MINUTES OF THE COUNCIL MEETING HELD ON …€¦ · 9.3 2016/2017 annual business plan – online...

MINUTES

OF THE

COUNCIL MEETING

HELD ON

WEDNESDAY, 27 JANUARY 2016

COUNCIL

MINUTES 27 JANUARY 2016

MINUTES OF A MEETING OF THE COUNCIL HELD IN THE COUNCIL CHAMBERS, 131 BELAIR ROAD, TORRENS PARK ON WEDNESDAY, 27 JANUARY 2016 COMMENCING AT 7.01 PM. MEMBERSHIP: His Worship the Mayor (G Spear)

Crs A Christopoulos, N Economos, S Fisher, N Greer, T Hein, K Hockley, D Munro, A Rosevear, J Sanderson, L Taeuber, A Tilley, Y Todd and M Ward

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

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

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

2. CONFIRMATION OF MINUTES ..................................................... 2 2.1 FULL COUNCIL MEETING – 8 DECEMBER 2015 ........................................ 2

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

4. DEPUTATIONS ............................................................................. 2 4.1 MS KAREN ADAMS – RANDELL PARK TRAIL PLAN ................................ 2

5. GALLERY QUESTION TIME .......................................................... 3 5.1 MS GAYNEL THOMPSON, BELAIR – RANDELL PARK DRAFT TRAIL

PLAN ............................................................................................................. 3 5.2 MR PETER PRIEST, BURNELL DRIVE, BELAIR – RANDELL PARK

DRAFT TRAIL PLAN .................................................................................... 3

COUNCIL INDEX PAGE 2 MINUTES 27 JANUARY 2016

6. PETITIONS .................................................................................. 4 6.1 PETITION – CAMBRIDGE TERRACE / BALHAM AVENUE,

KINGSWOOD – PROPOSED ROUNDABOUT TREATMENT ....................... 4

GENERAL BUSINESS .................................................................................. 4

7. DECISION REPORTS .................................................................... 4 7.1 COMMUNITY LAND CLASSIFICATION – DRAINAGE RESERVE,

EAGLE ROAD, LEAWOOD GARDENS ........................................................ 4

CHANGE TO ORDER OF BUSINESS ............................................................. 5

12. NOTICES OF MOTION .................................................................. 5 12.1 CR M WARD – DOGS IN OR AROUND PLAYGROUND AREAS –

RESCISSION MOTION.................................................................................. 5

7. DECISION REPORTS (CONT’D) ..................................................... 5 7.2 AUDIT COMMITTEE – APPOINTMENT OF INDEPENDENT MEMBER ....... 5 7.3 COMMUNITY WELLBEING CLIENT CONTRIBUTION POLICY ................... 6 7.4 COMMUNITY DEVELOPMENT GRANTS COMMITTEE -

MEMBERSHIP .............................................................................................. 6 7.5 LOT 45 (NO. 14) MCLAREN STREET, TORRENS PARK –

ENDORSEMENT OF LAND MANAGEMENT AGREEMENT ........................ 6

ADJOURNMENT OF MEETING ..................................................................... 7

RESUMPTION OF MEETING ......................................................................... 7

CHANGE TO ORDER OF BUSINESS ............................................................. 7

9. INFORMATION ONLY REPORTS ................................................... 8 9.1 RANDELL PARK DRAFT TRAIL PLAN - ZONE 1 ........................................ 8

7. DECISION REPORTS (CONT’D) ..................................................... 8 7.6 COUNCIL REVIEW OF CONFIDENTIAL ORDERS ....................................... 8

8. CONFIDENTIAL REPORTS ........................................................... 9

9. INFORMATION ONLY REPORTS ................................................. 10 9.1 RANDELL PARK DRAFT TRAIL PLAN - ZONE 1 ...................................... 10 9.2 LOT 35 (NO. 1) AND LOT 92 (NO. 3) ORMOND AVENUE, AND LOT

10, LOT 38 AND LOT 39 (NO. 530) GOODWOOD ROAD, DAW PARK – RESCISSION OF LAND MANAGEMENT AGREEMENT ......................... 10

9.3 2016/2017 ANNUAL BUSINESS PLAN – ONLINE TRIAL CONSULTATION FEEDBACK .................................................................... 10

9.4 CORRESPONDENCE FOR INFORMATION ONLY ..................................... 11

10. RECOMMENDATIONS FROM COMMITTEES ............................... 11 10.1 AUDIT COMMITTEE – TUESDAY, 15 DECEMBER 2015 ........................... 11

10.1.1 AUDIT COMMITTEE – REVIEW OF TERMS OF REFERENCE AND FUTURE MEETING DATES........................................................................ 11

