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MINUTES OF THE COUNCIL MEETING HELD ON TUESDAY, 13 MAY 2014

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MINUTES

OF THE

COUNCIL MEETING

HELD ON

TUESDAY, 13 MAY 2014

COUNCIL

MINUTES 13 MAY 2014

MINUTES OF A MEETING OF THE COUNCIL HELD IN THE COUNCIL CHAMBERS, 131 BELAIR ROAD, TORRENS PARK ON TUESDAY, 13 MAY 2014 AT 7.00 PM. MEMBERSHIP: His Worship the Mayor (M Picton)

Crs C Adcock, S Fisher, N Greer, E Grimm, B Hearne, T Hein, L Moriarty, D Munro, Y Poland, J Sanderson, J Silbereisen, M Ward and J Weaver

INDEX PLEDGE AND KAURNA ACKNOWLEDGEMENT ................................................... 1 PRESENT: ................................................................................................................. 1 APOLOGIES: ............................................................................................................. 1 LEAVE OF ABSENCE: .............................................................................................. 1 ABSENT: ................................................................................................................... 1 STAFF IN ATTENDANCE: ........................................................................................ 1 WELCOME ................................................................................................................ 2

BUSINESS ................................................................................................................. 2

1. ELECTED MEMBERS’ DECLARATIONS OF INTERESTS ................ 2

2. CONFIRMATION OF MINUTES ..................................................... 2

2.1 FULL COUNCIL MEETING – 22 APRIL 2014 ............................................... 2

3. ADJOURNED MOTIONS................................................................ 2

4. DEPUTATIONS ............................................................................. 2

4.1 MR PHIL DUNKLEY – MITCHAM HILLS COMMUNITY HOUSING ASSOCIATION INC ....................................................................................... 2

CHANGE TO ORDER OF BUSINESS ...................................................................... 3

7.2 MITCHAM HILLS COMMUNITY HOUSING ASSOCIATION ......................... 3

COUNCIL INDEX PAGE 2 MINUTES 13 MAY 2014

5. GALLERY QUESTION TIME .......................................................... 4

5.1 MR PETER JOHNSON – BUDGET & LONG TERM FINANCIAL PLAN ....... 4

6. PETITIONS .................................................................................. 5

7. DECISION REPORTS .................................................................... 5

7.1 YOUTH PLAN 2014-2017 .............................................................................. 5

7.2 MITCHAM HILLS COMMUNITY HOUSING ASSOCIATION ......................... 5

7.3 PARTIAL EXTINGUSHMENT OF EXISTING STORMWATER EASEMENT - CERTIFICATE OF TITLE 6113/898. ....................................... 6

7.4 TREES TO BE REMOVED MAY 2014 ........................................................... 6

7.5 QUARTERLY REPORT - TRAFFIC MANAGEMENT – PROJECT LIST AND PRIORITIES .......................................................................................... 7

8. CONFIDENTIAL REPORTS ........................................................... 7

9. INFORMATION ONLY REPORTS ................................................... 7

9.1 RESILIENT SOUTH – INTEGRATED VULNERABILITY ASSESSMENT ...... 7

9.2 QUARTERLY REPORT - STORMWATER PROJECTS – PRIORITY LIST ............................................................................................................... 7

9.3 QUARTERLY REPORT - TREES REMOVED JANUARY – APRIL 2014 ...... 8

10. RECOMMENDATIONS FROM COMMITTEES ................................. 8

10.1 MITCHAM CULTURAL VILLAGE COMMITTEE – 5 MAY 2014 .................... 8

11. DEVELOPMENT ASSESSMENT PANEL MEETINGS ........................ 8

12. NOTICES OF MOTION .................................................................. 8

13. MOTIONS WITHOUT NOTICE ....................................................... 9

13.1 CR GREER – BLACKWOOD FITNESS CENTRE CRECHE ......................... 9

ADJOURNMENT OF MEETING ................................................................................ 9

RESUMPTION OF MEETING .................................................................................... 9

CHANGE TO ORDER OF BUSINESS ...................................................................... 9

14. QUESTIONS ON NOTICE ............................................................ 10

QUESTIONS FROM THE COUNCIL MEETING – 13 MAY 2014 ............................ 10

14.1 CR GRIMM - BLACKWOOD SOUTH LOCAL TRAFFIC MANAGEMENT PLAN ........................................................................................................... 10

