ordinary council meeting local government … · the meeting commenced at 7:00 pm. 1 attendance...

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Confirmed 28 August 2018 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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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.

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