COUNCIL INDEX PAGE 3 MINUTES 27 JANUARY 2016

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

12. NOTICES OF MOTION ................................................................ 11 12.1 CR M WARD – DOGS IN OR AROUND PLAYGROUND AREAS –

RESCISSION MOTION................................................................................ 11 12.2 CR K HOCKLEY – DOGS IN OR AROUND PLAYGROUND AREAS –

RESCISSION MOTION................................................................................ 12 12.3 CR K HOCKLEY – POSSIBLE PURCHASE OF LAND ............................... 12

13. MOTIONS WITHOUT NOTICE ..................................................... 13 13.1 CR S FISHER – 2016/2017 ANNUAL BUSINESS PLAN ONLINE

TRIAL CONSULTATION FEEDBACK ........................................................ 13

14. QUESTIONS ON NOTICE ............................................................ 13 14.1 CR N GREER – POTENTIAL FUTURE CAPITAL WORKS IN THE CITY

OF MITCHAM .............................................................................................. 13 14.2 CR N GREER – RECYCLABLE MATERIAL ............................................... 14 14.3 CR K HOCKLEY – HOUSE DESIGNS IN MITCHAM .................................. 15 14.4 CR K HOCKLEY – POSSIBLE CONTRACTS WITH

BROADSPECTRUM (FORMERLY TRANSFIELD SERVICES) .................. 17

15. QUESTIONS WITHOUT NOTICE .................................................. 18 15.1 CR N GREER – RECYCLABLE MATERIAL ............................................... 18 15.2 CR K HOCKLEY – MITCHAM RAILWAY STATION ................................... 18

16. REPORTS FROM REGIONAL SUBSIDIARIES ............................... 18

17. MAYORAL BUSINESS ................................................................. 19 17.1 BUSINESS RAISED BY THE MAYOR ........................................................ 19

18. WRITTEN REPORTS FROM ELECTED MEMBERS AS COUNCIL REPRESENTATIVES ON OUTSIDE BODIES .................. 19 18.1 CR L TAEUBER – BLACKWOOD BUSINESS NETWORK,

BLACKWOOD HIGH SCHOOL GOVERNING COUNCIL AND CARRICK HILL TRUST - SIX MONTHLY REPORTS JULY TO DECEMBER 2015 ....................................................................................... 19

19. REPORTS OUTSTANDING AND RESOLUTIONS NOT YET EFFECTED ................................................................................ 19 19.1 ACTION SHEET .......................................................................................... 19

CLOSE: ..................................................................................................... 19

COUNCIL

MINUTES 27 JANUARY 2016

MINUTES OF A MEETING OF THE COUNCIL HELD IN THE COUNCIL CHAMBERS, 131 BELAIR ROAD, TORRENS PARK ON WEDNESDAY, 27 JANUARY 2016 COMMENCING AT 7.01 PM. MEMBERSHIP: His Worship the Mayor (G Spear)

Crs A Christopoulos, N Economos, S Fisher, N Greer, T Hein, K Hockley, D Munro, A Rosevear, J Sanderson, L Taeuber, A Tilley, Y Todd and M Ward

PLEDGE AND KAURNA ACKNOWLEDGEMENT The Mayor pledged: We acknowledge that this land we meet on is the traditional land of the Kaurna people. We respect their spiritual relationship with their country. We, as a Council, welcome all members of the community and pledge honesty and good governance in all of our dealings. PRESENT:

His Worship the Mayor (G Spear) Crs A Christopoulos, S Fisher, N Greer, T Hein, K Hockley, D Munro, A Rosevear, J Sanderson, L Taeuber, A Tilley, Y Todd and M Ward

APOLOGIES:

Cr N Economos

LEAVE OF ABSENCE:

Nil

ABSENT:

STAFF IN ATTENDANCE:

Chief Executive Officer (M Pears), Director Engineering and Horticulture (H Lacy), Director Corporate Services and Innovation (W Reynolds), A/Director Development and Compliance (S Saffin), Director Organisational and Community Development (K O’Neill), Manager Property and Contracts (G Forbes), Manager Community Development (K Fergusen), A/Manager Community Wellbeing (L Macphail), Development Officer Planning (T Pride), Project Officer-Trails (M Jensen), Governance Officer (V Fisher) and Minute Secretary (H Green)

COUNCIL PAGE 2 MINUTES 27 JANUARY 2016

WELCOME The Mayor wished everyone a Happy New Year and welcomed those present to the meeting. BUSINESS 1. ELECTED MEMBERS’ DECLARATIONS OF INTERESTS

The Mayor asked if any Member wished to disclose an interest in relation to any item being considered at the meeting. • Cr Christopoulos – declared a conflict of interest in Item 9.2 – her sister and

brother-in-law own both properties • Cr Fisher declared an interest, but no conflict, in Item 6.1 – he owns properties in

Balham Avenue. • Cr Hockley – declared a conflict of interest in Items 7.5 and 9.2 – she is a

member of the Development Assessment Panel.

