1 STATEMENT OF ACKNOWLEDGEMENT...2018/04/24 · 1 STATEMENT OF ACKNOWLEDGEMENT We would like to...

Ordinary Council Meeting Minutes 24 April 2018

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MINUTES OF TOWN OF GAWLER ORDINARY COUNCIL MEETING

HELD AT THE CONFERENCE ROOM, TOWN OF GAWLER ADMINISTRATION CENTRE, 43 HIGH STREET, GAWLER EAST

ON TUESDAY, 24 APRIL 2018 AT 7:00PM

PRESENT: Cr Paul Koch, Cr Robin Symes, Cr David Hughes, Mayor Karen Redman, Cr Ian Tooley, Cr Beverley Gidman, Cr Merilyn Nicolson, Cr Jim Vallelonga, Cr Kevin Fischer

IN ATTENDANCE: Henry Inat (Chief Executive Officer), David Barrett (Manager Business Enterprises & Communications), Ryan Viney (Manager Development, Environment & Regulatory Services), Paul Horwood (Manager Finance & Corporate Services), Sam Dilena (Manager Infrastructure and Engineering Services), Erin Findlay (Manager, Library and Community Services), Kate Symes (Minute Taker)

1 STATEMENT OF ACKNOWLEDGEMENT

We would like to acknowledge this land that we meet on today is the traditional lands for the Kaurna people and that 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 as important to the living Kaurna people today.

2 ATTENDANCE RECORD

2.1 Roll Call 2.2 Apologies

Nil 2.3 Motions to Grant Leave of Absence

Nil 2.4 Leave of Absence

Nil 2.5 Non-attendance

Nil

3 PUBLIC OPEN FORUM

3.1 Mr Paul Harris - Musgrave Street Park

Mr Harris presented on the need for trees

Mayor Redman thanked Mr Harris for his presentation.


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3.2 Ms Carmel Rosier – Rates

Ms Rosier asked the Council how it is positioned this year comparative to other Councils?

Mayor Redman thanked Ms Rosier for her presentation.

3.3 Ms Lynne Stapylton – on/off leash area

Ms Stapylton asked the Members to consider installing signage for on/off leash areas to ensure that dog owners and the general public are aware of what areas dogs are allowed and when they maybe off leash.

Mayor Redman thanked Ms Stapylton for her presentation.

3.4 Mr Graham Williamson – Gawler East link road

Mr Williamson presented on the Gawler East link road and asked the Council to consider it current funding estimations and ensure they are looking at whole project funding and risk contingencies.

Mayor Redman thanked Mr Williamson for his presentation.

Council Members asked questions and answers were provided.

4 DEPUTATIONS

4.1 Ms Sharyn Guy, House Manager, Mr Jim Langmead, Chair and Ms Diane Fraser, Treasurer - Gawler Community House

Mr Langmead presented to Members regarding the Gawler Community House and the damage and extent of works required to the building.

Council Members asked questions and answers were provided. Mayor Redman thanked Mr Langmead for his presentation.

5 DECLARATIONS OF INTEREST

5.1 Cr Adrian Shackley declared a perceived interested in item 7.6 and 9.4.

5.2 Cr Merilyn Nicolson declared a perceived interest in item 7.6 and 9.4

5.3 Cr Jim Vallelonga declared a perceived interest in item 7.6 and 9.4


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6 PETITIONS

6.1 REQUEST GAWLER ONE TREE HILL ROAD SPEED REDUCTION

RESOLUTION 2018:04:112 Moved: Cr D Hughes Seconded: Cr Robin Symes

That Council: 1. Notes the Petition requesting Gawler One Tree Hill Road speed reduction. 2. Requests staff to prepare a report to a future Infrastructure and Environmental Services

Committee for consideration of this matter. CARRIED UNANIMOUSLY

Deputy Mayor Tooley sought and was granted leave of the meeting to make a personal explanation. Deputy Mayor Tooley spoke on the events that occurred at the Special Council Meeting of 17 April 2018. Refer Motion: 2018:05: of Council Meeting held on 22/5/2018

7 CONFIRMATION OF MINUTES

RESOLUTION 2018:04:113 Moved: Cr D Hughes Seconded: Cr Merilyn Nicolson

That the minutes of the Ordinary Council meeting held on 27 March 2018 be confirmed as a true and correct record.

CARRIED UNANIMOUSLY


That the minutes of the Special Council meeting held on 3 April 2018 be confirmed as a true and correct record.

CARRIED UNANIMOUSLY


That the minutes of the Special Council meeting held on 17 April 2018, be confirmed as a true and correct record.

CARRIED UNANIMOUSLY


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8 BUSINESS ARISING FROM MINUTES

Nil

9 OFFICER REPORTS

9.1 GAWLER COMMUNITY HOUSE BUILDING DAMAGE

RESOLUTION 2018:04:116 Moved: Cr A Shackley Seconded: Cr M Nicolson

That Council: 1. The correspondence from Gawler Community House regarding termite damage to the

Gawler Community House building be received. 2. Authorise the Mayor and Chief Executive Officer to continue negotiations with Gawler

Community House regarding: a. a potential Community Loan; b. formalisation of the annual contribution by Council to the Gawler Community

House through a legal agreement; and c. noting a future report will be prepared for Council’s consideration once these negotiations have progressed.

