local government act 1999 confirmed

Confirm

ed

19 D

ecem

ber 2

017

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

Confirm

ed

19 D

ecem

ber 2

017

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

Confirm

ed

19 D

ecem

ber 2

017


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

Confirm

ed

19 D

ecem

ber 2

017


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

Confirm

ed

19 D

ecem

ber 2

017


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


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


Launch of the Playford tennis centre

Production of Annie, Shedley Theatre

Salt Church Commissioning of the cool room

RAAF Community walk in session – PFAS

Confirm

ed

19 D

ecem

ber 2

017


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


Cr Gay Smallwood-Smith

Playford Alive Reference Group 10 Year celebration


Opening of the Playford Tennis Centre

LGA Dinner (25 Year Service Certificate Presentation)

Stretton Centre 2nd Birthday

Launch of the Youth Report


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.

Confirm

ed

19 D

ecem

ber 2

017


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.

Confirm

ed

19 D

ecem

ber 2

017


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.

Confirm

ed

19 D

ecem

ber 2

017


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


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

Confirm

ed

19 D

ecem

ber 2

017


The Mayor and Cr Halls returned to the meeting at 8:03pm.

Strategic Planning Committee


14.2 COUNCIL ASSESSMENT PANEL TERMS OF REFERENCE REVIEW Responsible Executive Manager : Maggie Dowling


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


15.1 APPOINTMENT OF DEPUTY MAYOR Responsible Executive Manager : Sam Green


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.

Confirm

ed

19 D

ecem

ber 2

017


15.2 COUNCIL AND COMMITTEE MEETING SCHEDULE - APRIL 2018 Responsible Executive Manager : Sam Green


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


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.


Moved: Cr Federico Seconded: Cr Onuzans

That Council receive the report and staff make the relevant amendments to the table on page 104.

CARRIED

Confirm

ed

19 D

ecem

ber 2

017


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.


Moved: Cr Sherwood Seconded: Cr O'Rielly

That Council receives the Budget Update Report for period ending 31 October 2017 (Attachment 1).

CARRIED


15.6 FIRST BUDGET REVIEW 2017/18 Responsible Executive Manager : Sam Green


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.

Confirm

ed

19 D

ecem

ber 2

017


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


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.

Confirm

ed

19 D

ecem

ber 2

017


C. PROCEDURAL DECISION - TO DECIDE HOW LONG ITEM 18.1 IS TO BE KEPT IN CONFIDENCE


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.

Confirm

ed

19 D

ecem

ber 2

017

local government act 1999 confirmed

Documents