14.2 CR GREER – 11 WAITE STREET, BLACKWOOD ..................................... 12

14.3 CR WEAVER – BMX TRACKS .................................................................... 12

14.4 CR GREER – LEGAL ADVICE EXPENDITURE .......................................... 12

15. QUESTIONS WITHOUT NOTICE .................................................. 13

15.1 CR FISHER – LONG TERM FINANCIAL PLAN .......................................... 13

COUNCIL INDEX PAGE 3 MINUTES 13 MAY 2014

15.2 CR FISHER – BUDGET PROCESS AND LONG TERM FINANCIAL PLAN ........................................................................................................... 14

15.3 CR FISHER – CONFLICT OF INTEREST .................................................... 14

15.4 CR GREER – ............................................................................................... 15

15.5 CR FISHER – QUESTIONS ON NOTICE .................................................... 15

16. REPORTS FROM REGIONAL SUBSIDIARIES ............................... 15

16.1 EASTERN WASTE MANAGEMENT AUTHORITY – 10 APRIL 2014 .......... 15

17. MAYORAL BUSINESS ................................................................. 16

17.1 MEETINGS ATTENDED BY THE MAYOR .................................................. 16

17.2 OTHER BUSINESS RAISED BY THE MAYOR ........................................... 16

18. CEO BUSINESS .......................................................................... 16

18.1 MEETINGS ATTENDED BY THE CHIEF EXECUTIVE OFFICER ............... 16

19. WRITTEN REPORTS FROM ELECTED MEMBERS AS COUNCIL REPRESENTATIVES ON OUTSIDE BODIES .................. 16

20. REPORTS OUTSTANDING AND RESOLUTIONS NOT YET EFFECTED ................................................................................ 16

20.1 ACTION SHEET .......................................................................................... 16

21. ANY OTHER BUSINESS .............................................................. 16

14. QUESTIONS ON NOTICE ............................................................ 17

14.2 CR GREER – 11 WAITE STREET, BLACKWOOD ..................................... 17

CLOSE: .................................................................................................................... 18

COUNCIL

MINUTES 13 MAY 2014

MINUTES OF A MEETING OF THE COUNCIL HELD IN THE COUNCIL CHAMBERS, 131 BELAIR ROAD, TORRENS PARK ON TUESDAY, 13 MAY 2014 AT 7.00 PM. MEMBERSHIP: His Worship the Mayor (M Picton)

Crs C Adcock, S Fisher, N Greer, E Grimm, B Hearne, T Hein, L Moriarty, D Munro, Y Poland, J Sanderson, J Silbereisen, M Ward and J Weaver.

PLEDGE AND KAURNA ACKNOWLEDGEMENT The Mayor pledged: May we in this meeting, speak honestly, listen attentively, think clearly, and decide wisely, for the good governance of this city, and the well being of those we serve. We would like to acknowledge that this land we meet on today is the traditional land of the Kaurna people and we respect their spiritual relationship with their country. We also acknowledge the Kaurna people as the custodians of the greater Adelaide region and that their cultural and heritage beliefs are still important to the living Kaurna people today. PRESENT:

His Worship the Mayor (M Picton) Crs C Adcock, S Fisher, N Greer, E Grimm, B Hearne, T Hein, L Moriarty, J Silbereisen, M Ward and J Weaver. Cr D Munro arrived at 9.09 pm during the break.

APOLOGIES:

Cr J Sanderson

LEAVE OF ABSENCE:

Nil.

ABSENT:

Cr Y Poland

STAFF IN ATTENDANCE:

Chief Executive Officer (M Pears), Director Development and Compliance (C Harrison), Director Engineering and Horticulture (H Lacy), A/Director Community Services and Business Improvement (K Manson), Special Projects Engineer, Manager Planning and Building Services and Secretary (L Young).

COUNCIL PAGE 2 MINUTES 13 MAY 2014

WELCOME The Mayor welcomed those present to the meeting. BUSINESS 1. ELECTED MEMBERS’ DECLARATIONS OF INTERESTS

The Mayor asked if any Member wished to disclose an interest in relation to any item being considered at the meeting.