3. Consider the 2018/2019 Draft Budget capacity to facilitate a community loan for an approximate $100,000 for the Gawler Community House.

4. Request staff to prepare a report about and the initiation of an extension for the lease to the Gawler Community House from 2024 to 2034 to be presented at the next convenient Committee Meeting

CARRIED

9.2 3RD QUARTER BUDGET REVIEW 31 MARCH 2018

RESOLUTION 2018:04:117 Moved: Cr D Hughes Seconded: Cr K Fischer

That Council adopts the 2017/18 3rd Quarter Budget Review (as at 31 March 2018), which details an anticipated unchanged end of financial year underlying operating surplus of $915,000.

CARRIED UNANIMOUSLY


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9.3 2018/2019 DRAFT BUDGET / BUSINESS PLAN & LONG TERM FINANCIAL PLAN UPDATE

RESOLUTION 2018:04:118 Moved: Cr A Shackley Seconded: Cr K Fischer

That: 1. The 2018/19 Draft Budget / Business Plan, incorporating the annual review of the Long

Term Financial Plan as amended, be endorsed for the purpose of community consultation, with the consultation period being from 2-25 May 2018.

2. Council notes that the updated draft Long Term Financial Plan incorporated within the 2018/19 Draft Budget / Business Plan presented to this meeting is not consistent with Council’s operating ratio target.

3. The Administration further explore opportunities to improve the long term operating projections within the draft Long Term Financial Plan, towards realising forward estimates that remain within Council’s operating ratio target.

4. The Administration further explore opportunities to improve the estimated 2018/19 operating result, towards realising an operating surplus (in keeping with the 28 March 2018 Audit Committee recommendation to Council).

5. A further report, incorporating the outcome of investigations undertaken in accordance with Note 3) and 4) above, be presented to the Audit Committee and Council after the conclusion of the public consultation period.

CARRIED

MOTION Moved: Cr I Tooley

Seconded:

Item P0497/1 be moved below the line in the capital budget expenditure 2018/19

Motion lapses for want of a seconder

RESOLUTION 2018:04:119 Moved: Cr A Shackley Seconded: Cr Merilyn Nicolson

That a budget item for: Culture Heritage Gallery opening exhibition be added as an above the line item with gross allocation of $75,000 and an off setting $20,000 income

CARRIED


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At 8:42 pm, Cr Jim Vallelonga left the meeting.

9.4 GAWLER CIVIC CENTRE UPDATE - APRIL 2018

RESOLUTION 2018:04:120 Moved: Cr K Fischer Seconded: Cr D Hughes

That Council notes the Gawler Civic Centre Progress Report – April 2018.

CARRIED UNANIMOUSLY

At 8:47 pm, Cr Jim Vallelonga returned to the meeting.

9.5 GAWLER EAST STRUCTURE PLAN DEVELOPMENT PLAN AMENDMENT

RESOLUTION 2018:04:121 Moved: Cr A Shackley Seconded: Cr David Hughes

That Council:- 1. Adopts the draft Gawler East Structure Plan Development Plan Amendment and the

Summary of Consultation and Proposed Amendments Report (SCPA) as amended by the agenda item 9.5 commentary as tabled for authorisation.

2. Directs that the Gawler East Structure Plan Development Plan Amendment be forwarded to the Minister for approval.

3. Authorise the CEO to make minor amendments prior to finalisation if considered appropriate and of a minor nature.

4. That a copy of the draft DPA when submitted to the Minister for authorisation be made publically available via Council website.

CARRIED


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9.6 REGIONAL GROWTH FUND GAWLER EAST REGIONAL GROWTH PRECINCT

RESOLUTION 2018:04:122 Moved: Cr D Hughes Seconded: Cr A Shackley

That Council: 1. Authorise the Chief Executive Officer to lodge an Initial Application to the Regional

Growth Fund for the Gawler East Regional Growth Precinct project in the amount of $48.97 million to deliver the following: a. Gawler East Link Road infrastructure that is out of scope and/or deferred to the

amount of $4.32M. b. Extension of the Gawler East Link Road via the east of Bentley Road corridor to

Alexandar Avenue and then to Tiver Road and on to the intersection of Tiver Road and Main North Road in the amount of $44.65M.

2. Notes that if successful the full $48.97M will be a cost saving to Council and the Gawler Community.

3. Notes that a report with the outcomes of this Initial Application will be presented to a future Council Meeting.

4. Notes that if Council is successful in progressing to the Full Business Case stage of the Regional Growth Fund application process, a budget allocation for the delivery of this Full Business Case will be required.

5. Notes that the Full Business Case (if required) will further analyse the risks associated with the Gawler East Regional Growth Precinct project (developing a detailed risk management plan) and provides Council with the opportunity to either lodge the Full Business Case or withdraw from the process once it has fully considered these risks.

6. Authorise the Chief Executive Officer to provide a letter of in principle support to Light Regional Council for the expansion of water provision to the region for inclusion in its application to the Regional Growth Fund.

