ordinary council meeting local government … · the meeting commenced at 7:00 pm. 1 attendance...
TRANSCRIPT
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MINUTES
of
ORDINARY COUNCIL MEETING
Pursuant to the provisions of Section 84(1) of the Local Government Act 1999
HELD IN
COUNCIL CHAMBERS PLAYFORD CIVIC CENTRE
10 PLAYFORD BOULEVARD, ELIZABETH
ON
TUESDAY, 24 JULY 2018
The meeting commenced at 7:00 pm.
1 ATTENDANCE RECORD
1.1 Present MAYOR GLENN DOCHERTY – Principal Member Cr Marilyn Baker Cr Samantha Blake Cr Andrew Craig
Cr Denis Davey Cr Joe Federico Cr Shirley Halls
Cr Duncan MacMillan Cr Jane Onuzans Cr Max O’Rielly
Cr Peter Rentoulis Cr Gay Smallwood-Smith
Also in attendance for the meeting:
Chief Executive Officer Mr Mal Hemmerling Deputy Chief Executive Officer Mr Sam Green General Manager, Strategic Projects and Assets Mr James Pollock Acting General Manager, City Services Ms Sam Hellams Senior Manager, Corporate Services Ms Rosemary Munslow Senior Manager, Finance Ms Grace Pelle Senior Manager - Health, Environment & Regulatory Services
Mr Andrew Nesbitt
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Ordinary Council Minutes 2 24 July 2018
Senior Manager - Development Services Mr Derek Langman Manager Planning Services Mr Gary Brinkworth Senior Manager – Customer Care, Libraries and Civic Venues
Mr Gareth Dunne
Manager Media & Communications Ms Vanessa Wilson Senior Media Advisor Mr Vassil Malandris Senior Content & Communications Advisor Mr Rob McLean Minute Taker Ms Joanne Cross 1.2 Apologies
Cr Michael Joy Cr Adam Sherwood Cr Dino Musolino
1.3 Not Present
Nil
2 CONFIRMATION OF MINUTES
COUNCIL RESOLUTION 3200
Moved: Cr Rentoulis Seconded: Cr Onuzans The Minutes of the Ordinary Council Meeting held 26 June 2018 be confirmed as a true and accurate record of proceedings.
CARRIED/
3 DECLARATIONS OF INTEREST
Name: Cr Joe Federico
Conflict: Perceived
Item: 18.2 Appointment of Council Assessment Panel Independent Member and Presiding Member
Description: I have a Development Application in front of 2 candidates.
Conflict Nature:
a. Indirect
b.
Addressing the Conflict:
Did the Council Member remain in the meeting? No
Did the Council Member remain in the meeting in order to maintain quorum?
No
If yes, how did the Council Member deal with the conflict?
N/A
Outline any further steps the Council Member took to ensure transparency and accountability:
N/A
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Ordinary Council Minutes 3 24 July 2018
Voting
Did the Council Member vote on the matter? No
How did the Council Member vote on the matter? N/A
4 MAYOR'S REPORT The Mayor participated in the following activities:
Northern Business Breakfast - Guest Speaker at June meeting
Citizenship Ceremony
Meeting with Danny Deptula, Principal St Patrick’s Technical College
Official Launch of Eyre Sports Park
Munno Para Senior Citizens Life Membership Presentation & Bingo Meeting
Meeting with University of Adelaide Staff
Community Meeting with Bhutanese Leaders
Meeting with council staff about traffic issues along John Rice Ave raised by residents
Hosted President’s Luncheon at Central District Football Club CDFC Vs Glenelg
Attended the Central District Vs Glenelg match at My Money House Oval
Presentation at the Handover Dinner for the Lions Club of Angle Vale
Meeting with the Hon John Dawkins MLC and UK-based ABS Group
Youth Advisory Committee Meeting at NSS
Meeting with Debbie Chin – CEO Northern Adelaide Local Health Network
Handover of a new defibrillator to the Grove Tennis Club
LGA Special General Meeting re Rates Oversight Bill
Mayor’s Dinner – The Northern Christian Leaders Network
Rotary Club Elizabeth – President’s Changeover Dinner
Container of Hope Grand Re-Opening
Central District vs Adelaide Crows at My Money House Oval
The Lion’s Club District Governor’s Handover Dinner
Meeting with Manager at NBN Co
Two Private Citizenship Ceremonies
Meeting with Adelaide Football Clubs Multicultural Liaison Officer