• Cr Grimm declared an interest (but no conflict) in relation to Item 7.2 as she is

Council’s representative on the Mitcham Hills Community Housing Association.

2. CONFIRMATION OF MINUTES

2.1 FULL COUNCIL MEETING – 22 APRIL 2014

MOVED Cr Fisher that the Minutes of the Meeting held on 22 April 2014 be confirmed.

SECONDED Cr Weaver CARRIED

3. ADJOURNED MOTIONS

Nil. 4. DEPUTATIONS

4.1 MR PHIL DUNKLEY – MITCHAM HILLS COMMUNITY HOUSING ASSOCIATION INC

Mr Phil Dunkley, representing the Mitcham Hills Community Housing

Association Inc, addressed the Council in support of leasing the Edward Street Blackwood properties for young people at risk of homelessness (Item 7.2), and answered questions from Councillors.

LEAVE OF THE MEETING WAS GRANTED FOR MR DUNKLEY TO SPEAK FOR A FURTHER 3 MINUTES.

COUNCIL PAGE 3 MINUTES 13 MAY 2014

CHANGE TO ORDER OF BUSINESS

MOVED Cr Hein that Item 7.2 be dealt with at this point. SECONDED Cr Grimm CARRIED

7.2 MITCHAM HILLS COMMUNITY HOUSING ASSOCIATION

Wade Reynolds / Kristen Manson (Meeting Date: 13 May 2014) (Ref: FF/2012/111 / 14.47399) DECISION 1 MOVED Cr Grimm that Council continues to lease the properties at Edward Street, Blackwood for the provision of youth housing for young people at risk in the Mitcham Hills area. SECONDED Cr Weaver CARRIED UNANIMOUSLY DECISION 2 MOVED Cr Grimm: (1) That Council seeks Expressions of Interest, as per attachment (E1 –

E4), from community housing providers for the provision of youth housing for young people at risk in the Mitcham Hills area at Council properties in Edward Street, Blackwood.

(2) That a panel of Council staff assesses the Expressions of Interest

against the agreed criteria and determines a preferred provider. (3) That a suitable nominee from the Mitcham Hills Community Housing

Association Inc be invited to provide advice to the panel of Council staff in assessing the preferred provider.

(4) That Council be informed of the outcome of the Expressions of

Interest and successful provider to provide community housing. SECONDED Cr Ward CARRIED UNANIMOUSLY

COUNCIL PAGE 4 MINUTES 13 MAY 2014

5. GALLERY QUESTION TIME

5.1 MR PETER JOHNSON – BUDGET & LONG TERM FINANCIAL PLAN

(1) My first question deals with Council’s capitalisation policy and the use

of debt funding. Mitcham Council’s Policy Manual contains the following policy – Financial Management – Debt (07.07), which states: “Debt is not a productive or equitable use of Council resources when used as a substitute for current revenue in maintaining or replacing existing levels of asset infrastructure and inventory, or for covering, whether directly or indirectly, the cost of interest on debt. Additional borrowings should not be raised to provide funds for these purposes.” This appears to be consistent with the LGA Financial Stability information papers and other councils’ financial plans, policies and practices (eg City of Onkaparinga Funding Procedure Policy – page 4 – borrowings only allowed for “capital extension (new assets) and significant upgrades”). By contrast, Mitcham Council seems to be capitalising items of expenditure which appear to be either wholly or partly maintenance or replacement of existing infrastructure. As an example, the following item appears in the Unfunded Priorities – Recurrent Services (inc. Capital) Schedule (Attachment E16) Reserves, Open Spaces and Recreation Facilities Line 6: Balham Reserve – Path Upgrade – Replace old degraded bitumen path with 4 metre wide bitumen path from Cross Road to Tutt Avenue and maintain width, Operating (ongoing) $8.6k Capital $123.0k (Note: A 4 metre wide bitumen pathway already exists for the full length – nothing new is being created – it is replacing like with like). In addition, Mitcham Council is proposing small surpluses in the latter years of the Long Term Financial Plan. Consequently the necessary funding can only from borrowings, resulting in net financial liabilities blowing out to a peak of $33.7M in 2023. I note that the Audit Committee have recommended an operating surplus target of 2.5% on average over rolling 5 years. My question is, does the financial management inherent in Mitcham Council’s draft Annual and Long Term Financial Plans conform with

COUNCIL PAGE 5 MINUTES 13 MAY 2014

Debt Policy 07.07, the LGA recommendations, and the policies and practices of comparable councils?