7. Notes that if Light Regional Council is successful in its Initial Application, a further report will be provided to Council detailing appropriate next steps for its consideration.

CARRIED UNANIMOUSLY

The Mayor called for a short refreshment break. All Members left the meeting at 9:13pm All Members returned to the meeting 9:23pm


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9.7 DRAFT GAWLER RIVER FLOODPLAIN MANAGEMENT AUTHORITY BUSINESS PLAN 2018-2021 AND DRAFT BUDGET 2018-2019

RESOLUTION 2018:04:123 Moved: Cr A Shackley Seconded: Cr P Koch

That Council endorses the: 1. Gawler River Floodplain Management Authority Business Plan 2018-2021. 2. Gawler River Floodplain Management Authority Budget 2018-2019.

CARRIED UNANIMOUSLY

9.8 RESCISSION OF LAND MANAGEMENT AGREEMENT - 4A HOWARD STREET, GAWLER


That:- 1. Council agrees to rescind the existing Land Management Agreement from land

identified as Lot 1 (4A) Howard Street, Gawler within Certificate of Title Volume 6101 Folio 582.

2. Council authorises the Mayor and Chief Executive Officer to sign and apply the common seal of Council to all relevant documents, in order to execute the documents pertaining to the rescindment of the Land Management Agreement.

3. All costs associated with the rescinding of the Land Management Agreement are bourne by the land owner.

CARRIED UNANIMOUSLY


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9.9 PLANNING REFORM UPDATE

RESOLUTION 2018:04:125 Moved: Cr M Nicolson Seconded: Cr J Vallelonga

That Council: 1. Notes the State Government’s progression in implementing the Planning,

Development and Infrastructure Act 2016.

2. Advertise for a new panel with qualifications likely to align with the Accredited Professionals Scheme for a period of two years ending August 2020.

CARRIED UNANIMOUSLY

9.10 LOCAL GOVERNMENT ELECTIONS 2018 UPDATE

RESOLUTION 2018:04:126 Moved: Cr M Nicolson Seconded: Cr D Hughes

That the Local Government Elections 2018 Update report be noted.

CARRIED UNANIMOUSLY


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10 RECOMMENDATIONS FROM COMMITTEES

10.1 RECOMMENDATIONS FROM EXTERNAL FUNDS COMMITTEE MEETING HELD ON 3 APRIL 2018

RESOLUTION 2018:04:127 Moved: Cr P Koch Seconded: Cr M Nicolson

Item 4.1 – External Funds Committee Grant Update Report (CC18/65) That Council adopts the recommendation from the external Funds Committee made at item 4.1 of the meeting of that Committee meeting held on 3 April 2018, being: Motion No: EFC:2018:04:04

That the External Funds Committee recommends to Council that it: 1. Notes the Grants Reconciliation Report as at 28 March 2018, which details that 20

projects are currently operational with an approximate investment of $24.2m from Federal and State Government and Town of Gawler sources.

2. Notes that Council was unsuccessful in its application to the Inclusive Communities Program to support the Gawler Civic Inclusion Project.

3. Notes that Council was successful in receiving a Places for People Grant in the amount of $1,006,630 to support the development of Walker Place being Stage 1 of the Gawler Central Urban Precinct which has an estimated total project cost of $2,282,000.

4. Notes that Council was successful in receiving an Open Space Grant in the amount $77,290 towards a nature play space within the Elliott Goodger Memorial Park which has an estimated total project cost of $157,290.

5. Notes that notification of Council’s 2019 VACSWIM pre-approved funding allocation has been delayed due to the State Government Caretaker period.

6. Notes that Council was unsuccessful in its application for Round 3 of the Female Facilities Program to support the full upgrade of the existing female change rooms and facilities.

7. Notes that Council was successful in obtaining $75,000 in Round 1 of the Sporting Surfaces Program for the Gawler Sport and Community Centre stadium which has an estimated total project cost of $190,380.

8. Notes that the Active Town Precinct Project (Visitor Information Centre Bike Hub) has been assessed by the Federal Government as complete.

9. Notes that an application has been submitted to the Australian Government’s Heavy Vehicle Safety and Productivity Program to support the completion of the Murray Street Stage 6 project – Bridge to Tenth/Seventh Street Intersection.

10. Notes that Council is not currently eligible to apply for an Australian Government Community Heritage Grant to support the Gawler Heritage Collection as the Collection does not have a formal statement of significance.

CARRIED UNANIMOUSLY


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10.2 RECOMMENDATIONS FROM ELDERLY CENTRE ADVISORY COMMITTEE MEETING HELD ON 6 APRIL 2018

RESOLUTION 2018:04:128 Moved: Cr R Symes Seconded: Cr M Nicolson

Item 4.1 – Care and Share Elderly Centre Advisory Committee Representative That Council adopts the recommendation from the Elderly Centre Advisory Committee made at item 4.1 of the meeting of that Committee meeting held on 6 April 2018, being: Motion No: ECAC:2018:04:03 That the Elderly Centre Advisory Committee recommends to Council that Ms Penka Tayloe be appointed as the representative of Care and Share to the Elderly Centre Advisory Committee.

