projects that increase environmental awareness and

encourage reduction, reuse and recycling. • Programs that promote community harmony through the acceptance and

understanding of cultural, linguistic and religious diversity. • Projects that encourage youth consultation and youth participation

The Community Development Grants Program together with the nominated priority areas will be advertised in the Messenger Press 8 and 6 weeks prior to the closing date. Information Sheets and Application Forms will be available upon request. The Selection Panel will meet within six weeks of the closing dates for applications, to consider recommendations for funding. The Panel consists of:

• The Mayor • Two Elected members • Director Community Development • Community Support Officer • Team Leader, The Parks Arts and Function Complex

Selection panel voting rights are limited to Elected Members City Plan To reflect the needs of the community and the principles of equity and accessibility through an appropriate mix of service responses. Corporate Plan Develop programs and support community initiatives which strengthen and forge links among our diverse social and cultural networks. (Strategy). RECOMMENDATION That Council resolves that the advertised priority areas for the Port Adelaide Enfield Community Development Grant Program September 2005 funding round be:

• Programs that initiate local participation in community activities that build community connections and encourage social inclusion.

• Supporting community education and skills development programs. • Community based projects that increase environmental awareness and

encourage reduction, reuse and recycling. • Programs that promote community harmony through the acceptance and

understanding of cultural, linguistic and religious diversity. • Projects that encourage youth consultation and youth participation.

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ITEM 12.3.5 OUTSTANDING MATTERS – DIRECTOR COMMUNITY

DEVELOPMENT The following are Council resolutions that require action or a report and are outstanding at this date: Minute Reference : 1 June 2005 - CL 1282, Item 16.6 Subject : Local Government in School Curriculum Action due by : As soon as possible Comments : Investigation commenced. Minute Reference : 21 December 2004 - CL 943, Item 16.3 Subject : Media Protocols Action due by : As soon as possible Comments : Workshop for Elected Members conducted on 29 June

2005 RECOMMENDATION That Council resolve that the Director Community Development report regarding the undermentioned outstanding matters be received and noted:

1. Local Government in School Curriculum 2. Media Protocols

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ITEM 12.3.6 PORT ADELAIDE ENFIELD COMMUNITY DEVELOPMENT

GRANTS PROGRAM AND COMMUNITY ARTS GRANTS PROGRAM – SELECTION PANEL NOMINATIONS

Summary In accordance with the resolution adopted by Council at its meeting of 13 April 1999 this report seeks nominations for Elected Member representation on the Community Development Grants Program Selection Panel and Community Arts Grants Program Selection Panel for the funding round of September 2005. Report Under the Community Grants Program Policy, Council invites applications to the Community Development Grants Program and Community Arts Grants Program in March and September each year. The Selection Panels meet within six weeks of the closing date for applications to consider recommendations for funding. The Selection Panels for the Community Arts Grants Program and the Community Development Grants Program meet consecutively on the same evening. It is therefore suggested that Council appoint the same Elected Members to both Panels. The Panel consists of:-

• Mayor (Chairperson) • Two Elected members (to be appointed by Council) • Director Community Development • Community Support Officer • Team Leader, The Parks Arts and Function Complex (Community Arts Grants

only) Selection Panel voting rights are limited to Elected Members. The following were members of the last selection panel – Mayor Fiona Barr, Councillors Joyce Snadden, Peter Jamieson, Carol Martin, John Croci, Ray Guscott, Janice Jensen and Mark Basham, Malcolm Herrmann (Director Community Development) Lyn Cooke (Community Support Officer) and Matthew Ives (Community Arts only). Mayor Barr, Councillors Martin, Jensen and Basham were apologies for the meeting. It is anticipated that the Selection Panels will meet to consider recommendations for funding at 6.30pm on Wednesday 9 November 2005 at the Parks Community Centre.

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PORT ADELAIDE ENFIELD COMMUNITY DEVELOPMENT GRANTS PROGRAM AND COMMUNITYARTS GRANTS, CONTD. City Plan To reflect the needs of the community and the principles of equity and accessibility through an appropriate mix of service responses. (Objective) Corporate Plan Provide accessible financial assistance to support community initiated projects, activities and programs. (Strategy) RECOMMENDATION That Council resolve that Councillor ……………..… and Councillor .…………………. be appointed to the Port Adelaide Enfield Community Development Grants Program Selection Panel and Community Arts Grants Program Selection Panel for the September 2005 round of applications.

CL - CCD 1

DIRECTOR OF CORPORATE AND CITY DEVELOPMENT REPORT -

MAL JONAS

5 JULY 2005

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Table of Contents ITEM 12.4.01. CONVERSION OF PRIVATE ROADS TO PUBLIC ROADS –

LADY GOWRIE DRIVE, VENTURA AVENUE AND WANDANA TERRACE TAPEROO .......................................................................3

ITEM 12.4.02. ROAD PROCESS ORDER – WINGFIELD ROAD, WINGFIELD.......5

ITEM 12.4.03. DOLPHIN SANCTUARY ACT 2005, AND NOMINATIONS FOR ADVISORY BOARD..................................................................7

ITEM 12.4.04. MARINA (NORTH HAVEN) ZONE PLAN AMENDMENT REPORT ..........................................................................................11

ITEM 12.4.05. PORT ADELAIDE CENTRE ZONE – VISION, URBAN DESIGN FRAMEWORK AND PLAN AMENDMENT REPORT – PROJECT COMMENCEMENT........................................................16

ITEM 12.4.06. REVIEW OF COUNCIL DELEGATIONS.........................................20

ITEM 12.4.07. SUPPLEMENTARY ELECTION – OUTER HARBOUR WARD ......29

ITEM 12.4.08. TENDERS ........................................................................................31

ITEM 12.4.09. CORPORATE & CITY DEVELOPMENT BUSINESS – OUTSTANDING MATTERS.............................................................32

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COMPOSITE RECOMMENDATION – ITEMS 12. 4. 01 TO 12. 4. 09 That the recommendations contained in Agenda items numbered 12.4.01 to 12.4.09 be adopted. ITEM 12.4.1 CONVERSION OF PRIVATE ROADS TO PUBLIC ROADS – LADY

GOWRIE DRIVE, VENTURA AVENUE AND WANDANA TERRACE TAPEROO

Summary This report is submitted to Council, seeking approval for Lady Gowrie Drive, Ventura Avenue and Wandana Terrace, Taperoo to be declared public roads. Report At Council’s meeting held on the 1 March, 2005 (Item 12.4.02 CL 1085 refers):

“Cr. Jamieson moved that Council resolve:-

1. That public notice be given in accordance with Section 210 of the Local Government Act, 1999 of Council’s intention to declare the private roads known as Lady Gowrie Drive, Ventura Avenue and Wandana Terrace, Taperoo being allotments 225, 232 and 228 respectively in Deposited Plan 2413 contained within Certificate of Title Volume 2106 Folio 134 to be public roads.

2. That the Australian Securities & Investments Commission be advised in

accordance with Section 210(2) of the above-mentioned Act of Council’s intention to declare the subject private roads to be public roads.

Cr. Barca seconded CARRIED.”

Public notice of Council’s intention was given in The Advertiser and The South Australian Government Gazette on the 17 March, 2005. (A plan indicating the location of the subject roads has been supplied to all Members and appears as Attachment 1 to the report). No objections or submissions were received on the matter. Council is now required to adopt the following recommendation to enable the subject roads to be declared public roads.

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CONVERSION OF PRIVATE ROADS TO PUBLIC ROADS – LADY GOWRIE DRIVE, VENTURA AVENUE AND WANDANA TERRACE TAPEROO City Plan A safe, efficient and sustainable transport system (Objective) Corporate Plan Maintain footpaths, roads, drainage, open space, recreational facilities and traffic management controls (Strategy/Goal). RECOMMENDATION That Council resolve that pursuant to the provisions contained within Section 210 of the Local Government Act, 1999 the City of Port Adelaide Enfield hereby declares:

1. Lady Gowrie Drive, Taperoo being allotment 225 in Deposited Plan 2413 contained within Certificate of Title Volume 2106 Folio 134 to be a public road.