ANSWER The question was taken on notice and an answer will be provided in a future

agenda. (2) I note that the questions that Mr Les Elekes and I asked at the 22 April

2014 Council meeting remain unanswered. My question is, given the limited time available to make submissions,

when can answers to the unanswered questions from the 22 April 2014 meeting and this meeting, be expected?

ANSWER The answers to the questions asked at the meeting held on 22 April 2014 will

be provided in the Council agenda for the meeting to be held on 27 May 2014, as per previous timelines when the Council only had one meeting per month. The answers to the questions from this meeting will be provided in the Council agenda for the meeting to be held on 10 June 2014.

6. PETITIONS

Nil 7. DECISION REPORTS

7.1 YOUTH PLAN 2014-2017

Stephen Saffin / Ulus Fuat (Meeting date: 13 May 2014) (Ref: 14.47005) MOVED Cr Grimm that the Youth Plan 2014-2017 (Attachment A) be endorsed by Council. SECONDED Cr Ward CARRIED UNANIMOUSLY

7.2 MITCHAM HILLS COMMUNITY HOUSING ASSOCIATION Wade Reynolds / Kristen Manson (Meeting Date: 13 May 2014) (Ref: FF/2012/111 / 14.47399) This item was dealt with earlier in the meeting after Item 4.1

COUNCIL PAGE 6 MINUTES 13 MAY 2014

7.3 PARTIAL EXTINGUSHMENT OF EXISTING STORMWATER EASEMENT - CERTIFICATE OF TITLE 6113/898. Craig Harrison / Mark Swanbury (Meeting Date: 13 May 2014) (FF/2011/77 / 14.42221)

MOVED Cr Fisher (1) That Council approves the partial extinguishment of the stormwater

easements marked “H” on allotment 620* in Certificate of Title 6113/898.

(2) That all cost associated are borne by the applicant.

(3) That the Mayor and Chief Executive Officer be authorised to execute

all documents under the common seal of the Council required to give effect to this resolution.

SECONDED Cr Ward CARRIED

7.4 TREES TO BE REMOVED MAY 2014

Howard Lacy/Tim Johnson (Meeting Date 13 May 2014) (Ref: FF/2013/1112) MOVED Cr Fisher that Council approves the removal and replacement of fifteen (15) non-regulated trees being:

1. 41 Vancouver Avenue Panorama, South Australian Blue Gum 2. 30 Halsbury Avenue Kingswood, White Cedar 3. 13 Tennant Street Torrens Park, Golden Rain 4. 5 Tokay Court Craigburn Farm, two South Australian Blue Gums 5. 8 Yalanda Street Eden Hills, Grey Box 6. 36 Denning Street Hawthorn, Native Frangipani 7. 15 Garwood Street Hawthorn, Southern Nettle 8. 2 Gannet Avenue Glenalta, Manna Gum 9. 1 Glenfield Court Hawthorndene, five Sugar Gums 10. 213 – 217 Main Road Blackwood, Desert Ash

SECONDED Cr Ward CARRIED

COUNCIL PAGE 7 MINUTES 13 MAY 2014

7.5 QUARTERLY REPORT - TRAFFIC MANAGEMENT – PROJECT LIST AND PRIORITIES Howard Lacy / Daniel Baker / Ashni Kumar (Meeting Date: 13 May 2014) (Ref: FF/2011/1462) MOVED Cr Ward that Council notes:

(1) the current recommended traffic and transport priorities as outlined in

the report and attachment. (2) the additional project that staff propose to move into the Priority 1 list:

• Greenwood Grove, Urrbrae – Deputation received by Council in April 2014 and as an outcome of the meeting a parking review will be considered within the priority 1 listing of traffic projects.

SECONDED Cr Weaver CARRIED

8. CONFIDENTIAL REPORTS

Nil.