CARRIED UNANIMOUSLY

10.3 RECOMMENDATIONS FROM CEO PERFORMANCE MANAGEMENT PANEL MEETING HELD ON 9 APRIL 2018

RESOLUTION 2018:04:129 Moved: Cr D Hughes Seconded: Cr B Gidman

Item 14.1 – CEO Performance Management Review Update (CC10/2267) That Council adopts the recommendation from the CEO Performance Management Panel made at item 14.1 of the meeting of that Committee meeting held on 9 April 2018, being: Motion No: PMP:2018:04:04

That Council CEO Performance Management Committee recommends to Council that: 1. The CEO performance management update report be received. 2. It be noted that at the June 2017 CEO Performance Management Panel meeting a

detailed half yearly performance assessment will be undertaken. After which an independent consultant will be engaged to assist the Committee undertake a detailed full year review to be processed and completed for consideration by Council by end of August 2018.

CARRIED UNANIMOUSLY


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10.4 RECOMMENDATIONS FROM INFRASTRUCTURE & ENVIRONMENTAL SERVICES COMMITTEE MEETING HELD ON 10 APRIL 2018

RESOLUTION 2018:04:130 Moved: Cr D Hughes Seconded: Cr A Shackley

Motions Made Under Delegated Authority for Noting That Council notes the adopted Motions from the Infrastructure and Environmental Services Committee made under Delegated Authority at the meeting held on 10 April 2018, being: Item 7.4 – Open Space Assessment – Woodvale Estate (CC17/404)

Motion No: IES:2018:04:08 That the Infrastructure and Environmental Services Committee:- 1. Notes the Open Space Assessment Update Report. 2. Notes the Open Space Assessment undertaken for the reserve in Stage 5 at Woodvale

housing estate and the associated maintenance cost savings for class B reserve of $14,854 per hectare per year achieved through the assessment of detailed landscape design documentation by Council staff.

3. Having regard to the processes detailed in this report, approve the final landscape plans for the Stage 5 reserve in the Woodvale housing estate for construction, except request staff to negotiate to improve the diversity of ground layer / grassy species for long term sustainability.

Item 7.6 – Gawler Central Station Transit Oriented and Mixed Use Development Plan Amendment (CC13/612)

Motion No: IES:2018:04:10 That the Infrastructure and Environmental Services Committee:- 1. Gives in-principle support for a Transit Orientated and Mixed Use Development Plan

Amendment to be prepared, involving land adjacent to the Gawler Central Train Station, which seeks to:

a. Capitalise on the proposed electrification of the Adelaide to Gawler Train Line. b. Improve pedestrian connectivity/linkages from the Gawler Central Train Station

back into the Town Centre. c. Create a land use policy framework conducive to attracting investment from all

levels of government and the private sector d. Develop a contemporary approach to Transit Orientated and Mixed-Use

residential and commercial) development through land uses, building forms, heritage management, building heights, increased densities and the integration of possible transport modes

2. Notes the relevant, previous Council discussion and decision related the area as part of the Town Centre Design Framework.

3. Seek Council staff to prepare a draft Statement of Intent to be presented back to Infrastructure and Environmental Services Committee for consideration at a future meeting.

4. Notes that allocation of $50,000 has been made in the Draft 2018/19 Budget to undertake the investigations associated with this matter, $25,000 of which has been offered by Concordia Land Management.


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Item 7.8 – Accredited Professionals Scheme Discussion Paper (CC16/1174)

Motion No: IES:2018:04:12 That the Infrastructure and Environmental Services Committee:- 1. Notes the Accredited Professionals Scheme Update Report. 2. Seek that Elected Members and Members of Council Assessment Panel provide feedback

to staff by 20 April 2018 on the Accredited Professionals Scheme Discussion Paper to assist Council in formulating a response.

3. Based on Elected Member feedback authorise the Mayor and CEO to finalise Councils feedback on the Accredited Professionals Scheme Discussion Paper, and forward to the Department of Planning Transport and Infrastructure by 30 April 2018.

CARRIED

RESOLUTION 2018:04:131 Moved: Cr D Hughes Seconded: Cr P Koch

Item 7.1 – On and Off Leash Areas (CC17/1225) That Council adopts the recommendation from the Infrastructure and Environmental Services Committee made at item 7.1 of the meeting of that Committee meeting held on 10 April 2018, being:

Motion No: IES:2018:04:06

That the Infrastructure & Environmental Services Committee recommends that Council that:

1. Note the On and Off Leash Areas Report.

2. Acknowledge community feedback received in relation to the proposed “On and Off Leash” areas.

3. Support in-principle the following option to be further investigated:

a. Establishing of Shared Use Arrangements – maintaining all parks and reserves as off leash areas, but introducing “time share” arrangements along all linear and shared-use paths and trails.

4. Request a further report be presented back to the Infrastructure and Environmental Services Committee detailing the specifics associated with implementing the above option, including a community education/promotion program in order to provide a smooth transition.