2. CONFIRMATION OF MINUTES

2.1 FULL COUNCIL MEETING – 8 DECEMBER 2015

MOVED Cr Hockley That the Minutes of the Meeting held on 8 December 2015 be confirmed. SECONDED Cr Fisher CARRIED

3. ADJOURNED MOTIONS

Nil 4. DEPUTATIONS

Deputations are to be no more than 3 minutes in length, without leave of the meeting.

4.1 MS KAREN ADAMS – RANDELL PARK TRAIL PLAN

Ms Karen Adams of Burnell Drive, Belair addressed the Council concerning the Randell Park Trail Plan. Leave of the meeting was granted for Ms Adams to speak for a further 3 minutes. Ms Adams answered questions from Elected Members.


5. GALLERY QUESTION TIME

5.1 MS GAYNEL THOMPSON, BELAIR – RANDELL PARK DRAFT TRAIL

PLAN

QUESTIONS (1) Why is Council Administration not proactively working to relocate cycle

access to Randell Reserve away from any portion of Burnell Drive? (2) What exactly will Council do to ensure safety in Burnell Drive and

restrict any cycle access to Randell Reserve from Burnell Drive? ANSWER The questions were taken on notice and a response will be supplied in a future Council Agenda.

5.2 MR PETER PRIEST, BURNELL DRIVE, BELAIR – RANDELL PARK DRAFT TRAIL PLAN

QUESTIONS (1) Are the councillors aware of the following criteria for trail closures

specified in Attachment A16 to the report for bike trails in Randell Reserve:

• Pose a threat to Bush for Life sites and remnant flora species • Steep trail gradients prone to erosion • Risk to trail users, such as cliff faces • Cannot be upgraded or maintained by the City of Mitcham, high

maintenance costs • Provide unauthorised access to a neighbouring reserve • Other social, environment or economic impacts?

(2) Do any of these criteria apply to Randell Park?

ANSWER The questions were taken on notice and a response will be supplied in a future Council Agenda.


6. PETITIONS

6.1 PETITION – CAMBRIDGE TERRACE / BALHAM AVENUE, KINGSWOOD – PROPOSED ROUNDABOUT TREATMENT Howard Lacy / Daniel Baker / Ashni Kumar (Meeting date: 27 January 2016) (Ref: FF/2015/2229 : 16.6001) (Location: Boorman Ward) MOVED Cr Tilley (1) That the petition be received. (2) That the petition is considered as part of community feedback to be

presented to Council in an upcoming report. (3) That the head petitioner be informed of Council’s decision. SECONDED Cr Christopoulos CARRIED UNANIMOUSLY

GENERAL BUSINESS

7. DECISION REPORTS

7.1 COMMUNITY LAND CLASSIFICATION – DRAINAGE RESERVE, EAGLE ROAD, LEAWOOD GARDENS Wade Reynolds / George Forbes / Paul Kelly (Meeting Date: 27 January 2016) (Ref: 16.1973) (Location: Boorman Ward)

MOVED Cr Christopoulos (1) That Council notes no submissions or objections were received in

response to Council’s community consultation. (2) That following approval from the Minister of Planning to proceed with

the revocation process, Council approves the revocation of the Community Land Classification pursuant to subsection 194(3)(b) of the Local Government Act 1999 (as amended) over Allotments 22, 23 and 24 Eagle Road, Leawood Gardens, legally defined in Land Titles Office Deposited Plan 3646 and more particularly described in Certificates of Title Volume 5946 Folio 473, Volume 5946 Folio 474 and Volume 5946 Folio 475.

(3) That Allotments 22, 23 and 24 Eagle Road, Leawood Gardens be transferred to neighbouring landowners for consideration to be negotiated by Administration and approved by the Chief Executive Officer.

(4) That Council authorises the Mayor and Chief Executive Officer to

attest to the affixation the Common Seal of the Council to give effect to Council’s resolutions in this matter.