9. INFORMATION ONLY REPORTS

9.1 RESILIENT SOUTH – INTEGRATED VULNERABILITY ASSESSMENT

Howard Lacy/Natalie Iglio (Meeting Date: 13 May 2014) (Ref: 14.41505) MOVED Cr Fisher that the report be received for information only. SECONDED Cr Ward CARRIED

9.2 QUARTERLY REPORT - STORMWATER PROJECTS – PRIORITY LIST Howard Lacy/ Daniel Baker (Meeting Date 13 May 2014) (Ref: FF: 2011/1460) MOVED Cr Silbereisen that the report be received for information only. CR ADCOCK LEFT THE MEETING AT 8.25 PM DURING DISCUSSION OF THIS ITEM. CR GRIMM LEFT THE MEETING AT 8.35 PM DURING DISCUSSION OF THIS ITEM. SECONDED Cr Ward CARRIED

COUNCIL PAGE 8 MINUTES 13 MAY 2014

9.3 QUARTERLY REPORT - TREES REMOVED JANUARY – APRIL 2014 Howard Lacy/Tim Johnson (Meeting Date: 13 May 2014) (Ref: FF/2013/148) MOVED Cr Ward that the report be received for information only. SECONDED Cr Silbereisen CARRIED

10. RECOMMENDATIONS FROM COMMITTEES

10.1 MITCHAM CULTURAL VILLAGE COMMITTEE – 5 MAY 2014

10.1.1 VOICES OF THE VILLAGE 2014 EVENT - UPDATE Stephen Saffin/Nina Filipenko/Catherine Aldrete-Morris (Meeting Date: 5 May 2014) (Ref:14.42666) MOVED Cr Moriarty that the Voices of the Village 2014 event be called Mitcham Village Music and Culture Fair. CR GRIMM RETURNED TO THE MEETING AT 8.38 PM DURING DISCUSSION OF THIS ITEM. SECONDED Cr Weaver CARRIED

10.1.2 VALE – REV ROD MANN MOVED Cr Weaver that this Committee expresses its condolences to the family of the late Rev Rod Mann who passed away on Friday 2 May 2014. SECONDED Cr Moriarty CARRIED

11. DEVELOPMENT ASSESSMENT PANEL MEETINGS

This report appears in the second Council agenda of the month. 12. NOTICES OF MOTION

Nil.

COUNCIL PAGE 9 MINUTES 13 MAY 2014

13. MOTIONS WITHOUT NOTICE

13.1 CR GREER – BLACKWOOD FITNESS CENTRE CRECHE MOVED Cr Greer that Council write urgently to the Blackwood Fitness Centre

encouraging the gym to reconsider the closure of the gym crèche.

SECONDED Cr Hein CARRIED A DIVISION WAS CALLED BY CR FISHER AND THE DECISION WAS SET ASIDE: For the motion: Cr Ward, Cr Hein, Cr Hearne, Cr Silbereisen, Cr Grimm

and Cr Greer Against the motion: Cr Fisher, Cr Moriarty and Cr Weaver THE MAYOR DECLARED THE MOTION CARRIED

ADJOURNMENT OF MEETING THE MEETING ADJOURNED AT 8:56 PM FOR A BREAK CR MUNRO ARRIVED AT 9.09 PM DURING THE BREAK RESUMPTION OF MEETING THE MEETING RECONVENED AT 9.10 PM CHANGE TO ORDER OF BUSINESS MOVED Cr Greer that further Motions Without Notice and Item 14.2 be dealt with at the end of the agenda. SECONDED Cr Ward CARRIED

COUNCIL PAGE 10 MINUTES 13 MAY 2014

14. QUESTIONS ON NOTICE

QUESTIONS FROM THE COUNCIL MEETING – 13 MAY 2014 14.1 CR GRIMM - BLACKWOOD SOUTH LOCAL TRAFFIC MANAGEMENT

PLAN

QUESTION:

(1) What were the costs to Council for: (a) the consultancy company which provided a report and

recommendations; and (b) the community consultation only recently conducted? ANSWER:

(a) GTA Consultants completed the traffic study, including the report and recommendations, at a cost $9,100 (excluding GST).