5. Give consideration to an appropriate budget allocation within the 2018/19 budget to ensure implementation.

6. Correspondence on dog park safety concerns be incorporated into a future report back to this Committee.

7. Consideration be given to signage around playgrounds, as it relates to dog activities.

AMENDMENT


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RESOLUTION 2018:04:132 Moved: Cr I Tooley Seconded: Cr M Nicolson

3. That Support in principle one of the following options to be further investigated: a. Status Quo – no change to the current off-leash arrangement throughout all

parks and reserves in the Town of Gawler. b. Shared-Use – Maintain all parks and reserves as dedicated off leash areas,

but introduce “time share” arrangements along “high use” and “mixed use” liner trails to avoid conflict with other uses such cycling, walking, running etc.

c. On and off Leash Areas – designate all park and reserves as either on or off leash areas, similar to those proposed via community consultation

CARRIED RESOLUTION 2018:04:131 as Amended

RESOLUTION 2018:04:131 Moved: Cr D Hughes Seconded: Cr Paul Koch

That the Infrastructure & Environmental Services Committee recommends that Council that:

1. Note the On and Off Leash Areas Report. 2. Acknowledge community feedback received in relation to the proposed “On and

Off Leash” areas. 3. Support in principle one of the following options to be further investigated:

a. Status Quo – no change to the current off-leash arrangement throughout all parks and reserves in the Town of Gawler.

b. Shared-Use – Maintain all parks and reserves as dedicated off leash areas, but introduce “time share” arrangements along “high use” and “mixed use” liner trails to avoid conflict with other uses such cycling, walking, running etc.

c. On and off Leash Areas – designate all park and reserves as either on or off leash areas, similar to those proposed via community consultation

4. Request a further report be presented back to the Infrastructure and Environmental Services Committee detailing the specifics associated with implementing the above option, including a community education/promotion program in order to provide a smooth transition.

5. Give consideration to an appropriate budget allocation with in the 2018/19 budget to ensure implementation.

6. Correspondence on dog park safety concerns be incorporated into a future report back to this Committee

7. Consideration be given to signage around playgrounds, as it relates to dog activities.

CARRIED


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RESOLUTION 2018:04:133 Moved: Cr A Shackley Seconded: Cr R Symes

Item 7.2 – Stormwater Management Plans – Smith Creek and Gawler and Surrounds (CC13/512)

That Council adopts the recommendation from the Infrastructure and Environmental Services Committee made at item 7.2 of the meeting of that Committee meeting held on 10 April 2018, being: Motion No: IES:2018:04:07

That the Infrastructure and Environmental Services Committee recommends that Council:- 1. Notes the Smith Creek Floodplain and Flood Hazard Study Report by Australian Water

Environments Pty Ltd. 2. Endorse the community engagement strategy prepared by Australian Water

Environments Pty Ltd and establish two focus groups for the Smith Creek Stormwater Management Plan as detailed in this report.

3. Support the release of floodplain mapping for community engagement as detailed in this report.

4. Consider an allocation of $22,000 be considered in the 2018/19 Annual Budget as a contribution from the Town of Gawler to the City of Playford to complete the Smith Creek Stormwater Management Plan.

5. Consider an allocation of $31,000 be considered in the 2018/19 Annual Budget preparation to complete the Gawler and Surrounds Stormwater Management Plan.

6. Notes a further report providing an update on the Smith Creek Stormwater Management Plan will be presented to a future Infrastructure and Environmental Services Committee meeting.

CARRIED UNANIMOUSLY


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RESOLUTION 2018:04:134 Moved: Cr A Shackley Seconded: Cr D Hughes

Item 7.5 – New Land Division Maintenance Management Update (CC17/404) That Council adopts the recommendation from the Infrastructure and Environmental Services Committee made at item 7.5 of the meeting of that Committee meeting held on 10 April 2018, being: Motion No: IES:2018:04:09 That the Infrastructure and Environmental Services Committee recommends that Council: 1. Notes the New Land Division Maintenance Management Update Report. 2. Notes the developer feedback received and outcome of consultation with developers

on the proposed changes to existing reserves in the new housing estates of Springwood, Orleana Waters, Aspire and Acacia Green.

3. Does not support the proposed changes to existing reserves proposed under Scenario 2 as outlined in this report and seek to achieve operational maintenance cost savings where possible in the future through transitioning relevant reserves and road verge treatments to standard operational service levels over time. The focus of which will be to retain functionality and community experience.

4. Notes that Council administration continues its approach for private land owners to take on maintenance responsibilities on adjacent verge areas where such verges are established to a higher standard (i.e. irrigated and / or lawned) than Council’s endorsed standard (i.e. not irrigated and / or lawned). Authority to access and maintain such public verge areas is facilitated by Council issuing 221 Permits to land owners as is currently the practice.

CARRIED

Deputy Mayor Tooley called for a Division The Mayor declared the vote set aside. In Favour: Crs P Koch, R Symes, D Hughes, K Fischer and Shackley

Against: Crs I Tooley, B Gidman, M Nicolson and J Vallelonga

The Mayor declared the Motion CARRIED 5/4


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7.7 TOWN OF GAWLER ADMINISTRATION CENTRE LIGHTING REVIEW AND SOLAR FEASIBILITY (CC10/191)

RESOLUTION 2018:04:135 Moved: Cr D Hughes Seconded: Cr I Tooley

That Council adopts the recommendation from the Infrastructure and Environmental Services Committee made at item 7.7 of the meeting of that Committee meeting held on 10 April 2018, being: Motion No: IES:2018:04:11 That the Infrastructure and Environmental Services Committee recommends that Council: 1. Acknowledges the over charge for energy consumption at the Gawler Administration

Centre, estimated at $30,000 and staff commence negotiations with relevant parties in order to rectify invoice errors.

