Local Government Act 1999 Confirmed
Transcript of Local Government Act 1999 Confirmed
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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, 28 NOVEMBER 2017 AT 7:00PM
The meeting commenced at 7:04 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 Michael Joy Cr Duncan MacMillan Cr Dino Musolino Cr Carol Muzyk Cr Jane Onuzans Cr Max O’Rielly Cr Peter Rentoulis Cr Adam Sherwood 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 Senior Manager, Corporate Services Ms Rosemary Munslow Acting Senior Manager, Finance Ms Grace Pelle Minute Taker Ms Susie Reichstein
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Ordinary Council Minutes 2 28 November 2017
1.2 Apologies
Nil 1.3 Not Present
Nil
2 CONFIRMATION OF MINUTES
COUNCIL RESOLUTION 3028
Moved: Cr Davey Seconded: Cr Halls
The Minutes of the Ordinary Council Meeting held 24 October 2017 be confirmed as a true and accurate record of proceedings.
CARRIED
3 DECLARATIONS OF INTEREST
Name: Mayor Glenn Docherty
Conflict: Perceived
Item: 14.1 Proposed revocation over allotment 48 Mark Road, Elizabeth South and Allotment 61, John Rice Avenue, Elizabeth Vale
Description: I work at the Lyell McEwin hospital which is located on mark Road, Elizabeth vale. I am employed by Northern Adelaide Health Network/SA Health. There could be a perceived conflict of interest in the matter by the public.
Conflict Nature: Indirect
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
Voting
Did the Council Member vote on the matter? No
Name: Cr Shirley Halls
Conflict: Perceived
Item: 14.1 Proposed revocation over allotment 48 Mark Road, Elizabeth South and Allotment 61, John Rice Avenue, Elizabeth Vale
Description: I am an employee of SA Health
Conflict Nature: Indirect
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Ordinary Council Minutes 3 28 November 2017
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
Voting
Did the Council Member vote on the matter? No
4 MAYOR'S REPORT The Mayor participated in the following activities:
Kids in Council visit from Trinity College Gawler River
Meeting Bhutanese Community Leaders
Playford Alive Community Reference Group (CRG) 10 Year Anniversary Celebrations
Living Life to the Fullest Awards incorporating the launch of the Grenville Anthology
Playford Tennis Centre official launch
Salt Church – Commissioning of the new mobile cool-room
Celebration of the new Andrews Farm Community Church
Playford Alive Initiatives Fund Board Meeting
Mark Oliphant College Governing Council meeting
Concept 2 Creation Expo
Stem Nation Awards
St Patricks Technical College Open House for stakeholders to thank and farewell
outgoing Principal Rob Thomas
Dinner with the Equatorian Community Leaders Committee
Lyell McEwin Volunteer Association Annual General Meeting
Playford International College School Board Meeting
Assisted selling raffle tickets with the Rotary Club of Elizabeth
St Mary Magdalene's 60th Anniversary Assembly
Playford Alive Community Fun Day
Community Foodies certificate presentation
Elizabeth Park Schools' Reading Superstars Assembly
Grenville Players Remembrance Day Tribute
Operation Flinders - Mark Oliphant College Presentations
Opening Ceremony Multicultural Football Tournament
Elizabeth RSL Remembrance Day Service
Third Annual Equatoria Day Celebration in South Australia
Pat Stretton Morning tea
Commissioner for Equal Opportunity Dr Niki Vincent and Aleem Ali, National Manager
- Welcoming Cities - Engagement with Local Government on a National anti-Rascism
Strategy
LGA Conference Dinner
Stretton Centre 2nd Anniversary event
2017 National Growth Areas Alliance (NGAA) National Congress
Official Opening of Blakes crossing Christian College Stage 3 Building Stem, Science
and Middle School Facility
Official opening of the Tennis SA Local Government Forum
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Ordinary Council Minutes 4 28 November 2017
Playford Youth Report Launch
Blakeview Primary School visit to the Stretton Centre
Visit by Onkaparinga Elected Members