Meeting with Northern Futures
Various meetings with residents
Summary of Media Engagements
Mayoral Interviews TV, Radio and Print engagements
Positive signs post Holden – Weekend Australian
Northern growth surge (Futures Adelaide) – Messenger, Advertiser, Adelaide Now
Playford adopts 2018/19 annual budget –Bunyip, Messenger and 7News
Eyre Sports park opens – Bunyip, Nine News
3D metal printing success – Bunyip, Messenger
Angle Vale lions club handover - Bunyip
Dept Child Protection building stalls – Advertiser, Adelaide Now, Messenger
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Ordinary Council Minutes 4 24 July 2018
Council Business – Proactive Media Releases
3D metal printer success – local print media
SALA offerings – local print media
9News at Eyre Sports Park
7News at Elizabeth Downs
5 REPORTS OF REPRESENTATIVES OF COUNCIL ON OTHER ORGANISATIONS
Cr Denis Davey
Special GRFMA meeting held in Gawler
6 REPORTS BY COUNCILLORS
Cr Gay Smallwood-Smith
Representing the Mayor
Parliament House today for the signing of the MOU for Driverless Shuttle Bus
NAIDOC celebrations at Midway House
Metropolitan Local Government Group at LGA House
Forum on Shopping trolleys at Marion
As a Councillor
Citizenship Ceremony
MC of Eyre Park Sports opening
Civic Events Committee
Funeral of the late Pat Beck, a long-time resident of One Tree Hill
Meeting with Paul Ryan from Catholic Education
Football at Centrals
Mayor’s Dinner at Centrals with local Pastors
Football at Centrals vs Adelaide
Cr Jane Onuzans
Citizenship Ceremony
Eyre Sports Park Launch
YMCA SA Youth Parliament
Marion Council Forum - Shopping Trolleys
Special General Meeting Rate Capping
Mayor's Dinner
Citizenship Post Celebration Blakeview
Unity Night - Northern Churches
Cr Denis Davey
The opening of Eyre Sports Park
Centrals vs Port Magpies at My Money House Oval
West Adelaide vs Centrals at City Mazda Stadium
Central District vs Adelaide Crows at My Money House Oval
The Mayor’s Prayer Dinner
Prayer for the North
At last Peachey Road upgrade was completed by 1 July 2018
MDA regions meeting at SA LGA House
Farewell to Shirley Styles following her retirement after 19 years of service, as a Friends of the Library Volunteer
Met with Paul Ryan of Catholic Education SA
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Ordinary Council Minutes 5 24 July 2018
Cr Max O’Rielly
Shopping Trolleys
Cr Shirley Halls
Citizenship Ceremony
Official launch of the Eyre Sports Group
Grenville Hub
The Mayor’s Prayer Dinner
YMCA Parliament opening
NAWMA update
Centrals vs Adelaide Crows football
Northern Business Breakfast
Advised Councillors of the sad passing of former long-time Playford volunteers - Allan Allery and Christine Hall
Invitation extended to Councillors to attend the next Murray Darling Association meeting at the City of Playford on 26 August
Cr Duncan MacMillan
Shopping Trolleys – suggested solution
Cr Joe Federico
Shopping Trolley – suggested an alternative solution
Bringing Council’s attention to a One Tree Hill resident turning 100 in 2019.
Cr Peter Rentoulis
Publicly thanked Bendigo Bank at Virginia for providing a Defibrillator
Thank you to CEO and all concerned in getting a reduction of the speed limit changed on Heaslip and Curtis Road
Cr Jane Onuzans
Shopping Trolley – acknowledged City of Marion for hosting the discussion
YMCA Youth SA debate in Parliament
7 REPORTS OF REPRESENTATIVES (CONFERENCES & TRAINING PROGRAMS)
Nil
8 QUESTIONS WITHOUT NOTICE
8.1 IS THERE A BETTER WAY? (Cr Joe Federico)
Question: I have received a petition in relation to a Council Assessment Panel matter where I may be a declaration of interest. Is there a better way?
Response: Ms Munslow advised that the matter is currently being looked into and a report will be presented to a meeting of the new Council.
8.2 DISABLED CAR PARK IN VIRGINIA MAIN STREET (Cr Peter Rentoulis)
Question: Can Council look at making a spot in Brady Street adjacent to the Post Office Virginia as a designated carpark for disabled parking?