2. Ventura Avenue, Taperoo being allotment 232 in Deposited Plan 2413

contained within Certificate of Title Volume 2106 Folio 134 to be a public road.

3. Wandana Terrace, Taperoo being allotment 228 in Deposited Plan 2413 contained within Certificate of Title Volume 2106 Folio 134 to be a public road.

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ITEM 12.4.2 ROAD PROCESS ORDER – WINGFIELD ROAD, WINGFIELD Summary This report is presented to Council, seeking approval for the Road Process Order to be made in relation to the closure and sale of portion of Wingfield Road, Wingfield. Report At Council’s meeting held on the 9 November, 2004 (Item 12.4.02 CL 889 refers):

“Cr. Croci moved that Council resolve:- 1. That portion of Wingfield Road, Wingfield north of Hines Road, Wingfield marked “A” on Attachment 2 be declared surplus to Council’s requirements and closed in accordance with provisions contained within the Roads (Opening and Closing) Act, 1991 subject to:

1.1 the granting of easements as required by Council and service authorities;

1.2 the co-ordination of the service authorities easement requirements by the Office for Infrastructure Development to ensure that the future needs of the Gillman Eco-industrial Precinct are taken into account;

1.3 confirmation of the Road Order by the Minister for Administrative Services;

1.4 all associated costs including stamp duty and GST being the responsibility of the purchaser;

1.5 a survey by a licensed surveyor to determine the area of the subject land;

1.6 the subject land remaining open as a public road until the availability of the alternative access to be provided under Stage 1 of the Port River Expressway;

1.7 the purchaser reimbursing Council for any costs incurred including GST if the Road Process Order is not confirmed by the Minister for Administrative Services.

2. That ownership of piece “A” be transferred to S A Recycling Centre Pty Ltd for a “fair market value” and that the said piece is to be merged with the purchaser’s adjoining property/properties. Cr. Snadden seconded CARRIED”

(A plan indicating the portion of the road to be closed has been supplied to all Members and appears as Attachment 2 to the report and the subject road is marked “A” and “B”). Public notice of the proposal was given in the Portside Messenger on the 12 January, 2005 and The South Australian Government Gazette on the 13 January, 2005.

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ROAD PROCESS ORDER – WINGFIELD ROAD, WINGFIELD CONTD. No objections to the closure have been received, however, requests for registered easements for current services and for the future requirements of the Gillman Eco-Industrial Precinct have been received from South Australian Water Corporation for water and sewerage purposes, Envestra (SA) Ltd for gas supply purposes and Distribution Lessor Corporation for electricity supply purposes. Council is now required to make the following Road Process Order to enable the closure to proceed. City Plan Strong and highly competitive key industry sectors that capitalise on growth opportunities and the uniqueness of the area (Objective). Corporate Plan Ensure the commercial return on Council’s assets has been maximised (Strategy/Goal) RECOMMENDATION That Council resolve: -

1. That pursuant to provisions contained within the Roads (Opening and Closing) Act, 1991, the Council, no objections having been received, relating to the closure of portion of Wingfield Road, Wingfield situated north of Hines Road marked with the letters “A” and “B” on Preliminary Plan 04/0132 (the “road”) hereby orders that the road be closed and disposed of as follows:-

1.1 That ownership of piece “A” be transferred to S A Recycling Centre

Pty Ltd and that the subject piece is to be merged with allotment 50 in Deposited Plan 31336 contained in Certificate of Title Volume 5132 Folio 291 in accordance with the Sale and Purchase Contract dated 10 March, 2005;

1.2 That ownership of piece “B” be transferred to S A Recycling Centre Pty Ltd and that the subject piece is to be merged with allotment 20 in Filed Plan 38875 contained in Certificate of Title Volume 5543 Folio 615 in accordance with the Sale and Purchase Contract dated 10 March, 2005.

2 That South Australian Water Corporation, Envestra (SA) Ltd and Distribution

Lessor Corporation be granted registered easement over portions of pieces “A” and “B” as indicated on Attachment 3 for their respective purposes.

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ITEM 12.4.3 DOLPHIN SANCTUARY ACT 2005, AND NOMINATIONS FOR

ADVISORY BOARD Summary The Adelaide Dolphin Sanctuary Act 2005 (the new Act) was proclaimed in the South Australian Parliament on 4 June 2005. This report provides a summary of the new legislation. Also, the South Australian Department of Environment and Heritage is calling for expressions of interest for membership of the Adelaide Dolphin Sanctuary Advisory Board, which is established under the new Act. This report provides information to Elected Members regarding this process. Report The Adelaide Dolphin Sanctuary Act The Port Adelaide River and Barker Inlet is home to a broad range of marine flora and fauna that are of enormous environmental and economic benefit to the State, including a resident population of dolphins. It is estimated that 20 to 30 dolphins are seen consistently in the Port Adelaide River and Barker Inlet area and over 300 more have been identified as visitors. Port Adelaide is one of the few places in the world where bottlenose dolphins live in close proximity to a major city. Both Port Adelaide Enfield and Salisbury Councils have advocated strongly in the past regarding the improved protection of the dolphins and their habitat, and have played a key consultative and facilitative role in the preparation of the new Act. The passing of the new Act is a further positive and pleasing step in the ongoing improvement in the management and protection of the marine ecosystems of the region. The intent of the new Act is to provide a focus and specific purpose for the enforcement of existing legislative requirements rather than creating an additional regulation for the Port Adelaide River and Barker Inlet area. Existing relevant legislation includes the Development Act, the Native Vegetation Act, the Environment Protection Act, the Acquaculture Act and others - and the new Act provides for amendments to these Acts. The new Act is based on seven strategies to strengthen protection of the dolphins and their habitat. These strategies are:-

1. Facilitate understanding and achievement of the goals of the Sanctuary.

2. Eleven existing Acts are amended to help achieve integration of Government activities. This includes the addition of the Sanctuary objects and objectives to existing Acts where applicable, and also includes the requirement for appropriate consultation with the Minister for the Sanctuary (Minister for Environment and Heritage) when activities significantly affecting the Sanctuary are undertaken.

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DOLPHIN SANCTUARY ACT 2005, AND NOMINATIONS FOR ADVISORY BOARD CONTD.

3. The Act requires the production of a Management Plan. This Plan will be complemented by an annual Implementation Program which will be part of the Minister's Annual Report to Parliament and will provide timely accountability and transparency for Sanctuary operations.

4. An Advisory Board will provide advice to the Minister from a range of experts outside of State Government.

5. A fund will receive any monies from grants, sponsorships, gifts and bequests to help support Sanctuary operations.

6. The Act establishes a general duty of care to catch any activity which is not consistent with the objects and objectives and is not covered under existing legislation.

7. The Act requires the Minister for the Sanctuary to work with all members of the community to respect current use activities while undertaking education programs which promote the objects and objectives.

Land tenure within the Sanctuary will not be altered. Existing tenures and uses such as mining leases, parks, and harbour and sea bed management will not be affected. The Minister for the Sanctuary will be responsible for the coordination of activities, but will not take on the responsibility of ownership of land or the seabed. Definition of the Sanctuary boundaries

The boundaries as defined in the new Act were determined to encompass both the resident dolphin population and their habitat, and to ensure authorised officers can readily locate and patrol the boundaries. This habitat includes places where dolphins can physically swim and also tidal areas where their food sources may be found. Most of the land borders are determined by sea water levee banks and the mean high water mark. Mutton Cove and reclaimed Crown land at the St Kilda boat ramp are included, along with Port Gawler Conservation Park and some adjacent Crown land. All land above high water mark within Sanctuary waters will be included – Torrens and Garden Islands (including Torrens Island Conservation Park) and the small island off Outer Harbor known as Bird Island. (A map of the Sanctuary area has been provided to all Elected Members and appears as Attachment 4 to this report.)