Elizabeth City Centre Guided Evening Tour of new disability facilities
Playford Christmas Pageant
Tennis SA Move It Multicultural Program at Playford
Launch of Gig City
Playford International College Awards Night
National Growth Areas Alliance (NGAA) Executive Officer Interviews
Summary of Media Engagements Mayoral Interviews
SAFCOL jobs – Bunyip, Nine News, Advertiser, Adelaide Now, Messenger
Gig City – Bunyip, Advertiser
Playford CBD, Sports Precinct, Adl Utd – Northern Life lift-out (Tiser)
Tennis Centre opens – Bunyip, Seven News,
National and State Heart Foundation awards - Bunyip, Messenger
Playford Alive expansion – Messenger, Advertiser
Playford Christmas carols – Messenger, Bunyip
Curtis Rd intersection upgrade – Bunyip
Playford Alive community reference group turns 10 - Bunyip
Life after Holden – FiveAA
Council Business – Proactive Media Releases
SAFCOL jobs
Gig City
Tennis Centre opening
Heart Foundation Awards
Christmas carols
Council Business – Reactive Media
Buckland Park development stalls – Advertiser
RAAF base water contamination
Dog attacks in Playford - Messenger
5 REPORTS OF REPRESENTATIVES OF COUNCIL ON OTHER ORGANISATIONS
Cr Shirley Halls
Murray Darling Region 7 Meeting
Cr Carol Muzyk
NAWMA Audit Committee meeting (via Skype), 7 November 2017
NAWMA Board Meeting (via Skype), 15 November 2017
NAWMA Board Strategic Workshop, 28 November 2017
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Ordinary Council Minutes 5 28 November 2017
6 REPORTS BY COUNCILLORS
Cr Denis Davey
PFAS Forum
Civic Events Committee Meeting
Living Life to the Fullest Awards
Grenville Centre Melbourne Cup Luncheon
Bruce Eastick 90th Birthday celebrations
Grenville Players Remembrance Day Tribute
Stretton Centre 2nd Anniversary event
Council Assessment Panel (CAP)
Beeb Birtles memoirs signing in the Civic Centre Library
Switch on Gig City – Stretton Centre
CRG 10 Year Anniversary
Thank you to those involved with getting the Keep Clear signage painted on the road
at Mingari Street/Curtis Road T Junction from Munno Para Estate residents
Thank you to the bitumen repair team for filling 11 potholes on Uley Road, Blakeview
Cr Joy left the meeting and returned at 7:10pm.
Cr Shirley Halls
Living Life to the Fullest Awards
Annie Finale – Northern Light Theatre Company
LGA Dinner
Stretton centre 2nd Anniversary
Multicultural-Australian Tamil Art Shared Meal at the Grenville Centre
Northern Business Breakfast, Parafield Gardens Community Club
Cr Dino Musolino
Launch of the Playford Tennis Centre
2017 LGA Dinner
Tennis SA Association’s Lunch
Cr Carol Muzyk
Meeting with Angle Vale residents, 26 November 2017
Meeting with Angle Vale Gardens Retirement Estate Residents Committee, 27
November 2017
Cr Craig left the meeting room and returned at 7:19 pm.
Cr Jane Onuzans
PCRG 10 Year Anniversary
Living Life to the Fullest Awards
Launch of the Playford tennis centre
Production of Annie, Shedley Theatre
Salt Church Commissioning of the cool room
RAAF Community walk in session – PFAS
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Ordinary Council Minutes 6 28 November 2017
YAC meeting
Playford fun day
Trinity College Blakeview – launch of Steven Oatway’s sculptures
Remembrance Day Tribute at the Grenville Hub
Recognition Award Dinner
Adelaide Oval Tour
Stretton Centre 2nd Anniversary
Launch of the Playford youth report
Playford Christmas Pageant
Cr Gay Smallwood-Smith
Playford Alive Reference Group 10 Year celebration
Living Life to the Fullest Awards
Opening of the Playford Tennis Centre
LGA Dinner (25 Year Service Certificate Presentation)
Stretton Centre 2nd Birthday
Launch of the Youth Report
Playford Christmas Pageant
Launch of Gig City Stretton Centre
7 REPORTS OF REPRESENTATIVES (CONFERENCES & TRAINING PROGRAMS)
Cr Andrew Craig
Communicate for Impact and Influence
Leadership Speak, Proteus Leadership
Cr Jane Onuzans
LGA Conference and AGM 2017
Received the 2017 Heart Foundation Local Government Award on behalf of the
Community Development Team
8 QUESTIONS WITHOUT NOTICE
8.1 DRY ZONES (Cr Shirley Halls)
Question: Are there dry zones in the City of Playford?