2. Supports in principle the installation of a 90kW solar photovoltaic system at the Gawler Administration Centre, which will be further considered as part of Council’s 2018/19 budget deliberations.

3. Notes the estimated 4.5 year payback period on a 90kW solar photovoltaic system. 4. Undertakes similar reviews of other high price sites to determine if overcharging is

occurring, ie. Gawler Sport and Community Centre and Multi-Level Carpark, and seek appropriate compensation accordingly. The cost of such investigations are estimated at $1,600, which would otherwise be recovered by anticipated reimbursement of fee paid.

5. Supports the approach that lighting is replaced at end-of-life with the best available technology in the Procurement Policy.

6. Supports investigations into rectifying Heating Ventilation and Air-Conditioning (HVAC) issues at the Gawler Administration Centre.

7. Notes the recommendations for further staff education to encourage energy efficient behaviours at all Council sites.

CARRIED UNANIMOUSLY


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10.5 RECOMMENDATIONS FROM AUDIT COMMITTEE MEETING HELD ON 11 APRIL 2018

OFFICER’S RECOMMENDATION Note: Item 7.1 – Long Term Infrastructure and Asset Management Plan Update, Motion No: AC:2018:04:12 was considered at the Special Council meeting held on 17 April 2018.

Item 7.2 – Long Term Financial Plan Update, Motion No: AC:2018:04:13 was considered at the Special Council meeting held on 17 April 2018.

Item 7.5 – Draft 2018/19 Fees and Charges, Motion No: AC:2018:04:16 was considered at the Special Council meeting held on 17 April 2018. Item 7.3 – 2017/18 3rd Quarter Budget Review (as at 31 March 2018), Motion No: AC:2018:04:14 was considered at Item 9.2 of this Agenda.

7.4 GAWLER EAST DEVELOPMENT – INFRASTRUCTURE FUNDING POLICY

RESOLUTION 2018:04:136 Moved: Cr M Nicolson Seconded: Cr R Symes

That Council notes the following recommendation from the Audit Committee made at item 7.4 of the meeting of that Committee meeting held on 11 April 2018, being: Motion No: AC:2018:04:15

That the Audit Committee recommends to Council: 1. The adoption of the Gawler East Development – Infrastructure Funding Policy 2. That it notes a corresponding procedure and process flowchart is also being formulated

by Council’s administration which will ensure the appropriate implementation of the Policy.

3. That a risk assessment be undertaken as part of the Regional Growth Fund proposal (as part of the application and relative to the formulation of a business case) and be reported back to the Audit Committee for review.

4. That a risk management plan (including a Risk Register) be prepared for, and included in, the Gawler East Development - Infrastructure Funding Policy and be reported back to the Audit Committee for review.

CARRIED UNANIMOUSLY


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7.7 DEBTOR ANALYSIS REPORT AS AT 31 MARCH 2018

RESOLUTION 2018:04:137 Moved: Cr R Symes Seconded: Cr M Nicolson

Motion No: AC:2018:04:18

That the Audit Committee recommends to Council that the Debtor Analysis Report as at 31 March 2018 be noted.

CARRIED UNANIMOUSLY

7.8 STRATEGIC RISK REVIEW AND RISK FRAMEWORK UPDATE

RESOLUTION 2018:04:138 Moved: Cr M Nicolson Seconded: Cr B Gidman

That Council adopts the recommendation from the Audit Committee made at item 7.8 of the meeting of that Committee meeting held on 11 April 2018, being: Motion No: AC:2018:04:19

That the Audit Committee recommends to Council that the Strategic Risk Review & Risk Framework Update report be noted.

CARRIED UNANIMOUSLY

7.9 2016-2017 TREASURY MANAGEMENT REVIEW

RESOLUTION 2018:04:139 Moved: Cr D Hughes Seconded: Cr J Vallelonga

Motion No: AC:2018:04:20

That the Audit Committee recommends to Council that the 2016-2017 Treasury Management Review be noted.

CARRIED UNANIMOUSLY

11 COUNCIL MEMBER REPORTS

11.1. The Mayor reported on events recently attended

11.2. Cr Hughes reported on the Gawler Health Advisory Council planning meeting. (attachment 1)

11.3. Cr Tooley represented the Mayor at the Law Enforcement Torch Run


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RESOLUTION 2018:04:140 Moved: Cr D Hughes Seconded: Cr M Nicolson

That the verbal reports be noted and the Minutes from the Gawler Health Advisory Council planning meeting be included in the Minutes.