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DOLPHIN SANCTUARY ACT 2005, AND NOMINATIONS FOR ADVISORY BOARD CONTD. Related amendments to other Acts (Schedule 2)

Eleven Acts have been amended to reflect the objectives of the new Act. Most activities require the relevant Ministers of these Acts to consult with and have regard to the Minister for the Sanctuary's advice on any proposed activity. The three Acts which potentially may be responsible for changes in land use – the Aquaculture, Mining and Petroleum Acts – require the concurrence of the Minister for the Sanctuary before initiating new activities under these Acts. One of the amendments to the National Parks and Wildlife Act 1972 bans hunting within the Sanctuary. The maximum penalties prescribed by this Act and the Fisheries Act 1982 for harming marine mammals, including dolphins, have been increased from $30 000 to $100 000. Under the amendments to the Development Act, any major development within the Sanctuary, or one that will have a direct or significant impact on it, will require consultation with the Minister for the Sanctuary. After the form and substance of the Management Plan is determined, and after the Development (Sustainable Development) Amendment Bill 2004 is finalised, opportunities to provide more direct links between the two Acts will be explored by the State Government. Preparation of a Management Plan, under the Act The new Act requires the preparation of a Management Plan within twelve months of proclamation. This Plan will integrate the operations of Government agencies with responsibilities for managing the area. The actions described in the Plan will directly support the achievement of the new Act's objectives. Discussion papers addressing issues relating to each objective are currently being prepared and will be publicly available on their completion. Further public and agency consultation will occur as a key component of the Management Planning process. Council staff will participate in the preparation of the Management Plan, and ensure integration of the agreed strategies into Council’s related policies and strategic plans. The Management Plan will describe the overall strategy for the Sanctuary by defining key issues requiring attention, identifying those specific Government agencies with responsibility for these issues, and establishing targets for implementing remedies. The Plan is to be reviewed at seven year intervals to accommodate the time scales over which significant changes can be expected to occur. The Plan will be supported by the annual implementation program. The implementation program will review accomplishments from the preceding year and determine specific priorities for the coming year. It will provide the means for Sanctuary planning to respond to unexpected developments and time sensitive issues.

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DOLPHIN SANCTUARY ACT 2005, AND NOMINATIONS FOR ADVISORY BOARD CONTD. The Adelaide Dolphin Sanctuary Advisory Board To provide an avenue for advice from experts outside of Government, the new Act requires the establishment of an Advisory Board to advise the Minister for the Sanctuary on the preparation and implementation of the Management Plan, and any other related matters. An additional Advisory Board function is to provide advice on expenditure of money in the Fund. The Board will have a skills-based membership, including a representative with knowledge and experience in the area of local government. (A copy of the advertised call for nominations, including relevant contact details and information, has been provided to all Elected Members and appears as Attachment 5 to this report.) For Members’ convenience the contact details for information regarding nomination are included in the attachment should Members wish to contact the Department of Environment and Heritage with a view to nominating. The new Act also requires that the Advisory Board include two Kaurna representatives. Accordingly, the call for nominations has also been forwarded to Council’s Aboriginal Advisory Panel for information and consideration. City Plan A City where the sustainable natural and built environment is managed, protected, enhanced and enjoyed by the community. (Goal) The achievement of healthy waterways and water-based habitats in the City – including marine, coastal and wetland areas. (Objective) Corporate Plan Identify trends in the operational environment to enable Council to be positioned to maximise the benefits for the community. (Strategy/Goal) RECOMMENDATION That Council resolve that the Director’s report regarding the Adelaide Dolphin Sanctuary Act, and nominations to the Advisory Board, be noted and received for information.

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ITEM 12.4.4 MARINA (NORTH HAVEN) ZONE PLAN AMENDMENT REPORT Summary Council commenced work on the Marina (North Haven) Zone Plan Amendment Report (PAR) in December 2002. The PAR was exhibited between 16 December 2004 and 14 March 2005 and a public hearing was held on 23 March 2005. A number of submissions were received from the community, State agencies and developers. The submissions received have been thoroughly considered and amendments made in response. The PAR has been refined to a stage where it is considered appropriate that a final version can be submitted to the Hon. Paul Holloway, MLC, Minister for Urban Development and Planning with a request that the PAR be approved and the Port Adelaide Enfield (City) Development Plan amended accordingly. This report seeks Council’s endorsement for an approval version of the Marina (North Haven) Plan Amendment Report for submission to the Minister for Urban Development and Planning. Report At its meeting held 18 December 2002, (Item 9.3 GSC 936) Council resolved to:

“1. Engage a suitably qualified consultant to prepare a Marina (North

Haven) PAR, which reviews the existing policies that apply in the Marina (North Haven) Zone, with particular attention to the issue of over-water housing.

2. Authorise the expenditure of $30,000 to undertake the Marina (North

Haven) PAR and make the necessary adjustment to the 2002/03 budget in the next Budget Review.”

As a forerunner to the Plan Amendment Report (the “PAR”), a series of investigations was undertaken to produce a Discussion Paper for review by interested parties. A North Haven Marina Reference Group (the “Reference Group”) was established to provide an ongoing point of reference for the development of the PAR and a mechanism for key stakeholders to provide input into Council’s investigations. The Discussion Paper and the formal Statement of Intent necessary to commence the PAR process was considered by Council at its meeting on 20 January 2004 (Item 12.4.2 CL 338). At this meeting:

“Cr. Bradbrook moved that Council resolve that:

1. The report on the “Marina (North Haven) Zone Plan Amendment Report – Statement of Intent” be received and noted.

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MARINA (NORTH HAVEN) ZONE PLAN AMENDMENT REPORT CONTD.

2. The Statement of Intent for the Marina (North Haven) Zone Plan Amendment Report dated 20 January 2004, as provided as an attachment to the report, and the associated Marina (North Haven) Zone Discussion Paper, dated 6 January 2004, be submitted to the Minister for Urban Development and Planning for agreement pursuant to Section 25 of the Development Act, 1993.

3. The administration be authorised to make minor amendments to the Statement of Intent in response to feedback from Planning SA acting on behalf of the Minister.

4. A notice be placed in the local “Messenger” newspaper advising that a Marina (North Haven) Zone Discussion Paper, dated 6 January 2004, has been prepared and is available for viewing.

5. All Members of the Community Reference Group be provided with a copy of the Marina (North Haven) Zone Discussion Paper, dated 6 January 2004, and be advised that Council has submitted a Statement of Intent to the Minister for Urban Development and Planning to enable the formal Plan Amendment Report process to commence.

Cr. Jensen seconded CARRIED.” In addition to investigating the appropriateness of over-water housing, the Statement of Intent also identified Council’s intention to refine policy area boundaries, review car parking provisions, introduce Desired Future Character Statements and review road widths and allotment frontages. The Statement of Intent was submitted and agreed to by the Minister for Urban Development and Planning in April 2004. Council subsequently considered a report recommending that an amendment be sought to the agreed Statement of Intent. At its meeting held 27 July 2004 (Item 12.4.2 CL 716):

“Cr. Jensen moved that Council seek the Minister for Urban Development and Planning’s agreement, pursuant to Section 25 of the Development Act, 1993, to amend the Marina (North Haven) Zone Plan Amendment Report (PAR) Statement of Intent, to indicate explicitly that:

a) the PAR Investigations will include consideration of development

opportunities in the area of the boat ramp area of Southern Myth Drive, and

b) clarify appropriate types of development to protect the amenity of the

residents of Alexa Road. Cr. Bradbrook seconded CARRIED.”

This resolution provided the proponents of a specific development scenario in the Southern Myth Drive locality with an opportunity to make a case to Council that it should include policy amendments in the consultation draft of the PAR to support this scenario.

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MARINA (NORTH HAVEN) ZONE PLAN AMENDMENT REPORT CONTD. The Minister agreed to Council’s request for an amended Statement of Intent by correspondence dated 15 September 2004. At is meeting held 9 November 2004 (Item 12.4.6 CL 891) Council considered the case made by the proponents of the Southern Myth Drive Myth Drive development scenario. At this meeting:

Cr. Guscott moved that Council resolve that:

1. The Marina (North Haven) Plan Amendment Report be prepared for public consultation without policy proposals specifically intended to establish new development opportunities within the Southern Myth Drive locality.