Response: Mr Langman took the question on notice and a response will be provided by memo.
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Ordinary Council Minutes 6 24 July 2018
8.3 FOOTPATH IN NEW DEVELOPMENT ADJACENT CURTIS ROAD (Cr Shirley Halls)
Question: Can we get some idea of what the plan is for Curtis Road where there is a new housing estate being developed. Will the footpath continue to the bike path?
Response: Mr Langman advised that an agreement has been reached with the developer for the footpath to join the bicycle path. This will be implemented in a staged process.
COUNCIL RESOLUTION 3201
Moved: Cr Federico Seconded: Cr Rentoulis That the questions without notice from: Cr Federico; Cr Rentoulis; Cr Halls; and the accompanying responses be recorded in the minutes.
CARRIED
9 QUESTIONS ON NOTICE
Nil
10 PETITIONS
10.1 OBJECTION TO DEVELOPMENT APPLICATION 292/1296/2017 Contact Person: Sam Hellams
11 DEPUTATION / REPRESENTATIONS
Nil
12 MOTIONS WITHOUT NOTICE
COUNCIL RESOLUTION 3202
Moved: Cr O'Rielly Seconded: Cr Baker That the City of Playford have a Crest and a report be brought back to Council in relation to progressing the matter.
CARRIED
13 MOTIONS ON NOTICE
Nil
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Ordinary Council Minutes 7 24 July 2018
14 COMMITTEE REPORTS
Chief Executive Officer Performance Review Committee
Nil
Civic Events Committee
Nil
Corporate Governance Committee
Nil
Services Committee
Nil
Strategic Planning Committee
Nil
15 STAFF REPORTS
Matters which cannot be delegated to a Committee or Staff.
15.1 NAWMA BOARD MEMBERSHIP Responsible Executive Manager : Sam Hellams
Mr Green left the Chamber at 7:35 pm for deliberation of this item, as he is the subject of the business matter.
COUNCIL RESOLUTION 3203
Moved: Cr Smallwood-Smith Seconded: Cr Blake Council endorse Mr Sam Green as a member to the NAWMA Board until 30 June 2019.
CARRIED
Mr Green returned to the Chamber at 7:36 pm
15.2 MURRAY DARLING ASSOCIATION COUNCIL MEMBER REPRESENTATIVE Responsible Executive Manager : Sam Green
COUNCIL RESOLUTION 3204
Moved: Cr Federico Seconded: Cr Smallwood-Smith Council appoints Cr Davey as the second Council Member representative on the Murray Darling Association (MDA). If required, the private ballot process outlined in the Code of Practice for Council and Committee Meetings – Section 16 be utilised to elect the Council representatives, with the results of the ballot becoming the outcome.
CARRIED
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Ordinary Council Minutes 8 24 July 2018
15.3 LOCAL GOVERNMENT (RATE OVERSIGHT) AMENDMENT BILL 2018 Responsible Executive Manager : Sam Green
COUNCIL RESOLUTION 3205
Moved: Cr Smallwood-Smith Seconded: Cr Baker 1. That Council does not support the proposed Local Government (Rate Oversight)
Amendment Bill 2018 (the Bill) and advises the Local Government Association that it opposes the Bill. The Council has taken this position as it believes the current legislation will:
a. Restrict Council’s ability to stimulate economic development b. Restrict Council’s ability to invest in its community c. Impact on Council’s ability to support the growth of metropolitan Adelaide
2. If the Local Government (Rate Oversight) Amendment Bill 2018 is implemented,
Council lobby the State Government to address the following elements to ensure a sustainable rating system for the City of Playford:
Index utilised to calculate the rate cap
Use of an efficiency or productivity factor to determine the cap
Exemption process
Cost shifting pressures from the State Government
Growth based on significant development
Definition of General Rate Revenue CARRIED UNANIMOUSLY
15.4 COUNCIL MEMBER REPRESENTATION ON THE GAWLER RIVER FLOODPLAIN MANAGEMENT AUTHORITY Responsible Executive Manager : Sam Green
COUNCIL RESOLUTION 3206
Moved: Cr Davey Seconded: Cr Blake Council appoints Cr Halls as a Deputy Board Member to the Gawler River Floodplain Management Authority until the next General Election. If required, the private ballot process outlined in the Code of Practice for Council and Committee Meetings – Section 16 be utilised to elect representatives to the external bodies, with the results of the ballot becoming the outcome.