SECONDED Cr Tilley CARRIED UNANIMOUSLY


CHANGE TO ORDER OF BUSINESS MOVED Cr Ward that Item 12.1 be brought forward. SECONDED Cr Hein CARRIED 12. NOTICES OF MOTION

12.1 CR M WARD – DOGS IN OR AROUND PLAYGROUND AREAS –

RESCISSION MOTION MOVED Cr Ward That the Council resolves to vary its decision of 8 December 2015 for agenda item 7.2 regarding dog on leash areas within Apex Park Reserve (as contained in the first bullet point of paragraph 2 of resolution 15.167158) so that only the portion of Apex Park Reserve north of Watahuna Avenue is declared a dog on leash area for the purposes of clause 9.1 of By-law No. 5 – Dogs 2015. The effect of this is that: • dogs may be off-leash in the portion of Apex Park Reserve south of

Watahuna Avenue (Hawthorndene Oval) provided they are under effective control as required by the Dog and Cat Management Act 1995; and

• dogs are required to be on-leash in the portion of Apex Park Reserve north of Watahuna Avenue.

SECONDED Cr Rosevear CARRIED UNANIMOUSLY

7. DECISION REPORTS (CONT’D)

7.2 AUDIT COMMITTEE – APPOINTMENT OF INDEPENDENT MEMBER Wade Reynolds / Nita Freer-Cooling (Meeting Date: 27 January 2016) (Ref: 16.2243) (Location: Council Wide) MOVED Cr Hockley: That Council re-appoints Ms Lisa Scinto to the Audit Committee for a further term of three years, concluding 30 November 2018. SECONDED Cr Sanderson CARRIED A DIVISION WAS CALLED BY CR TODD AND THE DECISION WAS SET ASIDE: For the motion: Crs L Taeuber, K Hockley, N Greer, D Munro,

J Sanderson, M Ward, T Hein, A Rosevear, A Christopoulos, A Tilley

Against the motion: Crs Y Todd, S Fisher THE CHAIR DECLARED THE MOTION CARRIED


7.3 COMMUNITY WELLBEING CLIENT CONTRIBUTION POLICY Lynda Macphail / Kate O’Neill (Meeting date: 27 January 2016) (Ref: 15.187602) (Location: Council Wide) MOVED Cr Taeuber: That Council endorses the Community Wellbeing Client Contribution Policy as provided at Attachment A of this report. SECONDED Cr Todd CARRIED UNANIMOUSLY

7.4 COMMUNITY DEVELOPMENT GRANTS COMMITTEE - MEMBERSHIP Kate O’Neill / Kylie Fergusen / Lyn Young (Meeting date: 27 January 2016) (Ref:15.169233) (Location: Council Wide) Cr Christopoulos left the meeting at 8.01 pm during discussion of this item. MOVED Cr Hockley: (1) That the Community Development Grants Committee for 2016 be

comprised of: • Mayor Glenn Spear (ex officio) • Councillor John Sanderson • Councillor Adrian Rosevear • Councillor Lindy Taeuber • Councillor Andrew Tilley

(2) That the Community Development Grants Committee Terms of

Reference be amended to extend the period of the Committee’s appointment from one year to two years, coming into effect from 2017.

SECONDED Cr Munro CARRIED UNANIMOUSLY

7.5 LOT 45 (NO. 14) MCLAREN STREET, TORRENS PARK – ENDORSEMENT OF LAND MANAGEMENT AGREEMENT Craig Harrison / Tim Pride (Meeting date: 27 January 2016) (Ref: 16.1892) (Location: Boorman Ward) Cr Greer left the meeting at 8.05 pm during discussion of this item Pursuant to Section 74 of the Local Government Act 1999, Cr Hockley declared a conflict of interest in this item - she is a member of the Development Assessment Panel - and left the room at 8.06 pm Cr Christopoulos returned to the meeting at 8.07 pm during discussion of this item Cr Greer returned at 8.13 pm during discussion of this item


Cr Munro left the meeting at 8.14 pm and returned at 8.16 pm during discussion of this item MOVED Cr Tilley: (1) That Council agrees to endorse the Land Management Agreement to

be registered over land required for overland flow and drainage purposes comprised in Certificate of Title Register Book Volume 5253 Folio 74 (Lot 45 (No. 14) McLaren Street, Torrens Park).

(2) That all costs associated with the registering of the Land Management

Agreement are borne by the applicant. (3) That Council authorises the Mayor and Chief Executive Officer to

attest to the affixation the Common Seal of the Council to give effect to Council’s resolutions in this matter.