2. When prepared, the Marina (North Haven) Plan Amendment Report be

submitted to Council for its endorsement prior to being released for public exhibition.

Cr. Croci seconded CARRIED.” A Marina (North Haven) Zone Draft Plan Amendment Report was duly prepared. The PAR considered the Discussion Paper, the Statement of Intent, input from the Reference Group meetings, community and stakeholder feedback and Council’s investigations. It proposes a number of amendments to the provisions of the Development Plan that regulate various aspects of development within the Marina (North Haven) Zone including:-

• Over-Water Development Revised Structure Plan - areas for over-water housing deleted.

• Refined Policy Area boundaries

Residential Policy Area boundary refined to include existing residential development within the Business Policy Area.

• Refined Policy Area provisions

Clarification of appropriateness of residential and tourist accommodation within Business Policy Area.

Clarification of extent of over-water housing within the Boat Haven Policy Area.

• Car Parking Provisions

Revised car parking standards specifically boat berth to car park ratio. Review and policy changes to off site parking provisions in association

with narrow carriageway widths.

• Desired Future Character Revised Building height and floor levels, Strengthened policy to minimise future development impacts on existing

development.

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MARINA (NORTH HAVEN) ZONE PLAN AMENDMENT REPORT CONTD.

• Revetment Wall New provisions requiring integrity of revetment wall to be maintained.

(A copy of the approval version of the Marina (North Haven) Zone Draft Plan Amendment Report has been provided to all Elected Members and appears as Attachment 6 to this report) In accordance with Section 25 of the Development Act 1993, the PAR was exhibited and a total of 12 written Agency Submissions were received, 20 Community written submissions were received and 10 verbal submissions were heard. Upon the review of the submissions, the following key themes were identified:

• Clarification of Desired Future Character Statement, • Ongoing protection of revetment walls and breakwaters, and • Preferences for mixed-use development within the Business Policy Area.

Having regard to the above points, the following revisions to the consultation draft of the PAR are considered appropriate.

1. Modification to the Desired Future Character Statement so that it includes policy regarding the protection of both revetment walls and breakwaters.

2. Modification to Principles of Development Controls so that they include breakwater and revetment wall where appropriate.

3. The insertion of additional Principle of Development Controls that do not restrict residential accommodation within the Business Policy Area as long as it is part of a mixed use development.

The carpark to marina berth ratio provisions in table PAdE/1 was also raised in several submissions, however a policy revision is not recommended as the provisions in the PAR are within the Australian Standard – Guidelines for design of Marinas. (A copy of the Summary of Submissions Received Table has been provided to all Elected Members and appears as Attachment 7 to this report.) Throughout the course of this review of the Marina (North Haven) Zone, the input of the Reference Group has been considered. Membership of this group includes Ward Councillors, resident representatives from Alexa Road and One and All Drive and representatives from the Cruising Yacht Club, Transport SA, Land Management Corporation, Flinders Ports, Coast and Marine, Heritage Point Berths, and Port Adelaide Residents Environment Protection Group. Key stakeholders have also kept Council informed of their respective positions through a variety of other means including letters, submissions, petitions and use of the media.

CL - CCD 15 5.07.05

MARINA (NORTH HAVEN) ZONE PLAN AMENDMENT REPORT CONTD. City Plan An attractive, accessible, safe and vibrant City with high quality public spaces, transport infrastructure, well-designed living environments and precincts designed to stimulate the growth of business and industry. (Urban Development and Transport Goal) Corporate Plan An ecologically sustainable natural and built environment that is an asset for our present and future communities. (Function Goal) RECOMMENDATION That Council resolve that:

1. The authorisation version of the Marina (North Haven) Zone Plan Amendment Report dated July 2005 proposes an appropriate amendment to the Port Adelaide Enfield (City) Development Plan.

2. That the Director Corporate and City Development be authorised to make any

minor variations to the format and presentation, but not the policy content, of the authorisation version of the Marina (North Haven) Zone Plan Amendment Report dated July 2005 that may be necessary to meet the requirements of Planning SA.

3. That the City Manager be authorised to submit the authorisation version of the

Marina (North Haven) Zone Plan Amendment Report dated July 2005 and other necessary documentation to the Minister for Urban Development and Planning with a request that the Minister grant approval of the Plan Amendment Report.

CL - CCD 16 5.07.05

ITEM 12.4.5 PORT ADELAIDE CENTRE ZONE – VISION, URBAN DESIGN

FRAMEWORK AND PLAN AMENDMENT REPORT – PROJECT COMMENCEMENT

Summary This report advises that the project to develop a Vision, Urban Design Framework and Plan Amendment Report for the Port Adelaide Centre has commenced. The project is jointly funded by Council and the State Government and has been awarded to a consultant team led by Hassell Pty Ltd. The project involves substantial community and stakeholder consultation. During the week of 18-22 July 2005 extensive consultation will be undertaken to assist in the development of a Vision for the Port Centre. This will include an Elected Members Workshop on Tuesday 19 July at 7.00pm and a public “Futures Forum” to be held in the Town Hall on the evening of Thursday 21 July. Members’ attendance at the workshop and public forum is strongly encouraged. The project is both timely and significant in light of the commencement of the Port Waterfront Redevelopment, the commitment to opening road and rail bridges over the Port River and the awarding of the Navy’s ship building contract to the Osborne based Australian Submarine Corporation. Report Council has had an ongoing commitment to the revitalisation of the Port Adelaide Centre for many years. It has commissioned studies, provided significant capital investment and partnered the State Government in various initiatives to help reinvigorate the Centre. When the Port Waterfront Redevelopment was first proposed, the Minister for Urban Development and Planning intended to prepare two Ministerial Plan Amendment Reports (PARs) for the Port Adelaide Centre simultaneously, one for the Port Waterfront Redevelopment areas and one for the remainder of the Centre. The simultaneous preparation of the two Ministerial PARs did not occur with the Government giving priority to the Port Waterfront Redevelopment PAR. This was approved and gazetted by the Minister on 22 September 2004. At its meeting held on 19 October, 2004, (Item 12.4.01 CL 871) Council considered a report advising of the status of the second Port Centre Ministerial PAR and a revised proposal from Planning SA to progress this PAR. At that meeting:-

“Cr. Snadden moved that Council resolve that:-

1. The report by the Acting Director Corporate and City Development, titled “Port Adelaide Centre Zone – Plan Amendment Report”, be received and noted.

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PORT ADELAIDE CENTRE ZONE – VISION, URBAN DESIGN FRAMEWORK AND PLAN AMENDMENT REPORT – PROJECT COMMENCEMENT CONTD.

2. Council endorses the suggested revised approach to the preparation of the Port Adelaide Centre Zone PAR, as outlined in the report, which leads to Planning SA preparing a draft PAR, in close consultation with Council’s Administration and Elected Members, following which, the Administration conducts the PAR process.

3. The Administration provides progress reports to Council on the implementation of the adopted process for the preparation Port Adelaide Centre Zone PAR as appropriate.

Cr. Guscott seconded CARRIED”

At its meeting held 18 January, 2005 (Item 12.4.17 CL 997) Council considered a further report advising of the opportunity to strengthen the approach to the PAR by sourcing additional funds from the State Government’s Places for People Program. At that meeting:-

“Cr. Guscott moved that Council resolve:

1. That Council allocate $40,000 to match an equivalent contribution from the Minister for Urban Development and Planning for the development of an Urban Design Framework in conjunction with a Plan Amendment Report for the Port Adelaide Centre.

2. That a variation to the 2004/2005 Program Budget be made accordingly.

Cr. Snadden seconded CARRIED”

Officers from Planning SA, Council and the Land Management Corporation collaborated to prepare a Project Brief for the development of an integrated Vision, Urban Design Framework and Plan Amendment Report for the Port Adelaide Centre. On 24 January 2005, Planning SA called for tenders from consultants interested in delivering the Project Brief. Tenders closed on 24 February 2005. A committee comprising two officers from each of Planning SA, Council and the Land Management Corporation evaluated the tenders received and recommended to Planning SA that Hassell Pty Ltd be awarded the tender. On 30 March 2005, Hassell Pty Ltd was advised that it had been appointed to the project. The Hassell team includes strong in-house urban design, planning and landscape expertise and specialist sub consultants with expertise in consultation, economic and commercial analysis, traffic and movement and social and cultural heritage.