(b) Community consultation cost will be approximately $3,600

which covers the cost of mail outs, advertising, analysis of responses and preparation of a further report to Council.

QUESTION: (2) If not acted upon by Council, how long will the consultant’s

investigations and consequent recommendations, and thus the results of the community consultation, remain valid for the project to be enacted?

ANSWER: There is no set period, however Administration believes that the technical investigation and community consultation results would remain valid for approximately 18 months to 2 years after completion of the current work. QUESTION: (3) Why was the entire project as referred to above embarked upon, when

administration did not recommend any funding in the 2014/2015 Budget for it? Was there ever an intention to fund it?

ANSWER: Council resolved to undertake the study via the Traffic Projects Priority List in response to community concerns about traffic issues in the area. A report presented to the Full Council meeting on 14 February 2014 presented the consultant’s preliminary recommendations for traffic control

COUNCIL PAGE 11 MINUTES 13 MAY 2014

measures and sought approval from Council to refer the recommendations for community consultation. The report included the section headed “Impact on Budget including Lifecycle Costing” which stated:

Funding for community consultation phase is available within existing budgets. Currently there is no capital funding allocated to undertake construction of any traffic management devices/works if the traffic management plan were approved. A preliminary cost estimate for the works is as follows:

Control Device

Indicative Cost (each) No. Required Indicative Cost

Driveway Link $50,000 3 $150,000 Threshold $15,000 6 $ 90,000 Total $240,000 Should Council ultimately support installation of the proposed treatments, budget funding might be provided over 2 financial years.

Community consultation closed on 3 April 2014 and the follow-up report has yet to be presented back to Council. As such, the project is not yet approved by Council and therefore Administration was unable to recommend any funding in the draft 2014/15 Capital Program. The project was however included in the Unfunded Projects list for information of Council to flag the need and quantum of funding required if Council approves the project. The budget bids were presented in 2 parts: (a) Operating projects funding in 2014/15 to cover Stage 1 works -

concept design final community consultation being $65,000 (refer project 23 on Attachment B1 of Item 7.1 of Council Agenda 22 April 2014).

(b) Capital funding (and associated recurrent costs) for Stages 2 and 3 of

the project in 2014/15 and 2015/16 being $95,000 and $145,000 respectively (total capital cost of $240,000) with associated recurrent costs of $6,000 and $20,000 respectively (refer project 24 on Attachment A1 of Item 7.1 of Council Agenda 22 April 2014).

As the project appeared on the unfunded projects list, Councillors were at liberty to add these to the recommended funded projects in the draft 2014/15 Capital Works and Operating Projects. Administration believed that if Council subsequently approved the project after community consultation, that additional funding could be approved as part of Council’s 3 monthly budget review process.

COUNCIL PAGE 12 MINUTES 13 MAY 2014

14.2 CR GREER – 11 WAITE STREET, BLACKWOOD

This item was dealt with at the end of the agenda, after Other Business.

14.3 CR WEAVER – BMX TRACKS

QUESTIONS: (1) Is there a BMX track currently provided within the electorate? (2) Is there a current plan to develop one and where? (3) Which locations for a suitable pre-secondary school BMX track could

be considered for the future if the demand warrants one? ANSWERS The questions were taken on notice and answers will be provided in a future agenda.

14.4 CR GREER – LEGAL ADVICE EXPENDITURE

QUESTIONS: (1) What is the reason for Council's $80,000 in expenditure (according to

the Messenger of 7/5/14) on legal expenses for a challenge that apparently on our own advice "wasn't strong"?

(2) What steps could be put in place to reduce expenditure, or require

Council authorisation for future cases requiring high legal expenditure?

(3) Could Council please be provided with copies of the accounts

discussed in the Messenger along with any reports from the lawyers involved regarding this case (if not still confidential)?

ANSWERS The questions were taken on notice and answers will be provided in a future agenda.

COUNCIL PAGE 13 MINUTES 13 MAY 2014

15. QUESTIONS WITHOUT NOTICE

15.1 CR FISHER – LONG TERM FINANCIAL PLAN

QUESTIONS:

(1) According to the Long Term Financial Plan, Council is obligated to

make repayments of principal over the life of the LTFP as set out hereunder. Based on the proposed rate increases (4.24% for 2014/15, and between 3.95% and 4.95% for future years) Council is budgeting for the following surpluses.