CARRIED
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Ordinary Council Minutes 9 24 July 2018
Matters which have been delegated to staff but they have decided not to exercise their delegation.
15.5 GRENVILLE HUB - CONCEPT PLANS Responsible Executive Manager : James Pollock
COUNCIL RESOLUTION 3207
Moved: Cr Craig Seconded: Cr Onuzans Council endorse Grenville Concept Plans and proceed to next phase of detailed design and documentation, tender and construction.
CARRIED
Matters for Information.
15.6 BUDGET UPDATE REPORT - JUNE 2018 Responsible Executive Manager : Sam Green
COUNCIL RESOLUTION 3208
Moved: Cr Baker Seconded: Cr Smallwood-Smith That Council receives the Budget Update Report for the period ending 30 June 2018.
CARRIED
16 INFORMAL DISCUSSION
Nil
17 FORWARD AGENDA
17.1 ORDINARY COUNCIL FORWARD AGENDA
Presenter: Mr Mal Hemmerling
Outcome: Councillors reviewed the Council forward agenda
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Ordinary Council Minutes 10 24 July 2018
18 CONFIDENTIAL MATTERS
18.1 LEASING A PORTION OF ALLOTMENT 664 AMBERDALE ROAD, BLAKEVIEW FOR TELECOMMUNICATION PURPOSES. Responsible Executive Manager : James Pollock
A. COUNCIL TO MOVE MOTION TO GO INTO CONFIDENCE
COUNCIL RESOLUTION 3209
Moved: Cr Blake Seconded: Cr Halls Pursuant to Section 90 (2) of the Local Government Act 1999 an order is made that the public be excluded from attendance at the meeting, with the exception of:
Chief Executive Officer;
Deputy Chief Executive Officer;
Acting General Manager City Services;
General Manager Strategic Projects and Assets;
Senior Manager Corporate Services;
Manager Media & Communications;
Senior Media Advisor;
Senior Content & Communications Advisor and
Minute Taker;
in order to consider in confidence agenda item number 18.1 under Section 90 (3) (d) of the Local Government Act 1999 on the basis that:
(d) i) commercial information of a confidential nature (not being a trade secret) the disclosure of which could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and ii) commercial information of a confidential nature (not being a trade secret) the disclosure of which would, on balance, be contrary to the public interest.
This matter is Confidential because of the commercial advantage it would provide to third parties if the information was released regarding the lease amount should the lease not proceed and new negotiations were required to be entered into. On the basis of this information, the principle that meetings should be conducted in a place open to the public has been outweighed in this instance; Council consider it necessary to consider this matter in confidence.
CARRIED
The meeting went into Confidence at 8:00 pm
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Ordinary Council Minutes 11 24 July 2018
C. PROCEDURAL DECISION - TO DECIDE HOW LONG ITEM 18.1 IS TO BE KEPT IN CONFIDENCE
COUNCIL RESOLUTION 3211
Moved: Cr Davey Seconded: Cr Baker
Pursuant to Section 90(2) and Section 91(7) of the Local Government Act 1999, the Council orders that the following aspects of Item 18.1 be kept confidential in accordance with Council’s reasons to deal with this item in confidence pursuant to Section 90 (3) (d) of the Local Government Act 1999:
Report for Item 18.1
Attachment(s) for Item 18.1
Decision for Item 18.1
This order shall operate until the construction of the telecommunication tower is completed or will be reviewed and determined as part of the annual review by Council in accordance with Section 91(9)(a) of the Local Government Act 1999, whichever comes first.
CARRIED
The meeting re-opened to the public at 8:03 pm
Cr Federico declared interest in Item 18.2 and left the Chamber at 8:04 pm
18.2 APPOINTMENT OF COUNCIL ASSESSMENT PANEL INDEPENDENT MEMBER AND PRESIDING MEMBER Responsible Executive Manager : Gareth Dunne
A. COUNCIL TO MOVE MOTION TO GO INTO CONFIDENCE
COUNCIL RESOLUTION 3212
Moved: Cr Smallwood-Smith Seconded: Cr O'Rielly
Pursuant to Section 90 (2) of the Local Government Act 1999 an order is made that the public be excluded from attendance at the meeting, with the exception of:
Chief Executive Officer;
Deputy Chief Executive Officer;
Acting General Manager City Services;
General Manager Strategic Projects and Assets;
Senior Manager Development Services;
Senior Manager Corporate Services;
Manager Media and Communications;
Senior Media Advisor;
Senior Content & Communications Advisor and
Manager Planning Services; and
Minute Taker;
in order to consider in confidence agenda item number 18.2 under Section 90 (3) (a) of the Local Government Act 1999 on the basis that:
(a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead).