CL - CCD 18 5.07.05

PORT ADELAIDE CENTRE ZONE – VISION, URBAN DESIGN FRAMEWORK AND PLAN AMENDMENT REPORT – PROJECT COMMENCEMENT CONTD. In recognition of the significance and importance of the project, high level, internationally respected urban revitalisation specialists Jan Gehl (Denmark), John Montgomery and Mike Cullen have been included as part of the Hassell team to assist with the development of the Vision and Urban Design Framework. The work program consists of 8 stages as briefly outlined below: Stage 1 Project Initiation Stage 2 Research and Analysis Stage 3 Vision Week Preparation Stage 4 Vision Week Workshops Stage 5 Vision Development Stage 6 Urban Design Framework Stage 7 PAR Preparation Stage 8 Project Completion A detailed consultation program is embedded within this work program. It is expected that the project will be completed by March 2006. However, Members will appreciate that this is a large and complex project and that completion by this date cannot be guaranteed. Stage 1 has been completed and Stage 2 is nearing completion with the Steering Committee (comprised of officers from Planning SA, Council and the LMC) having received a draft set of issues papers summarising the consultant team’s research and analysis to date. Stage 4 of the project represents a significant shift in the formal public profile of the project. A week long program of workshops will be held during the week of 18 – 22 July 2005 to help develop a community and stakeholder driven vision for the Port Centre. The issues papers will provide the background information to the workshops. During this week an Elected Members Workshop will be held on Tuesday 19 July at 7.00pm and a public “Futures Forum” will be held in the Town Hall on the evening of Thursday 21 July. On August 17 at 7.00pm another public forum will be held to discuss more detailed urban design options for the Centre. Member’s attendance at these sessions is strongly encouraged. Media information about the project will precede the vision week workshops. This is both a timely and exciting project in light of recent announcements of the Port Waterfront Redevelopment, the new opening bridges over the Port River and the Navy’s shipbuilding contract at Osborne. After many years, the conditions and investment climate are right to develop achievable plans that promote and guide the revitalisation of the Port Adelaide Centre.

CL - CCD 19 5.07.05

PORT ADELAIDE CENTRE ZONE – VISION, URBAN DESIGN FRAMEWORK AND PLAN AMENDMENT REPORT – PROJECT COMMENCEMENT CONTD. City Plan An attractive, accessible, safe and lively City with high quality public spaces, transport infrastructure, well-designed living environments and precincts to stimulate the growth of business and industry. (Goal) Corporate Plan Identify opportunities and join with external partners to achieve development and revitalisation of centres and key public places. (Strategy/Goal) RECOMMENDATION That Council resolve that the Director’s report “Port Adelaide Centre Zone – Vision, Urban Design Framework and Plan Amendment Report – Project Commencement“ be received noting that an Elected Members’ Workshop is to be held on Tuesday 19 July 2005 commencing at 7 pm in the Town Hall.

CL - CCD 20 5.07.05

ITEM 12.4.6 REVIEW OF COUNCIL DELEGATIONS Summary Section 44 (6) of the Local Government Act 1999 requires Council to review its delegations at least once in each financial year. The following report details a relatively comprehensive review that has been undertaken in conjunction with Norman Waterhouse and relevant staff. This review has resulted in additional delegations being routinely required due to the introduction of new legislation, eg Freedom of Information. Further minor changes are recommended to reflect improved practice and legibility of the delegations. In the interest of clarity and to ensure the effective implementation of the delegations, Norman Waterhouse advise that all delegations should be revoked and fresh delegations introduced by way of separate instruments according to the Act by which the power to delegate arises. Report The review process involved a check of existing delegations by Norman Waterhouse Lawyers as well as a review by senior management. The review by senior management was conducted in terms of: • Identifying difficulties in administering the delegations • Inappropriate use of the delegations • Identifying omissions from the delegations. There were nil instances where difficulties in administering the delegations and inappropriate use of delegations were identified. A number of changes were highlighted by Norman Waterhouse and these were considered by senior management in light of internal structures and procedures. This has resulted in various suggested changes to the existing delegations, the majority of which are made in the interest of clarity and consistency of wording in terms of the legislation. In essence the majority of amendments will better reflect the wording of the relevant legislation and do not significantly alter the powers conferred by the delegations. This applies to the majority of legislation with the exception of the Development Act 1993 and Community Titles Act 1996 with respect to the delegated powers to the Development Assessment Panel (the Panel). During the review process it was noted that at its meeting held on 27 May 2003 (Item 12.2 CL 6), the Council delegated to the Panel all the powers, functions and duties under the Development Act 1993 and Regulations. This included the power to sub delegate to an officer or officers of the Council. It was also noted that 4.1 of the

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REVIEW OF COUNCIL DELEGATIONS CONTD. Terms of Reference for the Panel makes reference to the Panel being charged with responsibility for all matters arising under Part 4 of the Development Act 1993 and the Development Regulations 1993. Whilst it is acknowledged that the delegations take precedence, for the sake of consistency it is recommended that the Panel be delegated powers pertaining to Part 4 (Development Assessment) of the Development Act 1993 and the Development Regulations 1993 as set out in its Terms of Reference. In addition it is considered to be more appropriate for powers under the Development Act to be delegated to the City Manager and then sub delegated from the City Manager to relevant staff, consistent with the delegations by Council throughout. It is also acknowledged that in practice the Panel currently exercises only those powers pertaining to Part 4 of the Development Act 1993 and the Development Regulations 1993. In essence, this effectively means that there will be no change to the current function of the Panel. The above also applies to powers pertaining to the Community Titles Act 1996 where these powers have not been exercised by the Panel in the past and there appears to be little or no requirement to do so in the future. Upon the advice of Norman Waterhouse and in the interest of facilitating the expeditious assessment of applications as required by the Development Act 1993, the delegations pursuant to the Development Act 1993 and Development Regulations 1993 that will achieve the objectives of the Act in this regard are set out in Annexure E and F. (A copy of Annexure A to H has been provided to all Elected Members and appears as Attachment 8 to this report.) Each Annexure indicates the legislation by which the delegation is made and the related legislation. A summary table of the Annexure is provided below for Members’ convenience.

ANNEXURE LEGISLATION A Section 44 of the Local Government Act 1999 for delegations to the

City Manager pertaining to: • Local Government Act 1999 • Dog and Cat Management Act 1995 • Environment Protection Act 1993 • Expiation of Offences Act 1996 • Housing Improvement Act 1940 • Land and Business (Sales and Conveyancing Act 1994) • Animal & Plant Control (Agricultural Protection and Other

Purposes) Act 1986 • Road Traffic Act 1961 • Freedom of Information Act 1991

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REVIEW OF COUNCIL DELEGATIONS CONTD.

ANNEXURE LEGISLATION B Section 6 of the Public and Environmental Health Act 1987 for

delegations to the City Manager pertaining to the Public & Environmental Health (Waste Control) Regulations 1995 and the Public and Environmental Health Act 1987

C Section 9 of the Supported Residential Facilities Act 1992 for delegations to the City Manager pertaining to the Supported Residential Facilities Act 1992

D Section 91 of the Food Act 2001 for delegated powers to the City Manager pertaining to the Food Act 2001

E Section 20 of the Development Act 1993 for delegations to the City Manager pertaining to the Development Act 1993 and Development Regulations 1993

F Section 20 of the Development Act 1993 for delegations to the Development Assessment Panel pertaining to the Development Act 1993 and Development Regulations 1993

G Section 44 of the Community Titles Act 1996 for delegations to the City Manager pertaining to the Community Titles Act 1996

H Section 44 of the Local Government Act 199 for delegations to the City Manager pertaining to Council’s Policies.

City Plan Effective and efficient long-term sustainability of community assets and infrastructure. (Objective) Corporate Plan • Provide an efficient and effective development assessment service.