SECONDED Cr Christopoulos CARRIED UNANIMOUSLY

ADJOURNMENT OF MEETING

THE MEETING ADJOURNED AT 8.30 PM FOR A 15 MINUTE BREAK

RESUMPTION OF MEETING

THE MEETING RECONVENED AT 8.47 PM

Cr Hockley returned to the meeting at 8.47 pm CHANGE TO ORDER OF BUSINESS MOVED Cr Ward That Item 9.1 be brought forward. SECONDED Cr Taeuber CARRIED UNANIMOUSLY


9. INFORMATION ONLY REPORTS

9.1 RANDELL PARK DRAFT TRAIL PLAN - ZONE 1 Kate O’Neill / Kylie Fergusen / Justin Sexton / Meridee Jensen (Meeting date: 27 January 2015) (Ref: 15.179738) (Location: Boorman and The Park Wards)

The Chief Executive Officer withdrew this item and answered questions from Elected Members.

MOVED Cr Hockley That proceedings be suspended. SECONDED Cr Greer LOST

7. DECISION REPORTS (CONT’D)

7.6 COUNCIL REVIEW OF CONFIDENTIAL ORDERS Kate O’Neill / Virginia Fisher (Meeting date: 27 January 2016) (Ref: 15.25079) (Location: Council Wide) DECISION 1 MOVED Cr Ward That pursuant to Section 90(2) of the Local Government Act 1999, the Council orders the public be excluded on the basis that the Council considers it necessary and appropriate to act in a meeting closed to the public in order to receive, discuss or consider in confidence the information in this report and that the Council is satisfied with the principle that the meeting should be conducted in a place open to the public has been outweighed in relation to the matter under consideration because: • The information in Attachment B is of the nature specified in Subsection

90(2) and (3)(g) of the Local Government Act 1999, being a duty of confidence arising from the confidential orders previously resolved by Council for each item on the schedule.

• The information in Attachment C is of the nature specified in Subsection 90(2) and (3)(a) of the Local Government Act 1999, being information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of a person.

SECONDED Cr Christopoulos CARRIED UNANIMOUSLY THE GALLERY LEFT THE MEETING SO CONFIDENTIAL MATTERS COULD BE DISCUSSED.


DECISION 2 MOVED Cr Fisher (1) That Council revokes the confidential order for Item 15.1 Structural

Arrangements – Engineering Services from the Engineering and Environmental Services Committee Agenda of 9 October 2007 and release the report from confidence.

(2) That Council has reviewed all other confidential items and confirms the

status of all confidential orders on the Register with only one change as resolved in (1) above.

SECONDED Cr Sanderson CARRIED UNANIMOUSLY DECISION 3 MOVED Cr Fisher: (1) That having considered the said information or matter pursuant to

Section 90(2) and (3)(g) under Part 3 of Chapter 6 of the Local Government Act 1999, the Council orders pursuant to Section 91(7) of the Local Government Act 1999 that the attachment ‘Review of Confidential Orders Schedule’ (Attachment B) relating to Agenda Item 7.9 be kept confidential and released when all entries on the Schedule have been released from confidence and the Council no longer has a duty of confidence in any of the matters listed on the schedule.

(2) That the Chief Executive Officer be authorised to review the

confidentiality order annually. (3) That pursuant to Section 91(9)(c) of the Local Government Act 1999

the Chief Executive Officer be authorised to revoke this order. SECONDED Cr Christopoulos CARRIED UNANIMOUSLY FOLLOWING DISCUSSION OF CONFIDENTIAL MATTERS, THE GALLERY WAS READMITTED TO THE MEETING.

8. CONFIDENTIAL REPORTS

Nil


9. INFORMATION ONLY REPORTS

9.1 RANDELL PARK DRAFT TRAIL PLAN - ZONE 1

Kate O’Neill / Kylie Fergusen / Justin Sexton / Meridee Jensen (Meeting date: 27 January 2015) (Ref: 15.179738) (Location: Boorman and The Park Wards)

This item was brought forward following Item 7.5 and withdrawn by the Chief Executive Officer

9.2 LOT 35 (NO. 1) AND LOT 92 (NO. 3) ORMOND AVENUE, AND LOT 10, LOT 38 AND LOT 39 (NO. 530) GOODWOOD ROAD, DAW PARK – RESCISSION OF LAND MANAGEMENT AGREEMENT Craig Harrison / Tim Pride (Meeting date: 27 January 2016) (Ref: 16.3601) (Location: Overton Ward)

Pursuant to Section 74 of the Local Government Act 1999, Cr Christopoulos declared a conflict of interest in this item – her sister and brother-in-law own both properties - and left the room at 9.16 pm Pursuant to Section 74 of the Local Government Act 1999, Cr Hockley declared a conflict of interest in this item – she is a member of the Development Assessment Panel - and left the room at 9.16 pm. MOVED Cr Fisher That the report be received for information only. SECONDED Cr Ward CARRIED UNANIMOUSLY Cr Christopoulos and Cr Hockley returned to the meeting at 9.34 pm following discussion of this item.