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Ordinary Council Minutes 12 24 July 2018
This matter is Confidential because it contains sensitive information of the applicants for the position.
On the basis of this information, the principle that meetings should be conducted in a place open to the public has been outweighed in this instance; Council consider it necessary to consider this matter in confidence.
CARRIED
The meeting went into Confidence at 8.04 pm
C. PROCEDURAL DECISION - TO DECIDE HOW LONG ITEM 18.2 IS TO BE KEPT IN CONFIDENCE
COUNCIL RESOLUTION 3214
Moved: Cr Davey Seconded: Cr Halls
Pursuant to Section 90(2) and Section 91(7) of the Local Government Act 1999, the Council orders that the following aspects of Item 18.2 be kept confidential in accordance with Council’s reasons to deal with this item in confidence pursuant to Section 90 (3) (a) of the Local Government Act 1999:
Report for Item 18.2
Attachment(s) for Item 18.2
This order shall operate until the next scheduled annual review of confidential items by Council at which time this order will be reviewed and determined in accordance with Section 91(9)(a) of the Local Government Act 1999.
CARRIED
The meeting was re-opened to the public at 8:05 pm
Cr Federico returned to the meeting at 8:06 pm
18.3 EXECUTE CONTRACT OF SALE WITH CRUACHAN INVESTMENTS FOR THE PROPOSED PLAYFORD ARENA DEVELOPMENT Responsible Executive Manager : James Pollock
A. COUNCIL TO MOVE MOTION TO GO INTO CONFIDENCE
COUNCIL RESOLUTION 3215
Moved: Cr Davey Seconded: Cr Blake
Pursuant to Section 90 (2) of the Local Government Act 1999 an order is made that the public be excluded from attendance at the meeting, with the exception of:
Chief Executive Officer;
Deputy Chief Executive Officer;
Acting General Manager City Services;
General Manager Strategic Projects and Assets;
Senior Manager Finance
Manager Media and Communications;
Senior Media Advisor;
Senior Content & Communications Advisor; and
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Ordinary Council Minutes 13 24 July 2018
Minute Taker;
in order to consider in confidence agenda item number 11.2 under Section 90 (3) (b) of the Local Government Act 1999 on the basis that:
(b) i) 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
ii) information the disclosure of which would, on balance, be contrary to the public interest.
This matter is Confidential because commercial information of a confidential nature (not being a trade secret) the disclosure of which could reasonably be expected to prejudice the commercial position of the developer that Council are negotiating with and could confer a commercial advantage on a third party; and
On the basis of this information, the principle that meetings should be conducted in a place open to the public has been outweighed in this instance; Council consider it necessary to consider this matter in confidence.
CARRIED
The meeting went into Confidence at 8:07 pm
C. PROCEDURAL DECISION - TO DECIDE HOW LONG ITEM 18.3 IS TO BE KEPT IN CONFIDENCE
COUNCIL RESOLUTION 3217
Moved: Cr Baker Seconded: Cr Halls
Pursuant to Section 90(2) and Section 91(7) of the Local Government Act 1999, the Council orders that the following aspects of Item 11.2 be kept confidential in accordance with Council’s reasons to deal with this item in confidence pursuant to Section 90 (3) (b) of the Local Government Act 1999:
Report for Item 18.3
Attachment(s) for Item 18.3
Decision for Item 18.3
This order will be reviewed within 12 months by Council in accordance with Section 91(9)(a) of the Local Government Act 1999.
Pursuant to Section 91(9)(c) of the Local Government Act 1999, the Council delegates to the Chief Executive Officer the power to revoke any subpart of the order at any time and the Chief Executive Officer must advise the Council of the revocation of this order as soon as possible after such revocation has occurred.
CARRIED
The meeting re-opened to the public at 8:23 pm
19 CLOSURE
The meeting closed at 8:24 pm.