(Strategy/Goal) • Provide primary preventative health care within the community. (Strategy/Goal) • Ensure effectiveness, consistency and probity in Council’s governance

functions. (Strategy/Goal) • Provide a safe and pleasant public environment. (Strategy/Goal) RECOMMENDATION That Council resolve that having conducted its annual review of the Council’s Delegations Manual 2004 in accordance with Section 44(6) of the Local Government Act 1999, the City of Port Adelaide Enfield (“the Council”): - 1. Hereby revokes its delegations to the City Manager of those powers functions

and duties under the:

• Local Government Act 1999;

• Development Act 1993 and Development Regulations 1993

• Dog and Cat Management Act 1995;

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REVIEW OF COUNCIL DELEGATIONS CONTD.

• Environment Protection Act 1993;

• Expiation of Offences Act 1996;

• Food Act 2001

• Housing Improvement Act 1940;

• Land and Business (Sale and Conveyancing) Act 1994;

• Public & Environmental Health (Waste Control) Regulations 1995

• Public & Environmental Health Act 1987

• Supported Residential Facilities Act 1992

• Animal & Plant Control (Agricultural Protection and Other Purposes) Act 1986;

• Local Government Act 1934;

• Road Traffic Act 1961; and

• Freedom of Information Act 1991, contained within the Council’s Delegations Manual 2004 dated 2 June 2004.

2. Hereby revokes its delegations to the Development Assessment Panel of those powers functions and duties under the:

• Development Act 1993

• Development Regulations 1993; and

• Community Titles Act 1996 contained within the Council’s Delegations Manual dated 2 June 2004.

3. In exercise of the power contained in Section 44 of the Local Government Act 1999 the powers, functions and duties under the:

• Local Government Act 1999;

• Dog and Cat Management Act 1995;

• Environment Protection Act 1993;

• Expiation of Offences Act 1996;

• Housing Improvement Act 1940;

• Land and Business (Sale and Conveyancing) Act 1994;

• Animal & Plant Control (Agricultural Protection and Other Purposes) Act 1986;

• Local Government Act 1934;

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REVIEW OF COUNCIL DELEGATIONS CONTD.

• Road Traffic Act 1961; and

• Freedom of Information Act 1991, contained in the document annexed to this Report and marked Annexure A are, subject to the conditions, limitations and provisos contained in Annexure A, hereby delegated this 5th day of July 2005 to the person occupying the office of City Manager and such powers, functions and duties may be further delegated by the City Manager to an officer or officers of the Council as the City Manager sees fit.

4. In exercise of the power contained in Section 6 of the Public and Environmental Health Act 1987 the powers, functions and duties under the Public & Environmental Health Act 1987 and the Public & Environmental Health (Waste Control) Regulations 1995 contained in the document annexed to this Report and marked Annexure B are, subject to the conditions, limitations and provisos contained in Annexure B, hereby delegated this 5th day of July 2005 to the person occupying the office of City Manager and such powers, functions and duties may be further delegated by the City Manager to an officer or officers of the Council as the City Manager sees fit.

5. In exercise of the power contained in Section 9 of the Supported Residential Facilities Act 1992 the powers, functions and duties under the Section 9 of the Supported Residential Facilities Act 1992 contained in the document annexed to this Report and marked Annexure C are, subject to the conditions, limitations and provisos contained in Annexure C, hereby delegated this 5th day of July 2005 to the person occupying the office of City Manager and such powers, functions and duties may be further delegated by the City Manager to an officer or officers of the Council as the City Manager sees fit.

6. In exercise of the powers contained in Section 91 of the Food Act 2001 the powers, functions and duties under the Food Act 2001 contained in the document annexed to this Report and marked Annexure D are, subject to the conditions, limitations and provisos contained in Annexure D, hereby delegated this 5th day of July 2005 to the person occupying the office of City Manager (“the head of the enforcement agency” for the purposes of the Food Act 2001) and such powers, functions and duties may be further delegated by the City Manager to an officer or officers of the Council as the City Manager sees fit.

7. In exercise of the power contained in Section 20 of the Development Act 1993, the powers, functions and duties under the Development Act 1993 and the Development Regulations 1993 contained in the document annexed to this Report and marked Annexure E are, subject to the conditions, limitations and provisos contained in Annexure E, hereby delegated this 5th day of July 2005 to the person occupying the office of City Manager and such powers, functions and duties may be further delegated by the City Manager to an officer or officers of the Council as the City Manager sees fit, provided however, that,

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REVIEW OF COUNCIL DELEGATIONS CONTD.

Where the City Manager is of the opinion that:

A. the assessment of any development application is of a controversial or contentious nature, that matter must not be dealt with by the City Manager pursuant to these delegations but must, instead, be referred to the Development Assessment Panel for decision; and

B. any enforcement matter (which excludes preliminary investigations or cases of emergency or any other case where urgent action is required) is of a controversial or contentious nature, that matter must not be dealt with by the City Manager pursuant to these delegations but must, instead, be referred to the Council for decision.

8. In exercise of the powers contained in Section 20 of the Development Act 1993

the powers, functions and duties under the Development Act 1993 and the Development Regulations 1993 contained in the document annexed to this Report and marked Annexure F are, subject to the conditions, limitations and provisos contained in Annexure F hereby delegated this 5th day of July 2005 to the Development Assessment Panel and such powers, functions and duties may be further delegated by the Development Assessment Panel to an officer or officers of the Council as the Development Assessment Panel sees fit provided however, that,

Where the Development Assessment Panel is of the opinion that any development application is of a controversial or contentious nature, that matter must not be dealt with by the Development Assessment Panel pursuant to these delegations but must, instead, be referred to the Council for decision.

9. In exercise of the powers contained in Section 44 of the Local Government Act 1991 the powers, functions and duties under the Community Titles Act 1996 contained in the document annexed to this Report and marked Annexure G are, subject to the conditions, limitations and provisos contained in Annexure G hereby delegated this 5th day of July 2005 to the person occupying the office of City Manager and such powers, functions and duties may be further delegated by the City Manager to an officer or officers of the Council as the City Manager sees fit.

10. In the exercise of the powers contained in Section 44 of the Local Government Act 1999 the powers, functions and duties under the Local Government Act 1999 relating to the City of Port Adelaide Enfield’s Policies and contained in the document annexed to this Report and marked Annexure H are, subject to the conditions, limitations and provisos contained in Annexure H hereby delegated this 5th day of July 2005 to the person occupying the office of City Manager and such powers, functions and duties may be further delegated by the City Manager to an officer or officers of the Council as the City Manager sees fit.

11. In exercise of the power contained in Section 44 of the Local Government Act

1999 (“the Act”) the Council this 5th day of July 2005:

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REVIEW OF COUNCIL DELEGATIONS CONTD.

11.1 authorises the affixation of the common seal in accordance with Section 38(1) to any document which requires the Council’s common seal to be affixed and which has been created to give effect to transactions authorised within the Council’s scheme of delegation where those documents may not otherwise be executed pursuant to Section 37(b) of the Act; and

11.2 delegates to the person occupying the office of City Manager the power to terminate any contract which the Council has entered into for the supply of goods or services to the Council where the City Manager is satisfied that there has been a breach of the contract sufficient to warrant termination, provided that it is a condition precedent that in respect of any contract with a value of $100,000.00 or more that prior to the City Manager exercising this power, the City Manager must consult with the Council’s Solicitor and obtain confirmation that there is a legal basis to terminate the contract.

12. In exercise of the power contained in Section 20 of the Development Act 1993 (“the Development Act”) the Council delegates this 5th day of July 2005 to the person occupying the office of City Manager the power to consent to any subsequent dealing with land the subject of a Land Management Agreement, including but not limited to the ability to consent to the discharge of a registered encumbrance and/or consent to the registration of an encumbrance provided that:

12.1 such dealing is in accordance with the terms of the Council’s Land Management Agreement; and

12.2 that any costs incurred by the Council in granting or recording its consent are paid by the registered proprietors of the land.

Such power may be further delegated by the City Manager to an officer or officers of the Council as the City Manager sees fit, and the Council authorises the City Manager to execute any documents on behalf of the Council to give effect to this delegation.