Response: Deputy CEO responded that there are dry zones.
8.2 POTENTIAL DRY ZONE - PRINCE GEORGE PLAZA (Cr Shirley Halls)
Question: Is there any plans to designate Prince George Plaza as a dry zone?
Would it be in the best interest of resident and future hotel applications.
Response: The Deputy CEO responded that there have been discussions about the
potential for the area to be a designated dry zone and possible smoke free zone. Likely to be considered early in 2018.
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Ordinary Council Minutes 7 28 November 2017
8.3 REMEMBRANCE DAY (Cr Denis Davey )
Question: Will the Last Post be sounded in major shopping centres next year? Remembrance Day falls on a Sunday in 2018.
Response: Mayor responded that Council could ask shopping centres to play the
Last Post but they are under no legal obligation to do so.
8.4 SHOPPING TROLLEYS (Cr O’Rielly)
Question: Have staff met with the major supermarkets regarding dumped shopping trolleys and is there a report available? Is there any way the new litter and nuisance act can be used to enforce collection?
Response: Mr Pollock advised staff have met with Coles and a representatives
shopping trolley collection agency. Council staff working within service levels trying to work with shops to arrange collection of dumped trolleys.
8.5 VIRGINIA MAIN STREET (Cr Dino Musolino )
Question: What is planned for the upgrade of the Virginia Main Street.
Response: CEO took the question on notice.
8.6 FOOTPATH SKYLINE DRIVE (Cr Duncan MacMillan)
Question: A new footpath was installed recently on Skyline Drive only on one
side of the road. Are there plans for additional access points along the road to enable access to the footpath without having to go over the kerbing?
Response: Mr Pollock took the question on notice and will provide a response via memo. Mr Pollock further advised he will ensure the residents who have raised questions will be responded to as well.
8.7 WARD BY WARD BREAKDOWN OF RATE COLLECTION (Cr Carol Muzyk)
Question: How feasible examining the cost and human resource requirements
would it be to provide a ward by ward breakdown of rate collection and expenditure for each ward, as a part of the work undertaken in the process of the rating policy review?
Response: The CEO responded that a ward by ward breakdown is possible but would involve a significant amount of work for Council staff. The CEO further advised that the rate revenue through the volume of housing in the metropolitan area outweighs the volume in rural areas so would not necessarily provide an accurate outlook.
8.9 RURAL ROAD RE-SEALING (Cr Joe Federico)
Question: Unsealed roads in rural areas – what progress has been made with program?
Response: Mr Pollock advised that Council are reviewing the program and the
priority assessment for unsealed rural roads.
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Ordinary Council Minutes 8 28 November 2017
8.10 WARD BY WARD BREAKDOWN OF RATE COLLECTION (Cr Adam Sherwood)
Question: Seeking clarification on the CEOs response regarding a ward by ward
breakdown of rate collection and how this would may disadvantage rural areas?
Response: Rate revenue through the volume of housing in the metropolitan area
outweighs the volume in rural areas. Therefore to apply to a formula on the volume of rates raised would disadvantage some areas.
8.11 MAIN STREET, VIRGINIA (Cr Peter Rentoulis)
Question: Main Street of Virginia – what is the legal exposure in the event that
residents take legal action against Council if they can successfully establish that Council is negligent due the state of the footpaths along the main street due to the Bottle trees?
Response: CEO responded that he can get a legal opinion if required.
COUNCIL RESOLUTION 2029 Moved: Cr Davey Seconded: Cr Federico
That the Questions Without Notice from:
Cr Halls
Cr Davey
Cr O’Rielly
Cr Musolino
Cr MacMillan
Cr Muzyk
Cr Federico
Cr Sherwood
Cr Rentoulis
And the accompanying responses be recorded in the minutes.