9.3 2016/2017 ANNUAL BUSINESS PLAN – ONLINE TRIAL CONSULTATION FEEDBACK Wade Reynolds (Meeting Date: 27 January 2016) (Ref: 16.5242) (Location: Council Wide) MOVED Cr Ward: That the consultation feedback from the trial online engagement (Attachments A1–A3, B1–B2 and C1) be received to assist with 2016 / 2017 Budget deliberations. SECONDED Cr Taeuber CARRIED UNANIMOUSLY


9.4 CORRESPONDENCE FOR INFORMATION ONLY

Matt Pears (Meeting Date: 27 January 2016) MOVED Cr Ward That the report be received for information only. SECONDED Cr Fisher CARRIED UNANIMOUSLY

10. RECOMMENDATIONS FROM COMMITTEES

10.1 AUDIT COMMITTEE – TUESDAY, 15 DECEMBER 2015 10.1.1 AUDIT COMMITTEE – REVIEW OF TERMS OF REFERENCE AND FUTURE

MEETING DATES Wade Reynolds / N Freer-Cooling (Meeting Date: 27 January 2016) (Ref: 15.180304) (Location: Council Wide)

MOVED Cr Hockley (1) That Council endorses the current Audit Committee Terms of

Reference as attached (A1 – A6) for 2016, unchanged from 2015.

(2) That Council notes the Audit Committee ordinary meeting

dates, as determined by the Committee, for the next 12 months:

Tuesday 16 February 2016 Tuesday 17 May 2016 Tuesday 16 August 2016 Tuesday 18 October 2016 – Annual Financial Statements Thursday 8 December 2016

SECONDED Cr Sanderson CARRIED UNANIMOUSLY

11. DEVELOPMENT ASSESSMENT PANEL MEETINGS

Nil 12. NOTICES OF MOTION

12.1 CR M WARD – DOGS IN OR AROUND PLAYGROUND AREAS –

RESCISSION MOTION This item was dealt with following Item 7.1


12.2 CR K HOCKLEY – DOGS IN OR AROUND PLAYGROUND AREAS – RESCISSION MOTION This motion was withdrawn by Cr Hockley

12.3 CR K HOCKLEY – POSSIBLE PURCHASE OF LAND

MOVED Cr Hockley (1) That pursuant to Section 90(3)(d) of the Local Government Act 1999,

the Council orders the public be excluded on the basis that it considers it necessary and appropriate to act in a meeting closed to the public in order to consider Item 12.3 in confidence.

(2) That Council is satisfied that, pursuant to Section 90(3)(d) of the Local

Government Act 1999 the information to be received, discussed and considered in relation to Item 12.3 is commercial information of a confidential nature (not being a trade secret) the disclosure of which—

(i) 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) would, on balance, be contrary to the public interest;

because it relates to the consideration of purchasing land and could compromise Council’s ability to negotiate a fair price.

SECONDED Cr Fisher CARRIED UNANIMOUSLY THE GALLERY LEFT THE MEETING SO CONFIDENTIAL MATTERS COULD BE DISCUSSED. DECISION 2 MOVED Cr Taeuber (1) That having considered the said information or matter pursuant to

Section 90(2) and (3)(d) under Part 3 of Chapter 6 of the Local Government Act 1999, the Council orders pursuant to Section 91(7) of the Local Government Act 1999 that the discussion and Decision 1 relating to Agenda Item 12.3 be kept confidential and released when the decision no longer confers a commercial advantage on the person with whom the council is conducting business.

(2) That the Chief Executive Officer be authorised to review the

confidentiality order annually. (3) That pursuant to Section 91(9)(c) of the Local Government Act 1999

the Chief Executive Officer be authorised to revoke this order. SECONDED Cr Ward CARRIED


FOLLOWING DISCUSSION OF CONFIDENTIAL MATTERS, THE GALLERY WAS READMITTED TO THE MEETING.

Cr Munro left the meeting at 10.36 pm and returned at 10.37 pm following discussion of this item

13. MOTIONS WITHOUT NOTICE

13.1 CR S FISHER – 2016/2017 ANNUAL BUSINESS PLAN ONLINE TRIAL CONSULTATION FEEDBACK

MOVED Cr Fisher That the detailed financial calculations which support the costs listed in Council’s community consultation process with regard to the “Online Budget Builder Submissions December 2015” be presented to Council.

THE MAYOR REFUSED TO ACCEPT THE MOTION WITHOUT NOTICE.