13. In exercise of the powers contained in Section 44 of the Local Government Act 1999 the Council delegates this 5th day of July 2005 to the person occupying the office of City Manager the power under the:

• Local Government Act 1999 and Local Government (General) Regulations;

• Local Government (Procedures at Meetings) Regulations 2000;

• Local Government (Financial Management) Regulations 1999;

• Local Government (Members Allowances and Benefits) Regulations 2000;

• Dog & Cat Management Act and Dog and Cat Management Regulations 1995;

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REVIEW OF COUNCIL DELEGATIONS CONTD.

• Housing Improvement Act 1940 and Housing Improvement Regulations 2001;

• South Australian Metropolitan Fire Service Act 1936;

• Road Traffic Act 1961, Road Traffic (Miscellaneous) Regulations, Road Traffic Rules – Ancillary and Miscellaneous Provisions) regulations and Australian Road Rules (Part 12);

• Roads (Opening and Closing) Act 1991, Roads (Opening and Closing) Regulations 1991 and Roads (Opening and Closing) Fees Regulations 1991;

• Environment Protection Act, Environment Protection (General) Regulations 1994, Environment Protection (Waste Control) Regulations 1994, Environment Protection (Fees and Levy) Regulations 1994, Environment Protection (water Quality) Policy;

• Private Parking Areas Act 1986 and Private Parking Areas Regulations 2001; and

• Native Vegetation Act 1991 and Native Vegetation Regulations 2003, (“the Statutes”), to commence a prosecution for a breach of the relevant Statute, where the Statute empowers the Council to commence prosecution for a breach and such power may be further delegated by the City Manager to an officer or officers of the Council as the City Manager sees fit.

14. In exercise of the powers contained in Section 20 of the Development Act 1993 the Council delegates this 5th day of July 2005 to the person occupying the office of City Manager the power under the Development Act 1993 and the Development Regulations 1993 to commence a prosecution for a breach of the Development Act and/ or the Development Regulations where the Development Act 1993 and/ or the Development Regulations 1993 empowers the Council to commence prosecution for a breach and such power may be further delegated by the City Manager to an officer or officers of the Council as the City Manager sees fit.

15. In exercise of the powers contained in Section 6 of the Public and Environmental Health Act 1987 the Council delegates this 5th day of July 2005 to the person occupying the office of City Manager the power under the Public and Environmental Health Act 1987 and/or the Public and Environmental Health (Waste Control) Regulations 1991 to commence a prosecution for a breach of the Public and Environmental Health Act 1987 and/or the Public and Environmental Health (Waste Control) Regulations 1991 where the Public and Environmental Health Act 1987 and/or the Public and Environmental Health (Waste Control) Regulations 1991 empowers the Council to commence prosecution for a breach and such power may be further delegated by the City Manager to an officer or officers of the Council as the City Manager sees fit.

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REVIEW OF COUNCIL DELEGATIONS CONTD.

16. In exercise of the powers contained in Section 9 of the Supported Residential Facilities Act 1992 the Council delegates this 5th day of July 2005 to the person occupying the office of City Manager the power under the Supported Residential Facilities Act 1992 and/or the Supported Residential Facilities Regulations 1994 to commence a prosecution for a breach of the Supported Residential Facilities Act 1992 and/or Supported Residential Facilities Regulations 1994 where the Supported Residential Facilities Act 1992 and/or Supported Residential Facilities Regulations 1994 empowers the Council to commence prosecution for a breach and such power may be further delegated by the City Manager to an officer or officers of the Council as the City Manager sees fit.

17. In exercise of the powers contained in Section 91 of the Food Act 2001 the Council delegates this 5th day of July 2005 to the person occupying the office of City Manager the power under the Food Act 2001 and/or the Food Regulations 2002 and/or the Food Standards Code to commence a prosecution for a breach of the Food Act 2001 and/or the Food Regulations 2002 and/or the Food Standards Code where the Food Act 2001 and/or the Food Regulations 2002 and/or the Food Standards Code empowers the Council to commence prosecution for a breach and such power may be further delegated by the City Manager to an officer or officers of the Council as the City Manager sees fit.

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ITEM 12.4.7 SUPPLEMENTARY ELECTION – OUTER HARBOUR WARD Summary The resignation from the Council by Councillor Wayne Gould requires a supplementary election to be held to fill the vacancy. This report outlines the key processes in respect to the election of a replacement Councillor. Report The conduct of an election, including a supplementary election, for a member of a Council is prescribed in the Local Government (Elections) Act 1999 (the Act). The election is by post and the Returning Officer is the (State) Electoral Commissioner. For the purpose of conducting elections for the City of Port Adelaide Enfield, the Returning Officer appoints officers of the Port Adelaide Branch of the (Federal) Australian Electoral Commission as Deputy Returning Officers. The Returning Officer also appoints a council liaison officer and council electoral officers to provide general assistance in various matters relating to the conduct of the elections. The City Manager is responsible for the preparation of voters rolls and supplementary voters rolls. Councillor Gould tendered his resignation to the City Manager on June 1, 2005 to be effective at midnight on June 30, 2005. Section 54(3) of the Local Government Act 1999 however restricts the time that a resignation can be given in advance to 14 days. Councillor Gould’s resignation therefore took affect at midnight on June 15, 2005. The Act requires a supplementary election to be held “as soon as practical after the occasion for the election arises”. Some critical dates for the supplementary election to replace Councillor Gould are: Close of Roll July 29, 2005 Nominations Open August 25, 2005 Close of Nominations September 15, 2005 Draw for Position of Names on Ballot Paper September 15, 2005

…/..

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SUPPLEMENTARY ELECTION – OUTER HARBOUR WARD (CONTD) Public Notice of Nominations Received/Notice in Writing to Candidates (not later than) September 22, 2005 Mail Out of Ballot Papers to Electors • From • To

September 27, 2005September 30, 2005

Polling Day/Close of Voting October 17, 2005 Provisional Declaration October 17, 2005 Public Notice of Election Results November 10, 2005 Corporate Plan Ensure effectiveness, consistency and probity in Council’s governance functions. RECOMMENDATION That Council resolve that the Director Corporate and City Development’s report “Supplementary Election – Outer Harbour Ward” be received and noted.

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ITEM 12.4.8 TENDERS Report The following tenders have been called: Tender No. Closing Date Description Department

TN 651 19.07.2005 Kaurna Cultural Heritage Survey

Corporate & City Development

The following tenders have been accepted and the successful tenderers advised: Tender No. Description Selected Tender Total Cost

Nil

City Plan Quality community assets and infrastructure that support our economic goals. (Goal) Corporate Plan Provide opportunities, services and facilities that meet the social, recreational and cultural needs of the community. (Strategy/Goal) RECOMMENDATION That the Report of the Director Corporate and City Development concerning tenders be received and noted.

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ITEM 12.4.9 CORPORATE & CITY DEVELOPMENT BUSINESS –

OUTSTANDING MATTERS The following Council resolutions requiring a report are outstanding: - Minutes Reference : 20 March 2002, GSC 649 Item 12.4 Subject : North Haven Beach – transfer from LMC to Council Action due by : A subsequent Council meeting Comments : LMC have advised they are continuing negotiations with

owners of private property abutting the North Haven Beach Foreshore Reserve. Awaiting further information.

Minute Reference : 15 June 2004 – CL 668, Item 16.7 Subject : Facilities at the Strathmont Centre, Oakden Action due by : As soon as practicable. Comments : A further meeting with IDSC senior administration is to be

arranged as a result of the meeting held 17 Feb 2005. Minute Reference : 09 November 2004 – CL 894, Item 16.3 Subject : Biodiversity Corridor – Northfield Action due by : A subsequent meeting of Council Comments : The matter of the provision for a bio-diversity corridor has

been referred to Planning SA in the context of the investigation into a Plan Amendment Report for the area commonly referred to as Northfield/Northgate Stage 3.