Principal Surplus /(deficit)

repayments (excl. subsidiaries) $000 $000

2014 1,114 (1,832) 2015 1,042 (21) 2016 1,274 102 2017 1,676 183 2018 2,043 497 2019 2,264 474 2020 2,629 473 2021 3,066 562 2022 3,423 533 2023 3,962 586 2024 4,736 586

In order to adequately service the debt, repayments of the principal, as

well as the interest, must be provided for. Failure to do so is simply borrowing to make repayments of existing loans.

Short of selling assets, the only way that Council can adequately

service its loans (i.e. repay principal and interest as and when it falls due) is by way of available operating surpluses.

My question is – what rate increases will be required on a year by year

basis (from 2015 onwards, since Council can do nothing about the $1.83m estimated 2014 deficit) to fully service the proposed new borrowings on a year by year basis? Note: These new borrowings are set out towards the rear of the LTFP document, on the page headed “Forecast Statement of Cash Flows”, in the column “Proceeds of Borrowings”.

(2) It is clear from other Council’s Long Term Financial Plans and Policies

that they only borrow for new assets and significant upgrades, and fund renewals of existing assets from actual annual income (revenue) sources (rates/ grants etc). This seems to be consistent with recommended practice.

Is Mitcham doing the same, or is it borrowing to fund renewals?

COUNCIL PAGE 14 MINUTES 13 MAY 2014

ANSWERS The questions were taken on notice and answers will be provided in a future agenda.

15.2 CR FISHER – BUDGET PROCESS AND LONG TERM FINANCIAL PLAN

(1) The Draft Long Term Financial Plan discloses the following rate increases (page 9):

Year 1 Year 2 onwards

Residential & other 4.24% Ranging between 3.90% - 4.95% Commercial/Industrial 6.8% 3.90% - 4.95%

What is the rate increase from year 2 onwards on a year by year

basis? (2) The Audit Committee has recommended that Council’s operating

surplus should be “2.5% target on an average over rolling 5 years” (Minutes of 6 March 2014, confirmed at 8 May 2014 Audit Committee meeting).

What annual surpluses and consequent rate increases on a year by

year basis would be required to meet this target? ANSWERS The questions were taken on notice and answers will be provided in a future agenda.

15.3 CR FISHER – CONFLICT OF INTEREST QUESTION:

Does Council have a conflict of interest in writing to the Blackwood Fitness Centre with respect to the crèche communication given Council’s ownership of the competing Blackwood Recreation Centre? ANSWER The question was taken on notice and an answer will be provided in a future agenda.

COUNCIL PAGE 15 MINUTES 13 MAY 2014

15.4 CR GREER – QUESTION What timeline is envisaged for the CEO Performance Committee to consider

the inclusion of staff numbers and staff expenditure KPIs as resolved by Council on 22 April 2014.

ANSWER The CEO Performance Committee met on Monday 12 May 2014 and the

recommendations from this meeting will be presented to Council on 27 May 2014. This meeting related to the performance of the CEO over the last 12 months and a contract review based on this.

Another CEO Performance Committee meeting is scheduled for Monday

26 May 2014, where KPIs for the next 12 months will be discussed, and any recommendations from this meeting will be presented to the Council meeting to be held on 10 June 2014.

15.5 CR FISHER – QUESTIONS ON NOTICE Could all items raised in Questions on Notice which involve a potential motion

Without Notice from Council be dealt with on the night, as recommended on page 175 of agenda 13/5/2014

ANSWER The question was taken on notice and an answer will be provided in a future

agenda.