14. QUESTIONS ON NOTICE

14.1 CR N GREER – POTENTIAL FUTURE CAPITAL WORKS IN THE CITY OF

MITCHAM QUESTIONS (1) What general estimate of cost would be involved in master planning

and community consultation for the Mitcham Railway station site?

ANSWER Depending on the scope of works to be included in the master planning exercise, costs for master planning and community consultation for the Mitcham Railway Station site could be in the order of $50,000 to $70,000.

(2) What costs were advised by for the development of the Blackwood

Activity Centre upgrade project when indicative plans and costings were arranged several years ago, and does Council anticipate that the current cost would be significantly higher or lower than this estimate?

ANSWER A number of design options were considered in 2011 and 2012 with costs ranging from $11.7 to $17.2 million. The cost estimates would need to be reassessed to determine current day costs and a number of other factors such as scope of works, location and funding options. Partnership opportunities would also need to be considered and could significantly increase or decrease cost estimates.


(3) Are there any current options open to Council of partnering with local

schools and other organisations to develop a community pool within Mitcham, to replace the Balyana Pool, and (if so) have any costs estimates been provided to Council to enable grant funding to be sought?

ANSWER Following the closure of the Balyana Pool, Council committed to meet with local schools which indicated an interest in considering future opportunities for the development of a pool that is accessible for community use. At this time, Scotch College indicated an interest to incorporate an indoor pool facility on the college site. Regular meetings were held to progress the concept, however there has been no further action since approximately mid-2014. No cost estimates have been determined at this time.

(4) Is Council in a position to liaise with Carrick Hill Trust to ascertain the

level of any current unfunded capital works sought by that organisation, including any capital funding sought to upgrade the Carrick Hill Story Book Trail?

ANSWER

The Mayor has extended an invitation to Mr Peter Kennedy, Chairman of the Carrick Hill Trust), to address Councillors and officers of Council on the plans for Carrick Hill’s development once the Minister has agreed to the proposal in 2016.

14.2 CR N GREER – RECYCLABLE MATERIAL QUESTIONS (1) What is the ultimate destination of recyclable plastic and cardboard

placed in residents’ yellow bins?

ANSWER A proportion of kerbside recyclables in Australia are exported. However almost all glass is retained and reprocessed in Australia (O&I for example) and some paper and cardboard is fed back into Australian paper mills. Some plastics are reprocessed locally and made into other products, but the majority is exported.


(2) Is any of this material still shipped interstate or overseas?

ANSWER East Waste is responsible for collecting and recycling all of Council’s co-mixed dry recyclables and green organics. East Waste has recently entered into a service contract with SKM (Sinclair Knight Merz) who is responsible for recycling the co-mixed, dry recycles. SKM currently back loads all co-mixed, dry kerbside recyclables to Geelong and Coolaroo in Victoria, which have state of the art materials recovery facilities. The sorted materials are then re-used in local and export markets as outlined above. A large percentage of glass recyclables are transported and used in South Australia.

(3) If so, what are the names of the specific facilities used in processing this material overseas and interstate?

ANSWER

SKM operates three facilities in Victoria:

• Coolaroo Materials Recovery Facility, Coolaroo, Victoria • Geelong Materials Recovery Facility, Geelong, Victoria • Glass Recovery Services, Coolaroo, Victoria

(4) And if so, has any environmental analysis been performed regarding

the impact of sending this material interstate and overseas?

ANSWER

The East Waste Member Council Tender Evaluation Panel recognised the superior environmental and resource recovery performance of SKM over other tenderers, but the Panel did not conduct an environmental analysis of moving materials interstate for processing. SKM has agreed to develop infrastructure in South Australia to process East Waste Member Councils’ recyclables within the first 24 months of the contract.

14.3 CR K HOCKLEY – HOUSE DESIGNS IN MITCHAM QUESTIONS (1) Why does council approve houses that have no eaves, have dark

roofs and walls and are incorrectly orientated for comfort? These houses are uncomfortable to live in and require significant resources for air conditioning and thus contribute to global warming. ANSWER Council is required to assess development applications against the provisions of the Development Plan.