CARRIED UNANIMOUSLY

12 QUESTIONS ON NOTICE

12.1 QUESTION FROM DEPUTY MAYOR TOOLEY What are the permitted and appropriate ways of dealing with elected member behaviour and conduct at meetings, particularly what might be called inappropriate behaviour, disruptive behaviour or misconduct? Mayor Redman provided the following answer: All Council Members must comply with the Local Government Act 1999 and the Local Government (Procedures at Meeting) Regulations 2013. The Regulations do not include all possible scenarios that may arise in a meeting so it’s important that the Presiding Member use their discretion at appropriate times to ensure a smooth and productive meeting. Under Section 28 of the Local Government (Procedures at Meetings) Regulations 2013, the Presiding Members may call to order a member who is in breach of the Act or the Regulations. (The Presiding Member also has discretion to control the meeting via more informal means by cautioning members on their behaviour in the meeting). Alternatively any member may draw to the attention of the presiding member a breach of the Act or Regulations, and must state briefly the nature of the alleged breach. Section 29 of the Local Government (Procedures at Meetings) Regulations 2013 outlines that a Member of Council must not, while at a meeting behave in an improper or disorderly manner or cause an interruption or interrupt another member who is speaking. The member who is considered to be in breach of the meeting will leave the meeting where the remaining members consider the matter and under Section 29(5) can either censure the member or suspend the member for a part, or for the remainder of the meeting. Please refer to the Local Government (Procedures at Meeting) Regulations 2013 for further details. In addition, the Code of Conduct for Council Members outline the expected behaviours and responsibilities of a Council Member. The behaviours would be expected of any member both during a meeting and while discharging their duties generally. Council members must:

General behaviour 2.1 Show commitment and discharge duties conscientiously. 2.2 Act in a way that generates community trust and confidence in the Council. 2.3 Act in a reasonable, just, respectful and non-discriminatory way when dealing with

people. 2.4 Show respect for others if making comments publicly.


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2.5 Ensure that personal comments to the media or other public comments, on Council decisions and other matters, clearly indicate that it is a private view, and not that of the Council.

Responsibilities as a member of Council 2.6 Comply with all Council policies, codes and resolutions. 2.7 Deal with information received in their capacity as Council members in a

responsible manner. 2.8 Endeavour to provide accurate information to the Council and to the public at all

times. Again, please to refer to the Code for further details. Any breach of the Act or the Code of Conduct could also result in a formal complaint being lodged.

At 10:41 pm, Cr Beverley Gidman left the meeting.

At 10:41 pm, Cr Jim Vallelonga left the meeting.

12.2 QUESTION ON NOTICE If a matter relating to the conduct of an elected member at a meeting of council has been dealt with using appropriate grievance procedures, and also by that same Elected Member making a formal apology to the chamber regarding that matter of conduct, is that the end of the matter or, can that same matter be resurrected at a later meeting, perhaps months later, by another elected member choosing to do so, perhaps via the use of a Personal Explanation or other means? Mayor Redman declined to answer the question and provided the following explanation: In considering recent legal advice on the matter (see attached advice from Norman Waterhouse) I am declining this question to be answered on the following grounds: This question is considered improper insofar as it is not clear that it can be reconciled. The question is somewhat vague as it is not clear what is referred to by the use of terms such as ‘end of the matter’ and ‘resurrected’. I also believe that it is seeking my personal views as to the behaviour of a Council Member which, in my opinion, uses the questions on notice privilege improperly.

At 10:44 pm, Cr Beverley Gidman returned to the meeting.

Deputy Mayor Tooley sought leave of the meeting to make a personal statement Leave of the meeting was not granted


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RESOLUTION 2018:04:141 Moved: Cr A Shackley Seconded: Cr Nicolson

That the legal advice referred to in 12.2 be tabled. (attachment 2) CARRIED UNANIMOUSLY

At 10:46 pm, Cr Jim Vallelonga returned to the meeting.

Deputy Mayor Tooley sought and was granted leave of the meeting to make a personal statement Deputy Mayor Tooley spoke as to why he posed the Question on Notice.

13 QUESTIONS WITHOUT NOTICE

13. 1 Deputy Mayor Tooley asked a question regarding the suspension of meeting procedures and the question was taken on notice

13.2 Cr Fischer asked if the Council Members could be provided with an updated on the current statue of the corellas at the bowls club and an answer was provided.

14 MOTIONS ON NOTICE

Cr Shackely declared a perceived interest in the matter as he has an interest in property in the area.

Cr Nicolson declared a perceived interest as party of her business operations she rents two properties in the area.

Cr Vallelonga declared a perceived interest as he has family that owns property in the area.


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14.1 NOTICE OF MOTION - GAWLER CENTRAL STATION TRANSIT ORIENTED AND MIXED USE DEVELOPMENT PLAN AMENDMENT

RESOLUTION 2018:04:142 Moved: Cr I Tooley Seconded: Cr Kevin Fischer

That Council: 1. Revokes the Motion no. IES:2018:04:10 of the Infrastructure and Environment

Committee, titled Gawler Central Station Transit Oriented and Mixed Use Development Plan Amendment.