CARRIED
9 QUESTIONS ON NOTICE
Nil
10 PETITIONS
Nil
11 DEPUTATION / REPRESENTATIONS
11.1 YEARS OF SERVICE PRESENTATION
Cr Max O’Reilly presented with 25 years of service to Council certificate. Cr Gay Smallwood-Smith presented with 25 years of service to Council certificate. Cr Dino Musolino presented with 20 years of service to Council certificate.
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Ordinary Council Minutes 9 28 November 2017
12 MOTIONS WITHOUT NOTICE
Nil
13 MOTIONS ON NOTICE
Nil
14 COMMITTEE REPORTS
Chief Executive Officer Performance Review Committee
Nil
Civic Events Committee
Nil
Corporate Governance Committee
Nil
Services Committee
Matters which cannot be delegated to a Committee or Staff.
Mayor declared a perceived conflict of interest due to being an employee of the Northern Adelaide Health Network/SA Health at the Lyell McEwin Hospital and left the room at 8:02 pm.
Cr Halls declared a perceived conflict of interest due to being an employee of Northern Adelaide Health Network/SA Health at the Lyell McEwin Hospital and left the room at 8:02pm.
14.1 PROPOSED REVOCATION OVER ALLOTMENT 48 MARK ROAD, ELIZABETH SOUTH AND ALLOTMENT 61, JOHN RICE AVENUE, ELIZABETH VALE Responsible Executive Manager : James Pollock
COUNCIL RESOLUTION 3030
Moved: Cr Smallwood-Smith Seconded: Cr O'Rielly
1. In accordance with approval received from the Minister for Planning and pursuant
to the provisions of Section 194 of the Local Government Act 1999, and having complied with all requirements thereof, the Council hereby revokes the classification as community land for the whole of Allotment 48 Mark Road, Elizabeth South as described within Deposited Plan 91288 contained in Certificate of Title Volume 6109 Folio 466 and the whole of Allotment 61 John Rice Avenue, Elizabeth Vale as described within Filed Plan 130753 contained in Certificate of Title Volume 2700 Folio 112.
2. The General Manager Strategic Projects & Assets be authorised to consider
strategic opportunities for the land, including the disposal of Allotment 48 Mark Road, Elizabeth South and Allotment 61 John Rice Avenue, Elizabeth Vale.
CARRIED
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Ordinary Council Minutes 10 28 November 2017
The Mayor and Cr Halls returned to the meeting at 8:03pm.
Strategic Planning Committee
Matters which cannot be delegated to a Committee or Staff.
14.2 COUNCIL ASSESSMENT PANEL TERMS OF REFERENCE REVIEW Responsible Executive Manager : Maggie Dowling
COUNCIL RESOLUTION 3031
Moved: Cr Federico Seconded: Cr Smallwood-Smith
That Council endorse the updated Terms of Reference (Version 2) for the Council Assessment Panel.
CARRIED
15 STAFF REPORTS
Matters which cannot be delegated to a Committee or Staff.
15.1 APPOINTMENT OF DEPUTY MAYOR Responsible Executive Manager : Sam Green
COUNCIL RESOLUTION 3032
Moved: Cr Smallwood-Smith Seconded: Cr Joy
1. Council appoint a Deputy Mayor until the next general election in November
2018.
2. In accordance with section 51(4) of the Local Government Act 1999, Cr Smallwood-Smith be appointed to the position of Deputy Mayor. If required, the private ballot process outlined in the Code of Practice for Council and Committee Meetings be utilised to appoint a Deputy Mayor, with the results of the ballot becoming the outcome
CARRIED
The Mayor called for nominations: Cr Halls nominated Cr Smallwood-Smith. Cr Smallwood-Smith accepted the nomination. Cr Rentoulis nominated Cr Musolino. Cr Musolino accepted the nomination.
The result of the vote Cr Smallwood – Smith: 12 votes Cr Musolino: 4 votes The Mayor declared that Cr Smallwood-Smith be appointed as the Deputy Mayor.
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Ordinary Council Minutes 11 28 November 2017
15.2 COUNCIL AND COMMITTEE MEETING SCHEDULE - APRIL 2018 Responsible Executive Manager : Sam Green
COUNCIL RESOLUTION 3033
Moved: Cr Joy Seconded: Cr Davey Council changes its meeting schedule for the month of April 2018. 1. Services Committee move to the 2nd Tuesday of April 2018 and commence at the
conclusion of the Strategic Planning Committee meeting.