There are many provisions of development control upon which an assessment must be based, some of which directly relate to energy efficiency and design. The Council’s determination is an ‘on balance’ assessment, meaning that a proposed development’s failure to satisfy one principle of development control would prove difficult to refuse an application. The Building Code of Australia (BCA) is the accepted Australia wide assessment method which specifies energy efficiency requirements that all new buildings must meet. The BCA requires all new dwellings to be designed having a 6 star energy efficiency rating. There are a number of specific design principles within the BCA in relation to energy efficiency, including; eaves, orientation, glazing, insulation, natural ventilation, window sizes, etc. The BCA provides designers with flexibility in their design to achieve the 6 star rating. The design is a matter of choice for the applicant and builder provided a 6 star rating is achieved. As a matter of procedure Council’s Administration work with applicants in an attempt to improve design and energy efficiency through orientation, roof colours, shading, introduction of eaves etc. However the applicants are not required to meet all provisions of the Development Plan nor the BCA. There are many different residential land use zones within Council’s Development Plan which prescribe different design requirements. Whilst not directly related to energy efficiency, design requirements exist in heritage and residential hills policy areas and zones relating to materials, finishes, colours, eaves, fenestration and roof design. Residential Code developments are also not subject to the rigour of Development Plan assessment. Council has no control over the assessment of this category of development. Residential Code developments do not consider aspects of energy efficiency in the designs other than the mandatory requirements of the BCA.

(2) What can Council do to ensure that new houses built in Mitcham are

more sensible and liveable and environmentally friendly?

ANSWER

Council has a Development Plan Amendment program which includes a Residential Development Plan Amendment (DPA). As part of this process Council has the ability to seek to introduce more detailed and specific criteria around energy efficient dwelling designs, land division allotment orientation, environmental design aspects of developments, Water Sensitive Design, amongst others.


Council Administration is currently seeking to meet with the State Government in relation to the progression of this DPA.

Importantly the State Government have the final say in the content of all DPA’s and they are currently engaged in replacing all Councils’ Development Plans across the State as part of the significant planning reforms in order to achieve greater uniformity. Given the planning reform that is currently underway the State is most unlikely to support any substantial changes to one Council’s Development Plan most likely preferring to wait and implement consistent energy efficiency criteria through the Planning Reform process currently underway. Council, however, as part of its DPA process is able to develop criteria it seeks to be introduced. Council’s administration will continue to work with applicants on their dwelling designs for all development applications required to be assessed by Council and ensure that the BCA requirements are met for all new dwellings to achieve a 6 star rating.

14.4 CR K HOCKLEY – POSSIBLE CONTRACTS WITH BROADSPECTRUM (FORMERLY TRANSFIELD SERVICES) QUESTION (1) Does Mitcham Council purchase any goods or services or otherwise

contract with either Wilson Security or Broadspectrum (formerly Transfield Services) or any of their subsidiaries?

(2) Where such arrangements are or have been in place, what types of

goods or services have been purchased this financial year and last financial year and what has been the cost of these?

ANSWER Council does not have any contracts with Transfield Services or Wilson Security.


15. QUESTIONS WITHOUT NOTICE

15.1 CR N GREER – RECYCLABLE MATERIAL

QUESTIONS (1) Should the answer to the question on notice at Item 14.2 regarding

Recyclable Material be taken to mean that the majority of plastics placed in residents’ yellow bins ultimately ends up overseas?

(2) If so, what specific overseas facilities and locations does SKM

(Sinclair Knight Merz) use to ultimately process plastics placed in residents’ yellow bins?

(3) Does SKM guarantee that more of the plastics sent overseas

ultimately ends up as landfill in South East Asia?

ANSWER The questions were taken on notice and a response will be supplied in a future Council Agenda.

15.2 CR K HOCKLEY – MITCHAM RAILWAY STATION

QUESTION What space is available at the Mitcham Train Station that could be utilised by a commercial or not-for-profit organisation for a coffee shop or other business? ANSWER The question was taken on notice and a response will be supplied in a future Council Agenda. MOVED Cr Hein That the questions be recorded in the Minutes. SECONDED Cr Fisher CARRIED UNANIMOUSLY

16. REPORTS FROM REGIONAL SUBSIDIARIES

Nil


17. MAYORAL BUSINESS

17.1 BUSINESS RAISED BY THE MAYOR (Ref: FF/2013/681) MOVED Cr Fisher That the report be received for information only. SECONDED Cr Sanderson CARRIED UNANIMOUSLY

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

18.1 CR L TAEUBER – BLACKWOOD BUSINESS NETWORK, BLACKWOOD

HIGH SCHOOL GOVERNING COUNCIL AND CARRICK HILL TRUST - SIX MONTHLY REPORTS JULY TO DECEMBER 2015

MOVED Cr Rosevear That the report be received for information only. SECONDED Cr Fisher CARRIED UNANIMOUSLY

19. REPORTS OUTSTANDING AND RESOLUTIONS NOT YET EFFECTED

19.1 ACTION SHEET

MOVED Cr Fisher That the report be received for information only. SECONDED Cr Sanderson CARRIED

CLOSE: There being no further business, the meeting closed at 10.54 pm

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