2. Gives in principle support for a Transit Orientated and Mixed Use Development Plan Amendment to be prepared, involving land adjacent to the Gawler Central Train Station, which seeks to: a. Capitalise on the impending electrification of the Adelaide to Gawler Train Line b. Improve pedestrian connectivity/linkages from the Gawler Central Train Station

back into the Town Centre. c. Create a land use policy framework conducive to attracting investment from all

levels of government and the private sector d. Develop a contemporary approach to Transit Orientated and Mixed Use (residential

and commercial) development through land uses, building forms, heritage management, augmented building heights, increased densities and the integration of possible transport modes

3. Seek Council staff to prepare a draft Statement of Intent to be presented back to Council for consideration.

4. Notes that allocation of $50,000 has been made in the Draft 2018/19 Budget to undertake the investigations associated with this matter, $25,000 of which has been offered by Concordia Land Management

CARRIED

Deputy Mayor Tooley called for a division The Mayor declared the vote set aside. In Favour: Crs R Symes, I Tooley, B Gidman, M Nicolson, J Vallelonga and K Fischer

Against: Crs P Koch, D Hughes and Shackley

THE MAYOR DECLARED THE MOTION CARRIED 6/3

Mayor called for a short refreshment break and all Members left the meeting at 11:09pm All Members returned to the meeting at 11:14pm


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FORMAL MOTION - THAT THE MEETING BE ADJOURNED

RESOLUTION 2018:04:143 Moved: Cr D Hughes Seconded: Cr Shackley

That the Meeting be adjourned to 1 May Tuesday at 7:00pm.

LOST

14.2 NOTICE OF MOTION - BULK WASTE MANAGEMENT SERVICES

RESOLUTION 2018:04:144 Moved: Cr I Tooley Seconded: Cr R Symes

That Council: 1. Notes the Bulk Waste Management Services report. 2. Provides in principle support for the following hard waste collection service models to

be further investigated: a. On demand/booking Kerbside Collection Model for concession card holders, and b. Hybrid drop off model provided as a joint venture between NAWMA and Eco Waste

Solutions, and Recycling to be first option. 3. Request that further detailed financial investigations be undertaken, with a report to be

presented back to the Infrastructure and Environmental Services Committee for consideration.

4. Consideration of the cost to Council for providing such a hard waste service for the residential community be included as part of deliberations associated with the 2018/19 budget.

CARRIED

15 MOTIONS WITHOUT NOTICE

Nil

16 CONFIDENTIAL REPORTS

16.1 CONFIDENTIAL RECOMMENDATIONS FROM INFRASTRUCTURE & ENVIRONMENTAL SERVICES COMMITTEE MEETING HELD ON 10 APRIL 2018

Reason for Confidentiality In accordance with Sections 83(5) and 84(6) of the Local Government Act, 1999 – the Chief Executive Officer considers that this item may be considered in confidence by the Council on the grounds set out below (and therefore will remain confidential until the Council resolves how this item is to be classified).


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A further written report will be considered by Members at the Meeting after the following recommendation is carried.


That: 1. Pursuant to Section 90(3) (m) of the Local Government Act 1999 (the Act), the Council

orders that the public be excluded from attendance at that part of this meeting relating to Item 16.1, expecting the following persons:

• Chief Executive Officer • Manager Development, Environment & Regulatory Services • Minute Taker

to enable the Council to consider Item 16.1 in confidence on the basis the Council considers it necessary and appropriate to act in a meeting closed to the public (excepting those persons listed above) in order to receive, discuss or consider in confidence the following information or matter relating to Item 16.1:

(m) information relating to a proposed amendment to a Development Plan under the Development Act 1993 before a Plan Amendment Report relating to the amendment is released for public consultation under that Act.

2. Accordingly, on this basis, the principle that meetings of the Council should be conducted in a place open to the public has been outweighed by the need to keep the information or matter confidential.

CARRIED 11.32pm No members of the public were in the Conference Room 11.34pm confidential session commenced

RESOLUTION 2018:04:146 Moved: Cr A Shackley Seconded: Cr David Hughes

Kept confidential

LOST

RESOLUTION 2018:04:147 Moved: Cr I Tooley Seconded: Cr R Symes

Kept confidential CARRIED


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RESOLUTION 2018:04:148 Moved: Cr M Nicolson Seconded: Cr R Symes

That: 1. Pursuant to Section 91(7) of the Local Government Act 1999 (the Act), the Council

orders that the following document(s) (or part) shall be kept confidential, being document(s) (or part) relating to a matter dealt with by the Council on a confidential basis under Sections 90(2) and 90(3)(m) of the Act: • The minutes of item no. 16.1of 24-04-2018 • The written report item no. 16.1 of 24-04-2018 on the grounds that the document(s) (or part) is: (m) information relating to a proposed amendment to a Development Plan under the

Development Act 1993 before a Plan Amendment Report relating to the amendment is released for public consultation under that Act; Specifically, the present matter relates to the Rural Land Use and Infrastructure Investigation and the intent to place the DPA once prepared and released for public consultation on interim operation and thus take immediate effect.

2. This order shall operate for a period of 12 months unless revoked earlier by the Chief Executive Officer in accordance with paragraph 3 of this resolution and will be reviewed at least annually in accordance with the Act.

CARRIED UNANIMOUSLY

11.59pm confidential session concluded

17 CLOSE

The Meeting closed at 12:00am.

18 NEXT ORDINARY MEETING

Tuesday 22 May 2018 commencing at 7:00pm.

...................................................

CHAIRPERSON

Confirmed at the meeting held on 22/5/2018

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