Minute Reference : 8 February 2005 – CL 1025 Item 16.4 Subject : Hanson Road Action due by : A subsequent meeting of Council. Comments : An issues paper is being prepared under a joint

arrangement with the City of Charles Sturt. RECOMMENDATION That the Report of the Director Corporate and City Development regarding the under mentioned outstanding items be received and noted: -

1. North Haven Beach – transfer from LMC to Council 2. Facilities at the Strathmont 3. Biodiversity Corridor – Northfield 4. Hanson Road

CL - CM 1

CITY MANAGER'S REPORT - HARRY WIERDA

5 JULY 2005

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Table of Contents ITEM 12.5.01. REGISTER OF INTERESTS - MEMBERS' RETURNS .....................3

ITEM 12.5.02. REGISTER OF INTERESTS – COUNCIL OFFICERS’ RETURNS..........................................................................................4

ITEM 12.5.03. STAFFING MATTERS.......................................................................5

ITEM 12.5.04. OUTSTANDING BUSINESS – CITY MANAGER ..............................6

ITEM 12.5.05. ANNUAL GENERAL MEETING – LOCAL GOVERNMENT FINANCE AUTHORITY – APPOINTMENT OF COUNCIL REPRESENTATIVE...........................................................................7

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COMPOSITE RECOMMENDATION – ITEMS 12. 5. 01 TO 12. 5. 05 That the recommendations contained in Agenda items numbered 12. 5. 01 to 12. 5. 05 be adopted. ITEM 12.5.1 REGISTER OF INTERESTS - MEMBERS' RETURNS Report Chapter 5, Part 4, Division 2 of the Local Government Act 1999 dealing with the Register of Interests, requires that each Elected Member of a council must, on or within 60 days after the 30 June, 2005 submit to the City Manager an Ordinary Return in accordance with Schedule 3. Under separate cover, two copies of the Ordinary Return forms, together with a copy of Schedule 3 of the Local Government Act have been supplied to all Members. It is requested that each Elected Member ensure that one completed form is returned to the City Manager within the prescribed time. Corporate Plan Ensure effectiveness, consistency and probity in Council’s governance functions. (Strategies/Goal) RECOMMENDATION That the City Manager’s Report titled “Register of Interests – Members’ Returns” be received and noted.

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ITEM 12.5.2 REGISTER OF INTERESTS – COUNCIL OFFICERS’ RETURNS Report Chapter 7, Part 4, Division 2 of the Local Government Act 1999 dealing with Register of Interests, requires that the Chief Executive Officer and any other Officer, declared by Council to be subject to the operation of this division (Prescribed Officer) are to submit a Return. Each person to whom this Division applies must submit a Primary Return as follows:- • In the case of the Chief Executive Officer – to the Principal Member of the

Council; • In the case of a Prescribed Officer – to the Chief Executive Officer. Existing Officers to whom this Division applies must, on or within 60 days after 30 June in each year, submit an ordinary return. Council can by resolution identify those Officers that it thinks should be Prescribed Officers and be subject to the above provision and be required to submit a Register of Interest in accordance with the Local Government Act. Corporate Plan Ensure effectiveness, consistency and probity in Council’s governance functions. (Strategies/Goal) RECOMMENDATION That Council resolve as follows:- 1. That the City Manager’s Report titled “Register of Interests - Council Officers’

Returns” be received and noted. 2. That Council resolve that Chapter 7, Part 4 of Division 2 of the Local

Government Act 1999, dealing with the Register of Interests, shall apply to the officer (as a Prescribed Officer) who for the time being occupies any of the following offices:- • Director City and Corporate Development • Director Technical Services • Director Community Development • Director Environmental Services

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ITEM 12.5.3 STAFFING MATTERS Summary During the April to June 2005 quarter, the following staff changes have occurred. The figures are inclusive of all field and administration staff within Council. Report • Michael Anderson, Truck Driver/Labourer – Construction, commenced

employment on 5 April 2005. • Victorio Copley, Tradesperson - Construction, commenced employment on

5 April 2005. • Justin Stephens, Community Centre Coordinator – Le Fevre, ceased employment

on 17 April 2005. • Lyn Townsend, Strategic Policy Officer – Corporate Policy, commenced

employment on 26 April 2005. • Kate Kroon, Human Resource Coordinator, commenced employment on

2 May 2005. • Gemma Chambers, Environmental Project Officer, ceased employment on

6 May 2005. • Craig Jager, Truck Driver/Labourer – Eastern Maintenance, commenced

employment on 10 May 2005. • Shirley Mauger, Library Officer – Greenacres, commenced employment on

10 May 2005. • Stephen Both, Development Officer – Planning, ceased employment on

13 May 2005. • Ian Bennie, Leading Worker – Construction, ceased employment on

17 May 2005. • Iain McPhillips, Environmental Project Officer, ceased employment on

18 May 2005. • Robyn Mears, Clerical Officer – Environmental Services, commenced

employment on 24 May 2005. • Nathan Rooney, Tradesperson – Active Turf, commenced employment on

24 May 2005. • Grant Lowcock, Truck Driver/Labourer – Eastern Maintenance, ceased

employment on 31 May 2005. • Gavin Craig, Leading Worker – Construction, ceased employment on

2 June 2005.

…/…

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STAFFING MATTERS CONTD. • Paul Smith, Plant Operator – Streetcare, ceased employment on 6 June 2005. • Mark Fewster, Development Officer – Planning, ceased employment on

9 June 2005. • Shaun Olds, Truck Driver/Labourer – Western Maintenance, commenced

employment on 21 June 2005. Corporate Plan To maintain a highly skilled, competent and motivated work force. RECOMMENDATION That the City Manager’s report titled “Staffing Matters” be received and noted. ITEM 12.5.4 OUTSTANDING BUSINESS – CITY MANAGER Report There are currently no Council resolutions requiring action or a report at this date. RECOMMENDATION That the City Manager’s report titled “Outstanding Business – City Manager”, be received and noted.

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ITEM 12.5.5 ANNUAL GENERAL MEETING – LOCAL GOVERNMENT

FINANCE AUTHORITY – APPOINTMENT OF COUNCIL REPRESENTATIVE

Summary The appointment of a Council Representative is sought to attend the Annual General Meeting of the Local Government Finance Authority to be held on Friday 7 October 2005 at the Convention Centre, North Terrace, Adelaide. Report The Local Government Finance Authority has advised that the Annual General Meeting of the Local Government Association is to be held on the same day and has suggested that the same person be appointed to represent our Council on the Association and the Finance Authority. Council at its meeting held on 22 July 2003 appointed Mayor Barr as this Council’s representative for the Local Government Association and the Local Government Finance Authority. Notice of Motion The Rules of the Finance Authority in relation to Annual General Meeting procedures require that a Notice of Motion specifying the resolution which is to be proposed has been given in writing to the Chief Executive Officer of the Authority not less than forty two days prior to the meeting and to comply with this Rule, it is necessary for Notices of Motion to be submitted to the Local Government Finance Authority of South Australia office on or prior to Friday 5 August 2005. (A copy of the Local Government Finance Authority correspondence and forms have been supplied to all Members and appear as Attachment 1 to this report.) Corporate Plan Ensure effectiveness, consistency and probity in Council’s governance functions. (Strategies / Goal) RECOMMENDATION That Council resolve that the City Manager’s report titled “Annual General Meeting – Local Government Finance Authority – Appointment of Council Representative” be received and noted.

CORR - CL 1

ITEM 13. CORRESPONDENCE ITEM 13.1 CORRESPONDENCE – HON MIKE RANN MP PREMIER OF

SOUTH AUSTRALIA – AIR WARFARE DESTROYER PROGRAM Correspondence dated 17 June 2005, has been received from the Hon Mike Rann, Premier of South Australia, thanking Council for a letter of congratulations sent to him concerning the recent announcement by the Commonwealth Government and South Australia’s involvement in the Air Warfare Destroyer program. (A copy of the letter from the Hon Mike Rann Premier of South Australia and a copy of the Mr Rann’s Ministerial statement has been supplied to all Members and appears as Attachment 1 and 2 respectively to this Agenda Item.) RECOMMENDATION That the City Manager’s report titled “Correspondence – Hon Mike Rann MP Premier of South Australia – Air Warfare Destroyer Program”, be received and noted.