2. Ordinary Council move to the 3rd Tuesday of April 2018. CARRIED
Matters which have been delegated to staff but they have decided not to exercise their delegation.
15.3 STATE PLANNING COMMISSION COMMUNITY ENGAGEMENT CHARTER AND GUIDE - COUNCIL SUBMISSION Responsible Executive Manager : Sam Green
COUNCIL RESOLUTION 3034
Moved: Cr O'Rielly Seconded: Cr Halls
That Council endorse the submission (Attachment 1) to the State Planning Commission in response to the Community Engagement Charter Consultation Draft and Draft Guide to the Community Engagement Charter.
CARRIED
Matters for Information.
15.4 COUNCIL DEVELOPMENT ASSESSMENT PANEL ANNUAL REPORT Responsible Executive Manager : Derek Langman
Cr Smallwood-Smith left the meeting room at 8:18 pm. Cr Smallwood-Smith returned to the meeting room at 8:20 pm.
COUNCIL RESOLUTION 3035
Moved: Cr Federico Seconded: Cr Onuzans
That Council receive the report and staff make the relevant amendments to the table on page 104.
CARRIED
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Ordinary Council Minutes 12 28 November 2017
15.5 BUDGET UPDATE REPORT - OCTOBER 2017 Responsible Executive Manager : Sam Green
Cr Blake left the meeting room at 8:21 pm. Cr Blake returned to the meeting room at 8:23 pm.
COUNCIL RESOLUTION 3036
Moved: Cr Sherwood Seconded: Cr O'Rielly
That Council receives the Budget Update Report for period ending 31 October 2017 (Attachment 1).
CARRIED
Matters which cannot be delegated to a Committee or Staff.
15.6 FIRST BUDGET REVIEW 2017/18 Responsible Executive Manager : Sam Green
COUNCIL RESOLUTION 3037
Moved: Cr O'Rielly Seconded: Cr Davey
That the First Budget Review 2017/18 be adopted incorporating the Uniform Presentation of Finances as presented in Attachment 1, noting that the revised budget consists of:
A total estimated operating income of $95.1M.
A total estimated operating expenditure (including depreciation) of $101.3M.
An operating deficit of $6.2M.
Estimated capital expenditure of $65.9M supported by grant funding for new/upgraded assets of $7.5M (a net capital budget of $58.4M).
CARRIED
16 INFORMAL DISCUSSION
Nil
17 FORWARD AGENDA
17.1 ORDINARY COUNCIL FORWARD AGENDA
Presenter: Mr Mal Hemmerling Outcome: Council Members reviewed the Council forward agenda.
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Ordinary Council Minutes 13 28 November 2017
18 CONFIDENTIAL MATTERS
18.1 CORPORATE GOVERNANCE COMMITTEE - APPOINTMENT OF INDEPENDENT MEMBER Responsible Executive Manager : Sam Green
A. COUNCIL TO MOVE MOTION TO GO INTO CONFIDENCE
COUNCIL RESOLUTION 3038
Moved: Cr Davey 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;
General Manager Strategic Projects and Assets;
Senior Manager Corporate Services; and
Minute Taker; in order to consider in confidence agenda item number 18.1 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).
This matter is Confidential because this matter relates to information pertaining to the personal affairs of shortlisted applicants for the Independent Member position on the Corporate Governance Committee. The disclosure of this information would be unreasonable because it contains sensitive information such as personal details of applicants and referees and is not a matter of public knowledge. 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
Cr Davey left the room at 8:26 pm.
The meeting went into confidence at 8:26 pm.
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Ordinary Council Minutes 14 28 November 2017
C. PROCEDURAL DECISION - TO DECIDE HOW LONG ITEM 18.1 IS TO BE KEPT IN CONFIDENCE
COUNCIL RESOLUTION 3040
Moved: Cr Joy 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 18.1 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:
Attachment(s) for Item 18.1 This order on the Attachment 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 reopened to the public at 8:28 pm. Cr Davey returned to the meeting at 8:28 pm.
19 CLOSURE
The meeting closed at 8:28 pm.