MOVED Cr Grimm that the Questions Without Notice be recorded in the minutes. SECONDED Cr Munro CARRIED UNANIMOUSLY

16. REPORTS FROM REGIONAL SUBSIDIARIES

16.1 EASTERN WASTE MANAGEMENT AUTHORITY – 10 APRIL 2014 Lyn Young (Meeting Date: 13 May 2014) (Ref: FF/2014/605)

MOVED Cr Silbereisen that the Minutes of the Board of Eastern Waste Management Authority held on 10 April 2014 be received. SECONDED Cr Munro CARRIED

COUNCIL PAGE 16 MINUTES 13 MAY 2014

17. MAYORAL BUSINESS

17.1 MEETINGS ATTENDED BY THE MAYOR Joylene Neddermeyer (Meeting Date 13 May 2014) (Ref: FF/2014/94) MOVED Cr Fisher that the report be received for information only. SECONDED Cr Silbereisen CARRIED

17.2 OTHER BUSINESS RAISED BY THE MAYOR

The Mayor spoke about the very successful Volunteer film morning held this morning and thanked Volunteers for their ongoing support to the Council. The Mayor brought the Elected Members attention to the Resilient South Workshop to be held on 29 May 2014 at the Somerton Park Surf Lifesaving Club commencing at 6.00 pm.

18. CEO BUSINESS

18.1 MEETINGS ATTENDED BY THE CHIEF EXECUTIVE OFFICER

Joylene Neddermeyer (Meeting Date: 13 May 2014) (Ref: FF/2014/93) MOVED Cr Fisher that the report be received for information only. SECONDED Cr Ward CARRIED

19. WRITTEN REPORTS FROM ELECTED MEMBERS AS COUNCIL REPRESENTATIVES ON OUTSIDE BODIES

Nil

20. REPORTS OUTSTANDING AND RESOLUTIONS NOT YET EFFECTED 20.1 ACTION SHEET

This report appears in the second Council agenda of the month.

21. ANY OTHER BUSINESS

Nil.

COUNCIL PAGE 17 MINUTES 13 MAY 2014

14. QUESTIONS ON NOTICE

14.2 CR GREER – 11 WAITE STREET, BLACKWOOD

MOVED Cr Greer that pursuant to Section 90(2) and (3)(b)(i) and (ii) of the Local Government Act 1999, the Council orders the public be excluded, with the exception of staff present on the basis that the Council considers it necessary and appropriate to act in a meeting closed to the public in order to receive, discuss or consider in confidence the information and that the Council is satisfied with the principle that the meeting should be conducted in a place open to the public has been outweighed in relation to the matter under consideration because: • The information is of the nature specified in Subsection 90(3) (b)(i) and (ii)

of the Local Government Act 1999, being information the disclosure of which could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council; and would, on balance, be contrary to the public interest.

SECONDED Cr Hein CARRIED THE MEETING MOVED INTO CONFIDENCE SO CONFIDENTIAL MATTERS COULD BE DISCUSSED SUSPENSION OF PROCEEDINGS There being approval of more than two-thirds of the members present, the Mayor suspended proceedings at 10.04 pm pursuant to Regulation 21(1) of Local Government (Procedures at Meetings) Regulations 2000 in relation to Item 14.2 to allow informal discussions until the issues have been clarified. CR WEAVER LEFT THE MEETING AT 10.22 PM DURING THE DISCUSSION OF THIS ITEM. CR FISHER LEFT THE MEETING AT 10.28 PM DURING THE DISCUSSION OF THIS ITEM. RESUMPTION OF PROCEEDINGS Following the completion of informal discussions, the Mayor determined that the period of suspension be brought to an end at 10.36 pm.

COUNCIL PAGE 18 MINUTES 13 MAY 2014

DECISION 2 MOVED Cr Hein: (1) That having considered the said information or matter pursuant to

Section 90 (3) (b)(i) and (ii) under Part 3 of Chapter 6 of the Local Government Act 1999, the Council orders pursuant to Section 91(7) of the Local Government Act 1999 that Decision 1 relating to Agenda Item No 14.2 be kept confidential until a commercial advantage would no longer be conferred on a person with whom the Council is conducting, or proposing to conduct business, or the commercial position of the Council would no longer be prejudiced and would on balance no longer be contrary to public interest.

(2) That the Chief Executive Officer be authorised to review the confidentiality order annually.

(3) That pursuant to Section 91(9)(c) of the Local Government Act 1999 the Chief Executive Officer be authorised to revoke this order.

SECONDED Cr Ward CARRIED FOLLOWING DISCUSSION OF CONFIDENTIAL MATTERS, THE MEETING MOVED OUT OF CONFIDENCE.

CLOSE:

There being no further business the meeting closed at 10.37 pm.